1. proclamation: april 2017 as child abuse prevention ...f - i proclamation april 2017 child abuse...

CITY OF CORNINGCITY COUNCIL MEETING AGENDA

TUESDAY, MARCH 28, 2017CITY COUNCIL CHAMBERS

794 THIRD STREET

The City of Corning welcomes you to our meetings, which are regularly scheduled for thesecond and fourth Tuesdays of each month. Your participation and interest is encouraged andappreciated.

In compliance with the Americans with Disabilities Act, the City of Corning wil make available tomembers of the public any special assistance necessary to participate in this meeting. Thepublic should contact the City Clerk's office (530/824-7033) to make such a request.Notification at least 72 hours prior to the meeting wil enable the City to make reasonablearrangements to ensure accessibilty to this meeting.

This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.Complaints of discrimination may be filed with the Secretary of Agriculture, Washington,D.C. 20250.

A. CALL TO ORDER: 6:30 p.m.

B. ROLL CALL: Council: Darlene DickisonDave LinnetJose "Chuy" ValerioRobert SnowDouglas Hatley Jr.Mayor:

C. PLEDGE OF ALLEGIANCE: Led by the City Manager.

D. INVOCATION: Led by Mayor Hatley.Persons of no religious persuasion wil not be expected in any manner to stand or toparticipate other than to remain quiet out of respect for those who do choose to participate.

E. PROCLAMATIONS. RECOGNITIONS. APPOINTMENTS. PRESENTATIONS:

1. Proclamation: April 2017 as Child Abuse Prevention Month. Present to accept theProclamation wil be Tehama County Child Abuse Prevention Council Vice-Chair MikeLindsey and Maria Curiel, Tehama County Child Abuse Prevention Council Member.

2. Proclamation: April 2017 as National Alcohol Awareness Month. Present to accept theProclamation wil be Drug & Alcohol Counselor Adam Zuccato from the Tehama CountyHealth Services Agency Drug & Alcohol Division.

F. BUSINESS FROM.THE FLOOR:

G. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:

H. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be actedon simultaneously unless a Councilmember or members of the audience request separatediscussion and/or action.

3. Waive reading, except by title, of any Ordinance under consideration at this meetingfor either introduction or passage, per Government Code Section 36934.

4. Waive the reading and approve the Minutes of the February 28, 2017 Closed

Session & Regular City Council Meeting with any necessary corretions.

5. March 22, 2017 Claim Warrant - $236,164.19.

6. March 22, 2017 Busines License Report.

THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

I. ITEMS REMOVED FROM THE CONSENT AGENDA:

J. PUBLIC HEARINGS AND MEETINGS: None

K. REGULAR AGENDA:

7. Approve assignment of the Independent Contractor Agreement for AdolescentDiversion Program Coordinator with Ric Schoon.

8. Police Department seeks authorization to accept the Board of State and CommunityCorretions Grant Monies.

9. Authorize payment to North State Electric & Pump for emergency repair work at theWastewater Treatment Plan in the amount of $13,620.62.

10. Approve Agreement with the Paskenta Bank of Nomlaki Indians for Implementationof Restore Program.

11. Approve compensation plan for the unrepresented positions of City Manager andAdministrative Asistant to the City Manager.

12. Ratify Memorandum of Understanding between the City and the Public SafetyBargaining Unit

L. COMMUNICATIONS. CORRESPONDENCE AND INFORMATION:

M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers wil report onattendance at conferences/meetings reimbursed at City expense (Requirement of AssemblyBil1234).Dickison:Linnet:Valerio:Snow:Hatley:

N. ADJOURNMENT!:

POSTED: FRIDAY, MARCH 24, 2017


f - I

PROCLAMATION

APRIL 2017CHILD ABUSE PREVENTION MONTH

WHEREAS, children are the future of Tehama County and we continue to worktowards a community that is greater for them than the one we grew up in; and

WHEREAS, our communities benefit from children who become contributingmembers to society; and

WHEREAS, finding solutions to child maltreatment requires input and action fromeveryone; and, educational efforts increase public awareness about ways to recognizeand prevent child abuse.

WHEREAS, community efforts are instrumental in combating the long-termeffects of child maltreatment including psychological, emotional and physical effects thatcan have lifelong consequences for victims of abuse.

WHEREAS, effective child abuse prevention programs succeed as a result ofpartnerships among citizens, social service agencies, schools, faith communities, civicorganizations, law enforcement agencies, and the business community; and

WHEREAS, child abuse prevention remains the best defense for our childrenand familes.

NOW, THEREFORE I, DOUGLAS HATLEY JR., AS MAYOR OF THE CITY OFCORNING, DO HEREBY PROCLAIM THE MONTH OF APRIL 2017 AS "CHILDABUSE AND NEGLECT PREVENTION MONTH" IN THE CITY OF CORNING and callupon all citizens to "Say Something, Do Something for Kids" by dedicating ourselves tothe task of preventing child abuse by strengthening familes and communities in whichwe live.

IN WITNESS WHEREOF, i have hereunto setmy hand and caused the Great Seal of the Cityof Corning to be affixed this 28th day of March2017.

DOUGLAS HATLEY JR., MAYOR

ATTEST:

LISA M. LINNET, CITY CLERK

f - i-

PROCLAMATION

APRIL 2017NATIONAL ALCOHOL AWARENESS MONTH

IN THE CITY OF CORNINGConnecting the Dots: Opportunities for Recovery

WHEREAS, excessive drinking is responsible for more than 4,300 deaths amongunderage youth each year; and.

WHEREAS, alcohol is the most commonly used addictive substance in the UnitedStates; and

WHEREAS, nearly 10 milion young people, ages 12-20, report that they've consumedalcohol in the past 30 days; and

WHEREAS, young people who begin drinking before age 15 are four times more likelyto develop alcohol dependence than those who being drinking at age 21; and drinking bypersons under the age of 21 is i1egal, yet people aged 12 to 20 drink 11% of all alcoholconsumed in the United States.

WHEREAS, the typical American wil see 100,000 beer commercials before he or sheturns 18 and;

WHEREAS, kids who drink are more likely to be victims of violent crime, to be involvedin alcohol-related traffic crashes, and to have serious school-related problems; and

WHEREAS, a supportive family environment is associated with lowered rates of alcoholuse for adolescents and kids who have conversations with their parents and learn a lot aboutthe dangers of alcohol and drug use are 50% less likely to use alcohol and drugs than thosewho don't have such conversations.

THEREFORE, for all these reasons, the Tehama County Drug and Alcohol AdvisoryBoard and Tehama County Health Services Agency in collaboration with the National Councilon Alcoholism and Drug Dependence, Inc. are asking the members of the Corning City Councilto proclaim April 2017 as National Alcohol Awareness Month in the City of Corning.

NOW, THEREFORE I, DOUGLAS HATLEY, JR., AS MAYOR OF THE CITY OFCORNING, DO HEREBY PROCLAIM THE MONTH OF APRIL 2017 AS NATIONALALCOHOL AWARENESS MONTH IN THE CITY OF CORNING. I call upon all residents,parents, government agencies, public and private institutions, businesses, and schools in theCity to support efforts that provide early education about alcoholism and addiction. Throughthese efforts, together we can "Connect the Dots and find Opportunities for Recovery" forthose in our community who are facing challenges with alcohol use and abuse.

IN WITNESS WHEREOF, I have hereunto setmy hand and caused the Great Seal of the Cityof Corning to be affixed this 28th day of March2017.

Douglas Hatley, Jr., Mayor

ATTEST:

Lisa M. Linnet, City Clerk

Item No.: H-4

CITY OF CORNINGSPECIAL CITY COUNCIL

CLOSED SESSION MINUTES

TUESDAY, FEBRURARY 28,2017CITY COUNCIL CHAMBERS

794 THIRD STREET



B. ROLL CALL: Council:

Mayor:

Darlene Dickison

Dave LinnetJose "Chuy" ValerioRobert SnowDouglas Hatley Jr.

All members of the City Council were present.

The Brown Act requires that the Council provide the opportunity for persons in the audience tobriefly address the Council on the subject(s) scheduled for tonight's closed session. Is thereanyone wanting to comment on the sUbject(s) the Council wil be discussing in closed session?If so, please come to the podium, identify yourself and give us your comments.

C. PUBLIC COMMENTS:

D. REGULAR AGENDA:

1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO SECTION 54957.6:Agency Negotiator: Willam May, Labor Relations ConsultantBargaining Units: Management, Public Safety, Dispatcher, and Miscellaneous

E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ONCLOSED SESSION: 6:30 p.m.Mayor Hatley announced that Council met in Closed Session with the Labor Negotiator andgave him direction.



Item No.: H-4

CITY OF CORNINGCITY COUNCIL MEETING MINUTES

TUESDAY, FEBRUARY 28,2017CITY COUNCIL CHAMBERS

794 THIRD STREET



B. ROLL CALL: Council:

Mayor:

Darlene Dickison

Dave LinnetJose "Chuy" ValerioRobert SnowDouglas Hatley Jr.

All members of the City Council were present.

C. PLEDGE OF ALLEGIANCE: Led by the City Manager.

D. INVOCATION: Led by Mayor Hatley.Persons of no religious persuasion wil not be expected in any manner to stand or toparticipate other than to remain quiet out of respect for those who do choose to participate.

E. PROCLAMATIONS. RECOGNITIONS. APPOINTMENTS. PRESENTATIONS:

1. Presentation - "Tehama 211" presentation by Orle Jackson of Tehama Together.

Mr. Jackson informed the Council that Tehama 211 is a non-profit and is operated byVolunteers. He explained that 211 is a call in program monitored 24-7 that provides informationon such things as emergency services and healthcare locations, etc. He stated that TehamaCounty is one of 30 Counties in the State providing this Program and that Tehama County is thesmallest of the 30. He further stated that it currently takes $30,000 per year to operate thisProgram. The Program is offered not only via the 211 Call Center phone line, but also onlineand approximately 20% of calls received are from the City of Corning. February is 211Awareness Month.

The County provides annual funds $7,000 towards the program, and the TIDE group providesfunds as welL. Tehama County 211 is partnered with Shasta County.

F. BUSINESS FROM THE FLOOR:Police Chief Jeremiah Fears introduced the newest City Police Dispatcher Trisha Duncan.

G. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None.

H. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be actedon simultaneously unless a Councilmember or members of the audience request separatediscussion and/or action.

2. Waive reading, except by title, of any Ordinance under consideration at this meetingfor either introduction or passage, per Government Code Section 36934.

3. Waive the reading and approve the Minutes of the February 14, 2017 ClosedSession & Regular City Council Meeting with any necesary corretions:

4. February 22, 2017 Claim Warrant - $63,Sn .S1.

5. February 22, 2017 Business License Report.


Item No.: H-4

Councilor Linnet moved to approve Consent Items 2-5 and Councilor Dickison seconded themotion. Ayes: Hatley, Dickison, Linnet, Valerio and Snow. Absent/Abstain/Opposed:None. Motion was approved by a 5-0.

I. ITEMS REMOVED FROM THE CONSENT AGENDA: None.

J. PUBLIC HEARINGS AND MEETINGS:

6. Appeals Hearing for proposed Delinquent Water and/or Sewer Propert Liens on 19

properties. It was announce that this item has ben pOstpOned until the March 14th

City Council Meetina.

K. REGULAR AGENDA:

7. Adopt Resolution No. 02-28-2017-01 authorizing the City Manager to execute and

submit a Water Resource Control Board WaterlEnergy Audit Financial AsistanceApplication.

Public Works Director Dawn Grine presented this item stating that the State Water ResourcesControl Board (SWRCB) is advertising available funding to agencies for the purpose of conductingan internal Water or Energy Audit. She explained that seeks to only pursue the Water Auditportion of the application and the purpose of the Audit is to encourage publiC agencies to take anindependent look at current practices, identify inefficient water use and compose a plan toimprove consumption. Once the audit is completed it wil become a useful tool that the City wiluse when seeking funding for water related projects. She further explained that although the costto complete audit is estimated to be $17,000 and the funds are reimbursable from the SWRCBupon completion of the final Water Audit Report.

Councilor Dickison moved to:~ Adopt Resolution 02-28-2017-01 designating the City Manager as the authorized

representative and signatory on State Water Resources Control Board Water/Energy AuditFinancial Assistance Application;

~ Authorize the City Manager to execute and submit a State Water Resources Control

Board Water/Energy Audit Financial Assistance Application; and~ Appropriate $17,000 from Fund 630 into the FY 17/18 Budget.

Councilor Valero seconded the motion. Ayes: Hatley, Dickison, Linnet and Valerio.Oppoed: Snow. Absent/Abtain: None. Motion was approved by a 4-1 vote with Snowopposing.

8. Adopt Resolution No. 02-28-2017-02 authorizing inclusion of Properties within Cityjurisdiction in the Figtre PACE Program to finance distributed generation

renewable energy sources, energy & water efficiency improvement and electricvehicle charging infrastructure, and approve the Indemnification Agrement.

City Manager Miler briefed the Council stating that the City has passed similar Programs in thepast. She stated that unfortunately a consolidated Resolution for all cannot legally be done and aseparate Resolution and Agreement is necessary for each. She emphasized that there is nofinancial impact to the City.

Councilor Linnet moved to adopt Resolution 02-28-2017-02 authorizing City participation inFigtree Propert Assessed Clean Energy (PACE) and Job Creation Program enabling propertowners to finance permanently fixed renewable energy, energy and water efficiencyimprovements and electric vehicle charging infrastructure on their properties; and approve theassociated Indemnification Agreement between the City of Corning and Figtree Company, Inc.Councilor Snow seconded the motion. Ayes: Hatley, Dickison, Linnet, Valerio and Snow.Absent/Abtain/Opposed: None. Motion was approved by a 5-0.

9. Award 2-year Agrement for Landscape and Maintenance Services to SierraLandscape & Maintenance for service to 11 City locations in the amount of $2,600per month and $16,800 from the General Fund Reserves


Item No.: H-4

Public Works Director Dawn Grine presented this item stating that this had previously beenbrought before the Council at which time Council rejected the bids. She explained that the CitySpecifications for Landscape & Maintenance Services were then reviewed by Staff and twoCouncil Members (Dickison and Linnet) and some reductions in services sought by the City weremade.

Councilor Dickison moved to award the 2-year Landscape and Turf Maintenance Agreement toprovide services to eleven (11) City locations to Sierra Landscape & Maintenance for the amountof $2,60 a month; appropriate funding from the General Fund Reserves to accommodate the

$16,800 annual difference in cost; and authorize the City Manager to sign the Contract. CouncilorValero seconded the motion. Ayes: Hatley, Dickison, and Valerio. Opposed: Linnet andSnow. Abent/Abstain: None. Motion was approved by a 3-2 vote with Linnet and Snowopposing.L. COMMUNICATIONS. CORRESPONDENCE AND INFORMATION: None.

M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers wil report onattendance at conferences/meetings reimbursed at City expense (Requirement of AssemblyBil 1234).

Dickison: Announced the Senior Center wil be having a bunko night on March 9th at 5 p.m.;on March 19th they will host a Sip & Paint at 1 p.m. She reported on her attendance at theTripartite Board Meeting and stated that the next meeting will be held in Corning on March 16thfrom 3-5 p.m. She also stated that she attended the Exchange Club Fire/Police Awards annualdinner.

Linnet: Announced that the next JPA (Tehama County Solid Waste Management Agency)Meeting is Thursday (March 2nd) night and stated they are trying to find additional funds for a TireEvent over the next two years. He then welcomed the newest police dispatcher Trisha Duncan.

Valerio: Stated that the next Chamber of Commerce Meeting wil be the second Tuesday ofthe month and he will attend if there is no Closed Session.

Snow: Welcomed new Police Dispatcher Trisha Duncan.Hatley: Announced that Deloris May was awarded Volunteer of the year, and Debbie May

was awarded Firefighter of the Year at the Exchange Club Fire/Police Annual Dinner and alsowelcomed the Citys new Dispatcher.

City Manager Kristina Miler reported on the recent Pharmaceutical Drug Meeting to discuss amanageable ''Take Back" Program that would not be a burden on local & county governments. Itis expected that the associated Resolution and/or Ordinance wil be fought by big Pharma.

N. ADJOURNMENT!: 7:07 p.m.



f--S

MEMORANDUM

TO: HONORABLE MAYOR AND COUNCIL MEMBERS

FROM: LORI SIMSACCOUNTING TECHNICIAN

DATE: March 22, 2017

SUBJECT: Cash Disbursement Detail Report for theTuesday March 28, 2017 Council Meeting

PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THEFOLLOWING:

B. Cash Disbursements Ending 03-21-17

$ 29,297.09

$ 192,297.99

$ 897.17

$ 13,671.94

A. Payroll Disbursements Ending 03-14-17

C. Cash Disbursements Ending 03-22-17

D. Cash Disbursements Ending 03-22-17

GRAND TOTAL $ 236,164.19

REPORT.: Mar 21 17

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Run By.: LORI

Tue

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CITY OF CORNING

Cash Disbursement Detail Report - Payroll Vendor Payment (s)

Check Listing for 03-17 Bank Account.: 1025

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CITY OF CORNING



CLEAR VISION

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REPORT.: Mar 21 17

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N. .

. .:

Mar

21

17Run By.: LORI

Tue

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REPORT.: Mar 22 17

RU

N. .

. .:

Mar

22

17Run By.: LORI

Wed

nesd

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CITY OF CORNING



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REPORT.: Mar 22 17

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N. .

. .:

Mar

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Che

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0235

8303/22/17 NOR17

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CITY OF CORNING



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A18

963

MAT & SUPPLIES-STR

Date..: Mar 22, 2017

Time..: 11:58 am

Run by: LORI

Business Name

Add

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DJC-LDS ENTERTAINMEN 403

TAYLOR CONCRETE CONS 4435

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Page.: 1

List.: NEWB

Group: WTFMB

Business Desc. #1

Business Start Date Primary Teleph

DJ SERVICES

CONCRETE CONTRACTOR

SOLA INSTALLATION

03/1

5/17

03/2

1/17

03/2

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(530

) 20

9-57

63(5

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870-

6131

(888

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ITEM NO.: K-7

APPROVE ASSIGNMENT OF THEINDEPENDENT CONTRACTORAGREEMENT FOR ADOLESCENTDIVERSION PROGRAM COORDINATORWITH RIC SCHOON.

March 28, 2017

TO: HONORABLE MAYOR AND COU~CIL. MBERS

FROM: KRISTINA MILLER; CITY MANAGE .JODY BURGESS, CITY ATTORN

BACKGROUND:

On September 13, 2013 the City of Corning was awarded a Bureau of Justice Assistance (BJA)grant through the Byrne Criminal Justice Innovation Program (BCJI). The City's grant, knownas the Everett Freeman Initiative, was designed as a two-step process; the planning phaseand the implementation phase.

The implementation phase was approved in December 2014. The implementation phase wasfor a two-year period with the right to carry-over unspent funds into a third year.

A component of the implementation phase included the development and implementation of anAdolescent Diversion Program. An Agreement for Performance of Services by IndependentContractor was established and approved by Council between Tara Cory and the City, for thecoordination of the Adolescent Diversion Program with the services to be grant funded. Thiswas approved by the City on August 25, 2015. This Agreement included the right to extend theterms of the Agreement.

On August 3, 2016 the City received approval to carry-over $379,025 and extend our grantperiod to September 30, 2017.

On September 13, 2016 the City Council extended the term of the Agreement between TaraCory and the City, for the coordination of the Adolescent Diversion Program from August 25,2016 to August 24,2017.

Ms. Cory recently tendered her resignation. Ms. Cory highly recommended Mr. Ric Schoon asher replacement and Staff concurs with her recommendation following an interview with Mr.Schoon.

Presently, the County of Tehama provides the underlying funding of $40,000 per year which isconfirmed by a Contract that was approved by the City Council on February 14, 2017. Thisfunding is paid in quarterly installments of $10,000 each. A provision has been inserted in thisAgreement that allows the City of Corning to terminate the Independent Contractor Agreementshould the County not fund the $40,000 and/or the Byrne Criminal Justice Innovation Program'sfunding source be removed.

RECOMMENDATION:

MAYOR AND CITY COUNCIL:

1. APPROVE ASSIGNMENT OF THE PERFORMANCE OF SERVICES AGREEMENTAND ASSOCIATED ADDENDUM FOR COORDINATION OF THE ADOLESCENTDIVERSION PROGRAM TO RIC SCHOON; AND

2. AUTHORIZE THE MAYOR TO SIGN ALL RELATED ASSIGNMENT DOCUMENTSREQUIRED TO ALLOW FOR THE PROGRESSION OF THE COORDINATOR'SPRESENCE AS REQUIRED BY THE ADOLESCENT DIVERSION PROGRAM.

ASSIGNMENT AND ASSUMPTION OF CONTRACTS

FOR VALUE RECEIVED, Tara Cory ("Assignor") hereby assigns, transfers, andconveys to Ric Schoon all of Assignor's right, title, interest in those certain contractsentitled AGREEMENT FOR PERFORMANCE OF SERVICES BY INDEPENDENTCONTRACTOR made effective August 25, 2015,' ADDENDUM TO THE AGREEMENTFOR PERFORMANCE OF SERVICES BY INDEPENDENT CONTRACTOR made effective

August 25, 2016; and any other amendments to either agreement, including theamendment that allowed for either party to terminate the agreement on 3D-dayswritten notice as set forth below, and ratified:

Notwthstanding any other provision of this Agreement, either Darwilll1ave the right to terminate this Agreement at any time by giving30 days written notice to the otherpart Unless otherwse terminatedas provided in this Agreement, this Agreement wil continue in forceuntil the servces provided for in this Agreement have been fully andcompletely performed and shall then terminate unless renewed inwriting by both parties; however, in no event, shall this Agreementextend beyond one calendar year after its execution unless mutuallyextended by the parties for durations not to exceed 12 months perrenewaL.

A copy of the Contracts are attached as Exhibits "A", and "B" respectively, andincorporated by reference.

Assignor warrants that the Contracts are in full force and effect and that there hasbeen no breach by any of the parties to the Contracts. Assignor further warrantsthat Assignor is in full compliance with all the terms and conditions of the Contracts,that Assignor has the right to assign the Contracts, and that Assignor has not

assigned or encumbered all or any part of Assignor's rights under the Contracts.

Assignee accepts the above assignment and agrees to perform all obligations ofAssignor under the Contracts according to its terms and conditions from and afterthe date of execution of this assignment, and acknowledges that this assignment isdrafted and shall be construed under traditional "assignment of contract" principles.Assignee further acknowledges receipt and review of the Memorandum ofUnderstanding between the City of Corning and the Corning Union High School

Page 11 Assignment and Assumption of Contracts

District fort counselling support services to students in CUHSD schools through useof the grant monies set forth herein.

Assignee agrees to indemnify, defend, and hold Assignor harmless from anyliabilties, claims, causes of action, or expenses with respect to the Contracts to theextent relating to or caused by acts, events, omissions, or conditions arising after thedate of this assignment. Assignor agrees to indemnify, defend, and hold assigneeharmless from any liabilties, claims, causes of action, or expenses with respect tothe Contracts to the extent relating to or caused by acts, events, omissions, or

conditions occurring on or prior to the date of this as~ignment.

By executing below, the parties accept the obligations, rights and duties set forthabove, and further acknowledge that this document spells out the entire agreementbetween these parties relative to the assignment and assumption of contractualrights and responsibilties. And that they possess the authority to execute thisagreement or otherwise bind himself/itself as called for herein.

ASSIGNOR:

Tara Cory Date

By:

ASSIGNEE:

Rick Schoon Date

CONSENT TOASSIGNMENT ANDASSUMPTION

City of Corning, CaliforniaBy its Mayor, Douglas Hatley

Date

Page I 2 Assignment and Assumption of Contracts

\ " ì.

éYlllt7ft A

AGREEMENT FOR PERORMANCE OF SERVICES BY INDEPENDENTCONTRCTOR

CONTRACT FOR SERWCES

This AQreement is made on August 25.2015 between the City of Coming, California ("Client", with aprincipal place of business at 794 Third Street and Tara Cor ("Contractot'), an IndependentContractor, with a principal place of business at Corninq City Hall. 794 Third Street. Corning, CA96021.

ARTICLE 1. TERM OF CONTRACT

1.01. This Aqreement will become effective Auqust 25.2015, and wil continue in effect unti the servicesprovided for in this Aqreement have been performed or until terminated as provided in this Aqreement.

ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR

2.01. Contractor agrees to coordinate the Adolescent Diversion Program, which include the identificationof first time juvenile offenders, coordinate case management services and diversion implementationmethods, including the establishment of a network or system that garners communication between thesource diverting the juvenile offender and the coordinator to ensure diversion opportunities are in place,recruiting and training of volunteers to aid in the case management services and diversion implementationservices, data collection on all aspets of the program and its services for purposes of independentassessment on the number of offender diverted, diversion methods utilzed, and recidivism rates of thosethat have participated in the program.

2.02. Contractor will determine the method, details, and means of performing the above-describedservices and shall provide an update to City of the status and implementation of the program.

2.03. Contractor enters into this Aørement, and wil remain throughout the term of the AQreement, asan Independent Contractor. Contrctor agrees that she is not and wil not become an employee,partner, agent, or principal of Client while this AQreement is in effect. Contractor agrees she is notentitled to the rights or benefits afforded to Client's employees, including disabilty or unemploymentinsurance, workers' compensation, medical insurance, sick leave, or any other employment benefit.Contractor is responsible for proviing, at her own expense, disabiliy, unemployment, and other

insurance, workers' compensation, trining, penn its, and licenses for herself and her employees andsubcontractors, if any.

2.04. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred

as a result of the compensation paid by Client to Contractor for services under this AQreement. Onrequest, Contractor wil provide Client with proof of timely payment Contractor agrees. to indemnifyClient for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting fromContractots failure to comply with this provision.

2.05. Contractor may, at Contrctots own expense, use any employees or subcontractors as

Contractor deems necessary to perfor the services required of Contractor by this Aqreement. Clientmay not control, direct, or supervise Contractots employees or subcontractors in the performance ofthose services.

Page 1 of 5

ARTICLE 3. COMPENSATION

3.01. In 'consideration for the services to be perormed by ContractDr, Clent agrees to pay Contractor$70,000.00 during the twelve month period beinning August 25,2015, and shall pay such sums at equal

monthly installments of $5,833.33, subject to the full and faithful performance of Contrctor as set forthherein. Contrctor agrees and understands that the funding for this poiton is, in part, paid by theCounty of Tehama pursuant to a contract between the Client and the County of Tehama and, in part, bygrant funds recived by the Client through th Byre Criminal Justice Innovation Program (BCJI). In the

event the County of Tehama losses funding or otherwise doesn't pay the sums allotted under its owncontract with Client, or the Client losses its BCJI grant funds, Client resers the right to terminate thiscontract and pay Contractor the pro rata amount of the installment then due for the monthly workperformed up to the date of termination with no continuing obligation therefter under the terms of thisAareement.

3.02. For servces rendered under this Aareement, Client agrees to pay Conúactor the sum set forth inParagraph 3.01 of this Aareement on completion of work or at the rate of $5,833.33 per month, payableon the first day of each month, until the entire sum has been paid. Contractorshall submit a statement oftasks performed for each calendar month preceing payment, which Client will utilze in conjunction withits agreement with the County of Tehama, specifically Section 5 of that agrement that requires Client tosubmit to the County of Tehama a description of work performed as a conditn of receipt of payment fromthe County of Tehama.

3.03. Contractor will be responsible for all expenses incurred in performing services under this

Aareement.

ARTICLE 4. OBLIGATIONS OF CONTRACTOR

4.01. Contractor agrees to devote a minimum of 80 hours per month to perorming the above-described

services.

4.02. Contractor may represent, perform services for, and contract with as many additional clients,persons, or companies as Contractor, in her sale discretion, sees fit.

4.03. Contractor may perform the services under this Aareement at any suitable time and location shechooses; however, Contract must devote sufcient time where physically needed to ensure the diversionservices contemplated herein are being met, including but not limited to 5 hours of counseling and casemanagement given to each juvenile that is diverted into the program.

4.04. Contractor wil supply all tools, materials, and equipment, except as noted in ARTICLE 5, requiredto perform the services under this Aareement.

4.05. Contractor agrees to provide workers' compensation insurance for Contractots employees andagents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury,disabilty, or death of any of Contractots employees or agents.

4.06. Contractor agrees to maintain a policy of insurance in the minimum amount of $1,000,000 to cover

any negligent acts or omissions committed by Contractor or Contractots employees or agents duringthe performance of any duties under this AQreement. Contractor further agrees to indemnify and holdClient free and harmless from any and all claims arising from any such negligent act or omission, includingany liabilty, loss, damage, fine, fee, judgment, or other loss of any kind.

4.07. Contractor represents that she has the qualifications and skils neceary to perorm the servicesunder this Aqreement in a competent, professional manner, without the advi or direction of Client. Thismeans Contractor is able to fulfll the requirements of this Aqreement. Failure to perfor all the servicesrequired under this AQreement constitutes a matenal breach of the Agreement. Contractor hascomplete and sole discretion for the manner in which the work under this AQrement will be performed.

Page 2 of 5

4.08. Contractor agrees to indemnify, defend, and hold Client free and harmless from all claims,demands, losss, costs, expenses, obligatins, liabilties, damages, recoveries, and deficiencies, includinginterest, penalties, attomeys' fees, and costs, that Client may incur as a result of a breach by Contractorof any representation or aqreement contained in this Aqreement.

4.09. Neither this Aqreement nor any duties or obligations under this Aqreement may be assigned byContractor without the prior written consent of Client.

ARTICLE 5. OBLIGATIONS OF CLIENT

5.01. Client agrees to comply with all reasonable requests of Contractor and provide access to alldocuments reasonably necessary to the performance of Contractots duties under this Aqreement. '

5.02. Client is receiving offce space on Client's premises for use by Contractor while performing theabove-described services; however, any supplies necessary to complete the Contractor's work at thesole cost and responsibility of Contractor.

5.03. Neither this Aqreement nor any duties or obligations under this Aqreement may be assigned byClient without the prior written consent of Contractor.

ARTICLE 6. TERMINATION OF AGREEMENT

6.01. Notwithstanding any other provision of this Aqreement, Client may terminate this Aqreement at anytime by giving 30 days written notice to the Contractor. Unless otherwise terminated as provided in thisAqreement, this Aqreement will continue in force unti the services provided for in this Aqreement havebeen fully and completely performed and shall then terminate unless renewed in writing by both parties;however, in no event, shall this Agreement extend beyond one calendar year after its execution unlessmutually extended by the parties for durations not to exceed 12 months per renewaL.

6.02. This Agreement will terminate automatically on the occurrence of any of the following events:

(a) Bankruptcy or insolvency of Contractor.

(b) Loss of funding from Tehama County as provided in its Contract with Client and/or loss of anyfunding from the Byrne Criminal Justice Grant.

(c) Death of Contractor.

(d) Assignment of this Aqreement by either party without the consent of the other party.

6.03. If either party defaults in the performance of this Aqreement or materially breaches any of itsprovisions, the non-breaching part may terminate this Aqreement by giving written notification to thebreaching party. Termination wil take effect immediately on receipt of notice by the breaching part or fivedays after mailng of notice, whichever occurs first. For the purposes of this paragraph, material breach ofthis Aqreement includes, but is not limited to, the following:

(a) Client's failure to pay Contractor any compensation due within 30 days after written demand for

payment.

(b) Contractots failure to complete the services provided under this Agreement.

(c) Contractots material breach of any representation or agreement contained herein.

ARTICLE 7. PROPRIETARY RIGHTS

7.01. Any written, printed, graphic, or electronically or magnetically recorded information furnished byClient for Contractots use are the sole propert of Client. This proprietary information includes, but is notlimited to, customer data tracking of the diversion services program and methodology created and/or usedby Contractor to coordinate the Juvenile Diversion Program servce.

Page3 of 5

f"

Contractor will keep this confidential information in the strctest confidence, and wil not disclose it by anymeans to .any person. except withClients .approval,- and only-tEl .the extent. necessary to perform theservces under this Aøreement. This prohibition also applies to Conúactots employees, agents, andsubcontractors. On termination of this Aøreement, Contrctor will retum any confidential information inher possession to Client.

Contractor furter agrees to adhere to all laws relating to pnvacy nghts of those participating in theJuvenile Diversion Program, and upon any request by any means or authority to receive such informationoutside of the scope of this Aøreement, Contractor shall take all measures to safeguard the pnvacyrights of the participants within the program and shall immediately notif Client of the same.

ARTICLE 8. GENERAL PROVISIONS

8.01. Any notices required to be given under this Aqreement by either party to the other may be effectedby personal delivery in wnting or by mail, registered or certified, postage prepaid with return receiptrequested. Mailed notices must be addressed to the parties at the addresses appearing in theintroductory paragraph of this Aqreement, but each part may change the address by giving written noticein accordance with this paragraph. Notices delivered personally wil be deemed communicated as ofactual receipt; mailed notices wil be deemed communicated as of the day of receipt or the fifth day aftermailng, whichever occurs first.

8.02. This Aqreement supersedes any and all Agreements, either oral or written, between the partieswith respect to the rendering of services by Contractor for Client and contains all of the representations,covenants, and aqreements between the parties with respect to the rendering of those services. Eachparty to this Aqreement acknowledges that no representations, inducements, promises, or aqreements,orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are notcontained in this Aqreement, and that no other aqreement, statement, or promise not contained in thisAqreement wil be valid or binding. Any modification of this Aqreement will be effective only if it is in awriting signed by the party to be charged.

8.03. If any provision of this Aøreement is held by a court of competent jurisdiction to be invalid, void, orunenforceable, the remaining provisions will continue in full force and effect without being impaired orinvalidated in any way.

8.04. If Contractor dies before completing the services under this Agreement, any moneys dueContractor from Client under this Agreement as of the date of death will be paid to the Contractotsexecutors, administrators, heirs, personal representatives, successors, and assigns.

8.05. Any controversy between the parties to this Aqreement involving the construction or application ofany of the terms, covenants, or conditions of this Aqreement will, on the written request of one partyserved on the other, be submitted to arbitration. The arbitration will comply with and be governed by theprovisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of CivilProcedure, and any decision of the Arbitrator must be one that correctly applies California law.

The parties wil each appoint one person to hear and determine the dispute. If those two persons areunable to agree, then they wil select a third impartial arbitrator whose decision wil be final and conclusiveon both parties. The cost of arbitration wil be bome in a proportion the arbitrators determine.

8.06. If any legal action including an action for declaratory relief, is brought to enforce or interpret the

provisions of this Agreement, the prevailng part will be entitled to reasonable attorneys' fees, which maybe set by the court in the same action or in a separate action brought for that purpose, in addition to anyother relief to which that part may be entitled.

Page 4 of5

8.08. This Aqreement wil be governed by and construed in accordanc with the laws of the State of- California and -any dispute- arising- under theterms- of this--Agreement shall be tred within-the County ofTehama's boundary.

WHEREFORE the parties have read and understand the terms of this Agreement and agree to by boundto the same.

Executed at Corning, Caliornia, on August 25, 2015.

ARTICLE 9, SIGNATURES:

CITY OF CORNING INDEPENDENT CONTRACTOR

f5/~~ J ir/ /~.. as 10 orm:--~

. Jody Burgess, City Attorney

~Date:Date:

Date: ~\Jbù6r 15 i¡ (r-/

Attest:

~~ uJ'. 17. Gf¿I1I~Lisa M. Linnet, City Clerk

Page 50fS

e:XMi!?(í i3

ADDENDUM TO THE AGREEMENT FOR PERFORMANCEOF SERVICES BY INDEPENDENT CONTRACTOR

This Addendum is entered into by and between the City of Corning, herein called THECITY, and Tara Cory, herein called CONTRACTOR, with an effective date of August 25,2016.

It is mutually understood and agreed by and between THE CITY and CONTRACTOR toamend that previously executed Agreement for Performance of Services by IndependentContractor effective August 25,2015 as follows:

The term of the Agreement shall be extended by this Addendum for the period fromAugust 25,2016 through August 24,2017.

All other terms and conditions of the Agreement for Performance of Services by

Independent Contractor made effective August 25, 2015 shall remain in full force andeffect.

By executing below the parties represent and warrant that they have secured the .necessary authority to execute this Addendum to the Agreement for Performance ofServices by Independent Contractor and agree that the respective entities are to be boundas set forth herein and as obligated in the Agreement for Performance of Services byIndependent Contractor made effective August 25, 2015.

:~~/'YTara COryPrinted Name

Gary R. StrackPrinted Name

Mavor. City of CorninaTitle

ContractorTitle

9lJlc2Jo/Date '

q / (3 (JOf (¡

Date i I

ITEM NO. K-8AUTHORIZATION TO ACCEPTBOARD OF STATE &COMMUNITY CORRECTIONSGRANT MONIES

March 28, 2017

TO: HONORABLE MAYOR AND COUNCIÇ$..0. ERS

FROM: KRISTINA MILLER, CITY MANAGER /JEREMIAH J. FEARS, POLICE CHIEF

SUMMARY:

The State of California Department of Finance and the Board of State andCommunity Corrections (BSCC) budgeted $20 millon to be distributed amongCalifornia's municipal law enforcement agencies to increase positive outcomes withhigh-risk populations. The City of Red Bluff is the lead agency for Tehama County indistribution of these funds to our municipal law enforcement agencies (the City of RedBluff and the City of Corning). The total amount provided to Tehama County on a one-time basis is $31,793. Through a meeting with the Red Bluff Department, it was agreedthat the City of Corning wil receive $12,717.

BACKGROUND:

Using strict guidelines, each municipal law enforcement agency must determinehow these funds are to be utilzed. The funds are intended to be utilzed in one or moreof seven categories. These categories are:

~ Homeless Outreach Teams~ Crisis Intervention Training~ Gang Resistance Education and Training (GREAT)~ Resources for drug endangered children~ Outreach to high-risk youth~ Youth diversion programs

~ Gang and violence prevention programs

Each of the above categories are intended to increase positive outcomes

between municipal law enforcement agencies and high-risk populations. The CorningPolice Department intends to utilze these funds by having our Staff attend CrisisIntervention Training and establishing Homeless Outreach Teams.

RECOMMENDATION:

MAYOR AND COUNCIL AUTHORIZE THE POLICE DEPARTMENT TOACCEPT STATE OF CALIFORNIA DEPARTMENT OF FINANCE AND BOARD OFSTATE AND COMMUNITY CORRECTIONS (BSCC) GRANT FUNDS AND UTILIZETHESE FUNDS FOR THE PURPOSES STATED ABOVE.

ITEM NO.: J-9

AUTHORIZE PAYMENT TO NORTHSTATE ELECTRIC & PUMP FOREMERGENCY REPAIR WORK ATTHE WWTP IN THE AMOUNT OF$13,620.62

March 28, 2017

TO: HONORABLE MAYOR AND COUNC~L ERS

KRISTINA MILLER, CITY MANAGE ~DAWN GRINE, PUBLIC WORKS DIR ~

SUMMARY:

FROM:

Friday, February 10, 2017, Severn Trent Plant Manager Mitch Ampi contacted PublicWorks Director Dawn Grine to report a malfunctioning influent screw pump. Mitch soliciteoemergency evaluation and repair services from North State Electric & Pump. A speedreducer gearbox ceased to function properly in one of the two pumps that lift wastewater to ahigher tower pushing the waste through the plant. Under normal conditions these two pumpsoperate alternately. During high peak flows, the pumps wil operate simultaneously. Thiswinter season bringing so much rainfall, it is not recommended to operate the WWTP withoutboth pumps being fully operationaL.

In accordance with our City Municipal Code 3.12.080 (C) - Purchasing procedures forpurchases of supplies, equipment and services of a cost of $10,000 or more but less than$15,000 require three price quotes unless the City Council determines that the purchase fallswithin one of the specified exceptions.

This service event is recommended for exemption from seeking multiple quotes underMunicipal Code 3.12.082 (1) An emergency requires that the purchase (for services) bemade immediately. A copy of City Municipal Code 3.12.082 - Exceptions from purchasingprocedures is attached for Council review.

There is sufficient funding available in budget line number 610-6300-5200 -Professional Services/WP to expend the invoice amount of $13,620.62.

RECOMMENDATION:

That the Mayor and City Council:

1. Authorize payment to North State Electric & Pump in the amount of $13,620.62from Budget Line No. 610-6300-5200 and,

2. Accept the event as an exemption from City Municipal Code 3.12.080 -

Purchasing Procedures

3/24/2017 Corning, CA Code of Ordinances

3.12.082 - Exceptions from purchasing procedures.

A. The procedures set forth above may be dispensed with only when:

-- 1. An emergency requires that the purchase be made immediately;

2. The product or services being sought are of such a unique nature that they are reasonably available

from only a single source;

3. The services being sought are of a professional or other nature where factors other than price are

considered significant;

4. The product or services being sought have already been put out to bid by the state or another

public entity and the city may utilize the benefits of that process to obtain a competitive price;

5. The product being sought is a used or surplus product and it would be extremely difficult to seek

competitive bids for something which is similar in nature.

6. The City Council determines that the supplies or equipment being sought should not go out to

formal bid because the City's needs will be better met by soliciting prices from several different

vendors, negotiating prices from a single vendor or following other procedures designed to

expeditiously acquire what the City needs at a reasonable price. This exception to the formal

bidding requirement recognizes that the lowest price available is a very important consideration

but that it should not be the sole consideration when the City is also seeking the best quality

product which most closely meets the City's needs. When this exception is applied, it shall only be

done by the City Council and the final price, however it has been arrived at, shall only become a

binding commitment of the City when the City Council approves it and authorizes the purchase to

take place.

B. The purchasing officer shall not have authority to invoke any of the foregoing exceptions to purchasing

procedures when services rather than supplies and/or equipment are the subject of the purchase.

C. When the purchasing officer or the city council authorizes a purchase using one or more ofthe

foregoing exceptions from the regular purchasing procedures, the vendor to be used and the price to

be paid should be thoroughly researched and aggressively negotiated so that the product or services

being obtained are in the best interests of the city.

(Ord. 583 §1 k, 1999).

(Ord. No. 648, § 2, 11-22-2011)

httos://www.municode.com/li brarv/calcorni nq/codes/code of ordinances?nodeld= TIT3R EF i- C H 3.12PU SU EOSE 1/1

ITEM NO.: K-10APPROVE AGREEMENT WITHPASKENTA BAND OF NOMLAKIINDIANS FOR IMPLEMENTATION OFRESTORE PROGRAM

March 28, 2017

TO:

FROM:

HONORABLE MAYOR AND COUN~CLM. S

KRISTINA MILLER; CITY MANAGEJODY BURGESS, CITY ATTORNEY

BACKGROUND:

On September 13, 2013 the City of Corning was awarded a Bureau of Justice Assistance (BJA)grant through the Byrne Criminal Justice Innovation Program (BCJI). The City's grant, knownas the Everett Freeman Initiative, was designed as a two-step process; the planning phaseand the implementation phase.

A component of the implementation phase included the development and implementation of anAdolescent Diversion Program. An Agreement for Performance of Services by IndependentContractor was established and approved by Council between Tara Cory and the City, for thecoordination of the Adolescent Diversion Program with the services to be grant funded. Thiswas approved by the City on August 25, 2015. This Agreement included the right to extend theterms of the Agreement. On August 3, 2016 the City received approval to carry-over $379,025and extend our grant period to September 30,2017.

On September 13, 2016 the City Council extended the term of the Agreement between TaraCory and the City, for the coordination of the Adolescent Diversion Program from August 25,2016 to August 24,2017. The Agreement between Tara Cory and the City is being consideredfor assignment to Ric Schoon at the March 28, 2017 City Council meeting.

SUMMARY:

The United States Department of Education awarded the Paskenta Band of Nomlaki Indians(Tribe) grant funds to implement the Everett Freeman Promise Neighborhood Initiative. Thegrant funds amongst other items allow for the continued utilzation of the RESTORE juvenilediversion program as presently occurring for the period of March 1, 2017 through June 30,2018. $200,000 is available during the term of the grant to fund the Independent Contractor(Ric Schoon) to facilitate and run the program and operational costs of the program. Notapproving the agreement will result in the demise of the Restore Program as of August 24, 2017unless other funds can be identified.

RECOMMENDATION:

MAYOR AND CITY COUNCIL:

1. APPROVE THE INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITYOF CORNING AS CONTRACTOR AND THE PASKENTA BAND OF NOMLAKIINDIANS.

2. AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT, AS PRESENTED.

INDEPENDENT CONTRACTOR AGREEMENT

This INDEPENDENT CONTRACTOR AGREEMENT (hereinafter the "Agreement") is madeand entered into as of the fist day of March, 2017 by and between the Paskenta Band ofNomlak Indians (the "Tribe"), a federaly recogned Indian tribe, and City of Corning("Contractor").

WHEREAS, Contractor provides oversight of the RESTORE juvenie diversion program that isfunded though the Bureau of Justice Assistance Grant through the Byre Crimal JusticeInnovation Program;

WHEREAS, fundig for the contiuation of the RESTORE juvenie diversion program and itsancilary components is at risk of termation for lack of grant fundig.

WHEREAS, the United States Department of Education awarded PR/Award NumberU215B160003,16B to the Tribe for the Everett Freeman Promise Neighborhood Initiative (the"Grant Funds") and said Grant Funds could alow for the contiued utilation of the RESTOREjuvenie diversion program as presently occurrg though cooperation of the Cornig UniiedHigh School, the City of Corng, and the Independent Contractor hired to faciltate and run theprogram;

WHEREAS, the Tribe and certain organiations with which it collaborates provide variousservces to Tribe members and the surroundig community, includig education in TehamaCounty, Calornia, that depend on grant funds from federal and state agencies and foundations;

WHEREAS, the Tribe desires to engage and contract for the servces of Contractor to performcertain tasks as set forth herein and introduced above; and

WHEREAS, Contractor desires to enter into this Agreement and perform as an independentcontractor for and on behal of the Tribe and is wig to do so on the terms and conditions setforth herein.

NOW THEREFORE, in consideration of the promises, covenants, and the terms and conditionscontained herein, the parties hereby mutualy agree:

1. Engagement. The Tribe hereby engages Contractor as an independent contractor only, andContractor hereby accepts such engagement with the Tribe upon the terms and conditions setforth in this Agreement.

2. Relationship of Parties/Independent Contractor Status. Contractor shal provide servcesrelated to managing the Grant Funds, as more particularly described in Exbit A attached tothis Agreement (the "Scope of Work"), to and on behal of the Tribe hereunder as an

independent contractor, and nothig contained in this Agreement shal be constred to createthe relation of employer and employee between the Tribe and Contractor.

(a) Status as Independent Contractor. This Agreement does not constitute a hig byeither party. It is the parties' intention that Contractor shal have an independent contractorstatus and that neither Contractor nor any of its members, managers, employees, contractors oragents (any such person, "Contractor Personnel") shal be an employee of the Tribe for anypurposes, includig, but not lited to, the application of the Federal Insurance Contrbution

Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the InternalRevenue Code, and Calorna and tribal unemployment, workers' compensation, and wage andhour laws. Contractor represents and warrants that Contractor and each Contractor Personnelshal perform the servces set forth in the Scope of Work as an independent contractor for whomno federal or state income tax wi be withheld by the Tribe and that Contractor and alContractor Personnel wi be responsible for paying any income taxes, occupational taxes andother taxes, if any, to the appropriate governental entities in accordance with al provisions offederal and state law. Contractor hereby promises and agrees to indemn the Tribe for anydamages or expenses, includig taxes, penalties, costs, expenses and fees and attorneys' fees,incurred by the Tribe resultig from Contractor's failure to pay any such taxes.

(b) Withholding of Taxes. Contractor recognzes and understands that the Tribe shalnot be responsible for withholdig taxes with respect to compensation paid for servces

performed under ths Agreement. If the Tribe is at any time required to payor withhold anytaxes or make any other payment with respect to fees payable to Contractor under thisAgreement, Contractor authories the Tribe to make corresponding deductions from any sum

due to Contractor under this Agreement. At the Tribe's request, Contractor shal provide proofof required tax payments.

(c) Benefits. No Contractor Personnel shal be entitled to any of the benefits that may beprovided to the employees of the Tribe, includig without litation any group lie insurance,

hospitalation, retiement or pension benefits, sick leave, vacation leave, worker's

compensation or other benefits aforded to the Tribe's employees. Contractor acknowledges

that no Contractor Personnel shal have any claim against the Tribe hereunder or otherwse forvacation pay, sick leave, retirement benefits, social security, worker's compensation, health ordisabilty benefits, unemployment insurance benefits, or employee benefits of any kid. In theevent that any Contractor Personnel is subsequently reclassified as an employee, such

reclassification wi not be done on a retroactive basis to require the payment of such benefits.

(d) Equipment. Contractor shal be responsible for the ownership and management of alequipment, includig but not lited to vehicles and computer and telecommunications

equipment, necessary to perform his obligations under this Agreement.

(e) Location/Schedule. Neither Contractor nor any Contractor Personnel wi be requiredto follow or establish a regular or daily work schedule or work out of a particular location;provided, that Contractor (and/or Contractor Personnel) shal be available to meet regularlywith the Promise Neighborhood Director to discuss strategy and progress of the alocation ofGrant Funds.

(f) Contractor's Authority to Determie Manner and Means of the Carryng out theWork. Withi the Scope of Work, as defined herein, Contractor shal retain discretion in themanner and means of carrg out the Contractor's activities and responsibilties under thisAgreement; provided, that Contractor and al Contractor Personnel shal adhere to instructionsfrom the Tribe regardig final decisions for how to alocate and expend the Grant Funds andshal not knowigly or recklessly enter into any bindig commtments or contracts regardighow to alocate and expend the Grant Funds on behal of the Tribe with any thid party withoutprior wrtten authoriation from the Tribe.

(g) limited Agency Relationship. The Tribe shal not be liable for any obligationsincurred by Contractor unless specificaly authoried in wrting. Contractor shal not act as an

agent of the Tribe, ostensibly or otherwse, nor bind the Tribe in any manner, nor represent thatit has authority to so act unless Contractor has first received authority in wrting from the Tribethat specificaly sets forth the terms of such authority and the scope of the action authoried tobe taken by Contractor on behal of the Tribe.

3. Term. The term of this Agreement shal commence on March i, 2017 and unless soonertermated in accordance with the terms of this Agreement, and shal end on June 30, 2018. Theterm may be extended upon the mutual wrtten agreement of the parties.

4. Scope of Engagement. Contractor and its personnel shal (i) use digent efforts andprofessional skis and judgment in the continued performance of the RESTORE juveniediversion program through cooperation of the Corng Unifed School Distrct (pursuant to its

MEMORANDUM OF UNDERSTANDING with the City of Corng approved January 27,2015), and through implementation of the program by the City of Corng's IndependentContractor as governed by the AGREEMENT FOR PERFORMNCE OF SERVICES BYINDEPENDENT CONTRACTOR made effective August 25, 2015 and its ADDENDUM TO THEAGREEMENT FOR PERFORMNCE OF SERVICES BY INDEPENDENT CONTRACTOR made effectiveAugust 25, 2016; (n) to perform al servces in accordance with any applicable specifications

provided herein and by the Tribe (See Exhbit "A"), and (il) perform al servces in accordancewith recognized standards of the applicable industr and profession and consistent with past

practice. Servces under this Agreement wi be provided by Contractor personneL. Subject to

the confidentialty provisions set forth in Section 8 hereof and applicable law, the Contractor is

expressly free to perform servces for other persons and entities whie performg servces inaccordance with this Agreement.

5. Compensation. The parties agree that the Contractor wi be compensated for servcesperformed pursuant to this Agreement as set forth in Exhbit "A", and payable with approval ofthe Promise Neighborhood Project Director. Contractor is solely responsible for any travel orother costs or exenses incurred by Contractor or any Contractor Personnel in connection withthe performance of the servces pursuant to this Agreement. The exception would be federalymandated meetings outside of the State of Calornia.

6. T errnnation. Notwthstandig any other provision of this Agreement, this Agreement may be

termated: (a) by the mutual agreement of both parties; (b) by either party if one party commtsa material breach of any of the terms or provisions of this Agreement and does not cure suchbreach withi ten (10) days after receipt of written notice given by the other party; or (c) byeither party with 60 days prior wrtten notice.

Upon expiration or termation of this Agreement for any reason, or at any other time upon theTribe's wrtten request, Contractor shal WITHIN 30 days after such expiration or termation:

(a) Deliver to the Tribe al Deliverables (as set forth in the Scope of Work, whether

complete or incomplete);

(b) Deliver to the Tribe al tangible documents and materials (and any copies)

containing, reflecting, incorporating, or based on the Confidential Material;

(c) Permanently erase al of the Confdential Material from Contractor's computeror other device systems; and

(d) Certif in writig to the Tribe that you have complied with the requirements of

this clause.

7. Contractor's Compliance with Law. Contractor represents that it and all ContractorPersonnel wi perform such servces in conformance with al tribal, state and federal laws,rules, regulations and codes of ethics of any kid that may be required to applicable to theScope of Work. Contractor shal comply with all regulations and requirements applicable tothe Grant Funds and shal maintain complete records evidencing such compliance. The

Contractor shal promptly provide the Tribe copies of such records as requested by the Tribe.Notwthstandig the foregoing, or anythig to the contrary contaied herein: (a) theContractor agrees to comply with al applicable standards, orders or regulations issuedpursuant to the Clean Ai Act (42 U.se. 74oi~7671q) and the Federal Water Pollution Control

Act as amended (33 U.S.e. 1251~1387). Violations must be reported to the Department of

Education and the Regional Offce of the Envionmental Protection Agency. (b) The Contractorcertiies that it is not listed on the government~wide exclusions in the System for AwardManagement ("SAM") in accordance with the OMB guideles at 2 CFR 180 that implement

Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.235), "Debarment and Suspension." The Contractor shal promptly notif the Tribe if it

becomes listed in SAM and shal imediately forfeit al rights hereunder. (c) The Contractorcertifies that it wi not and has not used Federal appropriated funds to pay any person ororganiation for inuencing or attempting to inuence an offcer or employee of any agency, a

member of Congress, offcer or employee of Congress, or an employee of a member of Congressin connection with obtaing any Federal contract, grant or any other award covered by 31U.S.e. 1352. The Contractor certifies that it has disclosed and wi disclose any lobbyig withnon~ Federal funds that takes place in connection with obtaing any Federal award. (d) TheContractor shal comply with section 6002 of the Solid Waste Disposal Act, as amended by theResource Conservation and Recovery Act. The requirements of Section 6002 include procurig

only items designated in guidelies of the Envionmental Protection Agency at 40 CFR part247 that contain the highest percentage of recovered materials practicable, consistent withmaintaig a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired durig the precedig fiscal year exceeded $10,000;procuring solid waste management servces in a manner that maxes energy and resourcerecovery; and establishing an afirmative procurement program for procurement of recoveredmaterials identifed in the Envionmental Protection Agency guidelies. (e) The Contractoracknowledges that the Grant Funds have been awarded pursuant to Catalog of FederalDomestic Assistance Fund for the Improvement of Education Number 84.215 ("CFDA 84.215").The Contractor shal abide by al requirements of CFDA 84.215, includig but not lited to

reportig, audit and recordkeeping requirements. The Contractor shal provide reports,

undergo audit(s) and maintain records as required under CFDA 84.215 in the forms andformats specified therein.

8. Proprietar Information.

(a) Contractor hereby acknowledges that the Tribe has made, or may make, available toContractor certai confdential financial inormation, membership inormation, and otherconfidential and/or proprietary inormation of, or licensed to, the Tribe (the "ConfdentialMaterial'). Contractor and al Contractor Personnel shal treat as confidential and proprietaryany Confidential Information belongig to the Tribe or any thid party that is disclosed to theContractor or any Contractor Personnel, or that the Contractor or any Contractor Personnel

otherwse becomes aware of, in the course of Contractor's servces under this Agreement. TheConfidential Material is the exclusive property of the Tribe. Contractor shal not, without the

prior wrtten consent of the Tribe, disclose or reveal any of said Confidential Material to anythid party or use such inormation for any purposes other than to provide the servces required

under this Agreement. Contractor further agrees to comply with al reasonable rules establishedfrom time to tie by the Tribe for the protection of the confidentialty of the Confidential

Material. Notwthstanding the foregoing, Contractor may disclose Confidential Material to theextent so required by law or order of court or governent agency; provided, that Contractoruses best efforts to give reasonable prior notice of any such disclosure to the Tribe.

(b) Contractor further agrees that al intellectual property developed by Contractor or anyContractor Personnel whie accomplishig the Scope of Work (a "Development") shal be

considered a work~for~hire under applicable law and shal be the sole and exclusive property ofthe Tribe, and in the event that any Development does not qual for treatment as work~for~hieunder applicable law, Contractor hereby assigns to the Tribe al rights, title, and interest in andto such Development and agrees to execute any document necessary to effect such assignent.

(c) Contractor also agrees that, imediately upon request from the Tribe, Contractor shalreturn to the Tribe al Confidential Material or proprietary property or documents obtained byContractor in the performance of servces under this Agreement.

IN WITNESS WHEREOF, the Tribe and Contractor have caused this Independent ContractorAgreement to be executed by their duly authorized representatives as of the date first wrttenabove.

Date:

PASKENTA TRIBE OF NOMLAKI INDIANS

By:

(Name and Title)

Date:

CITY OF CORNING

By:Douglas HatleY,Jr., Mayor

APPROVED AS TO FORM:

JodyBurges,CITY ATIORNEY

EXHIBIT ASCOPE OF WORK

1. Servces:

The City of Cornig wi use Promise Neighborhood funds to extend the current RESTORE

adolescent program to target an average of 25 juvenie offenders (l2~18) each calendar year.

Servces include:A. Coordinating the Michigan State's 18~week Adolescent Diversion program (ADP);B. Ung youth to mental health treatment and substance abuse treatment servces as

needed;C. Recruiting, securig, and traing community and university advocates to work as part of

the ADP program;D. Collecting appropriate data consent forms;

E. Maintaining and submittig program servce records to the Promise Neighborhood staf

2. Deliverables:

The followig is the deliverable and timeframe to be produced by the City of Corng:A: Quarterly reports which include at mium: (i) a runnig total of the number of youth

served in each program activity (ADP, mental health, and treatment servces) durig the

quarter and over the length of the contract; (ii) number of adult mentors recruited,approved, trained, and servg youth durig the quarter and over the lengt of the

contract; (il) number of adult member~youth contacts during the quarter and over thelength of the contract; (iv) number of youth completing the program durig the quarterand over the length of the contract; (v) recidivism rate during the quarter and over thelength of the contract; and (vi) a summary of program chalenges and successes.

3. Payment Schedule:

Contractor wi invoice for Servces related to the contracted position as the governentorganization overseeing the RESTORE program. Contractor wi bil $9,090 monthly forservces provided as detailed above. The invoice wi include an accounting of tie spent on

Servces. The total amount of this contract wi not exceed $200,000 for the period March I,

2017 through December 31, 2018. The parties intend that $140,000 of the funds wi go to

Salaries, and the remaing $60,000 wi be utiled at the Contractor's discretion on thecondition that such funds are diectly and actualy related to the RESTORE program.

ITEM No.:K - i lAPPROVE COMPENSATION PLANFOR THE UNREPRESENTEDPOSITIONS OF CITY MANAGER ANDADMINISTRATIVE ASSISTANT TOTHE CITY MANAGER

March 28, 2017

TO: HONORABLE MAYOR AND COUNC~L EMBERS

FROM: KRISTINA MILLER, CITY MANAGELISA M. LINNET, CITY MANAGER'S A MIN. ASSIST. LßV

SUMMARY:

The City Manager (appointed by the City Council) and the Administrative "Confidential"Assistant (appointed by the City Manager), are not represented by an Employee Association orthe Union. City Council's past practice has been to set the City Manager and the AdministrativeAssistant's salary after reaching agreement with the Corning Management Association.

BACKGROUND:

The City of Corning reached agreement with the Corning Management Association onFebruary 24, 2017 and the Management Association's Memorandum of Understanding (MOU)was presented and ratified by the City Council on March 14, 2017. Listed below are the keyelements that were presented in the Management Association MOU:

1. Term: 3-Year Agreement (January 1, 2017 through December 31,2019).

2. Wage Increases:a. Miscellaneous Members of the Management Unit wil receive a 3.5% and

Safety Members of the Management Unit wil receive a 5.5% increase inwages effective the start of the first pay period following ratification of theMOU.

b. The City agrees to utilze IRS Code 414(h)2 making these payments with pre-

taxed dollars.c. A 1.5% wage increase to base wages effective the first pay period in July

2017;d. A 1.5% wage increase to base wages effective the first pay period in July

2018; ande. A 1.5% wage increase to base wages effective the first pay period in July

2019.3. Beginning the 1st pay period following approval of the MOU, the City wil match

up to $60 monthly of employee's 457 Deferred Compo Plan contribution (Citymatch is only available for 1 Deferred Compensation Plan should employees beenrolled in multiple Plans).

4. Increase in Administrative Leave to 100 hours per year following approval of

MOU.

5. Effective the start of the 1st pay period in 2017 following approval of the MOU,"Bereavement Leave" related to a death in the immediate family wil not becharged to Sick Leave. Leave cannot exceed 4 days.

6. Holidays & Holiday Pay: The City adds the Martin Luther 'King, Jr. birthday as apaid holiday effective January 15, 2018.

7. Effective 1st pay period in 2017 following ratification of the MOU:Miscellaneous Emplovees in Manaaement Unit aaree:

a. To pick up an additional 3~% of the employee share of the CalPERSpension payment for a total of 7% of retirement costs effective the start .ofthe first pay period in 2017 following City Council ratification of the MOU.

b. The City further agrees to utilze IRS Code 414(h)2, making thesepayments with pre-taxed dollars.

Safety Employees in Manaaement Unit aaree:a. To pick up an additional 5~% of employee share of the CalPERS pension

payment for a total of 9% of retirement costs effective the start of the firstpay period in 2017 following City Council ratification of the Memorandum ofUnderstanding (MOU).

b. The City further agrees to utilze IRS Code 414(h)2, making thesepayments with pre-taxed dollars.

8. Effective the start of the 15t pay period following City Council ratification ofMOU the Police and Fire Chiefs are allowed to take home their City vehicle ifthey live within a 15 mile radius of City Hall.

9. Longevity Pay: 3% at 10 years and 6% at 15 years effective the 15t pay periodafter anniversary date (6% not to be compounded with the 3%).

FINANCIAL

Under the terms of this Agreement, the total increased cost the City would incur forthese employees wil be approximately:

1. Wages: A net increase of $0 for the 3.5% as the City is currently paying thiscontribution to CalPERS for the City Managers Administrative Assistant and theCity Manager is in Tier ii and currently paying the full 7% employee share. The1.5% increase wil cost approximately $2,300 in FY 2017/2018; $4,600 in FY

2018/2019, and $ 6,900 in FY 2019/2020 based on current step levels.2. 457 Deferred Compensation: $240.00

RECOMMENDATION:

MAYOR AND COUNCIL CONFIRM THE COMPENSATION PLAN FOR THE CITYMANAGER AND ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER TO BE THESAME AS THE CORNING MANAGEMENT ASSOCIATION FOR THE PERIOD OF JANUARY1,2017 THROUGH DECEMBER 31, 2019.

ITEM NO.: k - i i-RATIFY MEMORANDUM OFUNDERSTANDING BETWEEN THECITY AND THE CORNING PUBLICSAFETY BARGAINING UNIT

March 28, 2017

TO: HONORABLE MAYOR AND COUN~CL M ..

FROM: KRISTINA MILLER, CITY MANAGELISA M. LINNET, CITY CLERK

SUMMARY:

The City of Corning has reached agreement with the employees of the Corning PublicSafety Bargaining Unit as reflected in the attached complete Agreement, known under CaliforniaLaw as a "Memorandum of Understanding" (MOU).

The proposed MOU is for a three year term beginning on January 1,2017 and ends onDecember 31, 2019.

MEMORANDUM OF UNDERSTANDING (MOU):

Below are the key elements of the proposed new MOU Agreement:

1. Term: 3-Year Agreement (January 1, 2017 through December 31,2019); and

2. Waae & Salarv: Following City Council ratification of the Memorandum ofUnderstanding (MOU):1. For all Public Safety Bargaining Unit members who are Tier I Members of the

CalPERS Retirement System, a 5%% increase in base wages effective the start ofthe first pay period in 2017 following City Council ratification of the MOU utilizing IRSCode 414(h )2, making these payments with pre-tax dollars;

2. A 3% increase to base wages effective the first pay period in January 2018; and3. A 2% increase to base wages effective the first pay period in January 2019.

3. 457 Deferred Compensation Plan: The City wil match up to $60 monthly ofemployee's contribution towards their 457 Deferred Compensation Plan (City match isonly available for 1 Deferred Compensation Plan should employees be enrolled in morethan one Plan) effective the first pay period in January 2017 following City Councilapproval of the Memorandum of Understanding (MOU).

4. Bereavement Leave: Effective the start of the first pay period in 2017 followingratification of the MOU, the City agrees to not charge Bereavement Leave to Sick Leavein the event of a death in the immediate family. Leave cannot exceed 4 days.

5. Holidav Pay: The City agrees to add an additional eight (8) hours of Holiday in LieuPay effective January 15, 2018.

6. Retirement - PERS EPMC pick-up: The City proposed and the Unit agreed to thefollowing changes:

a.) Tier 1: To pick up an additional five and one-half percent (5%%) of the

employee share of the CalPERS pension payment for a total of seven percent(9%) of retirement costs effective the start of the first pay period in 2017 followingCity Council ratification of the Memorandum of Understanding (MOU).

b.) The City further agrees to utilze IRS Code 414(h)2, making these payments withpre-taxed dollars.

9. Out of Class Pay: Effective the start of the first pay period in 2017 following City Councilratification of the MOU, an employee assigned the temporary duties of a superior positionby the City Manager and/or his/her designee shall receive premium pay of 5% abovehis/her present salary for the length of such service.

FINANCIAL:

Under the proposed Agreement the total increased cost the City will incur for this BargainingUnits wages wil be:

1. Wages: A net increase of $0 for the 5.5% as the City is currently paying thiscontribution to CaIPERS; the 3% increase wil cost $ 12,300 in FY 2017/2018, and

the combined 3% and 2% increase wil cost $ 32,593 in FY 2018/2019 and $40,750in FY 2019/2020.

2. 457 Deferred Compensation: Up to an additional $1,560 annually.3. Holiday in Lieu Pay: $ 3,550 annually.

RECOMMENDATION:

MAYOR AND COUNCIL RATIFY THE MEMORANDUM OF UNDERSTANDINGBETWEEN THE CITY OF CORNING AND THE CITY OF CORNING PUBLIC SAFETYBARGAINING UNIT FOR THE PERIOD ,OF JANUARY 1, 2017 THROUGHDECEMBER 31,2019.

MEMORANDUM OF UNDERSTANDING

Between

CITY OF CORNING

and

OPERATING ENGINEERS UNION LOCAL NO.3

of the

INTERNATIONALUNION OF OPERATING ENGINEERS

AFL-CIO

for

PUBLIC SAFETY EMPLOYEES

Effective:January 1, 2017 - December 31,2019

Agreement March 21, 2017Ratified by City Council March 28, 2017

City of Corningand the

Operating Engineers Local Union No.3 of theInternational Union of Operating Engineers AFL-CIO

for Public Safety Employees

Effective: January 1, 2017 - December 31,2019

This Memorandum of Understanding is made and entered into between the OperatingEngineers Local No.3 of the International Union of Operating Engineers, AFL-CIO, hereinafterreferred to as "Union", and the designated representatives of the CITY OF CORNING, hereinafterreferred to as the "City", pursuant to the provisions of the Meyers-Milias-Brown Act (GovernmentCode Section 3500, et seq.). This Memorandum of Understanding supersedes and replaces allprevious Memorandum of Understandings between the parties.

ARTICLE 1GENERAL PROVISIONS - DEFINITIONS

1.1 DEFINITIONS:

A. Emplover: The term "Employer", as used herein, shall refer to the City of Corning.

B. Union: The term "Union", as used herein, shall refer to the Operating Engineers LocalNo.3 of the International Union of Operating Engineers, AFL-CIO.

C. Emplovee: The term "Employee", as used herein, shall mean all Employees of thePeace Offcer Unit as established under the provisions of the Employer-Employee

Relation Policy of the City of Corning.

D. Emplovment Anniversary Date: The term "employment anniversary date", as usedherein, shall mean the anniversary date of the employee's employment with the City.

E. Step Anniversary Date: The term "step anniversary date", as used herein, shall meanthe date upon which an employee has finished serving the requisite amount of time inorder to be eligible for a salary step increase. A new time period for such requisiteservice shall commence upon the occurrence of any of the following events:Promotion, reclassification, implementation of a Memorandum of Understandingprovision or Side Letter of Understanding specifying a movement into a new step or anincrease in the rate paid for the step currently held by the employee.

ARTICLE 2RECOGNITION

2.1 The Employer hereby recognizes the Union as the only organization entitled to meet andconfer on matters within the scope of representation.

ARTICLE 3HIRING PROVISIONS

3.1 No Employee covered by this Memorandum of Understanding shall be discriminated against bythe Employer or by the Union by reason of race, color, religion, sex, age or national origin.

3.2 The Employer shall not discharge, or otherwise discriminate against any Employee by reasonof Union activities not interfering with the proper performance of his work.

ARTICLE 4CHECK OFF

4.1 The Employer agrees to deduct from the wages of its Employees' initiation fees and duesand transmit the moneys so deducted to the Financial Secretary of the Union. AnEmployee desiring to have such deduction or deductions made shall sign a properassignment form authorizing such deductions.

4.2 The Employer agrees to deduct from the wages of its Employees' Operating Engineers

Local Union No. 3 Credit Union deductions and to transmit the moneys so deducted to theCredit Union. An Employee desiring to have such a deduction or deductions made shallsign a proper assignment form authorizing such deductions.

4.3 Such deductions shall not be made more often than once per month.

ARTICLE 5MANAGEMENT RIGHTS

5.1 The Employer retains the exclusive right to manage the City. All the rights, powers,functions and authority of the Employer, which it had prior to the time the Union becamecertified as representative of the Employees of the Employer, and which are not limited ormodified by specific provisions of the Memorandum, are retained by the Employer. TheEmployer specifically retains the right to manage and supervise its Employees as follows:

1. To hire, promote, transfer, assign, classify positions, retain employees, and to suspend,demote, discharge or take other disciplinary action against Employees.

2. To lay-off or demote Employees from duties because of lack of work, lack of funds, inthe interest of economy, or other legitimate reasons.

3. To determine the policies, standards, procedures, methods, means and personnel bywhich City operations are to be conducted.

4. To take whatever actions may be necessary to carry out the mission of the City insituations of emergency.

5. To limit or prohibit the right of Employees in certain positions or classes of positionsfrom forming, joining, or participating in employee organizations as provided in theCalifornia Government Code, and designating such employees in the current schedLJleof Departments and Authorized Positions adopted by resolution.

6. Nothing in this policy shall be construed to interfere with the City's right to manage itsoperations in the most economical and efficient manner consistent with the bestinterests of all citizens, taxpayers, and employees in the City.

ARTICLE 6UNION RIGHTS

6.1 The Union recognizes its obligation to cooperate with the Employer to assure maximumservice of the highest quality and efficiency to the citizens of the City of Corning consistentwith its obligations to the Employees it represents.

6.2 Employer and Union affrm the principle that harmonious Employer-Employee relations areto be promoted and furthered. When a person is hired in any of the covered jobclassifications, the City shall notify that person that the Union is the certified representativefor the Employees and shall notify the Union of such hiring.

6.3 The Employer shall provide the Union space to erect a bulletin board in each area whereEmployees covered by this Memorandum are assigned.

6.4 Business Representatives of the Union shall have reasonable access to Employees,

provided such access does not interfere with City business. Department Heads and First-Line Supervisors will be notified by the Employer of the provisions of this Section.Solicitation for membership shall not be conducted during working time.

6.5 Business representatives of the Union shall have access to any Employee or Employees

presenting a grievance; and Employees have the right to have the Union BusinessRepresentative represent him/her at all stages of disciplinary action.

6.6 The Union may select one (1) Employee as Union Steward.

6.7 In addition to his regularly assigned work, the Union Steward shall be permitted reasonable

time during working hours to notify the Business Representative of any violations of thisMemorandum. Employees are authorized to contact their Union Steward during workinghours to report a grievance or violation of this Memorandum.

ARTICLE 7PEACEFUL PERFORMANCE

7.1 The parties to this Memorandum of Understanding recognize and acknowledge that the

services performed by the City Employees covered by this Memorandum are essential tothe public health, safety and general welfare of the residents of the City of Corning. TheUnion agrees that under no circumstances wil the Union recommend, encourage, cause orpermit its members to initiate, participate in, nor wil any member of the bargaining unit takepart in, any strike, sit-down, stay-in, sick-out, slow-down or picketing (hereinafter collectivelyreferred to as work stoppage), in any offce or department of the City, nor to curtail anywork or restrict any production, or interfere with any operation of the City. In the event ofany such work stoppage by any member of the bargaining unit, the City shall not berequired to negotiate on the merits of any dispute, which may have given rise to such workstoppage until said work stoppage has ceased.

7.2 In the event of any work stoppage during the term of this Memorandum of Understanding,whether by the Union or by any member of the bargaining unit, the Union, by its offcers,shall immediately declare in writing and publicize that such action is illegal andunauthorized, and further direct its members in writing to cease the said conduct andresume work. Copies of such written notice shall be served upon the City. If in the event ofany work stoppage the Union promptly and in good faith performs the obligations of thisparagraph, and providing the Union has not otherwise authorized, permitted or encouragedsuch work stoppage, the Union shall not be liable for any damages caused by the violationof this provision. However, the City shall have the right to discipline, including "discharge,any Employee who instigates, participates in, gives leadership to, any work stoppageactivity herein prohibited, and the City shall also have the right to seek full legal redressincluding damages, as against any such Employee.

ARTICLE 8PAYMENTS

8.1 This Memorandum is intended to cover all aspects of wages, hours, and working conditionsfor Employees covered herein, therefore, nothing in this Memorandum shall prevent theEmployer from modifying any fringe benefis or benefit plans not specifically provided for inthis Memorandum such as retirement plans, salary continuation plans, etc., subject to meetand confer.

8.2 If an Employee covered by this Memorandum is permanently assigned work of asubstantially new or different nature so as to constitute a new job classification, theEmployer and the Union shall determine the wage rate through the established procedures.

8.3 Effective 6/24/01 in accordance with the City's Standard Bi-weekly Pay Plan, the pay period

for all employees covered by this MOU will be bi-weekly. Initial bi-weekly payment to bemade 7/12/01 and every other week after that date in the same manner and time as allother City employees.

This transition will allow employees to receive a modified semi-monthly paycheck for workperformed in the portion of the last period of June 2001 (between 6/16/01 and 6/23/01) inthe same manner and time as previously scheduled.

The work period wil be the 80 hours bi-weekly allowed under the provisions of the FLSA7K exemption for Safety employees.

ARTICLE 9PREVAILING RIGHTS

9.1 This Memorandum of Understanding contains all of the covenants, stipulations andprovisions agreed upon by the parties. It is understood that all items relating to Employees'wages, hours, and other terms and conditions of employment not covered in thisMemorandum of Understanding shall remain the same, except as specifically mentioned inthis Memorandum; therefore, for the life of this Memorandum, neither party shall becompelled to bargain with the other concerning any mandatory bargaining issues, whetherspecifically bargained about prior to the execution of this Memorandum or which may havebeen omitted in the bargaining which led up to the execution of this Memorandum ofUnderstanding, except by mutual agreement of the parties or as specifically mentioned inthis Memorandum.

ARTICLE 10WAGES

10.1 (A) Wage Increase:a.) Wages: Article 10.1(A):

The City agrees to increase the base wages of all members of theBargaining Unit by five and one-half percent (5%%) effective the start of thefirst pay period in 2017 following City Council ratification of theMemorandum of Understanding (MOU). The City further agrees to utilizeIRS Code 414(h)2, making these payments with pre-taxed dollars.

b.) A three (3%) percent increase to base wages for all members of theBargaining Unit effective the first pay period in January 2018; and

c.) A two (2%) percent increase to base wages for all members of theBargaining Unit effective the first pay period in January 2019.

(B) For the period of this agreement, Employees will be eligible for merit step increasesin accordance with section 10.2.

10.2 Employees may advance to the next step in the pay schedule upon satisfactory completionof the required time in the lower step. The time required to advance from step A to B, andB to C is currently six (6) months. For employees hired after July 1, 2005, the time requiredbetween step A and B shall remain six (6) months. For employees hired after July 1, 2005advancement from step B to C, C to 0 and 0 to E shall be twelve (12) months betweeneach step.

10.3 Employees transferring into the unit from other public agencies or from other departmentswithin the City shall be placed on whatever salary step the City determines is appropriatebased on their qualifications. However, an Employee receiving a promotion within thedepartment shall not be placed in a step requiring a lower salary than was earned in theprevious position.

10.4 Longevity Pay: Employees will be eligible for longevity performance incentive pay underthe following conditions:

A. Annual satisfactory performance evaluations wil be required to receive and maintainannual pay increase.

B. A performance evaluation will be made 30-days before the employee's anniversarydate.

C. Qualifying employees will receive a longevity performance incentive pay increase to beadded to their base rate as follows:

1. 3% after 10 years, effective the first pay period after anniversary date.

2. 6% after 15 years, effective the first pay penod after anniversary date, (notcompounded with the 3%).

D. In the event the employee is denied a longevity performance incentive pay increase,

the employee may request the City Manager for review and to make finaldetermination. The matter may not be filed under any other grievance procedure.

E. The plan wil be implemented for all eligible employees effective the pay period closestto the date the City Council ratifies the Memorandum of Understanding (MOU). Theinitial performance increase will be effective the first pay period following a satisfactoryperformance evaluation. The initial evaluation is to be made as soon asadministratively feasible following the adoption of the MOU. Such increase will remainin effect to the employee's next anniversary date prior to which time a reevaluation isrequired.

ARTICLE 11HEALTH AND WELFARE INSURANCE

11.1 The City offers a choice of four (4) Health and Safety Insurance Policies: (1) OperatingEngineers Public Employees' Health and Welfare Plan; and (3) different tier Blue ShieldHealth Savings Account Plans. All Employees and their eligible dependents mayparticipate in the Plans, with the City contributing to the cost of such plans up to $1,284.91per month towards the rate. The employee shall pay any remaining costs of insurance.

Future increases shall be divided equally between the City and the employee.

11.2 The City shall pay the fee for Employees who are not members of the Operating EngineersLocal Union NO.3 in order to participate in the Union's Health and Welfare Plan.

11.3 The City shall provide life insurance in the amount of one hundred thousand dollars($100,000) effective the first pay period in 2016 following City Council approval of theMemorandum of Understanding (MOU) and will continue to pay the life and disabilityinsurance premiums.

11.4 The City shall have the option of replacing the Operating Engineers Public EmployeesHealth and Welfare Plan with a plan of the City's choosing. If the City exercises this option,the City shall maintain coverage that is comparable and substantially equivalent to thatprovided currently under the present plan.

11.5 A Health Plan Review Committee consisting of one employee from each bargaining unit willbe established and coordinated by the City Manager to review alternate health plans. Anon-binding Committee Report wil be made to the City and the Union. The committee willstudy both the health plan and the short-term disability and "cafeteria" plans. Upon receiptof the committee's report, the City or the Union, upon the request of either, will meet andconfer on the recommendations of the committee.

ARTICLE 12WORKDAY AND WORKWEEK

12.1 The regular workday shall be eight (8) hours, inclusive of mealtime. The regular workweekshall not exceed forty (40) hours per week on duty. Workweeks shall be scheduled by theEmployer to provide for five (5) consecutive days on duty and two (2) consecutive days offduty. All time worked in excess of the regular workday or workweek shall be consideredovertime.

12.2 The City may institute an optional work schedule to the (5-8) shift. If another shift isconsidered, it is the understanding that management retains the right to schedule in thebest interests of the department, and for the safety of the citizens of Corning.

ARTICLE 13OVERTIME

13.1 Overtime shall be compensated at the rate of time and one-half, which wil be paid in thesame manner as other wages, except CTO.

13.2 An Employee shall, upon termination of employment, be entitled to be paid all unpaidaccumulated overtime together with the Employee's normal wages.

13.3 All cash payments for overtime worked wil be made on the regular salary check in which itwas earned. The only exception is holiday pay. (See Article 19 regarding holidays.)

13.4 All overtime worked shall be first approved by the Chief or Shift Sergeant.

13.5 Compensatory Time in lieu of overtime (CTO): Currently members of the Bargaining Unitmay accrue up to a maximum of one hundred fift (150) hours annually upon the PoliceChiefs discretionary authority. Effective the pay-period beginning January 4, 2015,members of the Bargaining Unit may accrue up to a maximum of one hundred seventy five(175) hours annually upon the Police Chiefs discretionary authority. CTO time may becarried into the following year, but at no time can it exceed the one hundred fifty (150)hours. The Police Chief shall approve when employees can take time off, taking intoconsideration the desire of the employees and the operational needs of the department.The Police Chief and employees may mutually agree to payout any or all CTO time at anytime. All unused CTO shall be paid upon termination. All CTO in exæss of one hundredfifty (150) hours shall be paid.

ARTICLE 14SPECIAL TV PAY

14.1 Employees in the classification of Police Offcer shall receive in addition to regular pay a5% premium when assigned, in writing by the Police Chief, to serve and perform as a FieldTraining Offcer (FTO).

14.2 Out of Class Pay. An Employee who is temporarily assigned, in writing, the duties ofa supervising position shall receive premium pay of five percent (5%) above his/herpresent salary.

14.3 Officers assigned by the Chief of Police to the K-9 Unit shall receive one hundred fiftydollars ($150) per month for the incidental duties related to the assignment effective June24, 2001.

14.4 Officers certified and assigned by the Chief of Police as bi-Iingual shall receive a total of5% for the incidental duties related to the assignment effective the first pay period in 2016following City Council approval of the Memorandum of Understanding (MOU). The PoliceChief shall establish reasonable standards to qualifying Officers and for ongoing review ofskills.

14.5 Effective the first pay period in 2016 following City Council approval of the Memorandum ofUnderstanding (MOU), Officers certified and assigned by the Chief of Police as RangeMaster shall receive an additional 3% of a qualifying Offcer's base wages when activelyinstructing (Estimated at no more than 40 hours per year in total for all qualifying Officer's.)

ARTICLE 15STAND-BY COMPENSATION

15.1 When the Employer requires an Employee to remain available for call back at any time, theEmployee shall receive stand-by pay.

15.2When an Employee is required to stand by, he shall be compensated for such stand-by at therate of two (2) hours of straight time compensation by cash for each accumulated eight (8)hours of stand-by.

ARTICLE 16CALL-BACK COMPENSATION

16.1 When the City requires an employee to return to work other than his regularly scheduledworkday, or for hours that are not contiguous to the beginning or end of an employee'snormal shift, the employee shall be entitled to call-back compensation.

16.2The City shall compensate the employee a minimum of two (2) hours of overtimecompensation irrespective of the actual time worked when an employee is called back towork. In the event the task exæeds two (2) hours duration, the total overtimecompensation shall be for the hours actually worked.

ARTICLE 17SICK LEAVE

17.1 Sick leave is available to an employee to use in case of ilness, bodily injury, exposure to acontagious disease, medical or dental appointment or attendance upon seriously ilmember of employee's immediate family, as defined by these rules. An employee maytake paid sick leave after the first month of employment. Every effort by the employee shallbe made to schedule appointments during non-working hours.

17.2 Sick leave with pay shall be granted to all employees. Sick leave shall be earned at therate of eight (8) hours per calendar month of service, not to exceed a total maximumaccumulation of one thousand four hundred forty (1440) hours. No sick leave shall beearned once the maximum accrual is reached.

17.3 The City agrees to pay fift percent (50%) of Employee's unused accumulated sick leave

upon retirement or death effective the start of the first pay period in 2016 occurring after theCity Council approves the Memorandum of Understanding (MOU). Upon reduction inforce, the City shall pay twenty-five (25%) of Employee's unused accumulated sick leave.

17.4 Employees who have less than thirty-six (36) days of sick leave accumulated may, in lieu oftaking vacation, bank said vacation time under sick leave.

17.5 Family Leave shall be administered in accordance with applicable State and Federal law.

17.6.1 Bereavement Leave - Effective the start of the first pay period in 2017 followingCity Council ratification of the Memorandum of Understanding (MOU), the Cityagrees to not charge Bereavement Leave tõ Sick Leave. In the event of a death in theimmediate family, the Employee may take off up to four (4) days. The immediate familyshall be defined as husband, wife, child, step child, mother, father, brother, sister,grandparents, and grandchildren. Such leave shall be charged to sick leave.

17.7When an employee is off work as a result of a valid on-the-job injury sustained in the service ofthe City, the employee is entitled to use their accrued Sick Leave during the period ofdisability to make up the difference between their regular pay and the WorkersCompensation Temporary Disability Payments. The City shall pay only that amountnecessary to make up the difference between the employee's monthly rate and the amountpayable to the employee as temporary disability payments from the Worker'sCompensation Insurance Plan of the City. To take advantage of this benefit, the employeemust forward their Temporary check to the City.

17.8The City may require verification of the necessity for sick leave. Such verification may be inthe form of a written statement from a doctor or a personal affdavit from the Employee.The City reserves the right to specify which of the two veriication procedures will berequired in any particular situation. If the City requires verification from a physician, the Cityshall pay for the cost of such verification to the extent such cost is not reimbursed by theEmployee's health insurance.

17.9If the City determines that an Employee has abused the provisions of the sick leave policy, theEmployee shall be subject to disciplinary action.

17.10 Sick Leave Conversion Upon Retirement: In lieu of a cash out of sick leave, an employee,upon retirement under PERS, may choose as an option, to convert a percentage of thedollar value of the sick leave at the employee's current hourly base rate of pay as of thedate of retirement, to pay the pre-paid health insurance premium up for a period of time upto age 65 according to the following conversion plan:

Employee's year of Percentage value of employee'sService with City accrued Sick LeaveThrough 15 years 50 %16 through 19 years 70 %20 or more years 80 %

The following is the procedure to account for the percentage value of converted sick leave:

(A) At the written request of the retiring employee, the City Staff wil compute the dollarvalue of the accrued sick leave according to the percentages shown above, andmaintain an accounting in the employee's name, deducting the amount of monthly Cityhealth insurance premium for the "balance".

(B) The value of sick leave does not accrue in a cash fund for each employee, therefore noactual funds are held in trust. The City simply agrees to pay the retiree's premium for aperiod of time until the balance value of the conversion is depleted.

(C) Should a retired employee want to stop their insurance premium payments under thisSection, the employee must notify the City Manager in writing, giving the date paymentsshould end, and City Staff will do an accounting of the actual dollar amount paid out.Should this amount still be less than the fifty percent (50%) value provided for in thesick leave payoff provisions of this MOU, Section 17.3 the balance wil be paid to theemployee.

(D) Should a retired employee die prior to fully using this benefit, any dependents coveredunder the health insurance may, if permitted to, continue insurance coverage by theinsurance carrier and receive the continuation of this benefit until fully expended. Thebenefi shall have no cash value to the employee's estate nor can the City accept anyclaim for payoff by heirs.

(E) Employees' not choosing to remain in the City's offered health plan may use thebenefis set out in these sections, to be applied to the cost of a private health plan. Theretired employee will be reimbursed on a quarter year basis, such amounts as providedin these sections, upon submission of a written claim and proof of a paid premium bythe retired employee. The form, manner of claim, and proof will be as prescribed by theCity.

ARTICLE 18UNIFORM ALLOWANCE

18.1 Effective January 1, 2009 the City agrees to pay all members of the Public SafetyEmployees Bargaining Unit covered by this Memorandum of Understanding, a uniformallowance, also to include Body Armor Shell, of nine hundred dollars ($900) per year,payable on the Employee's employment anniversary date. Notwithstanding the foregoing,the City reserves the option to implement a system by which the City wil purchase andmaintain the uniforms required of Employees at City's expense in lieu of providing theaforementioned uniform allowance.

18.2 The Employer agrees to replace, at no cost to the Employee, any item of uniform clothingdamaged in the line of duty.

ARTICLE 19HOLIDAYS & HOLIDAY PAY

19.1 Members of the bargaining unit shall receive "Holiday in Lieu". The amount shallannually be equal to one hundred sixteen (116) hours pay effective January 15, 2018.

19.2 Employees hired into full time positions during each calendar year shall have their Holidayin Lieu pay prorated based on the number of full months worked in relationship to twelve(12) months. This section applies only to initial hires by the City, not employees whopromote during the year.

19.3 Annual payment is to be made on the last pay period in November.

ARTICLE 20457 DEFERRED COMPENSATION PLAN

Effective the first pay period in 2017 following City Council ratification of theMemorandum of Understanding, the City wil match employee's contributions to their 457Deferred Compensation Plan up to $60 per month. The City match is only available for one(1) Deferred Compensation Plan even if employees are enrolled in more than one (1) Plan.Employees must commit to maintain their 457 contribution for one full year.

ARTICLE 21EDUCATIONAL INCENTIVE PAY

21.1 The Employer agrees to provide Incentive Pay for all Peace Offcers at the following rates:

A. All Employees to receive, monthly, two and one-half percent (2 1/2%) above basemonthly pay for possession of a POST Intermediate Certificate or an Associate of ArtsDegree.

B. All Employees to receive, monthly, five percent (5%) above base monthly pay forpossession of a POST Advanced Certificate or a Bachelor's Degree.

ARTICLE 22VACATION TIME

22.1 Employees shall earn vacation according to the following:

A. Employees shall earn vacation with pay at the rate of one hundred twenty (120) hoursper year after one (1) year and during the first seven (7) years of City employment.

B. Employees shall earn vacation with pay at the rate of one hundred sixty (160) hours peryear after completion ?f seven (7) years of City employment.

C. Effective January 1, 2009, employees shall earn vacation with pay at the rate of twohundred (200) hours per year after fifteen (15) years of City employment.

D. The maximum number of vacation hours employees may carry over or have in avacation account at the start of each new calendar year is one hundred fifty (150)hours.

E. Employees who have more than one hundred fifty (150) hours in their vacation accountwill have the excess vacation time paid off at the close of each calendar year.

22.2 The Employee shall have the option of converting up to fifty percent (50%) of unpaidaccumulated vacation to cash payment in lieu of taking vacation. The Employee mayexercise this payoff option only one (1) time per fiscal year with five (5) working days noticeto payroll.

ARTICLE 23SAFETY

23.1 The Employer agrees to furnish, at no cost to the Employee, all items of safety equipmentincluding, but not limited to: weapon, holster, belt with ammo pouches, cuffs, nightstick andrain gear with waterproof boots, plus reflectorized traffc vests and traffic batons for eachpatrol car.

23.2 Body Armor: The City shall periodically choose a manufacturer and brand of body armorthat meets the "Threat Level III-A" Standard published from time to time by the NationalInstitute of Justice. Each employee represented by the Bargaining Unit will be provided"Threat Level III-A" body armor upon employment. Such body armor shall be replacedevery four (4) years. Initial and replacement armor will include both the armor and theshell. The employee is responsible for the periodic replacement of the shell as part of theannual Uniform Allowance, as explained in Article 18. The Employee may select a higherpriced unit (meeting this standard) by paying the difference. The body armor will berequired to be worn at all times when the Offcer is on duty.

23.3 Vehicles: The City Police Chief wil consult with a representative of the Unit and considerUnit input when developing a maintenance inspection program for patrol cars. The

program wil include routine "certified" vehicle inspections at specifc mileage and followingan accident or high-speed chase involving the vehicle.

23.4 Manning: The Police Chief wil consult with a representative of the Unit and consider Unitinput when developing a plan for the scheduling and deployment of available staff to bestmeet the needs of the Department and the City population.

23.5 Ammunition: City wil provide all duty ammunition and range qualification and ammunitionfor all City duty issued weapons.

23.6 A Physical Fitness Plan Committee, consisting of one employee from the bargaining unitand the Police Chief, wil be established and coordinated by the City Manager to reviewphysical fitness plans.

23.7 Employees who qualify under the physical fitness incentive plan shall receive a total of fivepercent (5%) pay increase.

ARTICLE 24LAY-OFF POLICY

24.1 The City may lay-off Employees whenever it becomes necessary because of lack of workor funds, or whenever it is deemed advisable in the interests of the economy to reduce theforce in a department or office.

24.2 Persons shall be laid off in the following order:

1. All extra help, temporary and provisional Employees in the same department and withinthe same job classification shall be laid off before any regular Employee is laid off.

2. When it becomes necessary to reduce the force in any department or office by lay-off ofregular Employees, seniority shall be the determining factor. In the case whereseniority is equal, ability shall govern.

The determination of ability shall be the exclusive responsibility of the department head,provided that in making such determination, consideration shall be given to skill, efficiency,knowledge, physical finess, training and attitude toward fellow Employees.

24.3 Seniority shall be measured from the Employee's initial appointment to City service, butshall not include any period during which such Employee was on leave without pay, or notactually in City employment because of the Employee's voluntary termination, lay-off orother cause; provided that, for any Employee who is reemployed after being discharged,seniority shall be measured from the date of the Employee's most recent appointment.

24.4 The City shall send written notice by certified mail, postage prepaid, return receiptrequested, and correctly addressed to the last known mailing address of the Employee asfound in the Employee's personnel fie. In lieu of the above, the City may serve notice bypersonal service. Notice of lay-off shall be made at least (30) thirty-days prior to theeffective date of the action.

24.5 In lieu of being laid off, a regular Employee may elect demotion and displacement in thesame department to a classification previously held by said Employee with substantially thesame or lower salary step and/or to a classification in which said Employee meets theminimum qualifications. Demotion and displacement rights to specified classifications shallbe applicable only within the departent and subject to layoff list provisions in this Sectionbased on seniority and ability. Employees wishing demotion and displacement in lieu oflayoff must notify the City Manager in writing of this election no later than seven (7)calendar days after receiving notice of layoff.

ARTICLE 25PROBATION PERIOD AND EVALUATION

25.1 All Employee evaluations should be made by the Employee's immediate Supervisor or the

Employee's Departent Head when possible. In the event the immediate Supervisor orDepartment Head is unable to complete the evaluation, the City Manager may completethe evaluation. The City reserves the right to conduct formal evaluation summaries everysix (6) months. Nothing contained herein should be construed to limit the right of the City tocontinually monitor and assess Employee performance and provide feedback to theEmployee regarding the Employee's performance.

25.2 All new, promoted and reclassified Employees are on probation for one (1) year. ThePolice Chief may extend a probation period for a worker, on a day for day basis, which hasbeen on a limited duty assignment or on leave, either compensated or non-compensated inexcess often (10) days.

25.3 Current City Employees accepting a promotion to a higher classification retain the right toreturn to their former classifications if the City determines they are unable to satisfy therequirements of the new classification.

ARTICLE 26RETIREMENT

26.1 For existing Tier 1 Public Safety Employees, the City provides retirement benefitsunder a contract with the California Public Employees Retirement System (PERS) asfollows:

The City wil implement the CalPERS "3% (Ç 50 Formula" safety retirement including the "singlehighest year" option to be effective no later than June 30, 2002. The City assumes responsibilityfor all costs associated with buying back past service as well as assuming all costs associated withmaintaining said monthly benefit.

The City confirms that all current PERS Tier 1 Safety Members are in the 3% at 50Retirement Formula and:

a) Bargaining unit members agree to pick up an additional five and one-halfpercent (5 1/2 %) of the employee share of the CalPERS pension payment for atotal of nine percent (9%) of retirement costs effective the start of the first payperiod in 2017 following City Council ratification of the Memorandum ofUnderstanding (MOU).

b) The City further agrees to utilize IRS Code 414(h)2, making these paymentswith pre-taxed dollars.

26.2 For PERS Safety Members the 3% (Ç 55 Formula with three (3) year average salary.

The City also adds the following change for new hires as soon as administratively feasible after theCity Council approves the Memorandum of Understanding (MOU). (City Council approved the2012 MOU on December 13, 2011.)

26.3 Tier 2 PERS Safety Members currently pay six and one half percent (6.5%) of theemployee's share of retirement cost which is 9% for Safety.

a) The City and City of Corning Public Safety Bargaining Unit Members agree to the

deferral of PERS EPMC pick up of an additional one and one half percent (1.5%) byPublic Safety Bargaining Unit members until the first pay period in July of 2016. Thetotal employee share of retirement pickup would then be 8% of the 9% employee'sshare of retirement costs.

26.4 The City agrees that the retirement tier changes in 26.3 and 26.4 will not affect employeeshired prior to January 1, 2012.

26.5 Employees hired on or after January 1, 2013, who are not eligible for reciprocity or are notcurrent CalPERS members without a break in service greater than six (6) months, shallparticipate in legislatively mandated CalPERS contributions and retirement benefit formulaplans established by AB340, the "Public Employees' Pension Reform Act of 2013". Thislegislation is administeredlinterpreted by the California Public Employees RetirementSystem (CaIPERS). New employee members shall have the following retirement benefitformula and contribution rate:

a. For PERS Safety Members 2. 7%~ 57, 3 year final compensation as defined by PERS

b. Member contribution rate is 11.5%.

c. The member contribution rate is expected to remain. unchanged until July 1, 2015

The current safety member contribution rate is 11.50%. CalPERS may change this rate followingactuarial review during the term of the MOU.

ARTICLE 27SAVINGS CLAUSE

27.1 If any Article, Section, subsection, paragraph, sentence, clause or phrase of this

Memorandum of Understanding shall, for any reason, be held to be invalid orunconstitutional, such invalidity or unconstitutionality shall not affect the validity or

constitutionality of the remaining portion of this Memorandum, it being expressly providedthat this Memorandum and each section, subsection, paragraph, sentence, clause, orphrase hereof would have been adopted irrespective of the fact that anyone or moresections, subsections, paragraphs, sentences, clauses or phrases shall be declared invalidor unconstitutionaL.

ARTICLE 28TERM OF AGREEMENT

28.1 This Memorandum of Understanding shall be effective January 1, 2017, upon adoption bythe City Council of the City of Corning and shall remain in effect until the 31st day ofDecember 2019.

28.2 Either part may, in writing, notify the other part within 120 days of the terminated date ofthis Memorandum of Understanding after start to negotiate a new Memorandum.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum ofUnderstanding this 28th day of March 2017.

CITY OF CORNING OPERATING ENGINEERS LOCALUNION NO.3 AFL-CIO

Kristina MilerCity Manager

Ar FrollChief Negotiator

Willam L. "Bil" MayChief Negotiator

Jeremy WhitePOA Representative

Matthew PortiloPOA Representative

1. proclamation: april 2017 as child abuse prevention ...f - i proclamation april 2017 child abuse...

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