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HR Marisa Nietogomez Probation ExtensionSIDELETTER AGREEMENT BETWEEN SRFA AND THE CITY OF SAN RAFAEL TO EXTEND THE PROBATIONARY PERIOD OF MARISA NIETOGOMEZ This Agreement is entered into as of August 9, 2019, by and between the CITY OF SAN RAFAEL ("City") and SAN RAFAEL FIREFIGHTERS' ASSOCIATION ("SRFA"), collectively ("the PARTIES"). The Agreement shall be effective when signed by the duly authorized representative of the City ("effective date"). WHEREAS, Marisa Nietogomez ("NIETOGOMEZ") was hired as a Firefighter (2126) with a date of hire of May 1, 2018; and WHEREAS, pursuant to section 1.1.1 of the Memorandum of Understanding between the CITY and SRFA ("MOU"), the position of Firefighter is represented by SRFA for all labor relations matters; and WHEREAS, pursuant to MOU section 6.6.3 Length of Probationary Period, NIETOGOMEZ'S probationary period was set to expire at midnight on April 30, 2019; and WHEREAS, NIETOGOMEZ was out on a Workers' Compensation injury from February 5, 2019 through May 21, 2019, returned to work on a 67.5% FTE modified duty schedule beginning May 22, 2019, and was released to full duty on July 5, 2019; and WHEREAS, pursuant to MOU section 6.6.5 Extension of Probationary Period, the probationary period for any SRFA employee may be extended in the case of extended illness of injury for the length of time the ill or injured employee was unable to work; and WHEREAS, NIETOGOMEZ's probationary period has been extended to midnight on August 31, 2019 as allowed per the SRFA MOU; and WHEREAS, being out from active duty for several months NIETOGOMEZ was not able to complete the required physical probationary training and testing, WHEREAS, the CITY desires to give NIETOGOMEZ and her supervisor an additional 2 months to allow her to complete the required testing and assess whether she should pass probation; NOW THEREFORE, the PARTIES agree as follows: 1. The foregoing recitals, including the representations made therein, are hereby incorporated into the terms of this Agreement. 2. If, by October 31, 2019, NIETOGOMEZ is unable to successfully complete the Probationary Firefighter testing process as outlined per San Rafael Fire Department policy, NIETOGOMEZ will immediately be released from probation. y-3 - $6I3 u 161N A L 3. Notwithstanding MOU section 6.6.5 Extension of Probationary Period, NIETOGOMEZ's probationary period as a Firefighter in the San Rafael Fire Department is hereby extended for a period of 2 months, through October 31, 2019 This extension of probation is non -precedential and applies only to NIETOGOMEZ due to the inability to fully assess her performance due to the release from probation of her prior supervisor during her probationary period. 4. This extension will provide NIETOGOMEZ additional time to perform the full range of responsibilities and demonstrate her ability to more fully and consistently meet outlined expectations for this position. These expectations will be discussed with NIETOGOMEZ in person in a meeting with her current supervisor. 5. With this extension, NIETOGOMEZ's probationary period is now scheduled to end at midnight on October 31, 2019. 6. The PARTIES agree that except for the agreement to extend the probationary period and amend the restrictions in 6.6.5 with regard to NIETOGOMEZ, all other provisions of the MOU remain valid and enforceable. Including, but not limited to, section 6.6.7, Regular Status and section 6.6.4 Rejection During Probation. 7. The PARTIES agree that this agreement is not subject to the grievance process and that any decision to release NIETOGOMEZ during the extended probationary period is also not appealable or subject to the grievance process. WHEREFORE, the parties evidence their agreement by entering their signatures below. City of San Rafael By: Jimchu , Ci4Mae Attest: p te�/l • __0( &."Lk__ Lindsay Lara, City Clerk Approved as to Form: Robert F. Epstein, City Y A me v p SRFA CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Human Resources Project Manager: Sylvia Gonzalez Extension: Click here to enter text. Contractor Name: SRFA Contractor's Contact: Contact's Email: Click here to enter text. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE N/A Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor ❑ N/A b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement N/A and return to Project Manager N/A ❑ b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor ❑ 3 Approval of final agreement form to send to N/A ❑ contractor N/A ❑ 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 N/A PRINT Project Manager Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY 8/8/19 6 Forward signed original agreements to City SG City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed p 11 n agreement v ( `7 ! 8 City Attorney Review and approve insurance in PINS, and bonds �J for Public Works Contracts 9 City Manager / Mayor Agreement executed by City Council authorized Q �{ official O f 10 City Clerk Attest signatures, retains original agreement andQ forwards copies to Project Manager