Exhibit 2 - MOU - Redline — Alameda City Council, May 3, 2022

MEMORANDUM OF UNDERSTANDING

between

CITY OF ALAMEDA

and

ALAMEDA FIRE CHIEFS ASSOCIATION

November December 19, 202115 – December December
3118, 20251

Revised December 15, 2015

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) i

MEMORANDUM OF UNDERSTANDING
between

CITY OF ALAMEDA
and

ALAMEDA FIRE CHIEFS ASSOCIATION

TABLE OF CONTENTS

Section 1. Recognition ____________________________________________ 1

1.1 Association Recognition 1

1.2 City Recognition __________________________________________ 1 Section 2. Association Security ____________________________________ 1

2.1 Dues Deduction __________________________________________ 1

2.2 Employee Rights __________________________________________ 2 Section 3. Association Representatives _____________________________ 2 Section 4. Access to Work Locations _______________________________ 3 Section 5. Use of City Facilities ____________________________________ 3 Section 6. Bulletin Boards _________________________________________ 3 Section 7. Advance Notice ________________________________________ 43 Section 8. City Rights _____________________________________________ 4 Section 9. No Discrimination _______________________________________ 4 Section 10. Hours of Work _________________________________________ 4

10.1 Work Schedule ___________________________________________ 4

10.2 Shift Relief _______________________________________________ 5

10.3 Temporary Office Assignment ______________________________ 65

10.4 Administrative Leave Bank _________________________________ 65 Section 11. Management Incentive Pay, Acting Pay ___________________ 6

11.1 Management Incentive Pay _________________________________ 6

11.2 Acting Pay (Temporary Upgrade Pay) and Additional Duties Pay __ 76

11.3 Retention/ Longevity Pay __________________________________ 87 Section 12. Salaries _____________________________________________ 87

12.1 Rates of Pay ____________________________________________ 87

12.2 Starting Rate ___________________________________________ 108

12.3 Step Increases _________________________________________ 109

12.4 Conversion Rate ________________________________________ 119

12.5 Deferred Compensation _________________________________ 1110

12.6 Mutual Aid ____________________________________________ 1110 Formatted: Left
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) ii
Section 13. Health and Welfare __________________________________ 1210

13.1 Flexible Benefit Plan ____________________________________ 1210

13.2 Dental Insurance _______________________________________ 1511

13.3 Vision Coverage _______________________________________ 1511

13.4 Life Insurance _________________________________________ 1511

13.5 IRC Section 125 _______________________________________ 1511

13.6 Employee Assistance Program ___________________________ 1511 Section 14. Retirement Plan ____________________________________ 1512

14.1 (a) Employees Hired Before January 1, 2013 _________________ 1512

14.1 (b) Employees Hired On Or After January 1, 2013 _____________ 1612

14.2 Retirement Plan Final Compensation Calculation: ____________ 1713

14.3 Public Service Credit For Federal or State Firefighter Service ___ 1713

14.4 Retiree Health and Dental Benefit _________________________ 1713

14.5 Other Postemployment Benefits Trust (OPEB Trust) __________ 1205 Section 15. Uniform Allowance __________________________________ 2216 Section 16. Holidays ___________________________________________ 2216 Section 17. Vacation ___________________________________________ 2317

17.1 Vacation Scheduling ____________________________________ 2317

17.2 Vacation Benefits ______________________________________ 2317

17.3 Vacation Accumulation __________________________________ 2619

17.4 Vacation Pay at Termination _____________________________ 2720 Section 18. Sick Leave _________________________________________ 2720

18.1 Benefits ______________________________________________ 2720

18.2 Notification Requirement ________________________________ 2820

18.3 Doctor's Certificate or Other Proof _________________________ 2820

18.4 Illness in the Immediate Family ___________________________ 2821

18.5 Sick Leave During Probationary Period _____________________ 2921

18.6 Incentive Program for Employees Not Using Sick Time ________ 2921 Section 19. Leaves of Absence __________________________________ 2921

19.1 Leave Without Pay _____________________________________ 2921

19.2 Jury Duty _____________________________________________ 2921

19.3 Military Leaves of Absence _______________________________ 2921

19.4 Maternity Leave/Family Medical Leave _____________________ 2922

19.5 Industrial Disability Leave ________________________________ 3022

19.6 Funeral Leave _________________________________________ 3022

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) iii

19.7 Catastrophic Leave Bank ________________________________ 3023 Section 20. Probationary Period _________________________________ 3224 Section 21. Layoff and Re-employment -- Furloughs ________________ 3224 Section 22. Discharge _________________________________________ 3326

22.1 Right of Discharge _____________________________________ 3326

22.2 Appeals ______________________________________________ 3426 Section 23. Personnel Files _____________________________________ 3426 Section 24. Grievance Procedure ________________________________ 3426

24.1 Initial Discussions ______________________________________ 3426

24.2 Referral to City Manager _________________________________ 3426

24.3 Adjustment Board ______________________________________ 3427

24.4 City Manager and Arbitration _____________________________ 3527

24.5 Matters excluded from the Grievance Procedure of the MOUemorandum of Understanding ______________________________ 3527

24.6 Disciplinary Action ______________________________________ 3528

24.7 Pay Claims ___________________________________________ 3628 Section 25. Outside Employment ________________________________ 3628 Section 26. Miscellaneous ______________________________________ 3628

26.1 Bilingual Pay Policy_____________________________________ 3628

26.2 Drug Free Work Place __________________________________ 3628

26.3 Paramedic Assistant Differential___________________________ 3628

26.4 Residence ____________________________________________ 3628

26.5 Career Development ___________________________________ 3628 Section 27. “Exclusive Use” City Vehicles ________________________ 3729 Section 28. Separability of Provisions ____________________________ 3729 Section 29. Past Practices and Existing Memoranda of Understanding 3830 Section 30. Meet and Confer ____________________________________ 3830 SIGNATURE PAGE ____________________________________________ 3931

Section 1. Recogntion_____________________________________________1

1.1 Association Recognition__________________________________1

1.2 City Recognition_________________________________________1

Section 2. Association Security_____________________________________1

2.1 Dues Deduction__________________________________________1

2.2 Employee Rights_________________________________________2

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) iv
Section 3. Association Representatives______________________________2

Section 4. Access to Work Locations________________________________3

Section 5. Use of City Facilities_____________________________________3

Section 6. Bulletin Boards_________________________________________3

Section 7. Advance Notice_________________________________________3

Section 8. City Rights_____________________________________________4

Section 9. No Discrimination________________________________________4

Section 10. Hours of Work__________________________________________4

10.1 Work Schedule__________________________________________4

10.2 Shift Relief______________________________________________5

10.3 Temporary Office Assignment_______________________________5

Section 11. Management Incentive Pay, Acting Pay_____________________5

11.1 Management Incentive Pay_________________________________5

11.2 Deputy Fire Chief Position/Acting Pay/Y-Rate___________________6

Section 12. Salaries_______________________________________________6

12.1 Rates of Pay___________________________________________6

12.2 Starting Rate___________________________________________7

12.3 Step Increase___________________________________________7

12.4 Conversion Rate________________________________________8

12.5 Deferred Compensation___________________________________8

12.6 Part-time_______________________________________________8

12.7 Mutual Aid______________________________________________8

Section 13. Health and Welfare______________________________________8

13.1 Flexible Benefit Plan______________________________________8

13.2 Dental Insurance________________________________________10

13.3. Vision Coverage________________________________________11

13.4 Life Insurance__________________________________________11

13.5 IRC Section 125________________________________________11

13.6 Employee Assistance Program_____________________________11

Section 14. Retirement Plan________________________________________11

14.1 Employee Contributions__________________________________11

14.1(a) Employees Hired Before January 1, 2013__________________11

14.1(b) Employees Hired On Or After January 1, 2013______________12

14.2 Retirement Plan Final Compensation Calculation______________12

14.3 Public Service Credit For Federal Or State Firefighter Service____12

14.4 Retiree Health and Dental Benefit__________________________13

14.5 Other Post Employment Benefits (OPEB) Trust_______________14

Section 15. Uniform Allowance____________________________________15

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) v
Section 16. Holidays_____________________________________________15

Section 17. Vacation_____________________________________________16

17.1 Vacation Scheduling____________________________________16

17.2 Vacation Benefits_______________________________________16

17.3. Vacation Accumulation___________________________________17

17.4 Vacation Pay at Termination_______________________________18

17.5 Vacation Paycheck______________________________________18

Section 18. Sick Leave___________________________________________18

18.1 Benefits______________________________________________18

18.2 Notification Requirement_________________________________18

18.3 Doctor's Certification or Other Proof________________________18

18.4 Illness in the Immediately Family___________________________19

18.5 Sick Leave During Probationary Period______________________19

18.6 Incentive Program for Employees Not Using Sick Time__________19

Section 19. Leaves of Absence_____________________________________19

19.1 Leave Without Pay______________________________________19

19.2 Jury Duty_____________________________________________19

19.3 Military Leaves of Absence_______________________________19

19.4 Maternity Leave/Family Leave_____________________________19

19.5 Industrial Disability Leave________________________________19

19.6 Funeral Leave_________________________________________20

19.7 Catastrophic Leave Bank________________________________20

Section 20. Probationary Period____________________________________22

Section 21. Layoff and Re-employment - Furloughs____________________22

Section 22. Discharge____________________________________________23

22.1 Right of Discharge______________________________________23

22.2 Appeals______________________________________________23

Section 23. Personnel Files_______________________________________23 Section 24. Grievance Procedure__________________________________24

24.1 Initial Discussions______________________________________24

24.2 Referral to City Manager_________________________________24

24.3 Adjustment Board______________________________________24

24.4 City Manager and Arbitration______________________________25

24.5 Matters Excluded from the Grievance Procedure
of the Memorandum of Understanding_______________________25

24.6 Disciplinary Action______________________________________25

24.7 Pay Claims____________________________________________25

Section 25. Outside Employment__________________________________25

Section 26. Miscellaneous________________________________________26

26.1 Bilingual Pay Policy____________________________________26

26.2 Drug Free Work Place__________________________________26

26.3 Paramedic Assistant Differential__________________________26

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) vi

26.4 Residence___________________________________________26

Section 27. "Exclusive Use" City Vehicles___________________________26

Section 28. Separability of Provisions_______________________________26

Section 29. Past Practices and Existing Memoranda of Understanding___27

Section 30. Meet and Confer______________________________________ 27

SIGNATURE PAGE_______________________________________________28

AMENDED APPENDIX "A" – Salary Schedule_________________________29

APPENDIX "B" - Transferring 1082 Pension System Members TO PERS__30

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 1 MEMORANDUM OF UNDERSTANDING
between

CITY OF ALAMEDA
and

ALAMEDA FIRE CHIEFS ASSOCIATION

This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500 et. seq. of the Government Code of the State of California.

The parties have met and conferred in good faith regarding wages, hour s and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and Employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council of the City of Alameda as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing November 1, 2015 and ending December 18, 2021. December 19, 2021 and ending December 31, 2025.

Section 1. Recognition

1.1 Association Recognition
The “Alameda Fire Chief’s Association” (AFCA) hereinafter referred to as the “Association”, is the recognized employee organization for the classification in Appendix A. The classification of AFCA members shall consist of five (5) Division Chiefs. The Fire Chief may assign a member(s) to perform the duties of Deputy Chiefs or the Fire Marshal. A member assigned as Deputy Chief and/or Fire Marshal shall receive pay in accordance with section 11.1 of this agreement.

The title “Alameda Fire Chiefs Association” shall be changed to “Alameda Fire Chief’s Association” (AFCA). The classification of AFCA members shall consist of three (3) Division Chiefs, with one Deputy Fire Chief, which shall be added as a classification by the City. The “Association” shall serve as the recognized employee organization for the classifications above. The name change will require a modification to the City’s current Employee Relations Ordinance and will become effective upon this modification.

1.2 City Recognition
The Municipal Employee Relations officer of the Cit y of Alameda or any person or organization du ly authorized by the Municipal Employee Relations officer, is the representative of City of Alameda, hereinafter referred to as the "City" in employer- employee relations, as provided in Resolution No. 7476 15735 adopted by the City Council on May January 1921, 20211969.

Section 2. Association Security

2.1 Dues Deduction
Payroll deductions for membership dues shall be granted by the City only to the Association.

The following procedures shall hbe observed in the withholding of employee earnings:

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 2 (1) Payroll deductions shall be for a specific amount as described within the Alameda Fire Chiefs Employees' Association Bylaws of the Association and shall not include fines, fees and/or assessments. Dues deduction shall be made only upon the employee’s is written authorization on a payroll deduction form provided by the CityAssociation. Authorization, cancellation or modification of payroll deduction shall be made upon forms provided or approved by the City ManagerAssociation. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee. Employ ees may authorize dues deductions only for the Association certified as the recognized representative of the unit to which such employees are assigned.

(2) Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds at the address specified.

(3) The employee's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the Association dues deduction.

(4) The Association shall file with the City Manager an indemnity statement wherein the Association shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City on account of check off of Association dues or premiums for benefits . In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

Monies withheld by the City shall be trans mitted to the Treasurer of the Associa tion at the address specified. The Association shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check -off of employee organization dues or service fees. In addition, the Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence.

2.2 Employee Rights
Subject to the provisions of this Memorandum of Understanding, and applicable law, all employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representa tion on all matters of Employer employee relations involving wages, hours and other terms and conditions of employment. Employees of the City also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in the employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by the Association because of their exercise of these rights.

Section 3. Association Representatives

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 3 City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall submit a written request for excused absence to their respective department heads, with an information copy to the Human Resources Director, at least two (2) working days prior to the scheduled meeting whenever possible.

Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

Section 4. Access to Work Locations

Reasonable access to employee work locations shall be gran ted officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such officers or representatives shal l not enter any work location without the consent of the City Manager. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

Solicitation of membership and activities concerned with the internal management of the Association, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours.

Section 5. Use of City Facilities

City employees or the Association or their representatives may, with the prior approval of the City Manager, be granted use of City facilities during non-work hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and whiteboards ashtrays and blackboards is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

Section 6. Bulletin Boards

The Association may use portions of City bulletin boards under the following conditions:

(1) All materials must be dated and must identify the Association that published them.

(2) Unless special arrangements are made, materials posted will be removed thirty- one (31) days after the publication date.

(3) The City agrees to provide bulletin boards in reasonable locations and designate a reasonable portion thereof for Association use.

(4) If the Association does not abide by these rules, it will forfeit its right to have materials posted on City bulletin boards.

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 4 Section 7. Advance Notice

Except in cases of emergency, reasonable advance written notice shall be given the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.

The City agrees to post City job ann ouncements on all bulletin boards at the earliest practical time.

Section 8. City Rights

The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, com missions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission i n emergencies; and to exercise complete control and discretion over its organization and the technology of performing its work.

Section 9. No Discrimination

Consistent with state and federal law tThere shall be no discrimination or harassment of any kind based on any statutorily (federal, state or local) protected class including but not limited to; race, religious creed, color, national origin, sex, ancestry, physical disability (including HIV and AIDS), mental dis ability, medical condition, (ex. Cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities, or sexual orientation against any employee or applicant for employment by the Association or by the City or by anyone employed by the City. ; and to the extent prohibited by applicable state and federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established. The City and the Association will not interfere with the rights of employees to join or refrain from joining the Union nor will they discriminate against any employee for legitimate Association activities.

Section 10. Hours of Work

10.1 Work Schedule
Association members in a suppression assignment willmay have a work week of 56 hours when assigned to fire suppression corresponding to the following 48/96 schedule.

Association members may have a work week of 56 hours when assigned to fire suppression corresponding to the following 48/96 schedule.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 5 X = 24 hour on-duty period
O = 24 Hour off duty period
XXOOOO

Association members in a sSuppression assignmentDivision Chiefs shall report to work at 0730 Hours.

With the approval of the Fire Chief, Suppression Chiefs may also trade shifts.

Association members in an administrative assignment are assigned a five-day forty (40) hour work week but may workfixed compressed four-day thirty-eight (38) hour per week schedule.

Suppression Division Chiefs shall report to work at 0730 Hours.

Office Chiefs have the option to work a four (4) 9.5 hour work schedule.

The Fire Chief may exchange employee hours for Suppression Chiefs up to forty eight (48) hours per quarter (non-cumulative) to facilitate the completion of projects providing there are no overtime costs.

With the approval of the Fire Chief, employees may also exchange hours (Trades).

This MOU recognizes that the time required by management employees to complete their duties is not limited by the length of the normal workweek and hours of service shall be determined by and subject to the direction of the Fire Chief after discussion with the impacted employee(s).

10.2 Shift Relief
Any employee of the bargaining groupAssociation that works an extra duty shift relief as a suppression D uty Chief from an off -duty day, works an extra duty as a suppression Duty Chief from an off-duty day, shall be compensated at straight time base salary of a step 5 suppression Division Chief with 20 year retention pay rate included. To be eligible for this payment the employees must work a minimum of ten consecutive hours on the same shift. Once the employee has worked ten consecutive hours they will be eligible to be paid for all hours worked in the same 24 hour shift at the rate described above.receive a cash stipend in the amount of $1,250 for each full 24 hour shift worked.

At the discretion of the Fire Chief, members of the bargaining group shallAssociation shall be requested to fill suppression Duty Chief vacancies first before the other bargaining group members of the International Association of Firefighters (IAFF) bargaining unit is are requested to work overtime within these AFCA positions.

No employee of the bargaining group shall be called to an extra shift duty if this would result in overstaffing of the shift beyond the minimum staffing for that day, unless there is no qualified on duty member of the other bargaining group available to act in the position.

At the discretion of the Fire Chief, members of the bargaining group shall be requested to fill suppression Duty Chief vacancies first before the other bargaining group is requested to work overtime within these AFCA positions.

No employee of the bargaining group shall be called to extra duty if this would result in overstaffing of the shift beyond the minimum staffing for that day unless there is no Formatted: Indent: First line: 0.5"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 6 qualified on duty member of the other bargaining group available to act in the position.

10.3 Temporary Office Assignment
In the event the Fire Chief assigns a Suppression Division Chief to an office assignment for more than 30 days, the employee will receive a five (5%) percent salary differential while so assigned. This is a non-PERSABLE benefit.

10.4 Administrative Leave Bank
Administrative Leave Bank AFCA members assigned to the office will receive 123.5 hours of "Administrative Leave" to be used during the calendar year. 61.75 hours will be placed in each member's Administrative Leave Bank on January 1st and July 1st of each year and illustrated on their paystub.

AFCA members assigned to suppression and working 24 hour shifts will receive 173 hours of Administrative Leave. These members will receive 86.5 hours which will be placed in each member's Administrative Leave Bank on January 1st and July 1st of each year.

Administrative leave hours cannot be carried over from year to year. Any hours not used within the calendar year will be lost and cannot be cashed out.

The amount of Administrative Leave granted for employees promoting into the bargaining group will be prorated based on the pay period in which the promotion occurs.

AAdministrative Leave hours will replace exchange hours earned in the department by AFCA members. For members who have exchange hours on record with the department, the exchange hours available for use would be based on the number of hours on record as of January 15, 2022. The city will provide 4 years to use banked exchange hours down to zero. These exchange hours being used down to zero will not be reason to accrue excess vacation and will follow section 17.3. Hours cannot be cashed out upon separation from the department. Any exchange hours remaining in an employee’s bank at the completion of this MOU shall be forfeited.

Section 11. Management Incentive Pay, Acting Pay

11.1 Management Incentive Pay

Management Incentive Pay Level 1
All Alameda Fire Chiefs Association Members are granted Management Incentive Pay Level 1 which is equivalent to ten (10) standard work week days per fiscal year which is earned throughout the year over 26 pay periods. AFCA members will receive monetary compensation for Management Incentive Pay Level 1 in 26 installments per year. The compensation shall be calculated using the member’s hourly pay rate, as listed in the applicable City of Alameda Fire Department Salary List, multiplied by 80 (hours) and divided by 26 (paydays). If a salary adjustment oc curs during a fiscal year the Management Incentive Pay Level 1 benefit shall be re-calculated as of the effective date of the adjustment using the above formula. Management Incentive Pay Level 1 shall be administered as per 2 C.C.R. 571 (a) (1). (See Amended Appendix A) All Alameda Fire Chiefs Association Members are granted Management Incentive Pay equivalent to ten (10) standard work week days per fiscal year which is earned throughout the year over 26 pay periods. AFCA members will receive monetary compensation for Man agement Incentive Pay in 26 installments per year. The Formatted: Heading 2, Left, Right: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 7 compensation shall be calculated using the member’s hourly pay rate, as listed in the applicable City of Alameda Fire Department Salary List, mul tiplied by 80 (hours) and divided by 26 (paydays). If a salary adjustment occurs during a fiscal year the Management Incentive Pay benefit shall be re -calculated as of the effective date of the adjustment using the above formula. Management Incentive Pay shall be administered as per 2 C.C.R. 571 (a) (1). (See Amended Appendix A)

Management Incentive Pay Level 2
Members working an administrative assignment, exclusive of the Deputy Fire Chief assignment, and having responsibility for one or more of the Fire Department’s divisions qualify for Management Incentive Pay Level 2 compensation. Management Incentive Pay Level 2 is granted to qualified AFCA members, in addition to Management Incentive Pay Level 1 compensation as described earlier in this section. The compensation shall be calculated as an additional 5% of the employee’s current base pay. AFCA members will receive monetary compensation for Management Incentive Pay Level 2 in 26 installments per year. If a salary adjustment occurs during a fiscal year the Management Incentive Pay Level 2 benefit shall be re -calculated as of the effective date of the adjustment using the above formula. Management Incentive Pay shall be administered as per 2 C. C. R. 571 (a) (1). (See Amended Appendix A).

Management Incentive Pay Level 3
Members working the Deputy Fire Chief assignment, qualify for Management Incentive Pay Level 3 compensation and are not qualified for Management Incentive Pay Level 2.

Management Incentive Pay Level 3 is granted to qualified AFCA members, in addition to Management Incentive Pay Level 1 compensation as described earlier in this section.

The compensation shall be calculated as an additional 5% of the employee’s current base pay. AFCA members will receive monetary compensation fo r Management Incentive Pay Level 3 in 26 installments per year. If a salary adjustment occurs during a fiscal year the Management Incentive Pay Level 3 benefit shall be re-calculated as of the effective date of the adjustment using the above formula. Man agement Incentive Pay shall be administered as per 2 C. C. R. 571 (a) (1). (See Amended Appendix A).

Management Incentive Pay Level 2
Members working a n administrative assignment, exclusive of the Deputy Fire Chief assignment, and having responsibility for one or more of the Fire Department’s divisions qualify for Level 2 compensation. Management Incentive Pay 2 is granted to qualified AFCA members, in addition to Management Incentive Pay compensation as described earlier in this section. The compensation shall be calculated as an additional 5% of the employee’s current base pay. AFCA members will receive monetary compensation for Management Incentive Pay 2 in 26 installments per year. If a salary adjustment occurs during a fiscal year the Management Incentive Pay benefit shall be re -calculated as of the effective date of the adjustment using the above formula. Management Incentive Pay shall be administered as per 2 C. C. R. 571 (a) (1). (See Amended Appendix A).

11.2 Acting Pay (Temporary Upgrade Pay) and Additional Duties Pay Deputy Fire Chief Position/Acting Pay/Y-Rate

Acting Pay/Temporary Upgrade Pay – An employee who is temporarily assigned to perform a job in a higher classification during the temporary vacancy of that position during recruitment may be paid an acting pay not less than five percent (5%), nor above the highest step of the higher classification.

Additional Duties Pay – The City Manager may approve Additional Duties Pay outside Formatted: Font: 11 pt, Bold
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 8 an existing classification if additional duties warrant. Additional duties that may be periodically assigned that fall outside of Code of Regulations definitio n of Special Compensation may not qualify as reportable compensation for benefit purposes but does not prohibit the pay for such additional duties.

Acting Pay/Temporary Upgrade to Fire Chief Pay – Any Division Chief who is assigned to Acting Fire Chief, when the Fire Chief is out of the office and unavailable for more than 5 business days shall be paid an acting pay not less than five percent (5%), nor above the highest step of the higher classificatio n. The pay will start on the 5th day and will end once the Fire Chief has resumed their role.

11.3 Retention/ Longevity Pay
Effective February 27, 2022, upon the satisfactory completion of ten (10) years of continuous service with the Alameda Fire Department, the employee's regular base monthly salary shall be increased by three percent (3.0%). Upon the satisfactory completion of fifteen (15) years of continuous service with the Alameda Fire Department, the employee's regular base monthly salary sha ll be increased by an additional four percent (4.0%). Upon the satisfactory completion of twenty (20) years of continuous service with the Alameda Fire Department, the employee’s regular base monthly salary shall be increased by an additional five-percent (5.0%).

An employee who is assigned to the Deputy Fire Chief position shall be paid an acting pay differential of five per cent (5%) while so assigned, not to be combined with any other acting pay. An employee who is assigned to perform a job in another classification during the temporary or permanent absence of an employee may be paid an acting pay not less than five percent (5%), nor above the 5 th step of the higher classification. The City Manager may approve a “Y” rate outside an existing classification if additional duties warrant.

Section 12. Salaries

12.1 Rates of Pay
The salary range for each classification shall consist of 5 steps, except as set forth below, and shall be as set forth in Amended Appendix A which is attached hereto and made a part thereof.

An additional salary step, step 6, has been added to the Division Chief’s salary. This 6th step applies only to Division Chiefs working an Office assignment and having responsibility for one or more of the Fire Department’s divisions in recognition of the additional duties of these positions. All additional pays that are calculated on base salary will continue to be based on steps one (1) through five (5). Step 6 shall remain 5% above step 5 (rounded to the nearest dollar).

The salary range for each classification shall be as set forth in Amended Appendix A which is attached hereto and made a part thereof.

There shall be no wage increases in 2012 and 2013.

Future wage increases in these Memoranda, unless specifically stated otherwise, shall be based on the previous year’s Balanced Revenue Index (“BRI”).

BRI is defined as 50% of the one year rate of growth, between the two previous successive fiscal years, of the combined dollar amount of the following five local Alameda taxes:

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 9 General Fund Property Tax,
1% Bradley Burns Sales Tax,
Utility Users Tax,
Transient Occupancy Tax, and
Property Transfer Tax.

2014: Wage increases to begin the first full pay period after January 1, 2014 will be based upon the BRI from fiscal year (FY 2012-2013) over fiscal year (FY 2011-2012).

The wage increase for 2014 based upon this formula will be a minimum of 1.5% and a maximum of 4.0%.

2015: Wage increases to begin the first full pay period after January 1, 2015 will be based upon the BRI from fiscal year (FY 2013-2014) over fiscal year (FY 2012-2013).

The wage increase for 2015 based upon this formula will be a minimum of 2.0% and a maximum of 5.0%.

2016: Wage increases to begin the first full pay period after January 1, 2016 will be based upon the BRI from fiscal year (FY 2014-2015) over fiscal year (FY 2013-2014).

The wage increase for 2016 based upon this formula will be a minimum of 2.0% and a maximum of 5.0.

2017:

Wage increases to begin the first full pay period after January 1, 2017 will be based upon the BRI from fiscal year (FY 2015 -2016) over fiscal year (FY 2014 -2015). The wage increase for 2017 based upon this formula will be a minimum of 2.0% and a

maximum of 5.0%.

2018: Wage increases to begin the first full pay period after January 1, 2018 will be based upon the BRI for fiscal year (FY 2016 -2017) over fiscal year (FY 2015 -2016).

The wage increase for 2018 based upon this formula will be a minimum of 2% and a maximum of 5.0%.

2019: Wage increase is zero for 2019.

2020: Wage increases to begin the first full pay period after January 1, 2020 will be based upon the BRI for fiscal year (FY 2018 -2019) over fiscal year (FY 2017 -2018).

The wage increase for 2020 based upon this formula will be a minimum of 3.0% and a maximum of 5.0%.

2021: Wage increases to begin the first full pay period after January 1, 2021 will be equal to the same percentage increase provided to employees represented by the International Firefighters Association, Local 689 but will not be less than a minimum of

2.0% nor greater than a maximum of 5.0%.

2022: Wage increase to begin the pay period beginning January 2, 2022 shall be 3%.

2023: Wage increase to begin the first full pay period after January 1, 2023 shall be 3%.

2024: Wage increase to begin the first full pay period after January 1, 2024 shall be Formatted: Font: Bold, Underline
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 10 3%.

2025: Wage increase to begin the first full pay period after January 1, 2025 shall be 3%.

12.2 Starting Rate
When circumstances warrant, the City Manager may approve an entrance salary which is more than the minimum salary. The City Manager's decision shall be final.

When a member is promoted to Division Chief they shall be placed on the step that is at least 5% above the prior rate of pay.

12.3 Step Increases
If the City Manager at any time determines that it is in the City's interest, they may assign an employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range steps.

When a Division Chief is moved from suppression to an Office assignment and is responsible for one or more divisions and is not already at step 5 on the salary schedule, they will be moved to the next higher step on the salary range than the ir current step.

They will remain at this rate until they are moved based on the employee’s anniversary date or are no longer assigned to an administrative assignment. For example, an employee at step 3 when moved to an Office assignment, will be placed at step 4 on the salary schedule at the time of appointment. When the employee receives their next step increase they will be moved to step 5 on the salary schedule. They will continue to advance in the salary schedule until they reach step 6. If the employee leaves the Office assignment, they will be placed at the step below that at which they were, for example moving from step 6 while in an office assignment to step 5 when moved to a suppression assignment.

No increase in salary shall be automatic merely upon completion of a specified period of service.

All increases shall be based on merit as established by the record of the employee's performance and shall require recommendation of the Department Head.

If the City Manager at any time determines that it is in the City's 'interest, he may assign an employee to a higher rate within the salary, range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range steps.

An employee shall receive increases in salary according to the following plan:

Step 2 upon completion of twelve (12) months, service in Step I unless the City Manager disapproves.

Step 3 upon completion of twelve (12) months, service in Step 2 unless the City Manager disapproves.

Step 4 upon completion of twelve (12) months, service in Sstep 3 unless the City Manager disapproves.

Step 5 upon completion of twelve (12) months, service in Step 4 unless the City Manager disapproves.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 11 sStep 5.

Raises to the 2nd, 3rd, 4th, 5th steps shall be automatic unless the City Manager disapproves.Subject to the provisions of this Section 12.3, an employee shall receive increases in salary according to the following plan:

Step 2 upon completion of twelve (12) months, service in Step I unless the City Manager disapproves.

Step 3 upon completion of twelve (12) months, service in Step 2 unless the City Manager disapproves.

Step 4 upon completion of twelve (12) months, service in step 3 unless the City Manager disapproves.

Step 5 upon completion of twelve (12) months, service in Step 4 unless the City Manager disapproves.

Raises to the 2nd, 3rd, 4th, 5th steps shall be automatic unless an unsatisfactory service rating report is made by the appointing authority.

12.4 Conversion Rate
Any yearly, monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time basis, the Finance Director, subject to the approval of the City Manager, shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

Where part -time service is on an irregular basis, the pay for such service shall be calculated according to procedures established by the Finance Director, subject to the approval of the City Manager.

12.5 Deferred Compensation
Deferred compensation is available to all members of the Association at their own expense.

12.6 Part-time
Permanent part-time employees (those who have reduced from full time Civil Service employment) will receive prorated benefits.

12.6 Mutual Aid
Employees assigned to provide mutual aid under either the “Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies” or “Federal Emergency Management Agency Cooperative Agreement’ or declared “Disaster Agreement with California Task Force Four Urban Search & Rescue” will be compensated, for work outside of their normal hours at one and a half (1.5) times the employee’s base hourly rate of pay portal to portal as long as the hourly rate is eligible for 100 percent reimbursement by the requesting agency under the agreements listed. No employee may be approved for mutual aid without a request and an order number or equivalent from requesting agency.

At such time as the City receives compensation for personnel services rendered by an Formatted: Indent: Left: 0.5"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 12 AFCA employee under the State of California Governor’s Office of Emergency Services (OES), the employee shall be paid by the City any compensation amounts above the City’s costs for such services. City costs shall include but are not limited to the employee’s regular compensation to include base salary and all other additional compensation, as already paid by the City, administrative/personnel surcharge as established by OES vehicle cost, and other costs such as commodities and travel. In order to receive OES Mutual Aid Pay, the employee must complete and submit to t he Fire Chief an authorized Application for AFCA OES Mutual Aid Response Pay form.

Section 13. Health and Welfare

13.1 Flexible Benefit Plan
The City has contracted with the Public Employees' Retirement System (PERS) for the purpose of providing medical insurance benefits for employees covered by this Memorandum of Understanding, eligible retired employees and eligible survivors of retired employees. Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with regulations promulgated by PERS and subject to the provisions of Section 4 (a) and (b) of the Agreement of May 31, 1990 between the City and the "members of the 1082 Pension System", transferring the 1082 pension system to PERS (See Section 14.3 and Appendix B).

The structures for the medical component of the Flexible Benefits Plan will be provided to employees as follows:

Two different structures for the medical component of the Flexible Benefits Plan will be provided to employees, based on their date of hire as outlined below.

Through the term of the agreement, the City shall contribute the maximums listed below for the calendar year 2022. These contribution rates reflect 50% of the Kaiser increase over 2021 contribution rates. There shall be no cash back to employees of any exc ess dollars should the employee elect a plan that is less than the maximums listed below.

Employees who elect not to enroll in one of the City’s health plans and show proof of enrollment in an alternative plan, shall receive $106.15 per pay period while wa iving coverage.

The maximum contribution rates upon ratification of this agreement are as follows:

Waiver of Coverage: $106.15 per pay period
Single Party $1,097.90 per month
Two-Party $2,019.92 per month
Family $2,573.13 per month

Should the employee elect a more expensive plan, the balance of the cost incurred to provide medical care benefits for the employee and eligible dependents shall be paid by the employee. The City shall make a payroll deduction from the employee's pay to cover the difference.

Effective January 1, 2023, and every January 1st thereafter, during the term of this agreement, the City will increase its contribution to the member’s Flexible Benefit Plan to reflect 50% of the increase in cost for premiums for the then current year as compared to the prior year, of the CalPERS Kaiser rate in the area or region in which Alameda is assigned based upon the coverage level for the employee +2 or more dependents. The $106.15 per pay period cash-in-lieu will not change.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 13 Employees who were hired by the City of Alameda on or before February 16, 2010 and who are presently in Plan A, may choose to continue be covered under Plan A or elect Plan B as outlined below. Once Plan B is chosen, the employee will not have the ability to move back into Plan A. All employees hired or promoted into the AFCA bargaining unit after February 16, 2010 shall be covered under Plan B, and are not eligible to elect Plan A.

Plan A
Under Plan A, the City will make the following contributions per month per eligible employee toward the Flexible Benefits Plan for health insurance. These amounts include the PERS minimum employer contribution (MEC) as required by state law, regardless of the year or amount, if enrolled in PERS medical insurance.

Coverage Level January 2015 City Contribution Available Cash Back* No coverage (0 party) $1,262.52 $1,262.52
Employee only $1,751.47 $ 834.96
Employee + 1 $1,751.47 $ 302.40
Employee + 2 or more dependents $1,751.47 $ 0

*The cash back amounts are based upon an employee enrolled in the Kaiser plan. If the employee chooses a more expensive plan, the cash back amount will be less.

Each year, the City’s contribution sh all increase by 85% of the increase to the Kaiser premiums based upon the coverage level for the employee + 2 or more dependents and is as reflected above. If an employee chooses to be covered by a higher cost medical plan, they will be responsible for paying the difference in the cost for that medical plan.

If an employee elects no medical coverage through the City and can document they have alternative medical coverage, they will be eligible for cash back at the “No coverage” rate. If an employee elect s to have health coverage, the amount of cash back is determined based upon the City’s Contribution less the cost of the medical plan chosen by the employee. Employees receiving cash back will continue to be eligible to receive it, based on the coverage t hey elect. The amount of cash back will not increase from current levels; however, the amount of cash back an employee receives may change as a result of a change in enrollment and/or coverage level. The cash back amounts will not be increased in the future as premiums rise.

Plan B
Effective upon ratification, the City shall contribute the necessary amount up to the Kaiser or Blue Shield Bay Area rates per month per eligible employee for health insurance based upon elected coverage. There shall be no cash back to employees of any excess dollars should the empl oyee elect a plan that is less than the Kaiser or Blue Shield Bay Area plans. Employees who elect not to enroll in one of the City’s health plans shall receive $230 per month.

The current maximum contribution rates are as follows and are based upon the Blue Shield Bay Area and Kaiser rates:

The current maximum contribution rates are as follows:

January 1, 2015
Rates
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 14 None $ 230.00
Single Party $ 898.01
Two-Party $ 1,796.01

Family $ 2,334.81

Effective January 1, 2014, the City will increase its contribution to the Flexible Benefit Plan to reflect 85% of the increase in cost for 2014 from the 2013 rates, if any, of the CalPERS Bay Area Kaiser or Blue Shield premium based upon the coverage level for the employee + 2 or more dependents. The $230 medical component of the 0 -Party rate shall not change.

Effective January 1, 2015, the City will increase its contribution to the Flexible Benefit Plan to reflect 75% of the increase in cost for 2015 from the 2014 rates, if any, of the CalPERS Bay Area Kaiser or Blue Shield premium based upon the coverage level for the employee + 2 or more dependents. The $23 0 medical component of the 0 -Party rate shall not change.

Effective January 1, 2016, the City will increase its contribution to the Flexible Benefit Plan to reflect 75% of the increase in cost for 201 6 from the 2015 rates, if any, of the CalPERS Bay Area Kaiser premium based upon the coverage level for the employee + 2 or more dependents. The $230 medical component of the 0 -Party rate shall not change. The base coverage will only include the CalPERS Bay Area Kaiser p remium rate.

Effective January 1, 2017 and on January 1st of every year thereafter until the expiration of this MOU, the City will increase its contribution to the Flexible Benefit Plan to reflect 50% of the increase in cost for premiums for the then curr ent year as compared to the prior year, if any, of the CalPERS Bay Area Kaiser premium rate based upon the coverage level for the employee + 2 or more dependents. The $230 medical component of the 0-Party rate shall not change.

Each employee shall be resp onsible for providing immediate written notification to the Human Resources Department of any change to the number of their dependents which affects the amount of the City payment to the Flexible Benefits Account. An employee, who by reason of failing to report a change in dependents, receives a City payment greater than the amount to which they are entitled shall be liable for refunding the excess amounts received via a reduction in the amount paid to their Flexible Benefits Account. Changes to flexible benefit payments required because of a change in an employee's number of dependents shall take effect at the start of the first pay period in the month next following the month in which advice from the employee is received by the Human Resources Depar tment. No retroactive increases to the City's payments shall be allowed.

Each employee shall be responsible for providing immediate written notification to the Human Resources Department of any change to the number of his/her dependents which affects the amount of the City payment to the Flexible Benefits Account. An employee, who by reason of failing to report a change in dependents, receives a City Formatted: Indent: Left: 0.5"

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 15 payment greater than the amount to which he/she is entitled shall be liable for refunding the excess amou nts received via a reduction in the amount paid to his/her Flexible Benefits Account. Changes to flexible benefit payments required because of a change in an employee's number of dependents shall take effect at the start of the first pay period in the mon th next following the month in which advice from the employee is received by the Human Resources Department. No retroactive increases to the City's payments shall be allowed.

13.2 Dental Insurance
Effective January 1, 2014, t he City will switch from an 80%- 20% plan to a plan that covers 90% of the cost of services, with the employee picking -up 10% of the cost of services.

The current dental plan is a $2500.00/$2500.00 benefit plan per employee and eligible

dependent(s) for annual dental care and lifetime orthodontic care.

13.3 Vision Coverage
The City will make the current Vision Coverage available at the employee's cost.

Effective January 1, 2016, the City will split the cost of the Vision Premiums 50-50 with members of the bargaining units who opt for this coverage.

13.4 Life Insurance
The City shall provide each employee with a $100,000 life insurance program. This coverage will be mandatory for all employees.

The City shall provide each employee with the opportunity to purchase, at their own cost, additional optional life insurance up to the maximum amount provided by and subject to the conditions of the carrier.

13.5 IRC Section 125
At such time as the City institutes the Flexible Benefits Plan, the City agrees to implement an IRC Section 125 plan to redirect the employees, pre-selected amount of salary to pay employee paid insurance premiums and other approved expenses with "pre-tax" instead of "after tax" dollars.

13.6 Employee Assistance Program
The City shall continue to provide for all employees an employee assistance program.

The cost of such program shall con tinue to be paid by the City only during the term of this Memorandum of Understanding.

Section 14. Retirement Plan

14.1 (a) Employees Hired Before January 1, 2013
The provisions described in this Section A apply o nly to CalPERS eligible employees hired before January 1, 2013, or to eligible employees hired after that date who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c).

Except as modified below, the parties agree to be bound by the Agreement entered into on May 31, 1990, and executed by the City Manager and the President of the Union and attached to this Memorandum of Understanding as Appendix B.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 16 The City shall continue to provide retirement benefits in accordance with the ex isting contract with PERS to provide for the 3% @ 50 retirement formula as set forth in Section 21362.2 of the California Government Code effective July 1, 2011 for employees hired prior to January 1, 2013. The City has implemented the provision of Section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to PERS on behalf of all its employees in this recognized group or class of employment. “Employee contributions“ shall mean those contributions to PERS which are deducted from the salary of employees and are credited to individual employee’s accounts pursuant to California Government Code Section 20691.

The City has contracted with PERS for Employee Cost Sharing under Government Code Section 20516(a). The member’s contribution in prior to this MOUs was 2% over and above the normal 9% contributions made by the employee in previous MOUs. This 11% contribution was in accordance with Section 414(h)(2) of the Internal Revenue Code whereby employee contributions shall be tax deferred and not subject to taxation until the time of constructive receipt.

With the ratification of this agreement, employees covered by this MOU continue with paying 11% until June 30, 2013.

There was a one percent increase in the employee contribution of PERS pension costs, effective the first day of the first full pay period following the dates listed:

There will be a one percent increase in the employee contribution of PERS pension costs, effective the first day of the first full pay period following the dates listed:

 July 1, 2013 increase 1% resulting in a total employee contribution of 12%.  July 1, 2014 increase 1% resulting in a total employee contribution of 13%.  July 1, 2015 increase 1% resulting in a total employee contribution of 14%.  July 1, 2016 increase 1% resulting in a total employee contribution of 15%. (9% employee contribution plus additional contribution of 6% of the employer cost)

If during the term of this MOU, actuarial valuation numbers improve and the employers normal cost for the retirement benefit reduces, the parties agree to the employees contribution rate being no more than 50% of the employers normal cost. Otherwise, the total employee contribution at levels set forth above will remain in effect until the expiration of this MOU with the understanding that after July 1, 2016 the level shall remain at 15%.

If during the term of this MOU, actuarial valuation numbers improve and the employers normal cost for the retirement benefit reduces, the parties agree to the employees contribution rate being no more than 50% of the employers normal cost. Otherwise, the total employee contribution of 15% will remain in effect until the ex piration of this MOU.

14.1 (b) Employees Hired On Or After January 1, 2013 This Section B shall apply to CalPERS eligible employees hired on or after January 1, 2013, who are do not qualify for pension reciprocity pursuant to Government Code Section 7522.02(c). All of the following requirements apply to these employees:

a. As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply.

b. As required by Government Code Section 7522.32, for the purposes of Formatted: Indent: Left: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 17 determining a retirement benefit for CalPERS eligible employees, final compensation shall mean the highest average annual pensionable compensation earned during 36 consecutive months of service.

c. As required by Government code Section 7522.30, employees shall have an initial contribution rate of 50% of the total normal cost rate.

14.2 Retirement Plan Final Compensation Calculation:

Pursuant to the Public Employees’ Pension Reform Act, all employees who constitute “new PEPRA members” of the C ity’s defined benefit plan will have their final compensation for pension purposes calculated based on a formula that defines final compensation as the highest average annual pensionable compensation earned during a period of at least 36 consecutive months . Employees who constitute “classic members” of the City’s defined benefit plan will have their final compensation for pension purposes calculated based on a formula that defines final compensation on a 12-consecutive month period in accordance with the P ublic Employees’ Retirement Law.

14.3 Public Service Credit For Federal or State Firefighter Service The City contracts with PERS for Optional Benefit #21024.5 - Public Service Credit for Permanent Career Civilian Federal Firefighter or Permanent Career State Firefighter Service.

14.4 Retiree Health and Dental Benefit

(a) Employees Hired On or Before June 7, 2011:

To be eligible for the retiree health and dental benefits, employees hired on or before June 7, 2011 must have been employed with the City o f Alameda for no less than five (5) years and must retire from the City of Alameda within 120 days of separation.

Upon retirement with at least (5) five years of service, the City shall contribute up to the two-party rate for either the Kaiser or Blue Shie ld health plans in the Region or Area that Alameda County is assigned by CalPERS (whichever plan is chosen by the employee). Should an employee elect a plan other than Kaiser or Blue Shield, the maximum contribution by the City shall be an amount not to ex ceed the higher of the Kaiser or Blue Shield rates in the Region or Area that Alameda County is assigned by CalPERS and shall not exceed the cost of the elected plan. When the employee becomes eligible for Medicare, the Medicare supplement rates for Kaiser or Blue Shield will apply. For dental, the City shall provide dental benefits up to the two party rate.

In any year in which Blue Shield is not offered, the limit to reimbursement will be the higher of either the Kaiser two –party premium or the average of all plans offered in the Region or Area that Alameda County is assigned by CalPERS. The averaging of plans is limited to only the impacted categories that no longer offer Blue Shield (Basic, Combination, or Supplemental/Managed Medicare).

Should the Kaiser plan no longer be offered, the parties shall meet and confer on a substitute provider or rate.

The City will notify the AFCA prior to open enrollment if the Blue Shield plan or Kaiser plan is not included in the medical plans being offered for the coming year.

The City will meet at AFCA’s request to review the calculation of the average plan cost used to set the reimbursement rate.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 18 Two-party coverage for health and dental shall include the employee and the spouse to whom the employee is married at the time of retirement. If the employee dies during retirement, the City will provide to the surviving unmarried spouse health and dental insurance at the two -party rate. If a retired employee marries or remarries during retirement, the retiree may add the new spouse to the health or dental insurance at the retiree’s expense.

To be eligible for the retiree health and dental benefits, employees hired on or before June 7, 2011 must have been employed with the City of Alameda for no less than five (5) years and must retire from the City of Alameda within 120 days of separation.

Upon retirement with at least (5) five years of service, the City shall contribute up to the two -party rate for either the Kaiser or Blue Shield Bay Area health plans (whichever plan is chosen by the employee). Should an employee elect a plan other than Kaiser or Blue Shield, the maximum contribution by the City shall be an amount not to exceed the higher of the Kaiser or Blue Shield Bay Area rates and shall not exceed the cost of the elected plan. When the employee becomes eligible for Medicare, the Medicare supplement rates for Kaiser or Blue Shield will apply. For dental, the City shall provide dental benefits up to the two-party rate.

(b) Employees Hired After June 7, 2011:

To be eligible for the retiree health and dental benefits, employees hired after June 7, 2011 must have been employed by the City of Alameda for no less than ten years and must retire from the City of Alameda within 120 days of separation. Upon retirement with at least ten years of service, the City shall contribute up to the single- party rate for either the Kaiser or Blue Shield health plans in the Region or Area that Alameda County is assigned by CalPERS (whichever plan is chosen by the employee). Should an employee elect a plan other than Kaiser or Blue Shield, the maximum contribution by the City shall be an amount not to exceed the higher of the Kaiser or Blue Shield rates in the Region or Area that Alameda County is assigned by CalPERS and shall not exceed the cost of the elected plan. When the employee becomes eligible for Medicare, the Medicare supplement rates for Kaiser or Blue Shield will apply. For dental, the City shall provide dental benefits up to the single - party rate.

In any year in which Blue Shield is not offered, the limit to reimbursement will be the higher of either the Kaiser single –party premium or the average of all plans offered in the Region or Area that Alameda County is assigned by CalPERS. The averaging of plans is limited to only the impacted categories that no longer offer Blue Shield (Basic, Combination, or Supplement/Managed Medicare).

Should the Kaiser plan no longer be offered, the parties shall meet and confer on a substitute provider or rate.

The City will notify the AFCA prior to open enrollment if the Blue Shield plan is not included in the medical plans being offered for the coming year. The City will meet at AFCA’s request to review the calculation of the average plan cost used to set the reimbursement rate.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 19 Employees hired after June 7, 2011 shall contr ibute an amount equal to 2% of regular base monthly salary to a supplemental retirement plan created under IRC 401(a) and 401(h) and to be invested in a way chosen by the employees.

Contributions to the supplemental retirement plan shall be on a “pick up” basis as defined in IRC 414(h)(2). This supplemental retirement plan allows the accrual of retiree health benefits. Contributions are divided 25% to the 401(h) or retiree health bucket, and 75% to the 401(a) or retiree income bucket. The plan will be administered by a third party administrator, Peery and Associates Inc. All plan expenses will be paid by the participants from the trust. Per Resolution number 15108, upon separation from service, employees hired after June 7, 2011, shall contribute any unused vacation leave, unused compensatory leave and any unused sick leave that has not been converted to PERS Service Credit, into the plan, subject to IRS limitations

The City is not responsible in any way for any contribution or “pick up” to the above- described supplemental retirement plan.

Upon separation from service, the employee shall contribute any unused vacation leave, unused compensatory leave and up to 50% of unused sick leave, into a 401(a)(h) plan subject to the IRS limitations. For dental, the City shall provide dental benefits up to the single-party rate.

To be eligible for the retiree health and dental benefits, employees hired after June 7, 2011 must have been employed by the City of Alameda for no less than ten years and must retire from the City of Alameda within 120 days of separation. Upon retirement with at least ten years of service, the City shall contribute up to the single- party rate for either the Kaiser or Blue Shield Bay Area health plans (whichever plan is chosen by the employee). Should an employee elect a plan other than Kaiser or Blue Shield, the maximum contribution by the City shall be an amount not to exceed the higher of the Kaiser or Blue Shield Bay Area rates and shall not exceed the cost of the elected plan. When the employee becomes eligible for Medicare, the Medicare supplement r ates for Kaiser or Blue Shield will apply. Upon separation from service , the employee shall contribute any unused vacation leave, unused compensatory leave and up to 50% of unused sick leave, into a 401(a)(h) plan subject to the IRS limitations. For dental, the City shall provide dental benefits up to the single-party rate.

Should either the Kaiser or Blue Shield plans no longer be offered, the parties shall meet and confer on a substitute provider.

Effective January 1, 201 6, employees hired after June 7, 2011 shall contribute an amount equal to 2% of regular base monthly salary to a supplemental retirement plan created under IRC 401(a) and 401(h) and to be invested in a way chosen by the employees. Contributions to the supplemental retirement plan shall be on a “pick up” basis as defined in IRC 414(h)(2). This supplemental retirement plan allows the accrual of retiree health benefits. Contributions are divided 25% to the 401(h) or retiree health bucket, and 75% to the 401(a) or retiree income bucket. The plan will be administered by a third party administrator, Peery and Associates Inc. All plan expenses will be paid by the participants from the trust. Upon

separation from service, the employee shall contribute any unused vacation leave, Formatted: Font: Not Bold
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 20 unused compensatory leave and any unused sick leave that has not been converted to PERS Service Credit, into the plan, subject to IRS limitations.

The City is not responsible in any way for any contribution or “pick up” to the above-described supplemental retirement plan.

14.5 Other Postemployment Benefits Trust (OPEB Trust)

(a) City Contribution
The City will create an OPEB Trust for the purpose of setting aside and accumulating funds to be used to towards the payment of OPEB benefits for those sworn employees in the City’s Fire and Police Departments (“safety members”) who retire after January 1, 2019. In January 2016, the City shall make an initial deposit of $5 million dollars into the OPEB Trust. In January 2016 and in January of each of the nine years thereafter (January 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025), the City shall make an annual contribution of $250,000 to the OPEB Trust. The contributions described in this paragraph represent the City’s total contribution to the OPEB Trust on behalf of all safety members and is not a specific contribution that is made exclusively for the benefit of those individuals employed in classifications represented by the Association. If the creation of the OPEB Trust is still pending on any date on which the City’s contribution is due, the contribution shall be deposited in an interest bearing account that is separate from the City’s general fund until such time as the creation of the OPEB Trust is complete and the money, including any accumulated interest, can be transferred to the OPEB Trust. Contributions to the OPEB Trust, or to the interest bearing account holding funds to be transferred to the OPEB Trust upon its creation, are irrevocable and will not be used toward s the payment of OPEB benefits before January 1, 2019.
(b) The City will create an OPEB Trust for the purpose of setting aside and accumulating funds to be used to towards the payment of OPEB benefits for those sworn employees in the City’s Fire and Police Departments (“safety members”) who retire after January 1, 2019. In January 2016, the City will make an initial deposit of $5 million dollars into the OPEB Trust. In January 2016 and in January of each of the nine years thereafter, the City will make an annual contribution of $250,000 to the OPEB Trust. The c ontributions described in this paragraph represent the City’s total contribution to the OPEB Trust on behalf of all safety members and is not a specific contribution that is made exclusively for the benefit of those individuals employed in classifications represented by the AFCA. If the creation of the OPEB Trust is still pending on any date on which the City’s contribution is due, the contribution will be deposited in an interest bearing account that is separate from the City’s general fund until such tim e as the creation of the OPEB Trust is complete and the money, including any accumulated interest, can be transferred to the OPEB Trust. Contributions to the OPEB Trust, or to the interest bearing account holding funds to be transferred to the OPEB Trust upon its creation, are irrevocable and will not be used towards the payment of OPEB benefits before January 1, 2019.

(c)(b) Employees Hired On or Before June 7, 2011
Effective the first full pay period after January 1, 2016, employees hired on or before June 7, 2011 shall contribute an amount equal to 2% of top step base salary of a firefighter to an irrevocable trust (OPEB Trust) to fund the unfunded retiree medical obligations associated with the providing of retiree health benefits under Formatted: Indent: Left: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 21 this MOU. The contributions made by employees to the OPEB Trust shall be exclusively allocated for the expense of retiree health care benefits. There will be a one percent increas e in the employee contribution towards unfunded retiree medical obligations, effective the first full pay period following the dates listed:

 Effective the first full pay period after January 1, 2017, an increase of 1%, resulting in a total employee cont ribution of 3% of top step base salary of a firefighter.
 Effective the first full pay period after January 1, 2018 and continuing thereafter until modified by subsequent agreement, an increase of 1% resulting in a total employee contribution of 4% of top step base salary of a firefighter.

If the creation of the OPEB Trust is still pending on any date on which the Employee’s contribution is due, the contribution will be deposited in an interest bearing account that is separate from the City’s general fund until such time as the creation of the OPEB Trust is complete and the money, including any accumulated interest, can be transferred to the OPEB Trust. Contributions to the OPEB Trust, or to the interest bearing account holding funds to be transferred to the OPEB Trust upon its creation, are irrevocable and will not be used towards the payment of OPEB benefits before January 1, 2019.

(d)(c) Employees Hired After June 7, 2011
Effective the first full pay period after January 1, 2016, the contribution provided by employees hired after June 7, 2011 to the OPEB Trust will be equal to 1% of top step base salary of a firefighter.

Effective the first full pay period after January 1, 2017 and continuing thereafter until modified by subsequent agreement, the contribution provided by employees hired after June 7, 2011 to the OPEB Trust will be equal to 2% of top step base salary of a firefighter.

Prior to the end of the City contribution period, December 31, 2025, it is agreed that the City and Safety members will meet and confer to evaluate the performance of the Trust, and any contributions of the City and safety members thereafter will be mutually agreed to.

Nothing in these provisions is intended to modify the City’s obligation to provide Retiree Health and Dental benefits outlined in Section 14.4.

At the end of the City contribution period, it is agreed that the City and Safety members will meet to evaluate the performance of the Trust, and contributions of the City and safety members thereafter will be mutually agreed to, if any.

Nothing in these provisions is intended to modify the City’s obligation to provide Retiree Health Formatted: Indent: Left: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 22 and Dental benefits outlined in Section 14.4.

Section 15. Uniform Allowance

The annual uniform allowance for replacement and maintenance of uniforms, (including pants and shoes) shall be paid on a pay period basis. The During the term of this agreement, the annual uniform allowance shall be $2,000 beginning the first full pay period following January 1, 2022, an d for the term of the contract shall be increased by forty dollars ($40.00) each January beginning 2023. each year, by forty dollars ($40.00) and Tthe increase shall occur on the first Full Pay period of the year as follows:

January 202216 $ 2000
January 202317 $ 20401150
January 202418 $ 20801190
January 202519 $ 21201230
January 2020 $1270
January 2021 $1310

Section 16. Holidays

All employees in this Bargaining Unit will be paid additional compensation for holidays at the rate of 1/20.004 of their regular salaries. (See Amended Appendix A)

Suppression Assignment (Duty Chiefs)
Employees assigned to suppression will be paid additional compensation, referred to as Holiday-in-Lieu, for holidays at the rate of .075020 of their base salaries (not including additional pays).

Office Assignment
Employees assigned to an Office assignment shall be entitled to take the ten (10) authorized City Holidays listed below and three (3) floating holidays off but will not be eligible for holiday -in-lieu pay. For the purposes of this section employees working a compressed four-day, thirty-eight (38) hour work week shall be entitled to 9.5 hours per holiday. Employees who are absent from work without pay or are on an unpaid status for less than their full schedule of hours on either the scheduled work day before or after the day the holiday is observed, shall not be eligible for nor receive holiday pay.

For the purpose of this provision, the ten (10) City authorized holidays are: New Year's Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving, The Day after Thanksgiving Day, and Christmas Day.

Employees shall receive three floating holidays at the start of each year. Employees assigned to an Office assignment after January 1 shall receive prorated floating holidays based on the number of days remaining in the calendar year on their date of assignment and the hours will be placed in each member’s Floating Holiday Leave Bank. The three (3) floating Holidays are to be scheduled by mutual agreement between the employee and the Department Head or designated representative. If the employe e returns to suppression assignment, the Floating Holiday Leave balance will be removed and in turn the employee will receive Holiday-in-Lieu pay.

If any of the above holidays falls on Saturday, it shall be observed by the City on the Friday immediately p receding. If any of such holidays falls on a Sunday, it shall be Formatted: Heading 1, Left
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 23 observed by the City on the following Monday.

If one of the holidays listed above is observed by the City on an employee's normal day off the holiday hours for such day shall be added to the employee’s floating holiday bank once the holiday has passed, to be used within the calendar year.

If an employee is required to work on a holiday, the holiday hours for such day shall be added to the employee’s floating holiday bank once the holiday has passed, to be used within the calendar year.

Unused holidays cannot be cashed out.

For the purpose of this paragraph, the thirteen (13) holidays are New Year's Day,

Martin Luther King's Birthday, Lincoln's Birthday, Washington's Birthday, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving, the Day after Thanksgiving Day, Christmas Day, and two (2) Floating Holidays each calendar year, to be scheduled by mutual agreement between the employee and the Department Head or designated representative. The employees may take the two (2) floating holidays only after completion of twelve (12) months service with the City.

Section 17. Vacation

17.1 Vacation Scheduling
Vacation selection shall be made in order of decreasing departmental seniority.

The vacation selection process shall be commended no later than September 15 and completed no later than December 15 for the succeeding calendar year.

17.2 Vacation Benefits
Every employee who on the most recent anniversary date of his or her employment shall have been in the service of the City for a period of one (1) year or more, shall be entitled to a vacation as set forth below.

Thirty-Eight (38) Hour Workweek Employees

AFCA Vacation Accrual – 38 Hour Work Week
Years of
Service
Annual Accrual
(Days)
Annual Accrual
(Hours)
Per Pay Period
Accrual*
Hourly Accrual
Rate
0 - 3 10 80 3.0769 .0405
4 15 120 4.6153 .0607
5 - 6 16 128 4.9231 .0648
7 - 8 17 136 5.2308 .0688
9 - 10 18 144 5.5385 .0729
11 - 12 19 152 5.8462 .0769
13 20 160 6.1538 .0810
14 21 168 6.4615 .0850
15 22 176 6.7692 .0891
16 24 192 7.3846 .0972
17 -18 26 208 8.0000 .1053
19 - 21 28 224 8.6154 .1134
22 + 30 240 9.2308 0.1215
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 24 New employees through their 3rd year of services will accrue .0405 hours of vacation for every hour paid up to a total of 80 hours annually.

Beginning an employee’s 4th year anniversary date the employee will accrue .0607 hours of vacation for every hour paid up to a total of 120 hours annually.

Beginning an employee’s 5 th year anniversary date through their 6 th year of service the employee will accrue .0648 hours of va cation for every hour paid up to a total of 128 hours annually.

Beginning an employee’s 7 th year anniversary date through their 8 th year of service the employee will accrue .0688 hours of vacation for every hour paid up to a total of 136 hours annually.

Beginning an employee’s 9th year anniversary date through their 10th year of service the employee will accrue .0729 hours of vacation for every hour paid up to a total of 144 hours annually.

Beginning an employee’s 11 th year anniversary date through their 12th year of service the employee will accrue .0769 hours of vacation for every hour paid up to a total of 152 hours annually.

Beginning an employee’s 13 th year anniversary date the employee will accrue .0810 hours of vacation for every hour paid up to a total of 160 hours annually.

Beginning an employee’s 14 th year anniversary date the employee will accrue .0850 hours of vacation for every hour paid up to a total of 168 hours annually.

Beginning an employee’s 15 th year anniversary date the employee wil l accrue .0891 hours of vacation for every hour paid up to a total of 176 hours annually.

Beginning an employee’s 16 th year anniversary date the employee will accrue .0972 hours of vacation for every hour paid up to a total of 192 hours annually.

Beginning an employee’s 17 th year anniversary date through their 18 th year of service the employee will accrue .1053 hours of vacation for every hour paid up to a total of 208 hours annually.

Beginning an employee’s 19th year anniversary date through their 21st year of service the employee will accrue .1134 hours of vacation for every hour paid up to a total of 224 hours annually.

Beginning an employee’s 22 nd year anniversary date and every year thereafter the employee will accrue .1215 hours of vacation for ev ery hour paid up to a total of 240 hours annually.

Every employee who on the most recent anniversary date of his or her employment shall have been in the service of the City for a period of one (1) year or more and shall have been in a pay status a minimum of 1800 straight time hours (forty (40) hour workweek) or 2500 straight-time hours (fifty six (56) hour workweek) within the twelve (12) month period immediately preceding such anniversary date, shall be entitled to a vacation as follows:

Forty (40) Hour Workweek Employees
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 25 Ten (10) working days’ vacation with pay if he or she shall have been in the service of the City for a period of one (1) year or more but less than five (5) years prior to such anniversary date.

Fifteen (15) working days’ vacation with pay if he or she shall have been in the service of the' City for a period of five (5) years or more but less than six (6) years prior to such anniversary date.

Sixteen (16) working days' vacation with pay if he or she shall have been in the service of the City for a period of six (6) years or more but less than eight (8) years prior to such anniversary.

Seventeen (17) working days' vacation with pay if he or she shall have been in the service of the City for a period of eight (8) years or more but less than ten (10) years prior to such anniversary.

Eighteen (18) working days’ vacation with pay if he or she shall have been in the service of the City for a period of ten (10) years but less than twelve (12) years prior to such anniversary date.

Nineteen (19) working days’ vacation with pay if he or she shall have been in the service of the City for a period of twelve (12) years but less than fourteen (14) years prior to such anniversary date.

Twenty (20) working days’ vacation with pay if he or she shall have been in the service of the city for a period of fourteen (14) years but less than fifteen (15) y ears prior to such anniversary date.

Twenty-one (21) working days’ vacation with pay if he or she shall have been in the service of the city for a period of fifteen(15) years but less than sixteen (16) years prior to such anniversary date.

Twenty-two (22) working days’ vacation with pay if he or she shall have been in the service of the City for a period of sixteen (16) years but less than seventeen (17) years prior to such anniversary date.

Twenty-four (24) working days’ vacation with pay if he or she shall have been in the service of the City for a period of seventeen (17) years or more but less than eighteen (18)) years prior to such anniversary date.

Twenty-six (26) working days’ vacation with pay if he or she shall have been in the service of the City for a period of eighteen (18) years or more but less than twenty (20) years prior to such anniversary date.

Twenty-eight (28) working days' vacation with pay if he or she shall have been in the service of the City for a period of twenty (20) years or more but less than twenty three (23) years prior to such anniversary date.

Thirty (30) working days’ vacation with pay if he or she shall have been in the service of the City for a period of twenty three(23) years or more prior to such anniversary date.

Fifty-six (56) Hour Workweek Employees
Six (6) shifts of vacation with pay if he or she shall have been in the service of the City for a period of one (1) year or more but less than five (5) years prior to such anniversary date.

Nine (9) shifts of vacation with pay if he or she shall have been in the service of the City for a Formatted: Indent: Left: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 26 period of five (5) years or more but less than fifteen (15) years prior to such anniversary date.

Twelve (12) shifts of vacation with pay if he or she shall have been in the service of the City for a period of fifteen (15) years but less than twenty (20) years prior to such anniversary date.

Thirteen (13) shifts of vacation with pay if he or she shall have been in the service of the City for a period of twenty (20) years but less than twenty three (23) years prior to such anniversary date.

Fourteen (14) shifts of vacation with pay if he or she shall have been in the service of the City for a period of twenty three (23) years or more.

Fifty-six (56) Hour Workweek Employees

AFCA Vacation Accrual – 56 Hour Week
Years of
Service
Annual Accrual
(Days)
Annual Accrual
(Hours)
Per Pay
Period
Accrual*
Hourly Accrual
Rate
0 – 3 6 144 5.5385 .0495
4 - 13 9 216 8.3077 .0741
14 - 18 12 288 11.0769 .0989
19 - 21 13 312 12.0000 .1071
22+ 14 336 12.9231 .1154
* Accrual method discontinued by implementation of Tyler Munis ERP System

New employees through their 3rd year of services will accrue .0495 hours of vacation for every hour paid up to a total of 144 hours annually.

Beginning an employee’s 4th year anniversary date through their 13th year of service the employee will accrue .07411 hours of vacation for every hour paid up to a total of 216 hours annually.

Beginning an employee’s 14 th year anniversary date through their 18 th year of service the employee will accrue .0989 hours of vacation for every hour paid up to a total of 288 hours annually.

Beginning an employee’s 19th year anniversary date through their 21st year of service the employee will accrue .1071 hours of vacation for every hour paid up to a total of 312 hours annually.

Beginning an employee’s 22 nd year anniversary date and every year thereafter the employee will accrue .1154 hours of vacation for every hour paid up to a total of 336 hours annually.

17.3 Vacation Accumulation
Employees may accumulate no more than eighty (80) hours for non-suppression assignments or one hundred forty-four (144) hours for suppression assignments, as the case may be, of vacation in addition to the employee's regular, annual vacation accrual entitlement, at any one time. In the event this maximum accumulation level is reached, the employee will temporarily stop accruing vacation until they use vacation time and their accumulation level is again below the maximum level.

An employee may submit in writing a request to accumulate vacation in excess of the Formatted: Indent: Left: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 27 maximum set forth above. Such excess accumulation may be approved, at the sole discretion of the City Manager, on a case by case basis, based on consideration including but not limited to denial of requested vacation due to staffing concerns.

Except as so limited, earned vacation not used may be accrued and carried over from year to year without limitation.

The City uses a per pay period based accrual system. Employees may accumulate no more than eighty (80) hours for non-suppression assignments or one hundred forty-four (144) hours for suppression assignments, as the case may be, of vacation in addition to the employee's regular, annual vacation accrual entitlement, at any one time. In the event this maximum accumulation level is reached, the employee will temporarily stop accruing vacation until he/she uses vacation time and their accumulation level is again below the maximum level. An employee may submit in writing a request to accumulate vacation in excess of the maximum set forth above. Such excess accumulation may be approved, at the sole discretion of the City Manager, on a case by case basis.

Except as so limited, earned vacation not used may be accrued and carried over from year to year without limitation.

17.4 Vacation Pay at Termination
Employees who leave City employment after completing one (1) year of service with the City shall be paid for all of the vacation leave credited to their account at the time of such termination of employment plus a pro rata share of the vacation the employee would have earned for the current year. This provision does not apply to those hired after June 7, 2011, in accordance with Section 14.4 (b).

17.5 Vacation Paycheck
The City agrees to deposit an employee's paycheck in his or her bank account if authorized by such employee, and if such employee is out of town on vacation on a pay day. The deposit of an employee's paycheck while an employee is on vacation shall be in accordance with procedures developed by the City Finance Director.

Section 18. Sick Leave

18.1 Benefits
The City will uses an hour for hour based accrual system with accruals earned for each hour paid. Paid hours include 4850 payments but exclude hours paid for overtime, temporary disability, or paid by other outside sources. Employees shall accrue at the following rate:

Standard Work Week Annual Accrual (Hours) Hourly Accrual Rate 38 Hours 96 .0486
56 Hours 144 .0495

Sick leave usage shall not be considered as a privilege which an employee may use at their discretion, but shall be allowed only in case of necessity of actual sickness or disability.

A working day is eight (8) hours for employees who work a forty (40) hour or thirty- Formatted: Normal, Right: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 28 eight (38) hour workweek and twelve (12) hours for employees who are assigned to a fifty-six (56) hour workweek. Records of sick leave usage shall be kept on the basis of hours used.

In no event shall sick leave be converted into a cash bonus. Sick leave may not be used before it is earned or during any other City compensation time off provision except as provided for in G.O.B. 2-23.

Effective July 2, 1981 regular and probationary employees shall accrue sick leave at the rate of one (1) working day per month, provided they have been in a pay status one hundred sixty (160) straight -time hours that month for forty (40) hour workweek employees and two hundred twenty-four (224) straight-time hours for fifty-six (56) hour workweek employees. Sick leave usage shall not be considered as a privilege which an employee may use at his or her discretion, but shall be allowed only in case of necessity of actual sickness or disability.

A working day is eight (8) hours for employees who work a forty (40) hour workweek and twelve (12) hours for employees who are assigned to a fifty six (56) hour workweek.

Records of sick leave usage shall be kept on the basis of hours used.

18.2 Notification Requirement
In order to receive compensation when absent on sick leave, the employee shall notify his or her immediate supervisor one (1) hour prior to the scheduled time for beginning his or her work duties of his or her impending absence.

18.3 Doctor's Certificate or Other Proof
A personal affidavit may be required for any period of absence for which sick leave is claimed; however, when absence is for three (3) c onsecutive days, at the discretion of the employee's supervisor the employee may be required to file a physician's certificate with the Department Head stating the cause of the absence and certifying that such employee is not able to perform the duties of the employee's employment; and provided, further that, when absence is for more than five (5) consecutive workdays, the employee shall file a physician's certificate with the Department Head stating the cause of the absence and certifying that such employe e is not able to perform the duties of the employee's employment.

18.4 Illness in the Immediate Family
Family illness leave shall be provided in accordance with applicable state law. Domestic partners shall be considered family members under this section.

Excepts as provided below, an employee may use up to one -half of their annual sick leave accrual in any calendar year to attend to the illness of a child, parent or parent in- law, spouse or domestic partner, grandparent, grandchild, or sibling.

Where an employee is on an approved protected leave (FMLA/CRFA related to a family illness), they may use up to 12 work weeks of sick leave to care for the family member.

For example, an employee who works 38 hours per week will be entitled to use 456 hours of sick leave while on an approved family related protected leave to care for their family member. The employee will be required to leave related documentation as Formatted: Normal, Right: 0"
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 29 requested by the City.

Where an employee is on an approved protected leave for the purpose of Baby Bonding, the employee may use up to ten work weeks of sick leave while on an approved protected leave for the purpose of Baby Bonding. For example a 38 hour employee may use up to 380 hours of sick leave while on an approved protected leave for purpose of baby bonding.

18.5 Sick Leave During Probationary Period
No sick leave shall be granted during the original six (6) months of employment with the City. However, when an employee has been employed by the City for six (6) months, Ssick leave accumulation with pay shall be allowed for time worked in the probationa ry status. , provided the one hundred sixty (160) straight -time hours or one hundred fifty (150) straight-time hours, as the case may be, per month work requirement has been met.

18.6 Incentive Program for Employees Not Using Sick Time Employees who u se 0 (zero) hours of sick leave during the 12 month calendar year shall receive 24 hours of leave for suppression employees, or 10 hours of leave for members assigned to a 40 hour work week position, in January of the succeeding year.

Leave hours provided under this program must be used no later than the end of the final full pay period in the year in which hours are granted or they will be forfeited.

Leave hours may not be converted to cash.

Section 19. Leaves of Absence

19.1 Leave Without Pay
The City Manager may grant regular employees a leave of absence without pay. No leave shall be granted except upon written request of the employee. Such requests shall be submitted to the City Manager. Such l eave shall normally he granted to permit the employee to engage in activities that will increase his or her value to the City upon return, or because of sickness, injury or personal hardship. Employees may not be granted a leave of absence until all accrued vacation is taken. Failure on the part of an employee on leave to report promptly at its expiration shall result in dismissal of the employee.

Vacation and sick leave credits shall not accrue to an employee on leave of absence.

The decision of the City Manager on granting or refusing to grant a leave of absence or extension there of shall be final and conclusive and shall- not be subject to the grievance procedure of this Memorandum of Understanding.

19.2 Jury Duty
An employee summoned to jury duty shall inform his or her supervisor and, if required to serve, may be absent from duty with full pay only for those hours required to serve.

19.3 Military Leaves of Absence
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees.

19.4 Maternity Leave/Family Medical Leave/Protected Leave Rights Protected Leave including leave under the federal Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the California Pregnancy Disability Leave law shall be made available to eligible association members per the applicable federal and state law.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 30 Where an employee is on an approved protected leave (FMLA/CFRA/PDL) related to their own illness or to care for an ill family member, they may use up to 12 work weeks of sick leave. For example an employee who works 38 hours per week will be entitled to use 456 hours of sick leave while on an approved protected leave related to their own illness or to care for an ill family member. The employee will be required to provide leave related documentation as requested by the City.

Where an employee is on an approved protected leave for the purpose of Baby Bonding, the employee may use up to ten work weeks of sick leave. For example, a 38 hour employee may use up to 380 hours of sick leave while on an approved protected leave for the purpose of Baby Bonding.

Family Medical Leave shall be subject to applicable federal and state laws.

19.5 Industrial Disability Leave
Employees who suffer any disability arising out of and in the course of their employment, as defined by the Workers ' Compensation Laws of the State of California, shall be entitled to disability leave while so disabled for the period of such disability to a maximum of one (1) year or retirement, whichever occur s first. Compensation benefits shall be determined and paid in accordance with the Workers' Compensation Laws of the State of California. Integration of sick leave with Workers, Compensation is to be automatic; the City may not waive integration, and any employee entitled to Workers' Compensation must apply, therefore, before sick leave benefits are payable

The City reserves the right to withhold payment of any disability benefits until such time it is determined whether or not the illness or injury is covered by Workers' Compensation.

19.6 Funeral Leave
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exceed three (3) days [f ive (5) for the purposes of spouse, parent or child], regularly scheduled days for Office Chiefs and three (3) regularly scheduled working shifts for suppression Division Chiefs. This provision does not apply if the death occurs while the employee is on l eave of absence, layoff, or sick leave.

For the purpose of this provision, the immediate family shall be restricted to father, mother, brother, sister, spouse, domestic partner, child, mother -in-law, father -in-law, grandparents, grandchildren, step-parents or stepchildren where there is a child-rearing relationship. At the request of the City, the employee will furnish a death certificate and proof of relationship.

Funeral leave applies only in instances in which the employee attends the funeral, or is required to make funeral arrangements, but is not applicable for other purposes such as settling the estate of the deceased.

19.7 Catastrophic Leave Bank
The City agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Catastrophic Leave Bank (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and dr awn down Formatted: Font: Not Bold
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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 31 from the CLB by the eligible employee.

Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular full -time employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debi litating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker's Compensation.

Benefits
Accrued vacation and compensatory time off hours donated by other employees will be converted to sick leave and credited to the receiving employee's sick leave time balance on an hour-for-hour basis and shall be paid at the rate of pay of the receiving

employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue, with the exception of sick leave and vacation accrual. The total leave credits received by an employee will not normally exceed three months. However, if approved by the Department Head and the Human Resources Director the total leave credits may be extended on a case by case basis, subject to review by the City Manager or designee.

Guidelines for Donating Leave Credits to the Time Bank
a. Accrued vacation leave and compensatory time off may be donated by any regular full-time employee who has completed his/her initial City probationary period.

b. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the receiving employee's sick leave balance on an hour for hour basis and shall be paid at the rate of pay of the receiving employee.

c. The total amount of time donated to one employee by another employee shall not exceed forty (40) hours. The total leave credits received by the employee shall not exceed three months; however, the Human Resources Director may approve an extension to six months total time.

d. Initial leave time donations must be a minimum of one work shift. An employee cannot donate leave hours that would reduce his/her vacation balance to less than one week.

e. The use of donated leave hours will be in consecutive one-shift increments.

f. While an employee is on leave using donated leave hours, no vacation or sick leave hours will accrue.

g. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. In the event that the receiving employee does not use all transferred leave for the catastrophic illness/injury, any balance will remain with that employee until that employee's separation

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 32 from City service.

h. Taxability of leave donated or received under this program will be governed by Internal Revenue Service guidelines.

i. For the purpose of the Section, "immediate family member" as referenced under

j. Under extenuating and extraordinary circumstances and upon recommendation of the Human Resources Director the City Manager may grant exceptions on a case-by-case basis. Such exceptions shall not establish pract ice or precedence.

It is further understood that Catastrophic Leave will not apply to employees receiving Workers Compensation or SDI benefits. These issues are under legal review and may require further explanation and amendment.

This special leave time may not be cashed out.

Section 20. Probationary Period

All original and promotional appointments shall be subject to a probationary period. The probationary period shall be regarded as part of the testing process 'and shall be utilized for closely observing the employee's work for securing the most effective adjustment of a new employee to his or her position and for rejecting any probationary employee, whose performance does not meet the required standards of work.

The probationary period for employees is twelve (12) months.

During the probationary period, an employee may be rejected at any time by the City Manager without cause and without the right to appeal.

Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he or she wa s promoted, unless he or she is discharged.

Section 21. Layoff and Re-employment -- Furloughs

Seniority is defined as the length of continuous paid employment and leave with pay status with the Cit y calculated from the date of original hire, including the probationary period, as a full -time employee. Time spent in a leave without pay status shall be excluded.

In reduction of forces, the last employee hired in each classification shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable of performing the work required.

Employees who are laid off or who elect to demote or transfer in lieu of a layoff, shall have re-employment rights to the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 33 Services with the City shall he terminated by:

(1) Discharge, retirement, resignation or any termination of employee status;

(2) Failure to return to work within seven (7) calendar days when recalled from layoff;

(3) Failure to return to work upon expiration of an authorized leave of absence;

(4) Leave without pay status for a continuous period of twenty -four (24) months or more;

(5) Layoff status for a continuous period of twenty-four (24) months or more.

When a layoff becomes necessary, the Personnel Department will provide layoff

instructions to the affected departments with a copy to the Association.

Before any permanent full -time employee is laid off all other categories of employees in the affected classifications will be separated.

An employee subject to layoff will be allowed, in lieu of a layoff, to:

(1) Demote to a lower paying classification previously held by the employee in the City;

(2) Transfer to the same classification in another department.

An employee who has re -employment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off.

An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee re -employed after a layoff shall retain all vacat ion and sick leave accruals that the employee did not receive compensation for at the time of layoff.

If the City decides to subcontract work and such work would result in the layoff of a full - time employee, the City will notify the Association within thi rty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the work.

Section 22. Discharge

22.1 Right of Discharge
The City shall have the right to discharge any employee for dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to perform work as required or to observe the City's safety and house rules and regulations which must be conspicuously posted and not in derogation of the Memorandum of Understanding, or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 34 22.2 Appeals
If a permanent employee feels he/she has been unjustly discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Section 24.5).

Such appeal must be filed with the City Manager o r the Civil Service Board by the Association in writing within seven (7) calendar days from the date of discharge and unless so filed the right of appeal is lost.

Any discharged employee shall be furnished the reason for his or her discharge in writing.

Section 23. Personnel Files

An employee or his or her representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file on request. The City shall furnish the employee copies of all performance evaluation reports and

letters of reprimand or warning prior to placement of such documents into the employee's personnel file. The employee may be required to acknowledge the receipt of any document entered into his personnel file without prejudice to subsequent arguments concerning the contents of such documents.

Section 24. Grievance Procedure

A grievance shall be defined as any dispute arising during the term of the Memorandum of Understanding which involves the interpretation or application of any provision of this Memorandum of Understanding during its term, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure.

24.1 Initial Discussions
Any employee who believes that he or she has a grievance may discuss his or her complaint with the top management official in the department in which he or she works, or with such subordinate management official as the department head may designate. If the issue is not resolved within the department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or she is assigned, the procedures hereafter specified may be invoked.

24.2 Referral to City Manager
Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under subsection 24.3 below which has not first been filed and investigated in pursua nce of this subsection

24.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the Adjustment Board.

24.3 Adjustment Board
In the event the Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance” is herein above defined) which arises and is presented during the term of the Memorandum of Understanding, such grievance

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 35 shall be submitted to an Ad justment Board comprised of three (3) employee representatives, and three (3) representatives of the City. The Association shall be an indispensable party to any grievance which-is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same.

If an Adjustment Board is unable to arrive at a majority decision, either the grievant, the Association or the City may request that the grievance be referred to the City Manager, or arbitration.

No Adjustment Board or Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as herein above set forth in paragraph (1) of this Section.

Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary thereto shall not be grievable and no proposal to modify, amend or terminate this Me morandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Memorandum of Unde rstanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No changes in the Memorandum of Understanding or interpretations thereof will be recognized unless agreed to by the City Manager and the Association.

24.4 City Manager and Arbitration
If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and of the Association shall meet promptly to select a mutually acceptable arbitrator. A hearing before the arbitrator shall be held as soon as practical and the arbitrator shall render a decision which shall be advisory to the City Manager. If the City Manager declines to follow the arbitrator's decision, he shall state his reason for doing so in writing. The cost of arbitration shall be borne equally by the City and the Association.

24.5 Matters excluded from the Grievance Procedure of the Memorandum of Understanding
Employee disciplinary matters in those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Civil Service Ordinance, or the Civil Service Rules and Regulations which are adopted pursuant to the City Charter, which provisions pertain to discharge, discipline, and examination and promotion procedures, the appeal procedures contained therein shall be utilized.

24.6 Disciplinary Action
No grievance involving the discipline of an employee will be entertained unless it is filed in writing by the Association with the City Manager or Civil Service Board within seven (7) calendar days from the date of the notification of the action. A copy of the notification shall be sent to the Association.

MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 36 24.7 Pay Claims
All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than sixty (60) days from the date of filing.

Section 25. Outside Employment

No full-time employee shall engage in employment that constitutes a conflict of interest for the employee or the City. No employee shall engage in outside employment d uring his/her regular working hours. No uniform, emblem, badge or other employee identification shall be worn by any person while in the employment of someone other than the City. All requests by the employee for permission to engage in outside employment shall be made on a form provided by the City. No employee shall accept or continue employment other than occasional work from other than the City of Alameda without the approval of the City Manager, which may he withheld only if such

employment constitutes a conflict of interest for the employee or the city or which would interfere with the employee's ability to perform his or her City job.

Section 26. Miscellaneous

26.1 Bilingual Pay Policy
In accordance with the City's Bilingual Pay Policy, the Human Resources Department will designate the language to which they pay will apply and assign employees accordingly. The Bilingual Pay differential is fortyfifty-sixtwo dDollars ($5642.00) per month.

26.2 Drug Free Work Place
The parties agree to the City's Drug Free Work Place Policy and Testing Procedure.

26.3 Paramedic Assistant Differential
An employee who has a valid and current EMT -1 certificate or higher and who has successfully completed Paramedic Assistant training and is assigned to perform work as a Paramedic Assistant shall be compensated an additional four percent (4%) of top step Firefighter salary. (See Amended Appendix A)

26.4 Residence
Employees may reside within the City, or within a geographical area located in and limited to an area which permits a time of response, using the most direct and feasible surface route in compliance with the legal vehicular speed limits, from place of residence to place of work not exceeding fifty (50) minutes.

Employees may reside within an area which permits an employee to be called back to work.

26.5 Education RequirementsCareer Development
Employees promoting into the AFCA would be required to complete the current State Office of the Fire Marshall, Chief Fire Officer Curriculum within thirty months of promotion. Existing AFCA employees as of January of 2022 would be required to complete the curriculum within two yearsthirty six months of Alameda’s City Council approval of the Memorandum of Understanding between the City and AFCA.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 37 Employees who do not complete the curriculum will be subject to discipline. The thirty month time limit would be waived if employee was on disability for the period of time the employees is on disability or if employee could demonstrate they had attempted to attend classes and had been unable to because of work load or unavailability of classes. At the discretion of the Fire Chief with concurrence of the City Manager the completion date can be extended.

City will pay or reimburse for training course registration fee. Travel expenses would be covered if the class was more than 60 miles from the employee’s home and classes were not available at a location within 60 miles and had not been available at a location within 60 miles in the previous six months. Release time for training will depend on the employee’s schedule. If training occurs on an employee’s regularly scheduled day they will be paid regular time (On duty detail (ODD) status).

Employees may have to attend training on a day off.

The parties agree should the minimum qualifications for Division Chief be updated to require the training listed above, the new requirements would supersede this provision.

Employees may reside within the City, or within a geographical area located in and limited to an area which permits a time of response, using the most direct and feasible surface route in compliance with the legal vehicular speed limits, from place of residence to place of work not exceeding fifty (50) minutes.

Section 27. “Exclusive Use” City Vehicles

Effective upon ratification, all AFCA members will be assigned an “Exclusive Use” City vehicle in accordance with Administrative Policies and Procedures regarding “Vehicle and Equipment Use Maintenance Policy” which will be updated and amended. The use of these vehicles includes necessary se rvice, maintenance, and City gasoline for City business use subject to City policies and practices.

The vehicle use policy will reflect the following three points:

1) The cars will be marked and used exclusively for official City business.

2) Employees issued vehicles will keep a mileage log that can be audited at any time by the Chief of their respective division or by the City Manager or his or her designee.

3) An unexcused violation of the Vehicle Use Policy will be a terminable offense.

Section 28. Separability of Provisions

Should any section, clause or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.

Upon such invalidation the parties agree to meet and confer concerning substitute provisions rendered or declared illegal.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 38 Section 29. Past Practices and Existing Memoranda of Understanding

29.1 Continuance of working conditions and practices not specifically authorized by ordinance or resolution of the City Council is not guaranteed by this Memorandum of Understanding.

29.2 This Memorandum of Understanding shall supersede all existing Memorandum of Understanding between the City and the Association.

Section 30. Meet and Confer

The City Manager may request meet and confer discussions between the parties concerning changes in service levels during the term of this MOU. The City Manager will notify the AFCA President in writing when making such request. This in no way precludes the Association and the City from collaborating and using the basic tenets of their working relationship, cooperation, teamwork and consilience, in order to resolve service delivery issues outside of the formal meet and confer requirements.

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MOU-City of Alameda & Alameda Fire Chiefs Association (121-19-202115 to 12-3118-202521) 39 SIGNATURE PAGE

MEMORANDUM OF UNDERSTANDING

Between

CITY OF ALAMEDA
And

ALAMEDA FIRE CHIEFS ASSOCIATION

November December 19, 202115 and ending December December 3118, 20251

Made and entered into this______ day of May, 2022.

ALAMEDA FIRE CHIEFS CITY OF ALAMEDA

ASSOCIATION

By: _________________________ By: ___________________________ Justin Hearn (AFCA Secretary) Gerry Beaudin
Interim City Manager

By: _________________________
Christopher Marks (AFCA President)

By: __________________________

APPROVED AS TO FORM

By: ___________________________
Yibin Shen
City Attorney

MOU-City of Alameda & Alameda Fire Management Association (6-30-2013 to 6-24-2017)

Alameda City CouncilMay 3, 2022

Alameda City Council
May 3, 2022