Alameda City Council
December 17, 2024

MEMORANDUM OF UNDERSTANDING

Between

CITY OF ALAMEDA

and

ALAMEDA FIRE CHIEFS ASSOCIATION

December 19, 2021 – December 31, 2025

Amended December 17, 2024

MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) 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 ________________________________________ 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 ______________________________________________ 4

10.3 Administrative Leave Bank __________________________________ 5 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 ____ 7

11.3 Retention/ Longevity Pay ___________________________________ 8 Section 12. Salaries ______________________________________________ 8

12.1 Rates of Pay _____________________________________________ 9

12.2 Starting Rate _____________________________________________ 9

12.3 Step Increases ___________________________________________ 9

12.4 Conversion Rate _________________________________________ 10

12.5 Deferred Compensation ___________________________________ 10

12.6 Mutual Aid ______________________________________________ 10 Section 13. Health and Welfare ____________________________________ 10

MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) ii

13.1 Flexible Benefit Plan ______________________________________ 10

13.2 Dental Insurance ________________________________________ 11

13.3 Vision Coverage _________________________________________ 12

13.4 Life Insurance ___________________________________________ 12

13.5 IRC Section 125 _________________________________________ 12

13.6 Employee Assistance Program _____________________________ 12 Section 14. Retirement Plan ______________________________________ 12

14.1 (a) Employees Hired Before January 1, 2013 ___________________ 12

14.1 (b) Employees Hired On Or After January 1, 2013 _______________ 13

14.2 Retirement Plan Final Compensation Calculation: _______________ 13

14.3 Public Service Credit For Federal or State Firefighter Service ______ 13

14.4 Retiree Health and Dental Benefit ___________________________ 14

14.5 Other Postemployment Benefits Trust (OPEB Trust) _____________ 15 Section 15. Uniform Allowance ____________________________________ 17 Section 16. Holidays ____________________________________________ 17 Section 17. Vacation ____________________________________________ 18

17.1 Vacation Scheduling ______________________________________ 18

17.2 Vacation Benefits ________________________________________ 18

17.3 Vacation Accumulation ____________________________________ 18

17.4 Vacation Pay at Termination _______________________________ 19 Section 18. Sick Leave ___________________________________________ 19

18.1 Benefits ________________________________________________ 19

18.2 Notification Requirement __________________________________ 20

18.3 Doctor's Certificate or Other Proof ___________________________ 20

18.4 Illness in the Immediate Family _____________________________ 20

18.5 Sick Leave During Probationary Period _______________________ 20

18.6 Incentive Program for Employees Not Using Sick Time ___________ 20 Section 19. Leaves of Absence ____________________________________ 20

19.1 Leave Without Pay _______________________________________ 21

19.2 Jury Duty ______________________________________________ 21

19.3 Military Leaves of Absence _________________________________ 21

19.4 Maternity Leave/Family Medical Leave/Protected Leave Rights ____ 21

19.5 Industrial Disability Leave __________________________________ 21

19.6 Funeral Leave ___________________________________________ 22

19.7 Catastrophic Leave Bank __________________________________ 22

MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) iii
Section 20. Probationary Period ______________ Error! Bookmark not defined.

Section 21. Layoff and Re-employment -- Furloughs __________________ 24 Section 22. Discharge ___________________________________________ 25

22.1 Right of Discharge _______________________________________ 25

22.2 Appeals ________________________________________________ 25 Section 23. Personnel Files _______________________________________ 26 Section 24. Grievance Procedure __________________________________ 26

24.1 Initial Discussions ________________________________________ 26

24.2 Referral to City Manager __________________________________ 26

24.3 Adjustment Board ________________________________________ 26

24.4 City Manager and Arbitration _______________________________ 27

24.5 Matters excluded from the Grievance Procedure of the Memorandum of Understanding ________________________________________________ 27

24.6 Disciplinary Action _______________________________________ 27

24.7 Pay Claims _____________________________________________ 27 Section 25. Outside Employment __________________________________ 28 Section 26. Miscellaneous ________________________________________ 28

26.1 Bilingual Pay Policy ______________________________________ 28

26.2 Drug Free Work Place ____________________________________ 28

26.3 Paramedic Assistant Differential _____________________________ 28

26.4 Residence ______________________________________________ 28

26.5 Career Development _____________________________________ 28

26.6 Remote Work Policy ______________________________________ 29

26.7 Fire Department Reorganization_____________________________ 29 Section 27. “Exclusive Use” City Vehicles __________________________ 30 Section 28. Separability of Provisions ______________________________ 30 Section 29. Past Practices and Existing Memoranda of Understanding __ 30 Section 30. Meet and Confer ______________________________________ 30 SIGNATURE PAGE ______________________________________________ 31 AMENDED APPENDIX "A" – Salary Schedule__ _____________________ 32

APPENDIX "B" - Transferring 1082 Pension System Members TO PERS__ 33

1 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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, hours 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 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. Effective December 29, 2024 t he classification of AFCA members shall consist of two (2) Deputy Chiefs and three (3) Division Chiefs. A member working in the Deputy Chief classification and/or Division Chief classification shall receive pay in accordance with section 11.1 of this agreement.

1.2 City Recognition
The Municipal Employee Relations officer of the City of Alameda or any person or organization duly 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. 15735 adopted by the City Council on January 19, 2021.

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 be observed in the withholding of employee earnings:

(1) Payroll deductions shall be for a specific amount as described within the Alameda Fire Chiefs Association Bylaws shall not include fines, fees and/or assessments. Dues deduction shall be made only upon the employee’s written authorization on a payroll deduction form provided by the Association.

Authorization, cancellation or modification of payroll deduction shall be made upon forms provided or approved by the Association. The voluntary payroll

2 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee. Employees 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 transmitted to the Treasurer of the Association 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 representation 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

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

3 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 granted 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 shall 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 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.

Section 7. Advance Notice

Except in cases of emergency, reasonable advance written notice shall be given the

4 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 announcements 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, commissions 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 in 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 there 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, ancestry, physical disability (including HIV and AIDS), mental disability, 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, against any employee or applicant for employment by the Association or by the City or by anyone employed by the City.

Section 10. Hours of Work

10.1 Work Schedule

Association members in an administrative assignment are assigned a fixed four- day forty (40) hour per week schedule.

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
Beginning January 1, 2025 and ending June 30, 2025, any Deputy Chief that works a shift as a suppression Battalion Chief from an off-duty day, shall be compensated hour for hour at Deputy Chief straight time base salary at Step 5 (base yearly rate divided by 2080 hours) with the below listed incentives included.

5 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

A Division Chief that works an extra shift as a suppression Battalion Chief from an off-duty day, shell be compensated hour for hour at the Division Chief straight time base salary at Step 5 (base yearly rate divided by 2080)_Division Chief with the below listed incentives included.

Incentives included in the pays described above are:

• 10-year retention pay
• 15-year retention pay
• 20-year retention Pay
• Management Incentive Pay 1 (20-year rate)
• Management Incentive Pay 2 or 3 (20-year rate)
• Paramedic Assistant Pay

Members of the International Association of Firefighters (IAFF) bargaining unit will have the first right of refusal to staff the Battalion Chief Classification and positions.

If the shift remains unfilled, AFCA members may volunteer to fill the suppression Battalion Chief vacancies. If no AFCA member volunteers, the mandatory staffing of the position will go back to the IAFF bargaining unit.

AFCA will not be offered any shift as Battalion Chief if it would result in overstaffing of the shift beyond the minimum staffing for that day, unless there is no qualified on duty member of the IAFF bargaining unit available to act for the position.

10.3 Administrative Leave Bank
Administrative Leave Bank AFCA members shall 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.

Upon implementation of department reorganization and conversion of all AFCA members to Administrative Assignment, AFCA members provided Administrative Leave under this paragraph shall have leave converted to the administrative rate and this paragraph will be null and void. 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.

Administrative 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

6 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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
In recognition of the unique nature of the Alameda Fire Chiefs Association member’s job responsibilities and special skills, knowledge and abilities that are required, are granted Management Incentive Pay Level 1 which is equivalent to ten (10) standard w ork weekdays per fiscal year. The employee will receive an additional 2.75% for suppression staff calculated on their base annual salary plus the retention/longevity benefit or 4.25% for members working an administrative assignment calculated on their base annual salary plus their retention/longevity benefit. AFCA members will receive monetary compensation for Management Incentive Pay Level 1 in 26 installments per year. The compensation is paid as earned for normally required duties performed during normal work hours. It is not compensation in lieu of overtime or in lieu of other benefits that are excluded from consideration under the statues and regulations of the Public Employees’ Retirement System. If a salary adjustment occurs 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 Salary Schedule)

For Example:

MIP Level 1 (Suppression) with 20-year Retention/Longevity Pay:

= 2.75% x (Base + 10-year Retention/Longevity + 15-year Retention/Longevity + 20-year Retention/Longevity)

MIP Level 1 (Non-Suppression) with 20-year Retention/Longevity Pay:

= 4.25% x (Base + 10-year Retention/Longevity + 15-year Retention/Longevity + 20-year Retention/Longevity)

Management Incentive Pay Level 2
In recognition of the unique nature of the Alameda Fire Chiefs Association member’s job responsibilities and special skills, knowledge and abilities that are required while 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 employee will receive an additional 5% calculated on their base annual salary plus their retention/longevity benefit . 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

7 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

the effective date of the adjustment using the above formula. The compensation is paid as earned for normally required duties performed during normal work hours.

It is not compensation in lieu of overtime or in lieu of other benefits that are excluded from consideration under the statues and regulations of the Public Employees’ Retirement System. Management Incentive Pay shall be administered as per 2 C. C. R. 571 (a) (1). (See Amended Appendix A Salary Schedule)

For Example:

MIP Level 2 (Non-Suppression ONLY) with 20-year Retention/Longevity Pay:

= 5% x (Base + 10-year Retention/Longevity + 15-year
Retention/Longevity + 20-year Retention/Longevity)

Management Incentive Pay Level 3
In recognition of the unique nature of the Alameda Fire Chiefs Association member’s job responsibilities and special skills, knowledge and abilities that are required while working the Deputy Fire Chief assignment, qualify for Management Incentive Pay Lev el 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 empl oyee will receive an additional 5% calculated on their base annual salary plus their retention/longevity benefit . AFCA members will receive monetary compensation for Management Incentive Pay Level 3 in 26 installments per year. If a salary adjustment occ urs 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. The compensation is paid as earned for normally required duties performed during normal work hours.

It is not compensation in lieu of overtime or in lieu of other benefits that are excluded from consideration under the statues and regulations of the Public Employees’ Retirement System. Management Incentive Pay shall be administered as per 2 C. C. R. 571 (a) (1). (See Amended Appendix A Salary Schedule)

For Example:

MIP Level 3 (Non-Suppression ONLY) with 20-year Retention/Longevity Pay:

= 5% x (Base + 10-year Retention/Longevity + 15-year
Retention/Longevity + 20-year Retention/Longevity)

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

Acting Pay/Temporary Upgrade Pay
An employee who is assigned by the Fire Chief and approved by the City Manager to perform the full range of duties and responsibilities of a higher job classification, including the Deputy Fire Chief and Fire Chief classification, during the temporary or permanent absence of an employee, shall be paid the first step of the higher classification which is at least five percent (5%) above the salary of the employee assigned to the acting position. However, the maximum salary will not be above the highest step of the higher classification.

Employees assigned to a continuous acting assignment who are eligible for

8 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

continuous acting pay shall be paid for the entire duration they are assigned to act. To be eligible for continuous acting pay the employee must perform the full scope of the higher classification. Employees assigned to an intermittent acting assignment and who are eligible for intermittent acting pay shall be paid hour per hour for time worked in a higher classification. One hour shall be the minimum qualifying time period. If an employee works in a higher classification for a fraction of an hour the time shall be rounded to the nearest hour.

Additional Duties Pay – The City Manager may approve Additional Duties Pay outside an existing classification if additional duties warrant. Additional duties that may be periodically assigned that fall outside of Code of Regulations definition of Special Compensation may not qual ify as reportable compensation for benefit purposes but does not prohibit the pay for such additional duties.

11.3 Retention/ Longevity Pay
Effective February 27, 2022, all AFCA member upon the satisfactory completion of ten (10) years of continuous service with the Alameda Fire Department, shall be paid an additional three percent (3.0%) calculated on their base annual salary plus the hourly equivalent of the Holiday Pay (as defined in Section 16: Holiday, Suppression Assignment). Upon the satisfactory completion of fifteen (15) years of continuous service with the Alameda Fire Department, the employee receives an additional four percent (4.0% ) calculated on their base plus the hourly equivalent of the Holiday Pay plus the 10- year benefit. Upon the satisfactory completion of twenty (20) years of continuous service with the Alameda Fire Department, the employee receives an additional five percen t (5.0%) calculated on their base plus the hourly equivalent of the Holiday Pay plus the 10-year benefit plus the 15-year benefit. Percentages shall be compounded.

For Example (Suppression Assignment):

10 Year Retention = (Base Pay + Holiday Pay) x 3% = ((Base Pay + (Base Pay x 0.075020)) x 0.03)

15 Year Retention = (Base Pay + Holiday Pay + 10-Year Retention/Longevity) x 4%

20 Year Retention = (Base Pay + Holiday Pay + 10-Year Retention/Longevity + 15- Year Retention/Longevity) x 5%

For Example (Non-Suppression Assignment):

10 Year Retention = Base Pay x 3%

15 Year Retention = (Base Pay + 10-Year Retention/Longevity) x 4%

20 Year Retention = (Base Pay + 10-Year Retention/Longevity + 15-Year Retention/Longevity) x 5%

Section 12. Salaries

9 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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

There shall, at all times, be a minimum of 5% between the top step Battalion Chief base salary and top step Division Chief base salary. There shall, at all times, be a minimum of 5% between the top step Division Chief base salary and the top step Deputy Chief base salary. and top step Deputy Chief base salary.

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 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 or Deputy 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 or Deputy Chief is promoted to an administrative 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 their 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 administrative 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 5.

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

10 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 the City Manager disapproves.

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 tim e 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 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.

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 empl oyees. 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

11 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

Section 14.3 and Appendix B).

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

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 excess 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 waiving 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.

Each employee shall be responsible 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 Department. No retroactive increases to the City's payments shall be allowed.

13.2 Dental Insurance
Effective January 1, 2014, the 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.

12 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 continue 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 only 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.

The City shall continue to provide retirement benefits in accordance with the existing 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 contr ibutions “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 contri bution in prior 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

13 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

Revenue Code whereby employee contributions shall be tax deferred and not subject to taxation until the time of constructive receipt.

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:

• 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 t otal 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%.

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 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 City’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 Public 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 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 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 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 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.

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.

(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 (which ever 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

15 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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.

(c) Supplemental Retirement Plans (401(a) & 401(h)) for employees hired after June 7, 2011:

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. 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.

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

16 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 t he 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.

(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 this MOU. The contributions made by employees to the OPEB Trust shall be exclusively allocated for the ex pense 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 contribution 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.

(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.

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

17 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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.

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.

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 annual uniform allowance shall be $2,000 beginning the first full pay period following January 1, 2022, and for the term of the contract shall be increased by forty dollars ($40.00) each January beginning 2023. The increase shall occur on the first Full Pay period of the year as follows:

January 2022 $ 2000
January 2023 $ 2040
January 2024 $ 2080
January 2025 $ 2120

Section 16. Holidays

Employees in the bargaining unit 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, forty (40) hour work week shall be entitled to 10 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 hired into the bargaining unit after January 1 shall receive prorated floating holidays based on the number of days remaining in the calendar year on their date of hire/promotion 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. 16.

If any of the above holidays falls on Saturday, it shall be observed by the City on the Friday immediately preceding. If any of such holidays falls on a Sunday, it shall be observed by the City on the following Monday.

18 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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.

Section 17. Vacation

17.1 Vacation Scheduling
Vacation selection shall be made in order of seniority in the classification.

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.

Forty (40) Hour Workweek Employees

Years of
Service
Annual Accrual
(Days)
Annual
Accrual
(Hours)
Per Pay Period
Accrual* Hourly Accrual
Rate
0 - 3 10 80 3.0769 .0385
4 15 120 4.6153 .0577
5 - 6 16 128 4.9231 .0615
7 - 8 17 136 5.2308 .0654
9 - 10 18 144 5.5385 .0692
11 - 12 19 152 5.8462 .0731
13 20 160 6.1538 .0769
14 21 168 6.4615 .0808
15 22 176 6.7692 .0846
16 24 192 7.3846 .0923
17 -18 26 208 8.0000 .1000
19 - 21 28 224 8.6154 .1077
22 + 30 240 9.2308 0.1154
* Accrual method discontinued by implementation of Tyler Munis ERP System

17.3 Vacation Accumulation
Employees may accumulate no more than eighty (80) hours, 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.

19 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

An employee may submit in writing a request to accumulate vacation in excess of the maximum set forth above.

An employee placed off work on industrial injury leave will be provided with a vacation extension form to complete. If completed and returned to the City within 90 days of the employee’s first day off work, the extension will be granted effective from the first day off-work through 180 days after the employee returns to full or light duty. The employee will be required to use all vacation hours over their cap during the 180 day period. Any vacation above the employees cap not used during that 180-day period will require a new written request to be submitted prior to the expiration of the 180-day period and approved.

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 and inability to use vacation due to industrial injury leave.

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).

Section 18. Sick Leave

18.1 Benefits
The City will use 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 40 Hours 96 .0462

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-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.

20 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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) consecutive 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 employee 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 40hours per week will be entitled to use 480 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 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 40 hour employee may use up to 400 hours of sick leave while on an approved protected leave for purpose of baby bonding.

18.5 Sick Leave During Probationary Period
Sick leave accumulation with pay shall be allowed for time worked in the probationary status.

18.6 Incentive Program for Employees Not Using Sick Time Employees who use 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

21 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 leave shall normally be 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 extens ion 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.

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 40 hours per week will be entitled to use 480 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 40 hour employee may use up to 400 hours of sick leave while on an approved protected leave for the purpose of Baby Bonding.

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. Integra tion 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

22 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 [five (5) for the purposes of spouse, parent or child] regularly scheduled days for administrative chiefs.. This provision does not apply if the death occurs while the employee is on leave 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 t o 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 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 debilitating 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 m ember, 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

23 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 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 eligibility shall be defined as provided for in Section 19.6.

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 practice 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.

24 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 Deputy Chiefs or Division Chiefs promoted from within the City is six (6) months.

The probationary period for any Deputy or Division Chief hired from outside the City 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 they were promoted, unless they are 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 City 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, layoffs shall be made in the inverse order of department seniority, regardless of rank. When a promotional reduction is made in the AFCA , demotions shall be made in inverse order of seniority in the classification. When an employee is demoted, their seniority shall be based on the date they originally achieved their previous rank. The last employee hired 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 to the next available immediate lower classification 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.

Services with the City shall be 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;

25 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

(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 vacation 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 thirty (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 for violating or ordering the violation of the Memorandum of Understanding.

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 or 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.

26 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 pursuance 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 shall be submitted to an Adjustment 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.

27 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 Memorandum 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 Understanding 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.

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

28 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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 during 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 em ployment other than occasional work from other than the City of Alameda without the approval of the City Manager, which may be 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 fifty-six dollars ($56.00) 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 an area which permits an employee to be called back to work.

26.5 Career Development
Employees promoting into the AFCA prior to January 1, 2027 are required to complete the current California State Office of the Fire Marshal, 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 thirty six months of Alameda’s City Council approval of the Memorandum of Understanding between the City and AFCA.

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

29 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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.

Beginning January 1, 2027, employees applying to the position of Division Chief or Deputy Chief are required to have completed all California State Office of the Fire Marshal, Chief Fire Officer Curriculum at the time of application.

26.6 Remote Work Policy
Classifications covered by this agreement are eligible for telework under the terms and conditions of the City Telecommute Policy originally adopted August 14, 2023. The City shall meet and confer with AFCA should substantive or impactful changes be made to the City Telecommute Policy.

26.7 Fire Department Reorganization
Effective December 29, 2024 AFCA will have two Deputy Chief and three Division Chief positions. The two Deputy Chief positions will be immediately assigned to 40-hour schedules and receive all pay and benefits under this amended agreement.

The three Division Chief positions will be immediately assigned to 56-hour suppression schedules and will continue with 56-hour suppression schedules through January 11, 2025. Between December 29, 2024 and January 11, 2025 employees in the Division Chief classification working the 56-hour schedule will receive vacation accruals, vacation maximum accumulation, sick leave accruals, Holiday-in-Lieu pay, Retention pay, and Management Incentive Pay under the attached side letter (Appendix C). They will not be eligible for Holidays.

Effective January 12, 2025, two Division Chief positions will be assigned to 40- hour schedules. The two Division Chiefs, moving from a 56-hour suppression schedule to a 40-hour schedule, will retain all vacation and sick leave accruals earned as of January 11, 2025, accruals will not be converted. Employees will receive a temporary vacation extension through June 30, 2025, to use vacation over the new cap. Any accruals earned over the employee vacation cap after June 30, 2025, will be subject to an extension under section 17.3 of this agreement. Beginning January 12, 2025, the two Division Chiefs will be covered under the terms and conditions of this amended MOU and will no longer receive pay or benefits under the attached side letter (Appendix C). They will receive Holidays and will no longer be eligible for Holiday-in-Lieu pay.

Effective March 1, 2025 the remaining Division Chief position with a 56-hour suppression schedule will be assigned to a 40-hour schedule. The Division Chief moving from a 56-hour suppression schedule to a 40 hour schedule will retain all vacation and sick leave accruals earned as of February 28, 2025, accruals will not be converted. Employees will receive a temporary vacation extension through June 30, 2025, to use vacation over the new cap. Any accruals earned over the

30 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

employee vacation cap after June 30, 2025, will be subject to an extension under section 17.3 of this agreement. Beginning March 1, 2025, the Division Chief will be covered under the terms and conditions of this amended MOU and will no longer receive pay or benefits under the attached side letter (Appendix C). They will receive Holidays and will no longer be eligible for Holiday-in-Lieu pay.

Effective March 1, 2025 all members of AFCA will be assigned to 40 hour schedules.

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 service, 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.

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

31 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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.

SIGNATURE PAGE

MEMORANDUM OF UNDERSTANDING

Between

CITY OF ALAMEDA
And

ALAMEDA FIRE CHIEFS ASSOCIATION

December 19, 2021 and ending December 31, 2025
Amended December 17, 2024

Made and entered into this______ day of December, 2024.

ALAMEDA FIRE CHIEFS CITY OF ALAMEDA

ASSOCIATION

By: _________________________ By: ___________________________ Cody Moxley (AFCA Secretary) Jennifer Ott
City Manager

By: __________________________
Justin Hearn (AFCA President)

By: __________________________

APPROVED AS TO FORM

By: ___________________________
Yibin Shen
City Attorney

32 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

APPENDIX A

33 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

34 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

APPENDIX B

35 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

36 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

37 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

38 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

39 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

APPENDIX C

Letter of Agreement
Between
The City of Alameda
And
Alameda Fire Chiefs Association (AFCA)
Regarding Suppression Employee Pay and Leave Accrual After December 29, 2025

The AFCA and the City of Alameda (the City) hereby agree to the following special pays, leave accrual balance, accumulation and conversion of accruals effective December 29, 2024, for Division Chiefs working as 56-hour suppression employees.

As of December 29, 2024, and continuing through January 11, 2025, AFCA will retain three (3) 56-hour Division Chief positions.

As of January 12, 2025, and continuing through February 28, 2025, AFCA will retain one (1) 56-Hour Division Chief position.

Division Chiefs assigned to a 56-hour position as of December 29, 2024, will continue to accrue sick and vacation leave at the suppression rate as outlined below, until they are assigned to a 40-hour schedule. After assignment to a 40-hour schedule, their sick and vacation accrual rates will shift to the 40-hour workweek rate as defined in the AFCA Memorandum of Understanding Amended December 17, 2024.

Employees assigned to a suppression position (56-hour week) will receive Holiday Pay referred to as Holiday in Lieu, at the rate of .075020 of their base salaries (not including additional pays).

Employees may accumulate no more than (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. Request to accumulate in excess with follow AFCA MOU section 17.3 and 26.7.

Employees will accrue vacation and sick leave at the following rate through February 28, 2025.

Vacation
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

Sick Leave

40 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

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

Effective December 29, 2024, the rates for Special Pay, Holiday-in-Lieu, Retention/Longevity, and Management Incentive Pay are as follows

Holiday in Lieu
Step 1 Step 2 Step 3 Step 4 Step 5
Suppression Only 14,625.8250 15,357.0750 16,125.0000 16,931.2500 17,777.7750

Retention/Longevity Pay
Suppression Only Step 1 Step 2 Step 3 Step 4 Step 5 10 Years of Service 6,289.1048 6,603.5423 6,933.7500 7,280.4375 7,644.4433 15 Years of Service 8,637.0372 9,068.8647 9,522.3500 9,998.4675 10,498.3687 20 Years of Service 11,228.1484 11,789.5241 12,379.0550 12,998.0078 13,647.8794

Management Incentive Pay
Suppression Only Step 1 Step 2 Step 3 Step 4 Step 5 10 Years of Service 5,535.7529 5,812.5249 6,103.1781 6,408.3370 6,728.7397 15 Years of Service 5,773.2714 6,061.9187 6,365.0428 6,683.2949 7,017.4448 20 Years of Service 6,082.0455 6,386.1306 6,705.4668 7,040.7401 7,392.7615

Effective January 12, 2025, the rates for Special Pay, Holiday-in-Lieu, Retention/Longevity, and Management Incentive Pay are as follows

Holiday in Lieu
Step 1 Step 2 Step 3 Step 4 Step 5
Suppression Only 15,064.5750 15,817.8000 16,608.6750 17,439.1500 18,311.1000

Retention/Longevity Pay
Suppression Only Step 1 Step 2 Step 3 Step 4 Step 5 10 Years of Service 6,477.7673 6,801.6540 7,141.7303 7,498.8345 7,873.7730

41 MOU-City of Alameda & Alameda Fire Chiefs Association (12-19-2021 to 12-31-2025) – Amended December 17, 2024

15 Years of Service 8,896.1337 9,340.9382 9,807.9762 10,298.3994 10,813.3149 20 Years of Service 11,564.9738 12,143.2196 12,750.3691 13,387.9192 14,057.3094

Management Incentive Pay
Suppression Only Step 1 Step 2 Step 3 Step 4 Step 5 10 Years of Service 5,701.8161 5,986.9055 6,286.2451 6,600.5729 6,930.5988 15 Years of Service 5,946.4598 6,243.7813 6,555.9644 6,883.7789 7,227.9649 20 Years of Service 6,264.4966 6,577.7198 6,906.5996 7,251.9467 7,614.5409