Cities Index.
Agenda packet, regular meeting

Healdsburg City Council
August 5, 2024

Document
Agenda packet, regular meeting
Meeting
August 5, 2024
Body
Healdsburg City Council
Pages
28
Original file
10.5 MB
Text extracted from the city's file for reading and search. Open the original on healdsburgca.iqm2.com. That file is the official record.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Healdsburg, this 5 th
day of August 2024, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 150 Attachment: Resolution (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
City of Healdsburg

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COOPERATIVE FUNDING AGREEMENT NO. G20300E1

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG
This Agreement is made and entered into as of April 01, 2025 (“Effective Date”) by and between the City of HEALDSBURG, hereinafter referred to as “CITY” and the SONOMA COUNTY TRANSPORTATION AUTHORITY, hereinafter referred to as “AUTHORITY.”

RECITALS

1. AUTHORITY adopted that certain 2023 Strategic Implementation Plan that sets forth AUTHORITY’S program and project implementation policies with regard to the use of funds provided under the 2020 Go Sonoma Act Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 3, 2020 (hereinafter referred to as “Go Sonoma”). The 2023 Strategic Implementation Plan as such plan may be amended from time to time is hereinafter referred to as the “Strategic Implementation Plan.”

2. Pursuant to the Strategic Implementation Plan and Go Sonoma, AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to enable the two parties to work cooperatively in allocating funding for local road maintenance and related eligible work as described in the Strategic Implementation Plan (hereinafter “Go Sonoma Roads”).

3. Each party to the Agreement is a public agency duly authorized and existing under the laws of the State of California.

4. CITY desires to undertake Go Sonoma Roads projects to maintain existing roads on an as needed basis, and to utilize Go Sonoma funding to help defray costs of those Go Sonoma Roads projects, to the extent such funds have been set aside by the AUTHORITY in the Strategic Implementation Plan for the benefit of the CITY.

5. CITY is authorized in accordance with Section 9 of Article XI of the California Constitution to establish, purchase and operate public works in order to furnish residents with light, water, power, heat, transportation, or means of communication.

6. Pursuant to the Strategic Implementation Plan and Go Sonoma, AUTHORITY is committed to make available quarterly payments to CITYfor such Go Sonoma Roads Projects based on the formula set forth in Go Sonoma.

7. AUTHORITYis authorized in accordance with §180152 and 180205 of the Local Transportation Authority and Improvement Act (California Public Utilities Code §180000 et seq, hereinafter referred to as the Local Transportation Act”)to make contracts and enter into stipulations of any nature whatsoever and to do all acts necessary and convenient for the full exercise of the powers imposed under the Local Transportation Act for the construction, maintenance improvement and operation of local streets, roads, and highways, and for the construction improvement, and operation of public transit systems.

6.E.b
Packet Pg. 151 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
City of Healdsburg

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NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows:

SECTION I

CITY AGREES

1. Compliance with Laws. With regard to the Go Sonoma Roads projects, CITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies now in force and as they may be enacted, issued, or amended during the term of the Agreement.

2. Records. To allow AUTHORITYto audit all expenditures relating to Go Sonoma Roads projects funded through this Agreement. For the duration of the Go Sonoma Roads Projects funded under this Agreement, and for five (5) years following the termination of this Agreement, CITY shall make available to AUTHORITY all records relating to expenses incurred in performance of this Agreement.

3. Reporting Requirements. To provide annual updates on the Go Sonoma Roads Projects to AUTHORITY in the form attached hereto as Exhibit A.

SECTION II
AUTHORITY AGREES:

1. Allocation of Funding. Consistent with its Strategic Implementation Plan, to make available Go Sonoma funds to CITY for such Go Sonoma Roads Projects (also referred to as “GSR”)based on the formula set forth in Go Sonoma. AUTHORITY shall distribute such funds to CITY on a quarterly basis.

2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted.

SECTION III
IT IS MUTUALLY AGREED:

1. Term. This Agreementwill remain in effect until discharged as provided in Paragraph 2 or 12 of this Section III.

2. Termination. This Agreement shall be subject to termination as follows:
a. a. This Agreement may be canceled by a non-breaching party for breach of any obligation, covenant or condition hereof by the other party, upon notice to the breaching party. With respect to any breach which is reasonably capable of being cured, the breaching party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching party. On

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Packet Pg. 152 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
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cancellation, the non-breaching party retains the same rights as a party exercising its right to terminate under the provisions of paragraph 2(b), except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. If the Agreement is cancelled by AUTHORITYbecause CITYhas failed to meet the reporting or basic operational requirements under Go Sonoma or the Strategic Implementation Plan, AUTHORITY may, at its option, demand repayment of all unexpended funds and funds determined by audit not to have been expended as provided for in this Agreement, with interest accrued thereon as would have accrued had such funds been invested in the Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from any other Go Sonoma funds due CITY. b. By mutual consent of both parties, this Agreement may be terminated at any time.

Upon termination by mutual consent, CITYshall repay to AUTHORITY any unexpended ·funds originally provided to CITY under this Agreement, and any interest that has accrued thereon.

3. Indemnity. Each party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying party or its agents, employees, contractors, subcontractors, or invitees. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.Notices. Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

To CITY Larry Zimmer, Public Works Director
City of Healdsburg
401 Grove Street, Healdsburg, CA 95448
(707) 431-3333
Email: [email protected]
To AUTHORITY James R. Cameron, Executive Director
411 King Street
Sant Rosa, CA 95405
(707) 565-5373
Email [email protected]

6.E.b
Packet Pg. 153 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
City of Healdsburg

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4. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

5. Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made·by any of the parties except as expressly set forth herein, or in otp.er contemporaneous written agreements.

6. Amendment This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

7. Independent Agency. CITY renders its services under this Agreement as an independent agency. None of the CITY's agents or employees shall be agents or employees of the AUTHORITY.

8. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

9. Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above. ·

10. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

11. Limitation. All obligations of AUTHORITY under the terms of this Agreement are expressly subject to AUTHORITY' s continued authorization to collect and expend the sales tax proceeds provided by Go Sonoma. If for any reason AUTHORITY' s right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action. If, after twenty five (25) working days, a course of action is hot agreed upon by the parties, this Agreement shall be deemed terminated by mutual consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into cons1deration all the obligations of AUTHORITY under all outstanding contracts, agreements to other obligations of AUTHORITY, of funds for such purposes.

6.E.b
Packet Pg. 154 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
City of Healdsburg

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF HEALDSBURG SONOMA COUNTY TRANSPORTATION

AUTHORITY
By: By:

Jeffrey Kay, City Manager Lynda Hopkins, Chair of the Board ATTEST: APPROVED AS TO SUBSTANCE:

By: By:

Raina Allan, City Clerk James R. Cameron, Executive Director APPROVED AS TO LEGAL FORM FOR CITY:

By: By:

Samantha W. Zutler, City Attorney Adam Brand, County Counsel

6.E.b
Packet Pg. 155 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
Exhibit A City of Healdsburg

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COOPERATIVE FUNDING AGREEMENT NO: G20300E1
Between the SONOMA COUNTY TRANSPORTATION AUTHORITY
And CITY OF HEALDSBURG

EXHIBIT A

FORM OF REPORTING LETTER

PROJECT SPONSOR LETTERHEAD
Please refer to the Reporting Instructions and Submittal Requirements before sending your completed Annual Reporting Letter to the SCTA. The Annual Reporting Letter is due to the SCTA by September 15.

Date
Sonoma County Transportation Authority
411 King Street
Santa Rosa, CA 95404
Go Sonoma Roads Program (GSR) - Annual Reporting Letter – FY _______ Dear SCTA Chair:

The City of / Town of/ County of ___________ is pleased to present information related to Go Sonoma funding for the above referenced program for FY __________ Reported:

Go Sonoma Roads allocation expenses in this fiscal year included the following:

A. FY Reported Allocations $ -
B. Unspent Prior Allocations $ -
C. Interest earned on Unspent Prior Allocations $ -
D. Total Funding Available in FY Reported $ -
E. Total Funding Spent in FY Reported $ -
F. Total Go Sonoma Rollover to Next FY $ -
G. Overlay Program $ -
H. Maintenance Program $ -
I. ITS $ -
J. Traffic Calming $ -
K. Other $ -
L. Total Funding Spent in FY Reported $ -

6.E.b
Packet Pg. 156 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Agreement Number G20300E1
Exhibit A City of Healdsburg

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Description of Go Sonoma Expenditures on Local Streets Maintenance M. Describe work done with Go Sonoma Roads Funding on such work as overlays, general maintenance, pothole repair, ITS, and traffic calming. (insert text below table) Street/Road/Location Treated Total Length PCI Before/After Please enter any further description of project or work completed here:

N. Describe how multimodal needs were considered?
Report on Public Information Requirements
O. Did you display the Go Sonoma logo on signs at the construction site or on vehicles? Please enclose picture.

P. Did you provide digital pictures of projects before, during and after construction? Q. Did you identify Go Sonoma on your web site? Please provide link.

R. Did you include SCTA and Go Sonoma in any public outreach/engagement? S. Please Identify Go Sonoma funding benefits and discuss how Go Sonoma funds assisted in delivering your program.

T. Has there been a change in your total road miles in the Pavement Management Program? Please explain.

To meet our reporting requirements, we are submitting an original signed copy on our letterhead. We have emailed an electronic copy to the SCTA.

We have sent electronic format photographs in jpeg file format.

If you have any questions regarding this program information, please contact:

Name:

Phone:

Email:

Sincerely,

SIGNATURE REQUIRED
Name
Title (City Manager, Public Works Director, District Director)

6.E.b
Packet Pg. 157 Attachment: Healdsburg Go Sonoma Roads Coop 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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COOPERATIVE FUNDING AGREEMENT NO. G30301E1I

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF HEALDSBURG
This Agreement is made and entered into as of , 2024 (“Effective Date”) by and between the City of Healdsburg hereinafter referred to as “CITY” and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter referred to as “AUTHORITY.”

RECITALS

1. AUTHORITY adopted that certain 2023 Strategic Implementation Plan that sets forth AUTHORITY’s program and project implementation policies with regard to the use of funds provided under the 2020 Go Sonoma Act Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 3, 2020 (hereinafter referred to as “Go Sonoma”). The 2023 Strategic Implementation Plan may be amended from time to time and is hereinafter referred to as the “Go Sonoma SIP”.

2. Pursuant to Go Sonoma and the Go Sonoma SIP, AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to enable the two parties to work cooperatively in developing transportation improvements that get people moving and improve safety in Sonoma County (hereinafter referred to as “Move Traffic and Improve Safety Program” or “MTIS”).

3. In connection with the Move Traffic and Improve Safety Program (MTIS), CITY desires to complete the Healdsburg Grove Street Neighborhood Plan Implementation Project, as more particularly described in Exhibit A to this Agreement (hereinafter referred to as the “Project”).

4. Pursuant to Go Sonoma, MTIS funds require a minimum 15% funding match.

5. CITY has submitted a financial plan and schedule for completion of the Project which is attached hereto as Exhibit B (hereinafter referred to as the “Financial Plan and Schedule”).

6. Pursuant to the Go Sonoma SIP, AUTHORITY is committed to make available up to $283,000 of Go Sonoma MTIS funds to assist with the Project.

NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows:

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Packet Pg. 158 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
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SECTION I
CITY AGREES:

1.CITY Contribution. To provide a minimum of 15% of matching funds towards the Project (as further described in Exhibit B).

2. Project Completion. To timely complete the Project (as further described in Exhibit B).

3. Invoices. Should CITY desire reimbursement of its expenses in connection with this Agreement, CITY shall do so by requesting a specific appropriation of Go Sonoma funding by submitting to AUTHORITY a Request for Funding Appropriation in the form attached hereto as Exhibit C (hereinafter referred to as “Appropriation Request”). Once an Appropriation Request is approved by AUTHORITY, CITY may submit to AUTHORITY invoices for reimbursements for expenses authorized under the terms of this Agreement and an approved Appropriation Request. Invoices shall be submitted to AUTHORITY no more frequently than monthly, and no less frequently than every six months following initial appropriation, provided however that if CITY is unable to invoice in this time frame a written request for time extension shall be provided or the funds may be deobligated.

Invoices shall be in a form reasonably acceptable to AUTHORITY’s Executive Director.

4. Compliance with Laws. With regard to administering and completing the Project, CITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

5. Records. To allow AUTHORITY to audit all expenditures relating to the Project funded through this Agreement. For the duration of the Project, and for five (5) years following completion of the Project, or earlier discharge of the Agreement, CITY shall make available to AUTHORITY all records relating to expenses incurred in performance of this Agreement.

6. Reporting Requirements. To provide quarterly status and annual financial updates on the active PROJECT appropriations to AUTHORITY in the forms attached hereto as Exhibit D.

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Packet Pg. 159 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
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SECTION II
AUTHORITY AGREES:

1. Reimbursement of CITY Expenses. Consistent with the Go Sonoma SIP, to make available up to $283,000 of Go Sonoma MTIS funds to assist with the Project. AUTHORITY shall process CITY invoices within forty-five (45) days of receiving an invoice in a form reasonably acceptable to AUTHORITY’s Executive Director.

2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted.

SECTION III
IT IS MUTUALLY AGREED:

1. Funding Availability and Needs. The funding available to the Project for expenditure is limited by the funds identified in Exhibit B and to approved appropriations by the SCTA Board. If funds beyond those identified in Exhibit B are necessary to complete the Project, AUTHORITY will cooperate with CITYto identify and secure new or increased fund commitments; however, completion of the Project remains the responsibility of CITY.

2. Term. This Agreement will remain in effect until discharged as provided in Paragraph 3 or 13 of this Section III.

3. Discharge. This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for breach of any obligation, covenant or condition hereof by the other party, upon notice to the breaching party.

With respect to any breach which is reasonably capable of being cured, the breaching party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching party. On cancellation, the non-breaching party retains the same rights as a party exercising its right to terminate under the provisions of paragraph 3(b), except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. If the Agreement is cancelled by AUTHORITY because CITY has failed to wholly or partially complete the Project, AUTHORITY may, at its option, demand repayment of all unexpended funds and funds determined by audit not to have been expended as provided for in this Agreement, with interest accrued thereon as would have accrued had such funds been invested in the Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from any other Go Sonoma funds due CITY.

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Packet Pg. 160 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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b. By mutual consent of both parties, this Agreement may be terminated at any time. Upon termination by mutual consent, CITY shall repay to AUTHORITY any unexpended funds originally provided to CITY under this Agreement, and any interest that has accrued thereon.

4. Indemnity. Each party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying party or its agents, employees, contractors, subcontractors, or invitees. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

5. Notices. Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

To CITY Larry Zimmer, Public Works Director
City of Healdsburg
401 Grove Street, Healdsburg, CA95448
(707) 431-3333
Email: [email protected]
To AUTHORITY James R. Cameron, Executive Director
Sonoma County Transportation Authority
411 King St
Santa Rosa, CA 95405
(707) 565-5373
Email: [email protected]

6. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

7. Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

6.E.c
Packet Pg. 161 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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8. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency. CITY renders its services under this Agreement as an independent agency. None of the CITY’s agents or employees shall be agents or employees of the AUTHORITY.

10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

11. Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the AUTHORITY of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

13. Limitation. All obligations of AUTHORITY under the terms of this Agreement are expressly subject to AUTHORITY’s continued authorization to collect and expend the sales tax proceeds provided by Go Sonoma. If for any reason AUTHORITY’s right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action.

If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of AUTHORITY under all outstanding contracts, agreements to other obligations of AUTHORITY, of funds for such purposes.

6.E.c
Packet Pg. 162 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF HEALDSBURG SONOMA COUNTY

TRANSPORTATION AUTHORITY
By: ___________________________ By: ____________________________ Jeffrey Kay, City Manager Lynda Hopkins, SCTA Chair
ATTEST: APPROVED AS TO SUBSTANCE:

By: ____________________________ By: ____________________________ Raina Allan, City Clerk James R. Cameron, Executive Director

APPROVED AS TO LEGAL FORM
FOR CITY:

By: ____________________________ By: ____________________________ Samantha W. Zutler, City Attorney Adam Brand, Legal Counsel Authority

6.E.c
Packet Pg. 163 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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Exhibit A
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG

EXHIBIT A

DESCRIPTION OF THE PROJECT
The Healdsburg Grove Street Neighborhood Plan Implementation Project The project will construct continuous curb, gutter, and sidewalk to all along Grove Street from Grant Street to Dry Creek Road in the City of Healdsburg. The project will also improve two bus stops within project limits and provide “historic style” lighting. Low Impact Development improvements will be included in the landscape strips to improve the water quality of our adjacent receiving waters, Foss Creek and the Russian River. Planting of new trees will be maximized to shade the walkways, reduce vehicle speeds, improve air and water quality, lower greenhouse gas emissions, and improve the overall quality of life for this neighborhood and our entire community.

The design process will consider bicycle improvements, including use of “Share the Lane” legends and signs, Class II bike lanes (if feasible), and improvements at the Grove Street intersection with the Foss Creek Path entrance. Possible design elements may include a bike box on Grove Street and/or pedestrian actuated signalization to improve safety.

6.E.c
Packet Pg. 164 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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Exhibit B
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG

EXHIBIT B

FINANCIAL PLAN AND SCHEDULE
The Healdsburg Grove Street Neighborhood Plan Implementation Project Financial Plan
Fund Source Amount
Go Sonoma-MTIS $283,000
Matching Funds $2,987,000
Total $3,270,000
Schedule
Project
Development Phase
Begin
(MO/YR)
End
(MO/YR)
Environmental
(PAED)
10/23 11/24
Design (PSE) 10/23 12/24
Right of Way (R/W) 05/24 12/24
Construction (CON) 05/25 08/26

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Packet Pg. 165 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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Exhibit C
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF HEALDSBURG

EXHIBIT C

REQUEST FOR FUNDING APPROPRIATION

APPROPRIATION REQUEST SHOULD BE SUBMITTED ON CITY LETTERHEAD Date
SCTA Chair
Sonoma County Transportation Authority
411 King St
Santa Rosa, CA 95404

FUNDING APPROPRIATION REQUEST
PROJECT NAME____________________________________________________ AGREEMENT NO. _________________________
Dear SCTA Chair:

The City of (name of City or County of Sonoma) hereby requests that the Sonoma County Transportation Authority (SCTA) take action to appropriate funds at its next Board meeting for the (name of project).

The City (or County) has entered into a cooperative funding agreement with the SCTA (Cooperative Agreement No. (number of agreement)) and is ready to begin work on the (name of development phase) phase of the project. Below is the specific appropriation request information.

Project Name & Description: Fill in Project Name & Description Project Category: Fill in Move Traffic Improve Safety (MTIS) or Build Bikeways and Pathways (BBP)
Phase Development Phase of this Appropriation: Fill in Development Phase (Scoping, Environmental, Right of Way Capital, Right of Way
Support, PS&E, Construction Capital, or
Construction Management). Note: Only one phase
per request.

Amount of Go Sonoma Appropriation Request: Fill in amount of appropriation request.

Amount of Local Funding Match: Fill in $ Local Match for this request Sources of Local Funding Match: Fill in amount and source(s) of matching funds.

Total Project Cost: Fill in total cost of project, including all fund sources and phases.

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Packet Pg. 166 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No.G30301E1I
City of Healdsburg

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Exhibit C
The current schedule for the (name of project) is as follows:

Project Development Phase Begin Complete
Scoping date date
Environmental date date
Right of Way date date
PS&E date date
Construction date date
Thank you for your consideration.

Sincerely,
NAME
Title
cc:

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Packet Pg. 167 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. ____
City of Healdsburg

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Exhibit D
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG

EXHIBIT D

PROJECT REPORTING LETTER

PROJECT SPONSOR LETTERHEAD
Please refer to the Reporting Instructions and Submittal Requirements before sending your completed Annual Reporting Letter to the SCTA. The Annual Reporting Letter is due to the SCTA by September 15.

Date
Sonoma County Transportation Authority
411 King Street
Santa Rosa, CA 95404
[Name of Project] - Annual Reporting Letter – FY _______ Dear SCTA Chair:

The City of/Town of / County of ___________ is pleased to present information related to Go Sonoma funding for the following project for FY __________ Reported:

Work was performed on the following project using Go Sonoma funds including:

Project Name:

Project Phase/Development Phase:

B. $ -
C. $ -
D. $ -
E. $ -
F. $ -
G. $ -
H. $ -
I. $ -
Reimbursements Received in FY 00/00
Amount of Matching Funds Provided
Total Go Sonoma Reimbursements Received in Prior Years
Total Go Sonoma Funding Reimbursed to Date
Total Appropriation Remaining Balance to Rollover to FY 00/00 Amount Appropriated in FY 00/00
A.

Amount Appropriated in Previous Fiscal Years
Total Amount of Unexpended Appropriations from Prior FY J. Describe work completed this fiscal year.

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Packet Pg. 168 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. ____
City of Healdsburg

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Exhibit D
K. How were bike/pedestrian needs considered?
Overall Status of Project by Phase % Complete Est. Completion Date Scoping
Environmental
Design
Right of Way
Construction & Construction Management
L.

M. Overall Project Funding
Phase Total Go Sonoma

MTIS/BBBP
Other Need
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
Totals $
-
$ - $ - $ -
(Insert additional table if necessary to provide each alternative fund source per project phase)
Report on Public Information Requirements:

N. Describe where you displayed the Go Sonoma logo, such as on signs at the construction site or on vehicles? Please enclose pictures.

O. Provide digital pictures of projects before, during and after construction.

P. Did you identify Go Sonoma on your web site or in press releases? Please provide link.

Q. Identify project benefits and discuss how Go Sonoma funds assisted in project delivery.

To meet our reporting requirements, we are submitting an signed copy on our letterhead to the SCTA.

We have also attached electronic photographs in jpeg file format.

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Packet Pg. 169 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. ____
City of Healdsburg

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Exhibit D
If you have any questions regarding this project information, please contact:

Name:

Phone:

Email:

Sincerely,

SIGNATURE REQUIRED
Name
Title (City Manager, Public Works Director, District Director, or General Manager SMART)

6.E.c
Packet Pg. 170 Attachment: Coop_Healdsburg Grove Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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COOPERATIVE FUNDING AGREEMENT NO. G70301E1I

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF HEALDSBURG
This Agreement is made and entered into as of , 2024 (“Effective Date”) by and between the City of Healdsburg hereinafter referred to as “CITY” and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter referred to as “AUTHORITY.”

RECITALS

1. AUTHORITY adopted that certain 2023 Strategic Implementation Plan that sets forth AUTHORITY’s program and project implementation policies with regard to the use of funds provided under the 2020 Go Sonoma Act Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 3, 2020 (hereinafter referred to as “Go Sonoma”). The 2023 Strategic Implementation Plan may be amended from time to time and is hereinafter referred to as the “Go Sonoma SIP”.

2. Pursuant to the Go Sonoma and the Go Sonoma SIP, AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to enable the two parties to work cooperatively in developing transportation improvements that will better separate bikes from cars and make it easier to bike and walk in Sonoma County (hereinafter referred to as “Build Bikeways and Pathways Program Improvements” or ”BBP”) and that get people moving and improve safety in Sonoma County (herein after referred to as “Move Traffic and Improve Safety Program” or “MTIS”).

3. Consistent with the both the Move Traffic and Improve Safety Program (MTIS), and Build Bikeways and Pathways Program Improvements, CITY desires to complete the Healdsburg Ward Street Neighborhood Revitalization Project, as more particularly described in Exhibit A to this Agreement (hereinafter referred to as the “Project”).

4. Pursuant to Go Sonoma, both BBP and MTIS funds require a minimum 15% funding match.

5. CITY has submitted a financial plan and schedule for completion of the Project which is attached hereto as Exhibit B (hereinafter referred to as the “Financial Plan and Schedule”).

6. Pursuant to the Go Sonoma SIP, AUTHORITY is committed to make available up to $554,000 of Go Sonoma BBP funds and up to $640,000 of Go Sonoma MTIS funds to assist with the Project.

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Packet Pg. 171 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows:

SECTION I
CITY AGREES:

1.CITY Contribution. To provide a minimum of 15% matching funds towards the Project (as further described in Exhibit B).

2. Project Completion. To timely complete the Project (as further described in Exhibit B).

3. Invoices. Should CITY desire reimbursement of its expenses in connection with this Agreement, CITY shall do so by requesting a specific appropriation of Go Sonoma funding by submitting to AUTHORITY a Request for Funding Appropriation in the form attached hereto as Exhibit C (hereinafter referred to as “Appropriation Request”). Once an Appropriation Request is approved by AUTHORITY, CITY may submit to AUTHORITY invoices for reimbursements for expenses authorized under the terms of this Agreement and an approved Appropriation Request. Invoices shall be submitted to AUTHORITY no more frequently than monthly, and no less frequently than every six months following initial appropriation, provided however that if CITY is unable to invoice in this time frame a written request for time extension shall be provided or the funds may be deobligated.

Invoices shall be in a form reasonably acceptable to AUTHORITY’s Executive Director.

4. Compliance with Laws. With regard to administering and completing the Project, CITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

5. Records. To allow AUTHORITY to audit all expenditures relating to the Project funded through this Agreement. For the duration of the Project, and for five (5) years following completion of the Project, or earlier discharge of the Agreement, CITY shall make available to AUTHORITY all records relating to expenses incurred in performance of this Agreement.

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Packet Pg. 172 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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6. Reporting Requirements. To provide quarterly status and annual financial updates on the active PROJECT appropriations to AUTHORITY in the forms attached hereto as Exhibit D.

SECTION II
AUTHORITY AGREES:

1. Reimbursement of CITY Expenses. Consistent with the Go Sonoma SIP, to make available up to $554,000 of Go Sonoma BBP funds and up to $640,000 of Go Sonoma MTIS funds to assist with the Project. AUTHORITY shall process CITY invoices within fortyfive (45) days of receiving an invoice in a form reasonably acceptable to AUTHORITY’s Executive Director.

2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted.

SECTION III
IT IS MUTUALLY AGREED:

1. Funding Availability and Needs. The funding available to the Project for expenditure is limited by the funds identified in Exhibit B and to approved appropriations by the SCTA Board. If funds beyond those identified in Exhibit B are necessary to complete the Project, AUTHORITY will cooperate with CITY to identify and secure new or increased fund commitments; however, completion of the Project remains the responsibility of CITY.

2. Term. This Agreement will remain in effect until discharged as provided in Paragraph 3 or 13 of this Section III.

3. Discharge. This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for breach of any obligation, covenant or condition hereof by the other party, upon notice to the breaching party.

With respect to any breach which is reasonably capable of being cured, the breaching party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching party. On cancellation, the non-breaching party retains the same rights as a party exercising its right to terminate under the

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Packet Pg. 173 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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provisions of paragraph 3(b), except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. If the Agreement is cancelled by AUTHORITY because CITY has failed to wholly or partially complete the Project, AUTHORITY may, at its option, demand repayment of all unexpended funds and funds determined by audit not to have been expended as provided for in this Agreement, with interest accrued thereon as would have accrued had such funds been invested in the Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from any other Go Sonoma funds due CITY.
b. By mutual consent of both parties, this Agreement may be terminated at any time. Upon termination by mutual consent, CITY shall repay to AUTHORITY any unexpended funds originally provided to CITY under this Agreement, and any interest that has accrued thereon.

4. Indemnity. Each party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying party or its agents, employees, contractors, subcontractors, or invitees. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

5. Notices. Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

To CITY Larry Zimmer, Public Works Director
City of Healdsburg
401 Grove Street, Healdsburg, CA95448
(707) 431-3333
Email: [email protected]
To AUTHORITY James R. Cameron, Executive Director
Sonoma County Transportation Authority
411 King St
Santa Rosa, CA 95405
(707) 565-5373
Email: [email protected]

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Packet Pg. 174 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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6. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

7. Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

8. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

9. Independent Agency. CITY renders its services under this Agreement as an independent agency. None of the CITY’s agents or employees shall be agents or employees of the AUTHORITY.

10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

11. Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

12. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the AUTHORITY of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

13. Limitation. All obligations of AUTHORITY under the terms of this Agreement are expressly subject to AUTHORITY’s continued authorization to collect and expend the sales tax proceeds provided by Go Sonoma. If for any reason AUTHORITY’s right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action.

If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the

6.E.d
Packet Pg. 175 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of AUTHORITY under all outstanding contracts, agreements to other obligations of AUTHORITY, of funds for such purposes.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF HEALDSBURG SONOMA COUNTY

TRANSPORTATION AUTHORITY
By: ___________________________ By: ____________________________ Jeffrey Kay, City Manager Lynda Hopkins, SCTA Chair
ATTEST: APPROVED AS TO SUBSTANCE:

By: ____________________________ By: ____________________________ Raina Allan, City Clerk James R. Cameron, Executive Director

APPROVED AS TO LEGAL FORM
FOR CITY:

By: ____________________________ By: ____________________________ Samantha W. Zutler, City Attorney Adam Brand, Legal Counsel Authority

6.E.d
Packet Pg. 176 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit A
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG

EXHIBIT A

DESCRIPTION OF THE PROJECT
The Healdsburg Ward Steet Neighborhood Revitalization Project The Project encompasses the area along Adeline Way, Ward Street, Palm Avenue, SouthUniversity, the connecting segment of Exchange Avenue and the frontage of Healdsburg Avenue from the Highway 101 Ramp to the Healdsburg Bridge.

The Project will close sidewalk gaps, repair uneven walkway surfaces, install ADA ramps, reconstruct pavement, and improve storm drainage.

6.E.d
Packet Pg. 177 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit B
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG

EXHIBIT B

FINANCIAL PLAN AND SCHEDULE
The Healdsburg Ward Steet Neighborhood Revitalization Project Financial Plan
Fund Source Amount
Go Sonoma-BBP $554,000
Go Sonoma-MTIS $640,000
Matching Funds $255,000
Total $1,449,000
Schedule
Project
Development Phase
Begin
(MO/YR)
End
(MO/YR)
Scoping 07/24 10/24
Environmental
(PAED)
10/24 05/25
Design (PSE) 10/24 10/25
Right of Way (R/W) 05/25 08/25
Construction (CON) 04/26 11/25

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Packet Pg. 178 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit C
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF HEALDSBURG

EXHIBIT C

REQUEST FOR FUNDING APPROPRIATION

APPROPRIATION REQUEST SHOULD BE SUBMITTED ON CITY LETTERHEAD Date
SCTA Chair
Sonoma County Transportation Authority
411 King St
Santa Rosa, CA 95404

FUNDING APPROPRIATION REQUEST
PROJECT NAME____________________________________________________ AGREEMENT NO. _________________________
Dear SCTA Chair:

The City of (name of City or County of Sonoma) hereby requests that the Sonoma County Transportation Authority (SCTA) take action to appropriate funds at its next Board meeting for the (name of project).

The City (or County) has entered into a cooperative funding agreement with the SCTA (Cooperative Agreement No. (number of agreement)) and is ready to begin work on the (name of development phase) phase of the project. Below is the specific appropriation request information.

Project Name & Description: Fill in Project Name & Description Project Category: Fill in Move Traffic Improve Safety (MTIS) or Build Bikeways and Pathways (BBP)
Phase Development Phase of this Appropriation: Fill in Development Phase (Scoping, Environmental, Right of Way Capital, Right of Way
Support, PS&E, Construction Capital, or
Construction Management). Note: Only one phase
per request.

Amount of Go Sonoma Appropriation Request: Fill in amount of appropriation request.

Amount of Local Funding Match: Fill in $ Local Match for this request Sources of Local Funding Match: Fill in amount and source(s) of matching funds.

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Packet Pg. 179 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit C
Total Project Cost: Fill in total cost of project, including all fund sources and phases.

The current schedule for the (name of project) is as follows:

Project Development Phase Begin Complete
Scoping date date
Environmental date date
Right of Way date date
PS&E date date
Construction date date
Thank you for your consideration.

Sincerely,
NAME
Title
cc:

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Packet Pg. 180 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit D
COOPERATIVE FUNDING AGREEMENT NO._________

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF HEALDSBURG

EXHIBIT D

PROJECT REPORTING LETTER

PROJECT SPONSOR LETTERHEAD
Please refer to the Reporting Instructions and Submittal Requirements before sending your completed Annual Reporting Letter to the SCTA. The Annual Reporting Letter is due to the SCTA by September 15.

Date
Sonoma County Transportation Authority
411 King Street
Santa Rosa, CA 95404
[Name of Project] - Annual Reporting Letter – FY _______ Dear SCTA Chair:

The City of/Town of / County of ___________ is pleased to present information related to Go Sonoma funding for the following project for FY __________ Reported:

Work was performed on the following project using Go Sonoma funds including:

Project Name:

Project Phase/Development Phase:

B. $ -
C. $ -
D. $ -
E. $ -
F. $ -
G. $ -
H. $ -
I. $ -
Reimbursements Received in FY 00/00
Amount of Matching Funds Provided
Total Go Sonoma Reimbursements Received in Prior Years
Total Go Sonoma Funding Reimbursed to Date
Total Appropriation Remaining Balance to Rollover to FY 00/00 Amount Appropriated in FY 00/00
A.

Amount Appropriated in Previous Fiscal Years
Total Amount of Unexpended Appropriations from Prior FY J. Describe work completed this fiscal year.

6.E.d
Packet Pg. 181 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit D
K. How were bike/pedestrian needs considered?
Overall Status of Project by Phase % Complete Est. Completion Date Scoping
Environmental
Design
Right of Way
Construction & Construction Management
L.

M. Overall Project Funding
Phase Total Go Sonoma

MTIS/BBBP
Other Need
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
Totals $
-
$ - $ - $ -
(Insert additional table if necessary to provide each alternative fund source per project phase)
Report on Public Information Requirements:

N. Describe where you displayed the Go Sonoma logo, such as on signs at the construction site or on vehicles? Please enclose pictures.

O. Provide digital pictures of projects before, during and after construction.

P. Did you identify Go Sonoma on your web site or in press releases? Please provide link.

Q. Identify project benefits and discuss how Go Sonoma funds assisted in project delivery.

To meet our reporting requirements, we are submitting an signed copy on our letterhead to the SCTA.

We have also attached electronic photographs in jpeg file format.

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Packet Pg. 182 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements) Cooperative Funding Agreement No. G70301E1I
Refer to G30302E1I
City of Healdsburg

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Exhibit D
If you have any questions regarding this project information, please contact:

Name:

Phone:

Email:

Sincerely,

SIGNATURE REQUIRED
Name
Title (City Manager, Public Works Director, District Director, or General Manager SMART)

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Packet Pg. 183 Attachment: Coop_Healdsburg Ward Street 071124 CT (4518 : SCTA Cooperative Agreements)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Professional Services Agreement with Healdsburg Chamber of Commerce for Fiscal Year 2024-25
PREPARED BY: Andrew Sturmfels, Assistant City Manager
STRATEGIC INITIATIVE(S):

Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Provide Effective Governance
RECOMMENDED ACTION(S):

Adopt a Resolution approving a Professional Services Agreement with the Healdsburg Chamber of Commerce for Fiscal Year 2024-25 and authorizing the City Manager to execute the agreement.

COMMUNITY ENGAGEMENT/OUTREACH:

The Healdsburg Chamber of Commerce is a membership organization that provides support services to the business community in Healdsburg. The Chamber also serves as the Visitor’s Bureau and administers the Healdsburg Tourism Improvement District. Throughout the year, the City engages directly with the Chamber of Commerce and its members through a variety of activities and events.

BACKGROUND:

For several years the City, through its Redevelopment Agency, contracted with the Chamber to provide economic development support services. With the dissolution of the Redevelopment Agency, the Council, on August 19, 2013, approved the initial use of Measure V funds for economic development purposes. Beginning in 2014, the Council funded the economic development services provided by the Chamber annually. The most recent contract with the Chamber of Commerce for services expired on July 1, 2024.

During the FY 22-23 contract cycle, staff worked closely with the chamber to reframe the scope of work to focus on three main areas, 1.) Community development and economic Development support, 2.) Visitor Center operations, and 3.) Task based deliverables. Task based deliverables

6.F
Packet Pg. 184
were intended to drive specific outcomes where the City and Chamber worked in collaboration to complete tasks based on Council priorities and City projects.

DISCUSSION/ANALYSIS:

During the City Council annual Goat Setting retreat on March 25th, 2024, the City Council requested a goal be added to the annual workplan to amend the scope of services of the Chamber of Commerce Agreement. On June 3, 2024, the City Council received a presentation from City staff and the Chamber on the annual scope of services. The presentation included background information, an update on deliverables included in the Fiscal Year 2023-24 contract scope, and options for consideration to include or modify in the FY 2024-25 contract scope.

The proposed FY 2024-25 scope reflects the feedback provided by Council. With the Chamber ending operations of the visitor center on December 31, 2023, the proposed contract for the upcoming fiscal year now includes two categories of services. The first is Community Partnership and Economic Development Support. Services in this section include supporting business attraction, retention, and expansion, supporting a variety of community events, and supporting City/Chamber collaboration. Modifications to the proposed scope for 24-25 include clarifying for City/Chamber collaboration on the CEO roundtable event.

The second category of services is task-based deliverables. Based on Council feedback, staff is proposing the following:

1. Commercial/Industrial Property Inventory: Continue to provide a vacant commercial and industrial property inventory to the City and update it on a quarterly basis. The inventory should include all properties that are presently vacant and available for lease and/or sale with an address, date available, previous tenant, square footage, listing agent contact, and asking rent when available.

1. Workforce Housing Outreach, Education, and Support: In collaboration with the City, support efforts to engage employers and employees on workforce housing outreach, education, and support, including educational outreach on Measure O. Support the City in outreach, data collection, and through cosponsoring forums to support workforce housing needs.

2. Commercial Area Activation. Develop a working group of retail businesses, restaurants, and public serving venues to develop and support implementation of improvements focused on increasing and enhancing activation and placemaking of the City’s commercial areas, focusing on lower foot-traffic areas in commercial areas surrounding downtown.

The full scope of work can be found in Exhibit A to the proposed Resolution.

ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

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Packet Pg. 185
ALTERNATIVES:

The Council may choose to:

1. Not approve a PSA with the Chamber of Commerce and provide staff with additional direction.

2. Request revisions to the Scope of Work.

FISCAL IMPACT:

The adopted fiscal year 2024-25 budget includes $60,000 in the Measure T Fund to support the Chamber of Commerce Agreement.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15302(c) of the California Environmental Quality Act (“CEQA”) guidelines, approval of this resolution is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Resolution
Exhibit A: Chamber Contract Proposed Scope FY 24-25

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Packet Pg. 186

CITY OF HEALDSBURG
RESOLUTION NO. _____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH THE HEALDSBURG CHAMBER OF

COMMERCE AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the City of Healdsburg has determined that it requires professional services to conduct various economic development services; and
WHEREAS, the Healdsburg Chamber of Commerce (Chamber) has historically provided said professional services and represents that it is duly qualified and experienced to provide said professional services and it is willing to accept responsibility for performing such services; and WHEREAS, the Chamber and City have developed a scope of work for such services that both parties have agreed to and can accomplish; and
WHEREAS, with the dissolution of redevelopment agencies the City Council has determined Measure T funds shall be allocated to fund economic development services; and WHEREAS, the City Council included $60,000 of Measure T funding in the FY 2024- 2025 budget for the purposes of entering into a Professional Services Agreement with the Chamber to provide economic development services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby approves a Professional Services Agreement with the Healdsburg Chamber of Commerce in the amount of $60,000 and authorizes the City Manager to execute the agreement.

PASSED, APPROVED AND ADOPTED, by the City Council of the City of Healdsburg this 5 th
day of August 2024, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk

6.F.a
Packet Pg. 187 Attachment: Resolution (4529 : Professional Services Agreement with Healdsburg Chamber of Commerce) Chamber Contract Proposed Scope
Community Partnership and Economic Development Support: $40,000 - Support business attraction, retention, and expansion (BRE) o Annually report to Council on BRE activities, including:
▪ Business outreach visits and direct support
▪ New business outreach
▪ Business resource seminars/webinars
▪ Local business support campaigns
- Serve as a liaison between the City and the business community by providing opportunity for feedback and engagement on proposed City policies, projects, and initiatives. - Event Production
o Collaborating with the City on theme, attendance, and logistics, host an annual CEO Roundtable with the Mayor and City Manager.
o Partner with the City on Community Events, including Merry Healdsburg. o Partner with the City to host forums, events, and meetings on specific topics to the business community, including Good Morning Healdsburg and Chamber Government Affairs Committee.
- Chamber Event Participation:
o Chamber to provide the City tickets to the following events:
▪ 8 tickets to the annual breakfast (State of the City) ▪ 2 reserved tables at the annual BBQ
▪ 4 tickets to all chamber mixers and events
Task Based Deliverables: $20,000

1. Commercial/Industrial Property Inventory: Provide a vacant commercial and industrial property inventory to the City and update it on a quarterly basis. The inventory should include all properties that are presently vacant and available for lease and/or sale with an address, date available, previous tenant, square footage, listing agent contact, and asking rent when available ($5,000).
a. Provide first report by August 1, 2024 ($1,250)
b. Provide second report by November 1, 2024 ($1,250)
c. Provide third report by February 1, 2024 ($1,250)
d. Provide fourth report by May 1, 2024 ($1,250)

2. Workforce Housing Outreach, Education, and Support: In collaboration with the City, support efforts to engage employers and employees on workforce housing outreach, education, and support, including educational outreach on Measure O. Support the City in outreach, data collection, and through cosponsoring forums to support workforce housing needs ($5,000).

3. Commercial Area Activation: Develop a working group of retail businesses, restaurants, and public serving venues to develop and support implementation of improvements focused on increasing and enhancing activation and placemaking of the City’s commercial areas, focusing on lower foot-traffic areas in commercial areas surrounding downtown ($10,000).

6.F.b
Packet Pg. 188 Attachment: Exhibit A: Chamber Contract Proposed Scope FY 24-25 (4529 : Professional Services Agreement with Healdsburg Chamber of Contract Value by Deliverable:

Community Partnership and Economic Development Support $ 40,000 Task Based Deliverables:

1. Commercial/Industrial Property Inventory $ 5,000

2. Workforce Housing Outreach and Support $ 5,000

3. Commercial Area Activation $ 10,000
Total Contract Value:$60,000

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Packet Pg. 189 Attachment: Exhibit A: Chamber Contract Proposed Scope FY 24-25 (4529 : Professional Services Agreement with Healdsburg Chamber of

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Compensation and Benefits Package between City of Healdsburg and Mid-Management & Professional Employees Association (“MMPEA”) PREPARED BY: Renee Senander, Human Resources Manager
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Adopt a Resolution approving the Compensation and Benefits Package between the City of Healdsburg and the Mid-Management and Professional Employees Association for the three-year period ending June 30, 2027.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The existing Compensation and Benefits Package (“Agreement”) between the City and the MidManagement and Professional Employees Association (“MMPEA”) expired on June 30, 2024.

The City and MMPEA began contract negotiations in March 2024 and reached a tentative agreement on a three-year successor package on June 18, 2024.

On June 18, 2024, MMPEA members voted to ratify the new Agreement.

DISCUSSION/ANALYSIS:

During the negotiating process the City Council provided direction to the City’s negotiator regarding conditions of employment, such as wages, sick leave, health care, retirement benefits and special compensation. Key points for the Compensation and Benefits Packages are as follows:

Term 3 years
Cost of Living Adjustment Year 1 (effective July 1, 2024) 3 % Year 2 (effective July 1, 2025) CPI (2% - 3.5%)

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Year 3 (effective July 1, 2026) CPI (2% - 3.5%)
Deferred Compensation Match Program FY 2024-25 $0
FY 2025-26 $1,600
FY 2026-27 $1,750
Disaster Overtime Pay Added language to allow for payment of overtime to exempt employees in the event of a FEMA
reimbursable emergency.

Flexible Spending and Dependent Care
Reimbursement Accounts
Within one year of MOU adoption, the City will
establish an FSA and DCRA program for
employees to voluntarily participate in.

Management Leave Increased the annual base amount of management leave from 40 hours to 80 hours.

Sick Leave Bonus Removal of the sick leave bonus payment.

Medical Benefits Added language effective FY 2025-26 the City medical premium contribution will include 95% of
the Kaiser Permanente Plan or 100% of the lowest
cost plan, whichever is greater.

Other miscellaneous changes include language updates to classifications, medical benefits, bereavement leave, sick leave, and a variety of technical cleanup revisions to better document current practices.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City’s labor negotiator bargained in good faith with MMPEA based on Council direction.

Council may choose not to adopt the proposed resolution, and in that case staff requests additional direction.

FISCAL IMPACT:

The Adopted Budget for Fiscal Year 2024-25 is in alignment with the negotiated agreement. The total cost for the salary and benefits in the negotiated agreement for Fiscal Year 2025-26 are variable depending on the CPI in February 2025 and the medical insurance rates in effect July 1, 2025. If costs exceed the Adopted Budget for Fiscal Year 2025-26 staff will return to council to propose any necessary amendments.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

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ATTACHMENT(S):

Resolution
MMPEA Agreement 2024-2027

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CITY OF HEALDSBURG
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE COMPENSATION &

BENEFITS PACKAGE BETWEEN THE CITY OF

HEALDSBURG AND THE MID-MANAGEMENT AND

PROFESSIONAL EMPLOYEES ASSOCIATION FOR THE
PERIOD ENDING JUNE 30, 2027
WHEREAS, representatives of the City of Healdsburg have met and conferred with representatives of the Mid-Management and Professional Employees Association (“MMPEA”); and
WHEREAS, the City Council, considered revisions as proposed by the City of Healdsburg and the MMPEA to the Compensation and Benefits Package (“Agreement”) between the City of Healdsburg and the MMPEA; and
WHEREAS, agreement regarding the revisions of certain working conditions including conditions of employment, such as wages and leave benefits has been reached as reflected in the Agreement dated August 5, 2024, as shown in Exhibit “B”, incorporated herein by reference and titled “MMPEA Compensation and Benefits Package”.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby approve the above-cited Agreement as working conditions and benefits for members of the Executive Management Group for the period of July 1, 2024 through June 30, 2027 and may not be amended other than by mutual consent or as otherwise stipulated.

PASSED, APPROVED AND ADOPTED this 5
th day of August 2024 by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ___________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 193 Attachment: Resolution (4526 : Compensation and Benefits Package between the City of Healdsburg and MMPEA) City of Healdsburg
Mid-Management and Professional
Employees Association
(MMPEA)
Benefit Package
July 1, 2024 to June 30, 2027

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Packet Pg. 194 Attachment: MMPEA Agreement 2024-2027 (4526 : Compensation and Benefits Package between the City of Healdsburg and MMPEA) MMPEA BENEFIT PACKAGE FY 2024-27

TABLE OF CONTENTS
I. Classifications Designated Mid-Management and Professional Employees Association 3 II. Salary Plan 3
III. Administrative Leave 5
IV. Holidays 6
V. Vacation 6
VI. Sick 8
VII. Bereavement Leave 9
VIII. Military Leave 9
IX. Employee Benefits 10
X. Public Employee Retirement System 11
XI. Automobile Allowance 11
XII. Clothing Allowance 12
XIII. Leave of Absence 13
XIV. Jury Duty 14
XV. Compensation for Illness or Injury Incurred in Course of Employment 14 XVI. Longevity Pay Plan 14
XVII. Bilingual Pay 15
XVIII. Education Reimbursement 15
XIX. Outside Employment 15
XX. Evergreen Clause 16
XXI. Mutual Assistance 16
XXII. Disaster Overtime Pay 16
XXIII. Ratification 16
Appendix A 18

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I.CLASSIFICATIONS DESIGNATED MID-MANAGEMENT AND

PROFESSIONAL EMPLOYEES ASSOCIATION

1.1 For the purpose of this document, the following positions are considered members of the Mid-Management and Professional Employees Association ("Mid­Management"):

Accountant
Accounting Manager
Administrative Analyst I/II
Central Services Manager
Associate Civil Engineer
Building Official
Chief Information and Security Officer
City Clerk
City Clerk/PIO
Deputy City Clerk
Electric Operations Superintendent
Emergency Response Coordinator
Finance Manager
Fire Marshal
Fire Marshal/Division Chief
Housing Manager
Information Technology Manager
Parks and Open Space Superintendent
Police Lieutenant
Police Social Services Team Member
Principal Engineer
Project Manager
Public Information and Community Outreach Coordinator
Recreation Manager
Recreation Supervisor
Senior Civil Engineer
Senior Planner
Senior Project Manager
Utility Engineering Manager
Utility Compliance and Safety Coordinator
Utility Maintenance Superintendent
Water and Wastewater Operations Superintendent

1.2 The City of Healdsburg ("City") recognizes the Mid-Management and Professional Employees Association as the exclusive representative on behalf of the employees occupying the job classifications listed above in Section 1.1. Such representation being subject to and qualified by employee rights under applicable State and Federal law to be represented by the organization of their choice. (Added 7/2010) II.SALARY PLAN

2.1 The base salary range for each classification covered by this MOU is contained in Appendix 'A' entitled Schedule of Salary Ranges, attached hereto and incorporated herein. (Amended 7/1/14)

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2.2 Employees occupying a position in a classification covered by this MOU shall be paid within the base salary range specified for their classification, as described below.

Incremental salary steps within the base salary range shall progress in five steps, from Step A through Step E. Step A shall generally be established so that the progression from Step A to Step E occurs in 5% increments.

2.3 Original Appointment. The salary for a new employee entering City employment shall be the minimum or first salary step (Step A) for the classification to which the employee is appointed, provided however, that the City Manager may, when circumstances so warrant, appoint at other than the first step (Step A).

2.4 Advancement within Salary Range
a) Full-time employees appointed at the first step (Step A) shall be eligible for advancement to the second step (Step B) of the specific salary range six (6) months after original appointment, provided that the employee's performance merits the increase. Advancement to the remaining steps may be made after one (1) year of satisfactory service at each successive salary step, provided that the employee's performance merits the increase.
b) A step increase will be denied in any case where it is be determined, upon reliable evidence that the employee in question has not progressed satisfactorily in acquiring and using the learning skills necessary for the proper performance of the position to which they have been assigned, or that the employee has failed to perform work assignments satisfactorily during the period they have served at this present salary step. All adverse reports or recommendations pertaining to the withholding of step increases will be reviewed by the City Manager prior to the affected employee's salary anniversary date.
c) All evaluation reports shall be prepared by the City on a timely basis. Salary increases (cost of living and/or step) shall be applied retroactively to the employee's salary anniversary date.
d) Changes in an employee's salary because of promotion or demotion may set a revised salary anniversary date for that employee, for the purpose of step increase. e) Whenever the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the same step in the revised ranges as the step at which the employee was paid in the previous range.

2.5 Salary Step after Promotion or Demotion. When employees are promoted, they shall be entitled to receive compensation at the beginning step of the class to which the employee has been promoted. In the instance where the pay ranges overlap; promotion shall be effected at the next higher step in the range, with a minimum five percent (5%) increase where possible, of the new class.

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When an employee is demoted, whether such demotion is voluntary or otherwise, the employee's compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted and unless otherwise provided, the specific rate of pay within the range shall be determined by the City Manager; provided however, that an employee demoted for non-disciplinary reasons shall be placed at the salary step in the lower classification which most closely approximates, but does not exceed, the employee's salary in the higher classification.

If an employee takes a voluntary demotion to a classification previously held within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification which the employee held last, and the service time at such step shall be the same as the service time held previously at such step.

2.6 The City agrees that the methodology used to determine future increases may be based upon surveys, CPI and/or another method that is mutually agreed to by both the City and the Mid-Management Group.

2.7 Salary Compaction: Issues related to salary compaction may be addressed by the City Manager or their designee.

2.8 Wages
• Commencing July 1, 2024, all classifications covered by this agreement shall receive a 3% cost of living adjustment.
• Year 2, effective July 1, 2025, all classifications covered by this agreement shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 2% or more than 3.5%.
• Year 3, effective July 1, 2026, all classifications covered by this agreement shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 2% or more than 3.5%.

Compensation Study: The City will conduct and conclude a classification and compensation study prior to the conclusion of this agreement.

Ill. ADMINISTRATIVE LEAVE
Effective July 1 of each fiscal year Mid-Management employees will receive eighty (80) hours of

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leave into their Administrative Leave bank which shall be scheduled by their Department Head upon request. Up to an additional twenty (20) hours of Administrative Leave may be granted at the City Manager's discretion at time of presentation by the Department Head.

By June 1st (for the subsequent year) each Department Head will submit to the Human Resources Division their recommendation (and any supporting justification) for the amount of additional Administrative Leave hours for each Mid-Management employee in their Department.

When calculating their recommendation, the Department Heads will take the following into consideration:

A. Only preapproved excess hours may be credited toward Administrative Leave.

B. Hours which are worked at the employees' discretion and not at the request or with the approval of the Department Head shall not be counted as eligible hours for Administrative Leave.

Employees will be issued the hours on July 1st of each year. All Administrative Leave must be used within the same fiscal year. Any unused Administrative Leave remaining at the end of the fiscal year shall be forfeited. Administrative Leave accruals shall not be eligible for cash-out.

New hires filling a vacated position will be given the initial 80 hours of Administrative Leave at a prorated amount based on remaining weeks in the fiscal year. Additional Administrative Leave may be recommended by the Department Head and approved by the City Manager.

IV. HOLIDAYS

4.1 Holidays with pay for Mid-Management employees shall be as follows:

New Year’s Day January 1st
Martin Luther King Jr. Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11th
Thanksgiving Day Last Thursday in November
Day after Thanksgiving Last Friday in November
Christmas Eve December 24th
Christmas Day December 25th
New Years Eve Day December 31st

4.2 When any of the above holidays falls on a Sunday, the Monday following shall be observed as the holiday. Likewise, if the holiday falls on a Saturday, the preceding Friday will be observed as the holiday.

V. VACATION

5.1 All employees shall become eligible for vacation as it is earned. Vacation shall be

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accrued according to the following schedule: (Amended 7/2000)

5.2 An employee may defer some or all of their vacation to the next following year.

Employees will be paid out the excess amount of accumulated vacation days beyond three times their annual accrual rate on the second pay period in November of each year.

Effective December 2021, and during the month of December of each year thereafter, there will be an irrevocable election period during which each bargaining unit member may make an irrevocable election to cash out certain vacation that will be accrued during the following year (the "cash-out year") on the form prescribed by Human Resources. The number of hours that the bargaining unit member intends to cash out must be indicated at that time. Failure to timely submit a properly completed irrevocable election form shall be the same as making no election.

Such requests must be approved by the City Manager.

The cash-out of future vacation accruals is subject to the following conditions:
• An employee must have a minimum balance of one hundred twenty (120) hours of accrued vacation at the time of election.
• Any vacation time actually taken by the employee during the cash-out year will be subtracted first from any carryover hours which existed at the end of the prior year and
then from vacation hours accrued in the current year for which no election has been made.
• An irrevocable election form must be received and accepted by payroll no later than December 31st for the following calendar year.
• The election to cash-out leave hours in each designated year will be irrevocable and Years of
Service
Hours
Accrued per
Pay period
Annual
Hours
Equivalent
Days
Maximum
Accrual
0-2 3.08 80 10 240
2+-5 3.69 96 12 288
5+-10 4.62 120 15 360
10+-15 5.54 144 18 432
15+-20 6.15 160 20 480
20+-25 7.07 184 23 552
25+ 7.69 200 25 600

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will only apply to the upcoming calendar year. This means that employees who elect to cash-out leave hours must cash out the number of accrued hours pre-designated on the election form. The amount of accrual hours designated for cash-out cannot be increased or decreased at the time of cash-out.
• In no event will a cash out payment exceed the value of hours the employee has actually accrued for the period of time between January 1 and the distribution date in any given year.
• All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit the first full pay period in either June or December following accrual of the hours designated for cash out.

VI. SICK LEAVE

6.1 All employees shall accrue sick leave on a bi-weekly basis at the rate of 3.69 hours per pay period. Employees shall accrue sick leave from their first day of employment.

Accumulation of unused sick leave shall be unlimited.

6.2 Sick leave may be used for the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's family member.

For purposes of this Policy, "family member" includes a biological, adopted, or foster child, stepchild, legal ward, a child to whom the employee stands in loco parentis, or a child of a registered domestic partner, regardless of the child's age or dependency status; a biological, adoptive, or foster sibling, parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Employee was a minor child; a spouse; a State of California registered domestic partner; a grandparent; great-grandparent, or a grandchild.

6.3 Sick leave may be used for employees who are victims of domestic violence, sexual assault, or stalking, taking time off to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

6.4 Sick leave may be used for employees who are victims of domestic violence, sexual assault, or stalking, taking time off to seek medical attention for injuries caused by the domestic violence, sexual assault, or stalking; to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; and to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

6.5 Sick Leave Bonus: Once an employee has accumulated sick leave hours of at least three hundred and fifty (350) hours or more, one hundred percent (100%) of their unused annual accrual, up to a maximum of 96 hours, shall be automatically converted into a cash value at the employee's hourly rate and shall be contributed to each employee's Post­ Employment Health Reimbursement Arrangement (PHRA) plan on the first full pay

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period of July of each successive fiscal year. (Amended 2021)

6.6 Election Upon Retirement with Respect to Unused Sick Leave Credit: An employee who retires with accumulated and unused sick leave credit shall have 50% of such unused sick leave credit, up to a maximum of one thousand (1,000) hours, automatically converted by the employer into a dollar value based on the employee's then existing salary (Unused Sick Leave Credit Value). The remaining 50% shall be converted to service credit for all Employees.
a) Employee Elections:

The Unused Sick Leave Credit Value will be contributed by the employer to the employee's Post-Employment Health Reimbursement Arrangement (PHRA), Retirement Account, and/or CalPERS Service Credit based on the most recent written election of the employee that was provided to the employer for this purpose in a calendar year prior to the calendar year of retirement. Such written election (Election) must be made on a form provided by the employer and will have no effect unless made and delivered to the employer in a calendar year prior to the employee's retirement. All employee elections will be subject to the then applicable Internal Revenue Code or other applicable limits that apply to employer-initiated contributions to such plans. The employee's Election, once made, will become irrevocable for the succeeding calendar year, but may be changed on a timely basis with respect to future calendar years.
b) Plan Default
If at the time of an employee's retirement there is no employee election on file, 100% of the Unused Sick Leave Credit will be contributed by the City to CalPERS as an automatic sick leave conversion to service credit pursuant to pension contract with the City.
c) The employee's Unused Sick Leave Credit Value may not be paid to the employee in cash or in the form of some other taxable benefit.

VII. BEREAVEMENT LEAVE
A maximum of five (5) days paid leave per occurrence, not to be subtracted from sick leave, will be granted to employees upon death or critical illness of a member of their immediate family, including father, stepfather, father-in-law, mother, stepmother, motherin-law, brother, stepbrother, brother-in-law, sister, stepsister, sister-in-law, wife, husband or child, stepchild, daughter-in-law, son- in-law, grandparents, great-grandparent or grandchild. Days may be non-sequential. Additional days of sick leave may be granted with cause upon approval of the Department Head. (Amended 7/2024) VIII. MILITARY LEAVE
Military leaves shall be granted in accordance with the provisions of applicable California State and Federal Law. All employees legally entitled to military leave shall provide the department head/city manager an opportunity, within the limits of the military orders and regulations, to determine when such leave shall be taken. Department Heads/City

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Manager may modify the employee's work schedule to accommodate the requirements applying to the leave.

IX. EMPLOYEE BENEFITS

9.1 Medical Plan: All regular full-time Mid-Management employees are eligible to participate in the City's group medical plans. The City agrees to offer to meet and confer regarding any change in currently offered medical plans/benefits during the term of this agreement.

The City's contribution toward health insurance shall be a dollar amount up to 100% of the Kaiser Permanente Plan, or lowest cost medical plan, by premium category, whichever is greater in FY24-25. For those employees that select a more expensive medical plan, the difference between the City's contribution and the actual premium of the plan selected, shall be paid by the employee on a pre-tax basis.

Effective July 1, 2025, the City’s contribution toward health insurance shall be a dollar amount up to 100% of the lowest cost medical plan or up to 95% of the cost of the Kaiser Permanente medical plan by premium category, whichever is greater. For those employees that select a more expensive medical plan, the difference between the City’s contribution and the actual premium of the plan selected, shall be paid by the employee on a pre-tax basis.

Employees enrolled in Kaiser will have an amount equal to the employer monthly vision care premium applied to the base amount for medical insurance.

Employees opting out of the City paid Medical Plan shall receive a monthly stipend in an amount equal to $477 per month. (Amended 2017)

9.2 Life Insurance: The City will pay the premium for a $100,000 life insurance policy for MidManagement employees. City will pay any increased life insurance premium costs which may be incurred during the term of this MOU in conformance with those rates as set by the City's insurance carrier. (Amended 7/2014)

9.3 Dental Plan: Mid-Management employees are eligible to participate in the group dental plan with the same coverage available under Delta Dental where under the City shall pay 100% of the premium for employee and dependents. The City will pay any increased dental insurance premium costs which may be incurred during the term of this MOU.

9.4 Vision Care Plan: Mid-Management employees are eligible to participate in a group vision care plan offered by REMIF where under the City shall pay 100% of the monthly premium for employee and dependents. Employees enrolled in Kaiser will not be covered by the REMIF vision care plan, in as much as vision care is included in the Kaiser Heath plan.

The City will pay any increased vision care premium costs which may be incurred during the term of this MOU of Understanding in conformance with those rates as set by REMIF. (Amended 7/1987)

9.5 Long-term Disability Insurance: The City will pay the monthly premium for a long-term disability insurance plan. Terms of insurance shall include, but not be limited to the following: (1) Amount of Insurance: 67% of monthly salary for a maximum of $10,000 per month; (2) Elimination Period: Benefits will commence on the 91st day of continuous

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disability; and (3) Integration of Benefits: Full family. (Added 7/1988)

9.6 Flexible Spending and Dependent Care Reimbursement Accounts: Mid-management employees are eligible to participate in a Flexible Spending and/or Dependent Care Reimbursement Account. Employees can elect pre-tax dollars be deducted and placed into FSA or DCRA for applicable usage in accordance with state law, federal law, and current IRS regulations. The City shall provide this program by July 1, 2025.

9.7 Deferred Compensation: Starting July 1, 2025, the City will offer a $1,600 per year deferred compensation match to all members who have completed one year of continuous full time service. If an employee makes a contribution to the employee’s 457 account, the City will make a matching dollar for dollar contribution on a per-pay-period basis. Effective July 1, 2026, the deferred compensation match will be $1,750 per year.

X. PUBLIC EMPLOYEES RETIREMENT SYSTEM

10.1 Safety Employees: On behalf of its employees, the City has contracted with the California Public Employees' Retirement System (PERS) for retirement benefits. The classifications of Police Lieutenant, Fire Training Officer and Fire Marshal/Division Chief are designated as 'Safety' members of PERS. All other Mid-Management classifications are designated as 'Local Miscellaneous' members of PERS. For safety employees in classifications represented by Mid-Management and hired prior to the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 3% at

50. The City shall maintain additional CalPERS benefits as follows:
1) "1959 Survivor Benefits, Level IV" for which employees pay $.93 per bi-weekly pay period; 2) Post Retirement Survivor Allowance; and 3) One Year Final Compensation.

Safety employees in classifications represented by the Mid-Management pay the 9% employee contribution to PERS. The employee contribution is made by a pre-tax payroll deduction of 9%.

For safety employees hired on or after the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 2% at 50.

Retirement benefits will be calculated using the average income of the highest three (3) consecutive years. Employees will pay the 9% employee contribution to CalPERS. The employee contribution is made by a pre-tax payroll deduction of 9%.

10.2 Local Miscellaneous Employees: On behalf of its non-sworn employees, the City has contracted with the Public Employees' Retirement System (PERS) for retirement benefits.

Such employees are designated 'Local Miscellaneous' members of PERS. For Local Miscellaneous employees in classifications represented by Mid-Management and hired prior to the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 2.5% at 55. The City shall maintain additional CalPERS benefits as follows: 1) "1959 Survivor Benefits, Level IV" for which employees pay $.93 per bi-weekly pay period; 2) Post Retirement Survivor Allowance; and 3) One Year Final Compensation. Local Miscellaneous employees in classifications represented by the Mid-Management pay the 8% employee contribution to PERS. The employee contribution is made by a pre-tax payroll deduction of 8%. (Amended 7/1/12) For 'Local Miscellaneous' employees hired on or after the effective date of the CalPERS amendment establishing a second tier pension plan for Local Miscellaneous Members,

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the retirement formula will be 2% at 60. Retirement benefits will be calculated using the average income of the highest three (3) consecutive years. Employees will pay the 7% employee contribution to CalPERS. The employee contribution is made by a pre-tax payroll deduction of 7%. (Added 7/1/12)

10.3 Public Safety Employees - CalPERS Pension Swap:

Effective the pay period beginning August 6, 2017 and a CalPERS contract amendment, classic public safety employees in classifications represented by the Mid-Management shall contribute a total of 10% to PERS. The employee contribution is made by a pre-tax payroll deduction of 10%. As soon as administratively feasible the City shall implement a contract amendment. This pension contribution shall extend beyond the expiration of this MOU and is intended to satisfy the 2018 member contribution pursuant to PEPRA.

Effective the first full pay period in July 2018, classic public safety employees in classifications represented by the Mid-Management shall contribute a total of 11% to PERS. The employee contribution is made by a pre-tax payroll deduction of 11%.

Effective the first full pay period in July 2019, classic public safety employees in classifications represented by the Mid-Management shall contribute a total of 12% to PERS. The employee contribution is made by a pre-tax payroll deduction of 12%. (Added 8/2017)

10.4 PEPRA. The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement law amendments in Assembly Bill 340 became law on September 12, 2012 and the provisions were effective January 1, 2013. The City and MidManagement agree to implement all PEPRA provisions and all applicable amendments thereto. Effective January 1, 2013 all employees defined by PEPRA as "New members" in PERS 'Safety' classifications shall pay 50% of the total normal cost for the new Safety PERS pension formula of 2.7%@57, which is currently 11.5% as an employee contribution (on a pre-tax payroll deduction) with final compensation determined by the highest average annual pensionable compensation earned by an employee during a period of at least 36 consecutive months. Effective January 1, 2013 all employees defined by PEPRA as "New members" in PERS 'Miscellaneous' classifications shall pay 50% of the total normal cost for the new Miscellaneous PERS pension formula of 2% @ 62, which is currently 6.5% as an employee contribution (on a pre-tax payroll deduction), with final compensation determined by the highest average annual pensionable compensation earned by an employee during a period of at least 36 consecutive months.

XI. AUTOMOBILE REIMBURSEMENT
Employees shall be reimbursed for use of their private vehicle for city business up to the IRS allowable rate. The City Manager is authorized to establish an automobile allowance for members of the Mid-Management group provided the amount does not exceed $350.00 per month.

XII. CLOTHING ALLOWANCE

12.1 The City shall provide the uniforms for employees as specified by either the Fire or Police

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Chief.

12.2 The City will provide safety glasses, boots, city-issued shirts, and safety vests to employees in those classifications that require such clothing and equipment per Cal OSHA regulations.

XIII. LEAVE OF ABSENCE

13.1 Leaves of absence may be granted by the City, not to exceed six (6) months. The City may grant an employee a leave of absence without pay for compelling personal reasons for a period of six (6) months in duration and for urgent and substantial reasons up to a maximum of one year. A leave of absence without pay must be requested by employee and approved by City, and shall be in writing specifying the date of return. Any employee failing to return to work upon expiration of an approved leave of absence shall be deemed to have resigned their employment with the City. A leave of absence without pay is not an employment right and the City may deny such request. Said employee will not accrue sick leave, vacation benefits or incentive benefits while on leave status and City will cease paying medical, dental and visual insurance premiums. The employee may remain covered by such insurance if they pay the premiums.

13.2 The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated - by the City in conjunction with granting of the leave absence. An employee's status as a regular employee will not be impaired by such leave absence, however, the probation or evaluation period of an employee who is granted a leave absence shall be extended by the duration of such leave from the position from which probation or longevity is being served.

13.3 An employee who is sick and has used all their sick leave shall use their vacation leave and/or MMPEA administrative leave for the duration of time that the employee is away from work.

13.4 Leaves covered by the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and Pregnancy Disability Leaves (PDL), will be granted in accordance with federal and state laws unless otherwise specified herein. Such leaves may be covered by a City policy intended to provide the benefits required by the applicable laws and acts, but in no case shall employees covered under this agreement suffer a loss of such benefits should such a policy become invalidated by the City.

The employee shall be entitled to utilize sick leave benefits on the same basis as other employees who are temporarily disabled due to a non-industrial illness or injury. When the employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage.

Upon expiration of the approved leave, the employee shall be reinstated to their former position, or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee’s being reinstated, the department head may require a statement from the attending

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physician that the employee is physically capable of resuming the regular duties of their position.

An employee may, at the conclusion of their disability, request a leave of absence as provided in this Memorandum of Understanding.

XIV. JURY DUTY
No deductions shall be made from the salary of any employee while the employee is on jury duty provided the employee shall reimburse the City any compensation received, less any mileage and expense allowance, received as a juror.

XV. COMPENSATION FOR ILLNESS OF INJURY INCURRED

IN COURSE OF EMPLOYMENT

15.1 Safety personnel who are absent from their work due to injuries or illnesses arising out of or in the course of this employment are entitled to benefits under 4850 regulations of the State Labor Code.

15.2 Non-safety employees compelled to be absent from their work duty due to injuries or illness arising out of or in the course of this employment, they shall be eligible for supplemental benefits for a period of ninety (90) days. Such benefits shall commence with the first day of absence immediately following the day of disability. The amount of supplemental payment payable for each day of absence shall be ninety percent (90%) of the employee's basic weekly wage rate divided by five (5), less the sum of any payment to which they may be entitled under the Worker's Compensation and Insurance Chapters of the State Labor Code.

15.3 If at the end of said ninety (90) days, an employee is still unable to return to work, they may use their accumulated sick leave to supplement any payment to which they may be entitled under the Worker's Compensation and Insurance Chapters of the State Labor Code.

XVI. LONGEVITY PAY PLAN

16.1 Employees shall be eligible to receive longevity pay as set forth herein upon the satisfactory completion of a minimum of five (5) continual years of service.

The effective date of a longevity pay increase shall be the beginning of the pay period following the date of eligibility.

Any employee shall receive such pay in addition to their basic rate of pay in accordance with the following schedule:

Years of Service: Pay Rate:
5 years 2%
10 years 3%

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15 years 4%
20 years 5%
25 years 6%

16.2 For the purpose of this article, base rate of pay shall mean the salary at the time of the anniversary milestones indicated above. (Amended 7/2006) XVII. BILINGUAL PAY
Mid-Management employees who have the ability to understand and speak the Spanish language shall be eligible to receive additional compensation at the rate of $150 per calendar month. (Amended 7/2000)
Qualification for this extra compensation may be proven by certification; however, the City Manager may waive this certification requirement if they are otherwise satisfied as to the individual's bilingual qualifications. The City may require re-certification on an annual basis.

XVIII. EDUCATIONAL REIMBURSEMENT

18.1 The City encourages and supports educational and training programs that provide career development in areas directly related to their work. The City will provide reimbursement for courses approved by the City Manager or his designee, subject to budget limitations.

The employee shall submit a request in writing stating the course outline and how the course will help on the employee's job and benefit the City. The classes will be taken on the employee's own time.

18.2 Students/employees who receive a "C" grade or better, shall be reimbursed for tuition, fees and material costs directly related to the approved course. Employees pursuing a graduate degree in a major related to their work shall be reimbursed for 50% of all such costs.

18.3 If the student/employee leaves the employment of the City within one calendar year of having received such benefit, the employee will pay back to the City three-quarters (3/4) of said semester/quarter reimbursement. If the student/employee leaves the employment of the City within two calendar years of having received such benefit, the employee will pay back to the City one-half (1/2) of said semester/quarter reimbursement. 7/1992)

18.4 At the time of enrollment, the employee shall sign an agreement to abide by the provisions of paragraphs 18.2 and 18.3.

XIX. OUTSIDE EMPLOYMENT
No full-time employees of the City of Healdsburg shall follow any other calling or occupation or engage in any business that will tend to impair the efficiency of such employee or be incompatible with their position with the City or that will affect the relationship between the City, its residents and the business community. Before accepting any other position or engaging in any other business, the employee will obtain the approval of the department head. If the

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department head finds that any particular employment violates this policy, they shall withhold their approval of such outside employment. The decision of the department head is subject to review by the City Manager at the request of the employee. The decision of the City Manager shall be final.

XX. EVERGREEN CLAUSE
The City provides that if agreement on a successor MOU has not been reached by 12 a.m. (midnight) on the expiration date of the current MOU, the existing MOU shall continue infull force and effect until a successor MOU is adopted, or failing agreement to adopt a successor MOU, until the applicable impasse procedure is exhausted. (Added 7/2010) XXI. MUTUAL ASSISTANCE
When approved by the respective department head in advance, employee shall be compensated at the hourly rate for non-regular hours worked on emergencies outside of the city, where a current written agreement exists that provides for cost reimbursement. The parties agree that such hourly compensation shall not modify or in any way impact Employee's exempt employment status. (Added 08/2017)
XXII. DISASTER OVERTIME PAY
All employees are Disaster Service Workers. In the event of a FEMA-reimbursable emergency, exempt employees shall be compensated with Disaster Overtime Pay. Disaster Overtime Pay applies for hours actually worked in excess of eighty (80) hours a pay period on activities related to the Emergency Operations Center (EOC), disaster management, and recovery. Disaster Overtime Pay shall be at the rate of time and one-half of the employee’s base hourly rate.

Exempt employees rendering aid to assist with disaster response efforts in other jurisdictions shall be compensated Disaster Overtime Pay at the rate of time and one-half.

Disaster Overtime Pay shall be paid within a reasonable time to allow processing and shall not be withheld until settlement of claims reimbursement. Disaster Overtime Pay is subject to CalPERS and applicable State and Federal tax rates.

XXllI. RATIFICATION
The designated representatives of the City and the designated representatives of the MidManagement andProfessional EmployeesAssociation, having met andconferred ingood faith regarding wages, hours, and other terms and conditions of employment submit the following Memorandum of Understanding to the City Council of the City of Healdsburg, to be effective July 1, 2024 throughJune 30,2027.

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Signed on this 5th dayof August, 2024.

Designated Representatives of MidManagement and Professional Employees Association
____________________________________
Patrick Fuss, MMPEA Representative
____________________________________
Robert Scates, MMPEA Representative
Designated Representative of the
City of Healdsburg:
______________________________
Jeffrey Kay, City Manager
____________________________________
Ellen McDowell, MMPEA Representative
Approved by CityCouncilResolutionNo.___-2024

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APPENDIX 'A'
SCHEDULE OF SALARY RANGES - effective 7/01/2024

MID-MGT & PROF EMPS
ASSOC. (MMPEA)
A step B step C step D step E step
Accountant $7,895.11 $8,297.27 $8,721.04 $9,166.43 $9,633.48 Accounting Manager $9,487.34 $9,961.70 $10,459.81 $10,982.78 $11,531.92 Administrative Analyst I $7,105.61 $7,460.89 $7,833.94 $8,225.63 $8,636.92 Administrative Analyst II $7,895.11 $8,297.27 $8,721.05 $9,166.43 $9,633.48 Associate Civil Engineer $8,985.74 $9,443.86 $9,924.91 $10,431.40 $10,963.33 Building Official $10,747.22 $11,284.57 $11,848.80 $12,441.24 $13,063.30 Central Services Manager $9,487.34 $9,961.70 $10,459.81 $10,982.78 $11,531.92 Chief Information and Security
Officer
$12,079.48 $12,683.45 $13,317.62 $13,983.50 $14,682.69
City Clerk $9,678.51 $10,162.43 $10,670.57 $11,204.08 $11,764.30 City Clerk/Public Information Officer $11,130.28 $11,686.79 $12,271.15 $12,884.71 $13,528.95 Deputy City Clerk $7,140.32 $7,502.29 $7,886.18 $8,287.94 $8,711.59 Electric Operations Superintendent $13,722.61 $14,408.61 $15,129.04 $15,885.50 $16,679.77 Emergency Response Coordinator $8,418.89 $8,839.84 $9,281.84 $9,745.93 $10,233.21 Finance Manager $10,431.40 $10,963.34 $11,523.27 $12,111.22 $12,728.42 Fire Marshal/Division Chief $12,422.47 $13,043.59 $13,695.78 $14,380.56 $15,099.59 Information Technology Manager $11,184.70 $11,743.94 $12,331.13 $12,947.69 $13,595.08 Parks and Open Space
Superintendent
$9,630.36 $10,111.88 $10,617.48 $11,148.35 $11,705.76
Police Lieutenant $12,792.36 $13,431.98 $14,103.57 $14,808.76 $15,548.84 Police Social Services Team Member $7,469.13 $7,842.59 $8,234.71 $8,646.45 $9,078.76 Principal Civil Engineer $11,903.77 $12,500.62 $13,125.47 $13,780.83 $14,470.58 Project Manager $8,536.46 $8,971.67 $9,428.66 $9,909.83 $10,415.17 Public Information & Community
Outreach Coordinator
$7,656.02 $8,038.83 $8,440.77 $8,862.80 $9,305.95
Recreation Manager $9,253.66 $9,716.36 $10,202.17 $10,712.28 $11,247.89 Recreation Supervisor $7,219.39 $7,587.17 $7,974.02 $8,381.25 $8,808.84 Senior Civil Engineer $10,535.75 $11,074.06 $11,637.79 $12,232.10 $12,855.68 Senior Planner $10,431.40 $10,963.33 $11,523.27 $12,111.22 $12,728.42 Senior Project Manager $10,167.00 $10,686.47 $11,230.48 $11,803.99 $12,405.73 Utilities Engineering Manager $13,120.14 $13,776.15 $14,464.96 $15,188.21 $15,947.60 Utility Maintenance Superintendent $10,963.77 $11,511.95 $12,087.57 $12,693.05 $13,326.55 Utility Safety Compliance Coordinator $8,047.57 $8,449.94 $8,872.44 $9,316.05 $9,781.86 Water and Wastewater Operations
Superintendent
$11,582.09 $12,161.19 $12,769.26 $13,407.72 $14,078.10

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Memorandum of Understanding (“MOU”) between the City of Healdsburg and Healdsburg Police Officers Association (“HPOA”)
PREPARED BY: Renee Senander, Human Resources Manager
STRATEGIC INITIATIVE(S):

Provide Effective Governance
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Adopt a Resolution approving the MOU between the City of Healdsburg and the Healdsburg Police Officers Association for the three-year period ending June 30, 2027.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The existing MOU between the City and the Healdsburg Police Officers Association (HPOA) expired on June 30, 2024. The City and HPOA began contract negotiations in March 2024 and reached a tentative agreement on a three-year successor package on June 11, 2024.

On June 17, 2024, HPOA members voted to ratify the new MOU.

DISCUSSION/ANALYSIS:

During the negotiating process the City Council provided direction to the City’s negotiator regarding conditions of employment, such as wages, sick leave, health care, retirement benefits and special compensation. Key points for this MOU are as follows:

Term 3 years
Cost of Living Adjustment Year 1 (effective July 1, 2024) Year 2 (effective July 1, 2025)
Year 3 (effective July 1, 2026)
3%
CPI (2% - 3.5%)
CPI (2% - 3.5%)
Deferred Compensation FY 2024-25
FY 2025-26
$0
$1,000

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FY 2026-27 $1,250
Educational Incentive Increased by $50/month for an Associate and Bachelor’s degree. Added language to establish $650/month for
employees with a Master’s degree or for a Bachelor’s plus P.O.S.T. Supervisory Certificate.

Educational Reimbursement Added language consistent with existing City policy to allow for employee’s to be reimbursed up to $1,500 per
fiscal year for educational courses directly related to their job duties.

Uniform Allowance Increased by $195/year for sworn employees. Moving forward, allowance distributed as a per pay period payment for eligible sworn and non-sworn employees.

Bilingual Incentive Increased by $25/month.

Flexible Spending and Dependent
Care Reimbursement Accounts
Within one year of MOU adoption, the City will establish an FSA and DCRA program for employees to voluntarily
participate in.

Election to Cash-Out Future
Vacation Accruals
Added language to allow for employees to elect by
December 31st to cash-out future vacation accruals to be paid the following year.

Sick Leave Bonus Removal of the sick leave bonus payment.

Salary Steps Removed A Step from the 6-step salary schedule, and reestablished remaining steps as a 5-step salary schedule.

Medical Benefit Added language effective FY 2025-26 the City medical premium contribution will include 95% of the Kaiser
Permanente Plan or 100% of the lowest cost plan,
whichever is greater.

Other miscellaneous changes include language updates to medical benefits, dental benefits, sick leave, holiday pay, and a variety of technical cleanup revisions to better document current practices.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City’s labor negotiator bargained in good faith with HPOA based on Council direction.

Council may choose not to adopt the proposed resolution, and in that case staff requests additional direction.

FISCAL IMPACT:

The Adopted Budget for Fiscal Year 2024-25 is in alignment with the negotiated agreement. The total cost for the salary and benefits in the negotiated agreement for Fiscal Year 2025-26 are variable depending on the CPI in February 2025 and the medical insurance rates in effect July 1, 2025. If actual costs exceed the Adopted Budget for Fiscal Year 2025-26 staff will return to council to propose any necessary amendments.

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ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Resolution
HPOA MOU 2024-2027

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CITY OF HEALDSBURG
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HEALDSBURG

AND THE HEALDSBURG POLICE OFFICERS ASSOCIATION
FOR THE PERIOD ENDING JUNE 30, 2027
WHEREAS, representatives of the City of Healdsburg have met and conferred with representatives of the Healdsburg Police Officers Association (“HPOA”); and WHEREAS, the City Council, considered revisions as proposed by the City of Healdsburg and the HPOA to the Memorandum of Understanding (“MOU”) between the City of Healdsburg and the HPOA; and
WHEREAS, agreement regarding the revisions of certain working conditions including conditions of employment, such as wages, health care, and special compensation has been reached as reflected in the Agreement dated June 17, 2024, as shown in Exhibit “B”, incorporated herein by reference and titled “Memorandum of Understanding between the City of Healdsburg and the Healdsburg Police Officers Association 2024-2027”.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby approve the above-cited MOU as working conditions and benefits for members of the Healdsburg Policer Officers Association for the period of July 1, 2024 through June 30, 2027 and may not be amended other than by mutual consent or as otherwise stipulated.

PASSED, APPROVED AND ADOPTED this 5
th day of August 2024 by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ___________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Memorandum of Understanding
Between the

CITY OF HEALDSBURG
and the
HEALDSBURG POLICE OFFICERS’ ASSOCIATION
2024-2027

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TABLE OF CONTENTS
I. PREAMBLE ............................................................................................................................................................1 II. ASSOCIATION SECURITY..................................................................................................................................1 III. CLASSIFICATIONS AND RATE OF PAY........................................................................................................3 IV. SENIORITY............................................................................................................................................................4 V. MANAGEMENT RIGHTS.....................................................................................................................................5 VI. HOURS OF WORK AND OVERTIME...............................................................................................................5 VIII. HOLIDAYS ..........................................................................................................................................................7 IX. VACATIONS..........................................................................................................................................................8 X. SICK LEAVE .......................................................................................................................................................10 XI. HEALTH AND WELFARE ................................................................................................................................12 XII. PUBLIC EMPLOYEES RETIREMENT SYSTEM.........................................................................................13 XIII. LONGEVITY PLAN..........................................................................................................................................14 XV. UNIFORM ALLOWANCE................................................................................................................................15 XVI. BILINGUAL INCENTIVE ................................................................................................................................16 XVII. OUT OF CLASSIFICATION DIFFERENTIAL PAY...................................................................................16 XVIII. LEAVE OF ABSENCE..................................................................................................................................16 XIX. PARENTAL LEAVE, FMLA, CFRA AND PDL LEAVES ..........................................................................17 XX. BEREAVEMENT LEAVE.................................................................................................................................18 XXI. JURY DUTY......................................................................................................................................................18 XXII. LAYOFF ...........................................................................................................................................................18 XXIII. PROMOTIONS...............................................................................................................................................19 XXIV. STAFF LEVELS ............................................................................................................................................19 XXV. CALL BACK....................................................................................................................................................19 XXVI. EMPLOYEE BOOKLET ...............................................................................................................................19 XXVII. ASSOCIATION REPRESENTATIVE COMPENSATION ......................................................................20 XXVIII. OTHER RULES, REGULATIONS, ORDINANCES AND PRACTICES .............................................20 XXIX. GRIEVANCE PROCEDURES.....................................................................................................................20 XXX. NO STRIKE AND NO LOCKOUT................................................................................................................23 XXXI. OTHER AGREEMENTS...............................................................................................................................24 XXXII. OUTSIDE EMPLOYMENT..........................................................................................................................24 XXXIII. PUBLIC SAFETY OFFICES PROCEDURAL BILL OF RIGHTS........................................................25 XXXIV. FULL UNDERSTANDING, ACKNOWLEDGMENT, MODIFICATION...............................................25 XXXV. RULES, REGULATIONS AND PROCEDURE MANUAL .....................................................................25 XXXVI. SEVERABILITY ..........................................................................................................................................25 XXXVII. TERM OF AGREEMENT..........................................................................................................................26

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XXXVIII. RATIFICATION.........................................................................................................................................26 APPENDIX “A”.........................................................................................................................................................27

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I. PREAMBLE
Pursuant to the Meyers Milias Brown Act, this Memorandum of Understanding (MOU) has been entered into by the City of Healdsburg (CITY) and the Healdsburg Police Officer’s Association (ASSOCIATION). The purpose of this MOU is the promotion of harmonious relations between the City and the Association, the establishment of equitable procedures for the peaceful resolution of differences, and the establishment of rates of compensation, hours of work, and other matters relating to employment conditions to be observed by the parties.

Recognition: The City hereby recognizes the Association as the sole and exclusive representative for the bargaining unit consisting of the following classifications:

Sworn:

Police Sergeant
Police Officer
Non-Sworn:

Dispatcher I/II
Police Technician
Police Records Officer
Police Records Supervisor
Police Dispatch Supervisor
Police Officer Recruit
(Amended 6/24)
II. ASSOCIATION SECURITY
The City recognizes, and shall not interfere with, the right of each regular Police Department employee, to become and remain a member of the Association according to the free choice of such employee. It is expressly understood and agreed that employees covered by this MOU shall be equally free to become or not become members of the Association, and there shall be no discrimination on that account or interference, restraint, or coercion by either party signatory hereto or their officers, agents or representatives respecting any employee because of membership or non-membership in the Association.

The Association rights include:

A. The right to represent its members according to law, with regard to wages, hours and working conditions or other matters within the scope of representation.

B. The right to be given reasonable written notice of any change in or adoption of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation.

C. The right to a reasonable amount of time during regular working hours to represent its members when meeting and conferring on matters within the scope of representation.

D. The right to have payroll deductions made for payments of organization dues and for approved programs.

DUES

1. The City shall honor an employee’s check-off authorization for dues and other Associationsponsored programs, which are certified in writing by the Association to the City.

2. Deductions for dues or other Association-sponsored program shall start the first full pay period after the City receives written certification of the authorization. The City shall rely

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on the Association’s explanations in the certification provided by the Association, submitted by a representative of the Association who has authority to bind the Association must be received by the City from the Association at least thirty (30) calendar days prior to the change becoming effective. The change will be implemented by the City the first full pay period following the notice period.

3. The Association shall not provide the City a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization.

4. The Association shall indemnify the City for any claims made regarding such deductions.

Data Pertaining to Certified Deductions
The City shall provide the Association every pay period, on a regular ongoing basis, an electronic file containing the following information for each Bargaining Unit Member:

1. Full Name (first, middle, last, suffix)

2. Employee Number

3. Job Classification

4. Job Type (full-time, part-time, extra help, as needed)

5. Bargaining Unit

6. Scale/Step

7. Base Rate

8. Department

9. Division (subcode of the department)
New Employee Orientation

1. The City shall notify new employees represented by the Association that the Association is the recognized employee organization for the employee’s classification. Within 3 days of hire into the bargaining unit, the Association shall have the opportunity to make a 30-minute presentation to each new employee.

2. The City shall notify the Association of a new employee hire at least ten (10) calendar days in advance, except that a shorter notice may be provided in specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable.

3. Each new employee shall receive a copy of the Association’s standard introductory packet, copies of which shall be provided by the Association.

4. One Association designee shall be granted 30 minutes City release time plus reasonable release time for necessary travel to present on the Association’s behalf to any new employee.

E. The right to the use of a designated bulletin board by recognized employee organizations in each building or facility where employees represented by the Association are assigned.

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F. The use of City facilities for Association activities provided that appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

G. The City Council or its designated representative making copies of their agenda available.

H. Reasonable access to employee work locations for officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Department or with established safety or security requirements.

I. There shall be no discrimination because of race, creed, color, national origin, sex, or legitimate Association activities against any employee or applicant for employment by the City or by applicable state and federal law; there shall be no discrimination against any handicapped person solely because of such handicap.

J. Except as otherwise expressly provided, it is acknowledged that nothing contained in this MOU is a waiver by the Association of its right to meet and confer on any proposed changes by the City on any matter(s) relating to employment conditions and employer-employee relations including but not limited to, wages, hours, and other terms and conditions of employment relations, during the term of this MOU.

III. CLASSIFICATIONS AND RATE OF PAY
A. The job classifications and rates of pay shall be as set forth in Appendix “A” which is hereby made a part of this MOU.

1. The salary ranges for classifications within this bargaining unit will be a five (5) step salary range.

2. Salary Adjustments:
a) Effective July 1, 2024 all classifications covered by this agreement shall receive a 3% cost of living adjustment.
b) Effective July 1, 2025, all classifications covered by this agreement shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period of February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-OaklandSan Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 2% or more than 3.5%.
c) Effective July 1, 2026, all classifications covered by this agreement shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period of February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-OaklandSan Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 2% or more than 3.5%.

B. It is understood that merit pay increases are based on demonstrated achievement and satisfactory work performance. Merit increases are not automatically granted on anniversary

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dates, and the employee’s performance evaluation report will be used when considering merit increases. (Amended 6/4/84)
C. FTO Assignment and Training Compensation:

Any Employee assigned and who performs as a training officer within an approved training program including a training manual and/or where Daily Observation Reports are required shall be entitled to receive 5% out-of-classification pay for all hours assigned to train other employees. The term “employee” shall include paid employees, reserve employees, and unpaid volunteer personnel. (Amended 7/1/98)
D. Special Assignment Pay

1. An employee assigned to work as Detective or Corporal shall be paid 5% above their base hourly rate of pay.

2. A Police Officer assigned to work with the Police Social Services Team Member on the Community Oriented and Equity (CORE) Policing Team shall be paid 7% above their base hourly rate of pay. (Added 6/22)

3. City and HPOA agree that the estimated amount of off duty compensable time attributed to all ordinary aspects of canine care, including but not limited to: handling caring for, feeding grooming and kennel cleaning is fifteen (15) hours per month. Compensation for this time shall be time and one-half of the employee’s base hourly rate of pay. (Amended 7/1/17)

4. The Traffic (Motorcycle) Officer and K-9 Officer, when a K-9 is obtained, shall be paid 5% above their base hourly rate of pay. (Added 7/1/17)
IV. SENIORITY
A. Employees covered by this MOU shall attain seniority upon satisfactory completion of a probationary period of eighteen (18) months of continuous, full-time employment by sworn officers and by non-sworn personnel and thereafter shall be deemed regular employees with seniority dating from the effective date of their employment; unless, the probationary period is extended for up to an additional six months by the Chief; or the probationary period is broken by a leave of two weeks or greater, excluding vacation time. Should the probationary period be broken in such a manner, it will remain frozen until such time as the employee returns to full-time active service. (Amended 7/1/17)
Part-time non-sworn personnel shall attain seniority upon satisfactory completion of a probation period of 18 months of continuous part-time employment. This section does not apply to employees funded by federal, state or other government agencies unless employees are retained, and then past service will count towards seniority. (Amended 7/1/81) B. Seniority by classification shall prevail. (Amended 7/1/98) C. Seniority shall be considered broken upon: (Amended 7/1/98)

1. Resignation or discharge;

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2. On Lay-off or non-work status for more than twelve (12) months; except that an employee on “4850 time”* shall not be considered on non-work status for the purpose of this section. (Amended 7/1/98)

3. Failure to communicate with the City within forty-eight (48) hours upon receipt of notice at the address employee registers with City for receipt of notice to return to work following lay-off.

4. Failure to report for work within 15 days after receipt of notice to return to work from the City.
* Time taken pursuant to California Labor Code Section 4850, Fireman and Law Enforcement Officers “Leave of Absence in Lieu of Temporary Disability Payments”. (Amended 7/1/89) V. MANAGEMENT RIGHTS
The Management of the City and its business and the direction of its working forces are vested exclusively in City, and this includes, but is not limited to, the following: to direct and supervise the work of its employees, to hire, promote, demote, transfer, suspend, and discipline or discharge for just cause; to plan, direct and control operations; to lay off employees because of lack of work or for other legitimate reasons; to introduce new or improved methods or facilities; to maintain discipline and efficiency of employees; to establish and change production standards, determine the qualification of employees; and to regulate quality and quantity of production, provided, however, that all of the foregoing shall be subject to the provisions of this MOU.

VI. HOURS OF WORK AND OVERTIME
A. The City shall pay an amount equal to one and one-half (1-1/2) times the employee’s hourly rate of pay for an employee required to work in excess of a scheduled 8/10/12 hour work shift and /or more than forty (40) hours per work week.

All overtime must be authorized by the employee’s Supervisor or the Chief of Police in advance or, if the overtime is necessitated by an emergency, as soon thereafter is practicable.

A work week for safety members covered under this agreement, except Detective and Sergeant, shall consist of four (4) consecutive ten (10) hour shifts followed by three (3) consecutive days off. For the classification of Sergeant, the work week will consist of three (3) consecutive twelve (12) hour shifts with an eight (8) hour shift consecutive to the twelve (12) hour shifts every other week or four (4) consecutive ten (10) hour shifts followed by three (3) consecutive days off.

For, the classifications of Patrol Officer and Sergeant, not to include the assigned duties of Detective, rotation shall consist of a bid by seniority. Each employee will bid for their shift one year at a time by selecting two (2) six (6) month periods. Officers and Sergeants may bid the same shift twice and then must make another choice of shift for a six (6) month period.

For the Special Assignment of Detective, a fourteen day work period shall consist of either five (5) consecutive nine (9) hour shifts followed by two (2) consecutive days off then three (3) consecutive nine (9) hours shifts and one (1) eight (8) hour shift, with four of the eight (8) hours worked in each designated seven day work week, followed by three consecutive days off or two (2) cycles of four (4) consecutive ten (10) hour shifts followed by three (3) consecutive

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days off. For the purpose of computing time worked in this section, all paid leave taken during a work week shall be computed as time worked. (Amended 7/1/00) If staffing levels for regular patrol shifts fall below 75% capacity, the Chief and HPOA President agree to explore alternative shifts to meet operational demands. There shall be no change to current schedule absent mutual agreement of the parties.

A work week for classification of Dispatcher shall consist of either a 4-10 or a 3-12 work schedule. The 4-10 schedule will consist of four (4) consecutive ten (10) hour shifts followed by three (3) consecutive days off. The 3-12 hour schedule will consist of three (3) consecutive twelve (12) hour shifts with an eight (8) hour shift consecutive to the twelve (12) hour shifts every other week. A work week for the classification of Dispatch Supervisor shall consist of either a 5-8, 4-10, or 3-12 work schedule. The five (5) consecutive eight (8) hour shifts followed by two (2) consecutive days off. The 4-10 schedule will consist of four (4) consecutive shifts followed by three (3) consecutive days off. The 3-12 schedule will consist of three (3) consecutive twelve (12) hour shifts with an eight (8) hour shift consecutive to the twelve (12) hour shifts every other week.

Dispatchers shift rotation shall consist of a bid by seniority. Each Dispatcher will bid for their shift one year at a time by selecting three (3) four (4) month periods or two (2) six month periods. Dispatchers may bid the same shift twice and then must make another choice of shift for a four (4) or six (6) month period. If the vote is tied between three (3) four (4) month periods or two (2) six month periods, the current shift rotation in place will continue. (Amended 2024) A work week for the classifications of Police Records Officer, Police Records Supervisor, and Police Technician shall consist of a 5-8, a 4-10 or a 9-80 work schedule. The 5-8 schedule will consist of five (5) consecutive eight (8) hour shifts followed by two (2) consecutive days off.

The 4-10 schedule will consist of four (4) consecutive shifts followed by three (3) consecutive days off. The 9-80 schedule will consist of four (4) consecutive nine (9) hour shifts, with a single eight (8) hour shift every other week, followed by two (2) or three (3) consecutive days off for each respective work week. (Amended 6/22).

A shift is defined by the hours worked regardless of days of the week worked. (i.e.: DDDD is a different shift than DDDC by definition due to the difference in hours worked.) This work week shall become subject to change to accommodate shift rotations, vacation schedules and educational relief assistance in that days off may be apportioned within a 28 day period from the date earned without overtime earned.

B. Scheduling: Every effort will be made to post planned shift vacancies on an overtime sign-up sheet when doing the work schedule for the next work period and when those vacancies are known at least two weeks prior to the start of that work schedule.

Both the City and HPOA recognize that every effort should be made to fill overtime vacancies on a volunteer basis, however, also recognizing that the work schedule needs to be filled in a manner that has its main concern to be the smooth operation of the Police Department. (Added 7/87)
C. Police Technician Overtime: Authorized work by a Police Technician in excess of: (1) 40 hours per week; or (2) time worked on a holiday. (Amended 7/09) D. Compensatory Time Off: Employees may, at their option, receive pay for such overtime hours or may accumulate compensating time at the rate of time and one-half (1 ½), subject to the following:

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1. Employees may accrue unlimited compensation time within the calendar year; however, the amount of compensation time-off shall be limited to 80 hours per calendar year.

2. Comp time shall not be accrued from one year to the next. Employees will be paid for any accumulated but unused comp time balance on the first pay period in January.

3. The use of comp time, actual time off work, must receive prior approval of a supervisor/Chief of Police.

4. Employees working to cover the shift of an employee taking comp time would be required to take pay only. (Added 6/22)
E. Shift Differential: An employee who works a shift in which the employee works one (1) or more hours between 7:00 p.m. and 7:00 a.m. shall receive a shift differential of five percent (5%) of the employee’s base pay for each hour worked between 7:00 p.m. and 7:00 a.m.(Amended 6/22)
VII. TRAVEL TIME / LODGING
A. Employees will be paid for travel time to and from approved seminars, training sessions, classes, out of City assignments, and out of county court appearances per provisions of the Fair Standard Labor Act. Regular meal period time is not counted as compensable time. (Amended 7/1/98)
B. Reimbursement for the full cost of lodging will be made to the participant when the course he/she is attending requires residency at the hotel in which the training or seminar is being held. (Added 7/95)
C. Employees attending a multi-day training (of 40 hours or more) in which the instruction/training is scheduled for 8 hours each day will be placed on a 5-8 schedule, consisting of five (5) consecutive eight (8) hour shifts followed by two (2) consecutive days off. Employees scheduled for training consisting of less than a 40 hour block shall continue their 4-10 or 3-12 schedule and will be required to report to work to complete their full shift if the training/travel time is less than their normal shift. (Added 6/22)
VIII. HOLIDAYS
A. Recognized Holidays: It is agreed that all sworn full-time regular employees and dispatchers represented by the Association shall be paid for thirteen (13) holidays per year, in lieu of days off. Non-sworn full-time regular employees represented by the Association shall be entitled to take holidays off with pay. (Amended 2024)
B. Recognized holidays are:

New Year’s Day - January 1st
Martin Luther King Jr. Day - 3rd Monday in January
President’s Day - 3rd Monday in February
Memorial Day - Last Monday in May
Juneteenth - June 19th
Independence Day - July 4th
Labor Day - First Monday in September

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Veteran’s Day - November 11th
Thanksgiving Day - Last Thursday in November
Christmas Day - December 25th
Work Holidays - Day after Thanksgiving,
- Christmas Eve Day,
- New Year’s Eve Day;
And any other day proclaimed by the President and/or Governor and recognized by the City of Healdsburg as a public holiday, day of mourning or day of Thanksgiving. Except that when the City elects to give City employees additional holiday days, said additional holidays shall become recognized holidays for the Association on an as granted basis by the city. (Amended 6/22)
C. Rate of Pay: Full-time employees shall be paid for thirteen (13) holidays per year in lieu of days off. Personnel assigned to the following positions which must be staffed each day of the week, are not granted official City Holidays as days off with pay: Police Officer, Police Sergeant, Dispatcher I/II, Police Dispatch Supervisor.

In lieu thereof, they shall receive one day of holiday credit for each official City holiday. These additional hours shall be paid over twenty-six pay periods in the year and shall be in addition to other regular compensation.

These payments are intended to be reportable to CalPERS as special compensation under 2CCR§ 571(5). Holiday pay will be factored into the regular rate for the purposes of calculating overtime. (Amended 6/22)
Holidays shall be paid based on 10-hour shifts for Police Officer, Police Sergeant, and Police Dispatch Supervisor, and 12-hour shifts for Police Dispatcher at the employee’s compounded hourly rate and shall be reported to PERS as part of payroll on behalf of the employees. Should Police Officer, Police Sergeant, or Police Dispatch Supervisor be on 12-hour shifts during the pay period of the holiday, the employee shall add 2 hours of holiday pay to the timecard. The compounded hourly rate shall be defined as regular hourly rate plus incentive and specialty pay upon adoption of this agreement. Full time probationary employees shall be paid for holidays on a prorated basis based upon their date of hire and number of holidays earned therefrom.

Commencing with ratification of this agreement, non-sworn positions, with the exception of Dispatch, will receive compensation when a holiday falls on their regularly scheduled workday.

When a holiday falls on a Sunday, the next work day work day following shall be observed as the holiday. When a holiday falls on a Saturday, the preceding work day shall be observed as the holiday. If a holiday falls on a RDO, a floating holiday is earned. Such compensation will be paid at their straight time rate for the number of hours regularly worked. Non-sworn positions, with the exception of Dispatch, that are scheduled to work on any holiday listed in Section VIII, Holidays, shall receive time and one-half their regular rate of pay for that day, in lieu of holiday pay. (Amended 2024)
IX. VACATIONS
A. All regular, full-time HPOA employees shall become eligible for vacation as it is earned and shall accrue vacation leave at full pay as follows (Amended 6/22).

Length of
continuous service
Hours accrued per
Bi-weekly pay period
Annual
Accrual

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0 to 2 years 3.85 100
2+ to 5 years 4.62 120
5+ to 10 years 5.77 150
10+ to 15 years 6.92 180
15+ to 20 years 7.69 200
20+ to 25 years 8.85 230
25+ years 9.62 250
An employee may defer some or all of their vacation to the following year. However, in no event shall an employee accumulate vacation days greater than three times their annual accrual rate. Employees who have accumulated vacation days equal to three times their annual accrual rate will cease to accrue vacation until the accumulated amount is reduced below the level of three times their annual accrual rate.

Election to Cash-Out Future Vacation Accruals: An employee may request a cash-out of certain amounts of vacation the employee will accrue in the next calendar year if they have a vacation bank of at least 120 hours, and at least 80 hours of vacation has been taken by the employee within the previous twelve months.

Such requests must be approved by the City Manager.

Effective December 2024, and during the month of December each year thereafter, there will be an irrevocable election period during which each bargaining unit member may make an irrevocable election to cash out certain vacation that will be accrued during the following year (the “cash-out year”) on the form prescribed by Human Resources. The number of hours that the bargaining unit member intends to cash out must be indicated at that time. Failure to timely submit a properly completed irrevocable election form shall be the same as making no election.

The cash-out of future vacation accruals is subject to the following conditions:
• An employee must have a minimum balance of 120 hours of accrued vacation at the time of election.
• An employee must have used at least eighty (80) hours of vacation for actual time off from work during the twelve (12) month period preceding the election. • Any vacation time actually taken by the employee during the cash-out year will be subtracted first from any carryover hours which existed at the end of the prior year and then from vacation hours accrued in the current year for which no election has been made.
• An irrevocable election form must be received and accepted by Human Resources no later than December 31st for the following calendar year. • The election to cash-out leave hours in each designated year will be irrevocable and will only apply to the upcoming calendar year. This means that employees who elect to cash-out leave hours must cash out the number of accrued hours pre-designated on the election form. The amount of accrual hours designated for cash-out cannot be increased or decreased at the time of cash-out.
• In no event will a cash out payment exceed the value of hours the employee has actually accrued for the period of time between January 1 and the distribution date in any given year.
• All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit the first full pay period in either June and/or December following accrual of the hours designated for cash out.

Employees on “4850”* will be paid for vacation accrued over their annual accrual rate. (Amended 2024)

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*Time taken pursuant to California Labor Code Section 4850, Fireman and Law Enforcement Officers “Leave of Absence in Lieu of Temporary Disability Payments”. (Amended 7/1/98) B. In no event shall an employee be entitled to a vacation with pay until earned. An employee who suffers lay-off, termination, resignation, or disability leave with accrued or earned vacation time not used shall be entitled to accrued vacation time.

C. For the purpose of this section and all other sections referring to “full pay”, “full pay” shall be defined as the employees’ monthly base salary and shall not refer to overtime or any other additions to the base salary.

D. Vacations will be scheduled throughout the fiscal year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided that requests are written on the sign-up sheet that is posted annually during the month of December. The City may reserve the right to deny a vacation request based on a justified manpower shortage for major events requiring four personnel or more, and the vacation request is for less than forty (40) hours. (Amended 7/1/10) E. On Thanksgiving, Christmas Eve day, Christmas Day, New Year’s Eve day, and New Year’s day, no vacation leave will be granted, unless:

1. The employee wishing to take vacation on the above holidays shall obtain, in writing, an agreement with another employee to work the shift(s) either by shift trade or overtime.

2. The use of the vacation does not impact shift coverage, subject to the approval of the affected shift’s watch commander.

This subjection does not apply to the positions of SRO, Downtown Foot Patrol, Detective, or Administrative Sergeant.

X. SICK LEAVE
A. All regular employees of the City shall accrue one day of sick leave for each month, or major fraction thereof employed. Accumulation of unused sick leave shall be unlimited.

B. Unless otherwise required by law, an employee who is returning to work following an absence from work due to illness may be required to undergo a medical examination by a City designated physician, at the expense of the City, prior to the employee returning to work.

C. Unless otherwise required by law, any employee who calls in and reports their inability to work because of illness or physical disability may be asked to have a health practitioner verify his condition to the City within 24 hours.

D. Medical statements may be required to verify an employee’s absence due to illness or injury and require, at a minimum, the following: (1) dates attended; prognosis; (2) duration of illness or injury; and (5) name, address, phone number and signature of treating physician or medical practitioner. (Amended 2/17)
E. Sick leave shall be allowed for the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member. For purposes of this Policy, “family member” includes a biological, adopted, or foster child, stepchild, legal ward, a child to whom the employee stands in loco parentis, or a child of a registered domestic partner, regardless of the child’s age or dependency status; a biological, adoptive, or foster

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sibling, parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the Employee was a minor child; a spouse; a State of California registered domestic partner; a grandparent; or a grandchild.

F. Sick leave shall be allowed for employees who are victims of domestic violence, sexual assault, or stalking, taking time off to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child G. Sick leave shall be allowed for employees who are victims of domestic violence, sexual assault, or stalking, taking time off to seek medical attention for injuries caused by the domestic violence, sexual assault, or stalking; to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; and to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

H. When an employee uses sick leave for the care of family members, employee shall do so in order to seek medical treatment and attempt to make arrangements for on-going care of the family member or to attend funeral or memorial services. An employee who uses more than three (3) days to take care of a family member may be required to present a doctor’s verification of the illness or injury. (Amended 2/17)
I. Election Prior to Retirement with Respect to Unused Sick Leave Credit:

An employee who retires with accumulated and unused sick leave shall have 50% of such unused sick leave credit automatically converted by the employer into a dollar value based on the employee’s salary (Unused Sick Leave Credit Value). The remaining 50% shall be converted to service credit for all Employees.

1. Employee Elections:

The Unused Sick Leave Credit Value will be contributed by the employer to the employee’s Post-Employment Health Reimbursement Arrangement (PHRA), Retirement Account, and/or CalPERS Service Credit based on the most recent written election of the employee that was provided to the employer for this purpose in a calendar year prior to the calendar year of retirement. Such written election (Election) must be made on a form provided by the employer and will have no effect unless made and delivered to the employer in a calendar year prior to the employee’s retirement. All employee elections will be subject to the then applicable Internal Revenue Code or other applicable limits that apply to employer-initiated contributions to such plans. The employee’s Election, once made, will become irrevocable for the succeeding calendar year, but may be changed on a timely basis with respect to future calendar years.

2. Plan Default
If at the time of an employee’s retirement there is no employee election on file, 100% of the Unused Sick Leave Credit will be contributed by the City to CalPERS as an automatic sick leave conversion to service credit pursuant to pension contract with the City.

3. The employee’s Unused Sick Leave Credit Value may not be paid to the employee in cash or in the form of some other taxable benefit.

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J. An employee who uses sick leave for purposes other than those purposes enumerated by this MOU or engages in private or other public work while on sick leave, without express written approval of the City, may be subject to disciplinary action. (Amended 2/17) K. An employee who is sick and has used all their sick leave time shall use their vacation leave for the duration of time that the employee is away from work. If an employee uses all their sick leave and vacation leave and is still sick, they may be granted a leave of absence without pay per Section XI.B. (Added 6/27/85)
L. Anytime an employee is placed on disability or administrative leave, the employee will automatically be assigned as follows: (Added 7/89, Amended 7/1/98)

1. If employee’s regular shift consists of four (4) ten (10) hour shifts: Monday through Thursday, 0700 to 1700 hours.

2. If employee’s regular shift consists of five (5) eight (8) hour shifts: five (5) consecutive weekday day shifts, 0800 to 1600 hours.

M. Retiree Health Savings Plan. The first full pay period of July of each successive calendar year accumulated sick leave hours in excess of eight hundred (800) hours shall be automatically converted into a cash value at the employee’s hourly rate and shall be contributed to each employee’s PHRA plan (Amended 6/22).

XI. HEALTH AND WELFARE
A. Permanent full-time employees shall be eligible to participate in the City’s group medical plans.

The City agrees to offer to meet and confer regarding any change in currently offered medical plans/benefits during the term of this agreement.

The City’s contribution toward health insurance shall be a dollar amount up to 100% of the Kaiser Permanente medical plan by premium category. For those employees that select a more expensive medical plan, the difference between the City’s contribution and the actual premium of the plan selected, shall be paid by the employee on a pre-tax basis. (Amended 6/22)
Effective July 1, 2025, the City’s contribution toward health insurance shall be a dollar amount up to 100% of the lowest cost medical plan or up to 95% of the cost of the Kaiser Permanente medical plan by premium category, whichever is greater. For those employees that select a more expensive medical plan, the difference between the City’s contribution and the actual premium of the plan selected, shall be paid by the employee on a pre-tax basis.

Payments for medical insurance premiums shall be made on a pre-tax basis. HPOA employees opting out of the City paid medical plan shall receive a monthly stipend of $477 per month. (Amended 7/12)
B. The City will pay the premium for a $100,000 life insurance policy per employee. In addition, the City will pay any increased life insurance premium costs which may be incurred during the term of this MOU in conformance with those rates as set by the City’s insurance carrier. (Amended 7/1/09)

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C. All regular, full-time employees and dependents are eligible to participate in the group dental plan where under the City shall pay 100% of the actual premium. The City will pay any increased dental insurance premium costs which may be incurred during the term of this MOU.

There shall be no change to the current practice of benefits and cost to employees absent mutual agreement of the HPOA and the City. (Amended 2024) D. All regular, full-time employees and dependents are eligible to participate in a group vision care plan where under the City shall pay 100% of the monthly premium. Employees enrolled in Kaiser will not be covered by the REMIF vision care plan and an amount equal to the monthly vision care premium will be applied to the base amount for health insurance as stated above in (a). The City will pay any increased vision care premium costs which may be incurred during the term of this MOU. (Amended 7/87)
E. Long-term Disability Insurance: As soon as administratively feasible following City Council Approval, for employees covered by this agreement, the City will pay the monthly premium for a long-term disability insurance plan. Terms of the insurance shall include, but not be limited to the following: (1) Amount of Insurance: 66-2/3% of monthly salary for a maximum of $10,000.00 per month ; (2) Elimination period: benefits will commence on the 91st day of continuous disability; and (3) Integration of Benefits: Full Family. (Amended 3/21) F. Any part-time employee who works an average of 35 hours per week per month or greater for 6 consecutive months, shall be entitled to receive full-time benefits for a like period of time.

Upon termination of employment, all benefits will cease. (Added 7/87) G. No change in carrier or benefit levels in the vision, health, or dental programs shall be made during the term of the contract without the express approval of the Healdsburg Police Officers’ Association except as specified in Section A hereinabove. (Added 7/1/98) H. Flexible Spending Account and Dependent Care Account: The City shall provide a Flexible Spending Account and Dependent Care Account Program by July 1, 2025. Contributions may be made by employees on a voluntary basis to such program, consistent with State and Federal law. (Added 2024)
I. 457 Deferred Compensation: Effective July 1, 2025, the City to offer a $1,000.00 deferred compensation to all members who have completed one year of continuous full-time service.

To receive this benefit, eligible employees must elect to participate in the City’s program during open enrollment of each year. July 1, 2026, this amount shall increase to $1,250.00. (Added 2024)
J.

XII. PUBLIC EMPLOYEES RETIREMENT SYSTEM
A. Safety Employees: On behalf of its safety employees, the City has contracted with the Public Employees’ Retirement System (PERS) for retirement benefits. For safety employees in classifications represented by HPOA and hired prior to the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 3% at 50.

The City shall maintain additional CalPERS benefits as follows: 1) “1959 Survivor Benefits, Level IV” for which employees pay $.93 per bi-weekly pay period; 2) Post Retirement Survivor Allowance; and 3) One Year Final Compensation.

Sworn Classic employees in classifications represented by the HPOA shall contribute a total of 12% to PERS. The employee contribution is made by a pre-tax payroll deduction.

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For safety employees hired on or after the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 2% at 50. Retirement benefits will be calculated using the average income of the highest three (3) consecutive years.

B. Non-safety Employees: On behalf of its non-sworn employees, the City has contracted with the Public Employees’ Retirement System (PERS) for retirement benefits. Such employees are designated “Local Miscellaneous” members of PERS. For non-safety employees in classifications represented by HPOA and hired prior to the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 2.5% at 55.

The City shall maintain additional CalPERS benefits as follows: 1) “1959 Survivor Benefits, Level IV” for which employees pay $.93 per bi-weekly pay period; 2) Post Retirement Survivor Allowance; and 3) One Year Final Compensation. Non-sworn employees in classifications represented by the HPOA pay the 8% employee contribution to PERS. The employee contribution is made by a pre-tax payroll deduction of 8%. (Amended 7/1/12) For non-sworn HPOA employees hired on or after the effective date of the CalPERS amendment establishing a second tier pension plan for Local Miscellaneous Members, the retirement formula will be 2% at 60. Retirement benefits will be calculated using the average income of the highest three (3) consecutive years. Employees will pay the 7% employee contribution to CalPERS. The employee contribution is made by a pre-tax payroll deduction of 7%. (Added 7/1/12)
C. PEPRA. The Public Employees’ Pension Reform Act of 2013 (PEPRA) and related Public Employees’ Retirement law amendments in Assembly Bill 340 became law on September 12, 2012 and the provisions were effective January 1, 2013. The City and POA agree to implement all PEPRA provisions, and all applicable amendments thereto. Effective January 1, 2013 all employees defined by PEPRA as “New members” in PERS ‘Safety’ classifications shall pay 50% of the total normal cost for the new Safety PERS pension formula of 2.7%@57, actual employee contribution determined by PERS (on a pre-tax payroll deduction) with final compensation determined by the highest average annual pensionable compensation earned by an employee during a period of at least 36 consecutive months Effective January 1, 2013 all employees defined by PEPRA as “New members” in PERS ‘Miscellaneous’ classifications shall pay 50% of the total normal cost for the new Miscellaneous PERS pension formula of 2% @ 62, actual employee contribution determined by PERS (on a pre-tax payroll deduction), with final compensation determined by the highest average annual pensionable compensation earned by an employee during a period of at least 36 consecutive months. (Amended 7/1/17) XIII. LONGEVITY PLAN
Employees shall be eligible to receive longevity pay as set forth herein upon the satisfactory completion of a minimum of five (5) continual years of service.

The effective date of a longevity pay increase shall be the beginning of the pay period that includes the date of eligibility (Amended 6/22).

Any employee shall receive such pay in addition to their basic rate of pay in accordance with the following schedule:

Years of Service Pay Rate
5 years 2%
10 years 3%
15 years 4%
20 years 6%

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25 years 8%
XIV. EDUCATION INCENTIVE PAY & EDUCATION REIMBURSEMENT
City agrees to provide a financial incentive as an extrinsic motivator for employees to augment their formal education on a continuing basis. Such incentive pay will be paid on an hourly rate for purposes of payroll and will be provided to all permanent employees who attain the following benchmarks:

A. Employees who have obtained a two-year degree or Intermediate P.O.S.T. Certificate will be compensated $200.00 per month.

B. Employees who have obtained a four-year degree or Advanced P.O.S.T. Certificate will be compensated $500.00 per month.

C. Employees who have obtained a Master’s degree or have obtained a P.O.S.T. Supervisory Certificate and have a four year degree will be compensated $650.00 per month. (Added 2024) Education Reimbursement: Both the City and the HPOA encourage and support educational and training programs that provide bargaining unit members the opportunity for personal career development in areas directly related to his/her work. The City will provide reimbursement for courses approved by the City Manager or their designee. The employee shall submit a request in writing stating the course outline and how the course will help with the employee's job and benefit the City. This written request shall be submitted and approved in writing prior to the start of the course. The classes will be taken on the employee's off time.

Bargaining unit members who receive a “C” or better, or, where letter grades are not given, an employee who successfully passes the course, shall be reimbursed for tuition, fees and material costs directly related to the approved course, not to exceed $1,500 per fiscal year.

If a bargaining unit member leaves the employment of the City within one (1) calendar year of having received such benefit, the bargaining unit member will pay back to the City three-quarters (3/4) of said monetary benefit received in the twelve (12) months prior to the date of the bargaining unit member’s ending employment with the City. If the bargaining unit member leaves the employment of the City within two (2) calendar years of having received such benefit, the bargaining unit member will pay back to the City one-half of said monetary benefit received in the twenty-four months prior to the date of the bargaining unit member’s ending employment with the City. Such amount reimbursed to the City shall be deducted from the bargaining unit member’s final paycheck.

At time of enrollment, the employee shall sign an agreement to abide by the provisions of the education reimbursement.

XV. UNIFORM ALLOWANCE
The uniform allowance is paid each pay period for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year. The uniform allowance shall be paid in the amount of $45.00 per pay period for sworn personnel and $30.77 per pay period for non-sworn personnel except for the positions of Police Records Officer/Supervisor and Police Officer Recruit, which are not eligible for the allowance. For CalPERS Classic members, uniform allowance is considered special compensation and will be reported to CalPERS each pay period on a pro-rated basis. (Amended 2024) A. Any uniform damaged during the course of employment that is deemed by the Chief of Police or his designated subordinate to be repairable will be repaired by the employee, using his/her

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uniform allowance. If the damaged uniform is deemed irreparable, it will be replaced by the City at no cost to the employee.

B. Equipment issued to members of the unit shall be new or in like-new condition. No items will be issued that are in need of repair. (Added 7/87)
C. This incentive applies to employees on active duty, including those on approved vacation or sick leave. (Added 2024)
XVI. BILINGUAL INCENTIVE
A. An employee who is certified Tier 1, bilingual, in Spanish and/or American Sign Language (ASL) shall receive additional compensation at the rate of $275.00 per calendar month. Any employee who is certified Tier 2, fluent, shall receive additional compensation at the rate of $325.00 per calendar month. For purposes of payroll, bilingual incentive will be paid at an hourly rate.

Tier 1, Spanish bilingual is defined as being able to understand and speak the Spanish language. Tier 2, Spanish fluent is defined as being able to understand, speak, read, and write in the Spanish language. Tier 1 ASL bilingual is defined as being able to understand and sign with proficiency. Tier 2 ASL fluent is defined as being able to understand, sign and fully converse. Qualification for this extra compensation must be proved by certification. The City may waive this certification requirement if it is otherwise satisfied as to the bilingual qualifications. (Amended 6/22)
B. Employees receiving bilingual incentive pay may be tested for re-certification on an annual basis provided, however, that no employee shall be eligible for re-certification while on disability leave, sick leave or limited duty status and payment of such bilingual incentive compensation will not be resumed until the employee returns to full-time duty. (Amended 7/1/81)
C. Employees receiving the bilingual pay incentive are required to assist the city with translation services as requested. If an employee is called during off-duty time with a request to translate, the employee shall be entitled to a minimum of two (2) hours of overtime compensation. (Added 6/22)
XVII. OUT OF CLASSIFICATION DIFFERENTIAL PAY
A. Upon specific written assignment by the Chief of Police or a designee, an employee may be assigned to perform the duties in a job classification where the rate of pay is greater than the employee’s regular rate of pay (e.g., supervisor, Detective, etc.). An employee so assigned for more than a total combined time of four (4) shifts shall receive an additional five percent (5%) of salary at that employee’s basic hourly rate for all hours worked in such assignment. (Amended 712)
B. Any temporary assignment as provided for in this section shall not cause a loss of benefits to such employee.

XVIII. LEAVE OF ABSENCE
A. The City may grant an employee a leave of absence without pay for compelling personal reasons, as determined by the City Manager, for a period of six (6) months in duration or for

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urgent and substantial reasons, as also determined by the City Manager, up to a maximum of one year, providing that satisfactory arrangements can be made to perform the employee’s duties without undue interference with the normal work routine. A leave of absence without pay must be requested by employee and approved by the City Manager, and shall be in writing specifying the date of return. Any employee failing to return to work upon expiration of an approved leave of absence, shall be deemed to have resigned his/her employment with the City. A leave of absence without pay is not an employment right and the City may deny such request if such leave interferes with the normal working schedule of the department. Said employee will not accrue sick leave or vacation benefits while on leave status and City will cease paying medical, dental, and visual insurance premiums unless required by law. (Amended 7/1/2017)
B. An employee may be placed on leave of absence without pay at the City’s discretion when an employee is absent from work due to illness or other reason and has exhausted sick leave and vacation benefits. Said employee will not accrue sick leave or vacation benefits while on leave status; will continue to pay insurance premiums if required by law. If the reason for the employee’s absence would qualify the employee for FMLA leave, and the employee has FMLA leave available, the employee’s FMLA leave shall run concurrently with any leave of absence.

Unpaid leave will only be provided if the requesting employee has exhausted all of their paid leave. (Amended 7/1/17)
C. Special leave may be granted by the Chief of Police to personnel of the Healdsburg Police Department in the event that such personnel have been involved in a homicide, serious act, or other action that would require such personnel to be absent from duty pending an investigation by the Police Department or an outside agency. This special leave shall not cause any loss of compensation or any other benefits.

D. Employees unable to work due to disaster or emergency conditions may be granted special leave without pay by the Chief of Police. It is anticipated that this special leave will be unique and infrequent but necessary to cover the special conditions that do occur from time to time.

E. The probationary period of an employee who is granted a leave of absence, maternity or any other disability leave, shall be extended by the duration of the leave in excess of thirty (30) calendar days. (Added 7/91, Amended 7/1/17)
XIX. PARENTAL LEAVE, FMLA, CFRA and PDL LEAVES
Leaves covered by the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and Pregnancy Disability Leaves (PDL), will be granted in accordance with federal and state laws unless otherwise specified herein. Such leaves may be covered by a City policy intended to provide the benefits required by the applicable laws and acts, but in no case shall employees covered under this agreement suffer a loss of such benefits should such a policy become invalidated by the City.

The employee shall be entitled to utilize sick leave benefits on the same basis as other employees who are temporarily disabled due to a non-industrial illness or injury. When the employee is on a paid leave status, service credits shall continue to accrue, and the City shall continue payments toward group insurance and retirement coverage.

Upon expiration of the approved leave, the employee shall be reinstated to their former position, or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee’s being reinstated, the department head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of their position.

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An employee may, at the conclusion of their leave, request a leave of absence as provided in this Memorandum of Understanding.

Child Care Leave. A regular employee who has exhausted their leave as set forth above or who has adopted a child, may apply for a leave of absence. In such case, it will be presumed that the employee has presented an urgent and substantial personal reason for such leave to be granted. (Amended 6/22)
XX. BEREAVEMENT LEAVE
A maximum of five (5) days of paid bereavement leave, per occurrence, will be granted to bargaining unit members upon death or critical illness of a member of their immediate family, including, father, step father, father-in-law, m other, step mother, mother-in-law, brother, step brother, brother-in-law, sister, step sister, sister-in-law, spouse, registered domestic partner, child, step child, daughter-in-law, son-in-law, grandparents, great-grandparents, or grandchild. Days need to be used concurrently. An additional day may be taken if the bargaining unit member is required to travel 500 miles or more. In addition to this bereavement leave, bargaining unit members will be allowed to use accrued sick leave or vacation leave requested for bereavement.

XXI. JURY DUTY
A regular or probationary employee ordered to jury duty during the employee’s regularly scheduled working hours shall be entitled to leave with pay during the actual jury service; provided, however, that the employee reimburse the City any amount paid to them by the Court with the exception of travel and meal expenses. Employees shall inform the Chief’s office in writing of impending jury duty within 48 hours of receiving said notification. (Amended 7/87) XXII. LAYOFF
A. When it becomes necessary for the City to lay off regular employees, the City will give employees involved as much notice as possible, but in no event will such employees be given less than two (2) week notice of lay off. When probationary employees are to be laid off, no notice of lay off is required. Lay off in all cases, due to lack of work, will be determined by an employee’s seniority. An employee whose job is being eliminated may elect to displace an employee in a lower classification, if as determined by the Chief of Police, they are qualified to perform the duties of the lower classification, has served in that position at this or another agency, possesses all of the required certifications and training for that position and their seniority is greater than that of the employee in the lower classification. (Amended 7/1/17) B. Temporary and provisional employees in the job classifications involved in a lay off shall be separated prior to probationary or permanent employees.

C. An employee laid off has the right to reinstatement preference in reverse order of the layoff, according to job classification, for a period of eighteen (18) months after the layoff date, provided they are physically and otherwise qualified as determined by the Chief of Police, and keeps the City informed of their current mailing address at all times. The City may require said individual to achieve a passing grade on the following pre-employment tests: psychological, medical, and polygraph tests which may be in use at the time. An employee so reinstated shall retain seniority and all sick leave rights accrued to the lay-off date. (Amended 7/1/17)

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XXIII. PROMOTIONS
A. The City and the Association agree that it is in the best interest of the City and the employees within the Department to provide a career ladder within the Department. It is also a policy of the City that when promotional opportunities arise, full consideration will be given to eligible employees from within the Department.

XXIV. STAFF LEVELS
A. It is agreed that the staffing level of the police department is based on the quantity and quality of service to be delivered to the Healdsburg community, as determined by the City Council. In making such determination, employee safety and workload will be considered.

B. The City and the Association agree that it is in their mutual best interest that:

1. At least two (2) uniformed officers be on duty at all times, excluding the Chief of Police; and

2. Whenever possible, at least two (2) non-supervisory officers will be dispatched to all reports of felonies in progress, fights, disorderly or drunk persons, suspicious persons and robbery and burglary alarms. Supervisory is defined as anyone acting in the capacity of a watch commander. The City agrees to exert at all times a good faith effort to provide this staffing level in addition to non-sworn support personnel and supervisors necessary to provide full service to the community. (Amended 6/27/85) XXV. CALL BACK
A. Employees who are subpoenaed to give testimony in court about events arising out of their employment, shall be compensated at the rate of time and one-half the employee’s regular rate of pay with the minimum compensation of three (3) hours, except that there shall be no minimum compensation guarantee in the event that such testimony is scheduled contiguous to the employee’s regular duty shift. Shift assignments shall not be exercised in such a manner as to avoid payment provided in this section, unless mutually agreed upon by the employee and department. (Amended 6/4/84)
Employees will be compensated at the rate of time and one-half of the employee’s regular rate of pay, as above, with a two (2) hour minimum for court appearances during off-duty hours which are canceled after 5:00 p.m. on the previous court date. (Added 7/1/98) B. Employees who are called to work overtime on their day off or other off-duty hours shall be compensated for a minimum of two (2) hours except as otherwise provided in this agreement.

Overtime shall commence at the time an employee reaches the place where they are directed to report and shall continue until they are released or the work is complete, whichever is earlier. (Amended 6/4/84)
XXVI. EMPLOYEE BOOKLET
The City agrees to provide each member of this bargaining unit a copy of this MOU between the Healdsburg Police Department and the Healdsburg Police Officers Association, and rules and regulations, and/or policies of the Police Department. Employees are required to be familiar with the content of said documents. (Amended 7/1/17)

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XXVII. ASSOCIATION REPRESENTATIVE COMPENSATION
The City agrees that employee representatives of the Association are entitled to reasonable time off without loss of compensation or other benefits when meeting and conferring with management representatives on matters of employer/employee relations, or when engaged in activities that the parties mutually agree are in the shared interest of a harmonious relations on matters within the scope of representation.

XXVIII. OTHER RULES, REGULATIONS, ORDINANCES AND PRACTICES It is agreed between the parties to this MOU that any changes in Personnel Rules or Regulations governing the administration and personnel management of employees of the Police Department or any Healdsburg Police Department Rules and Regulations insofar as the subject matter is subject to the meet and confer process under law, will be the subject of a meet and confer process between the City and the Association.

XXIX. GRIEVANCE PROCEDURES
The purpose of this Article is to:

1. Promote improved employer-employee relations by establishing grievance procedures.

2. Afford employees individually or through qualified employee organizations a systematic means of resolving grievances.

3. Provide that every effort shall be made to resolve grievances as near as possible to the point of origin.

4. Provide the opportunity for grievances to be settled in an informal manner.

Definition - A grievance is any dispute concerning the interpretation or application of this agreement or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights decision on wages, hours, and other terms and conditions of employment.

This grievance procedure shall not apply to appeals of disciplinary decisions, or any other decisions for which an appeal procedure is provided in another City document.

A. STEPS AND PROCEDURES:

Step 1: An employee may present a grievance personally or through his/her Association representative to the immediate supervisor and the parties shall endeavor to settle the grievance at this level.

Step 2: If the grievance is not settled at Step 1, the grievance may be presented to the Chief of Police within seven (7) days from the date the incident giving rise to the grievance is alleged to have first occurred. If requested, a written response from the Chief of Police will be provided within seven (7) days.

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Step 3: If the grievance is not settled at Step 2, the grievance may be reduced to writing, setting forth the grievance and the correction asked for, and sent to the City Manager within five (5) working days after the Chief of Police has rendered his decision. The City Manager shall answer the grievance in writing within ten (10) work days after the receipt of such grievance.

Step 4: If the grievance is not settled at Step 3, it shall be submitted to arbitration. The decision of the arbitration(s) panel shall not be binding on either party; each party recognizes the right of the other to seek redress through the Courts.
(a) The expenses incident to arbitration shall be borne one-half by the City and one-half by the employee, or if employee is represented by Association, one-half by the Association, except either party that rejects the decision shall be responsible for the total cost of the arbitrator.

Expense shall be shared equally if both parties reject the decision of the Arbitrator. (b) The parties agree that matters properly to be referred to arbitration shall first be reduced to writing, citing the specific provision of this MOU or alleged violation of other City, State or Federal Ordinances, Resolutions, Rules, Regulations or Laws. To be timely and insure prompt settlement of disputes, the Association shall serve written demand for arbitration upon the City within but no exceeding thirty (30) calendar days of the decision of the City Manager. (c) It is agreed that any grievance not submitted in accordance with the provision of this Article be deemed untimely and shall be dismissed. The term limits herein provided may be extended only upon mutual agreement in writing.

B. ARBITRATION PROCEDURE
It is the purpose of this section to provide a fair and orderly process by which matters not resolved in section A, Steps 1-3 of this article are to be decided.

1. Composition of Arbitration Panel
The Panel shall consist of three (3) members and shall be created in the following manner:
one (1) member selected by the employer (City), one (1) member selected by the employee or his/her employee organization, and the third member, who shall serve as Chairperson, selected by the other two members. In the event agreement cannot be reached on the selection of the third member (Chairperson), the other two members shall, within five (5) working days, formally and jointly request a list of five (5) neutrals from the State Conciliation Service.

Within five (5) days after receiving the list of neutrals, the parties shall select a name from the list and shall notify the State Conciliation Service of the name of the selected Chairperson. If the parties are unable to agree on a name, the Chairperson shall be selected by alternately striking a name from the list with the first option to strike determined by lot.

2. Powers and Duties of the Panel
Unless extended by mutual agreement of the parties, or by direction of the Chairperson, the Panel shall commence its hearing within twenty (20) work days after the selection of the Chairperson. The Panel shall be fully authorized and empowered to grant or refuse extensions of time, to set such proceeding for hearing, and to perform any and all other acts in connection with such proceedings that may be authorized by law or this procedure.

The Panel may compel by subpoena witnesses to appear at the hearings as provided in Section 25170 of the Government Code.

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The matters which the Panel shall consider, weigh and be guided by shall include, but not limited by, the following:
i. The State and Federal laws applicable to the parties. ii. The stipulations of the parties.
iii. Such other facts and information normally or traditionally taken into consideration in making findings and decisions.

3. Evidence Submitted in Hearing
Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issue, even though the matter was not covered in the direct examination; to impeach any witnesses; and to rebut evidence. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objections in civil actions. Irrelevant and unduly repetitious evidence may be excluded.

4. Right of Representation
Either party may be represented by counsel or other representation at the hearing.

5. Reporting and Records
The proceedings may be recorded. Recordings and records shall be maintained for a period of two (2) years after the final decision is rendered by the Panel. Either party may request a stenographic reporter to record the proceedings.

6. Hearings
All hearings shall be closed to the public.

7. Findings, Decisions and Orders
Following the hearing, the Panel shall consider the evidence presented and make written findings of fact within twenty (20) days after the hearing which may also include a decision stating the appropriate action to be taken, if any. A copy of the decision shall be sent to each party.

The Panel’s decision shall be reviewed by the City Manager and/or City Council as well as the employee/Association, acknowledged in writing, with reasons stated for its acceptance or rejection in whole or in part, by both parties, within ten (10) days after receiving the decision.

Any court action brought by either party must be brought within (90) days of the final decision of the City Counsel.

C. EMPLOYEE ORGANIZATION REPRESENTATION

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1. All employees shall have the right to employee organization representation at each step of the grievance procedure and shall not be required to be present at any stage of the process.

2. Any individual employee or group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the employee organization as long as the adjustment is not inconsistent with the terms of any then effective MOU of Understanding, and the employee organization has been given the opportunity to be present and make statements at such adjustment.

Copies of employer decisions given at any step of the grievance procedure whatsoever shall be promptly delivered to the employee organization.

D. NO REPRISALS
No reprisals whatsoever shall be invoked against any employee for processing a grievance for participating in any way in the grievance procedure.

E. RELEASE TIME
A reasonable amount of time shall be provided for the investigation and processing of grievances, including the grievant/employee organization representatives.

F. TRANSMITTAL PROCESS
All reference in this procedure to transmittal of a written grievance or response thereto, by either party shall be transmitted by personal delivery of by U.S. Mail service. If the U.S. Mail is used, time limits referred to shall no include time of mail processing by the Postal Department. The postmark stamp shall be considered the time of reply by either party using the process.

XXX. NO STRIKE AND NO LOCKOUT
A. During the period of this MOU, there shall be no strikes, work stoppages, slow down, picketing or similar disruptions in the operations of the City by either the Association or employees.

Picketing as used above shall not include informational picketing.

B. No officer or representative of the Association shall authorize, investigate, aid or condone any strikes against the City and no employee shall participate in any such strikes against the City while this MOU remains in effect.

C. There shall be no lockouts during the term of this MOU by the City.

D. The City shall be under no obligation to bargain with the Association concerning employees who go on strike or concerning the subject of any strike so long as the strike continues during the term of this MOU.

E. The City may discipline or discharge any employee who engages in strike activities against the City during the term of this MOU, and such action shall not be subject to review upon any ground other than whether or not the employee participated in such strike activities.

F. The foregoing provision shall not constitute a basis upon which either party signatory hereto may demand arbitration of any subject or matter not covered by the expressed terms of this MOU.

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G. The Association understands that it may be liable for damages, including reasonable attorney’s fees and court costs, in the event of any unauthorized strike, work stoppage, slow-down, picketing or similar interference with the operations of the City which have been authorized by the Association and which occur during the life of this MOU.

H. Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work.

XXXI. OTHER AGREEMENTS
A. The parties signatory hereto acknowledge that during the meet and confer sessions which resulted in this MOU each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of meeting and conferring, and the understandings and agreements arrived at by the parties, after the exercise of said rights and opportunities, are set forth in this MOU.

B. This MOU does not by implication repeal or modify existing rules, regulations, resolutions and ordinances.

C. The City will conduct and conclude a classification and compensation study prior to the conclusion of this agreement. The parties agree to meet and confer over comparable agencies.

Two (2) representatives of the bargaining unit shall be on the committee guiding any future study (Amended 2024).

D. Labor/Management Working Committee on Reduction of Workplace Injuries/Illnesses: The HPOA and the City recognize the need for bargaining unit members to engage in best health and safety practices when providing public safety services to the Community. The HPOA understands factors such as physical fitness, including proper physical activity/movements, healthy eating habits, appropriate sleep habits, and stress management tactics improve the performance and overall health of bargaining unit members. In that regard, the HPOA and the City agree to establish a joint labor and management committee to meet bimonthly to discuss and implement workplace safety practices, policies, and programs. The working committee shall include the HPOA President or designee, up to two additional HPOA members, City Safety Officer, Human Resources Chief or designee, and Police Chief or designee.

Additionally, the HPOA agrees to actively participate in the City’s existing Safety Committee and proactively support members who are on leave due to workplace injury to ensure they have everything they need for a healthy recovery.

XXXII. OUTSIDE EMPLOYMENT
No employee shall follow any other calling or occupation or engage in any business that will tend to impair the efficiency of such employee or be incompatible with his/her position with the City or that would affect the relationship between the City, its residents, and the business community. Before any employee engages in any outside occupation or business, he/she shall obtain the approval of the Chief of Police. If the Chief of Police finds that any particular employment violates this policy, he/she shall withhold his approval of such outside employment and advise the employee in writing enumerating the reasons. The decision of the Chief of Police is subject to review by the City Manager at the request of the employee. In the event that the City Manager concurs, he/she shall also advise the employee in writing enumerating the reasons. (Amended 6/22)

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XXXIII. PUBLIC SAFETY OFFICES PROCEDURAL BILL OF RIGHTS The Healdsburg Police Officers Association has called to the attention of the City of Healdsburg the passage of Chapter 465 of the Statutes of 1976, an act of the California State Legislature known as the Public Safety Officers Procedural Bill of Rights Act. The City is aware that such act has been passed.

XXXIV. FULL UNDERSTANDING, ACKNOWLEDGMENT, MODIFICATION A. This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein. All other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

B. It is agreed and understood that the parties have met and conferred in accordance with the obligations under state law and the City’s employee relations policy in reaching this agreement and they acknowledge that neither party shall be obligated to negotiate over any provision of this agreement during its term.

C. It is further agreed and understood that the City shall not implement any changes to any matter within the scope of representation as defined by the Meyers-Milias-Brown Act, as amended, that are not covered by this agreement, without first having provided the Association with written notice of the proposed policy or course of action and offer to meet and confer over the proposal in accordance with State law and City policy. (Added 7/91) XXXV. RULES, REGULATIONS AND PROCEDURE MANUAL
A. The Healdsburg Police Officers Association hereby recognizes the existence of an understands the provisions contained in the Healdsburg Police Department Rules and Regulations Manual and maintains that it is the members’ of the Healdsburg Police Officers Association responsibility to thoroughly read and obey all orders and policies contained therein. It is also the understanding of the members of the Healdsburg Police Officers Association that any member violating any rule, regulation, procedure, special and/or general order can be disciplined in accordance with the provisions of the Healdsburg Police Department’s Rules and Regulations Manual as stated in Chapter 6 of said manual.

B. Furthermore, it is acknowledged that the referred to Police Department Rules and Regulations were not a subject of the meet and confer process that produced this agreement, but are a product of the office of the Chief of Police. Any proposed changes shall be shared in writing with the HPOA prior to implementation and are subject to meet and confer upon request of the HPOA. (Amended 6/22)
C. It is agreed that every employee represented by the Association will be issued a copy of the manual referred to in this section and that a copy will be provided for the Association.

D. It is acknowledged that members of the Association shall comply with the City of Healdsburg Personnel Rules and Regulations. It is further acknowledged that this MOU shall serve as the guiding document in the event there are inconsistencies between the documents.

XXXVI. SEVERABILITY

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If any article or section of this MOU should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this MOU shall remain in full force and effect for the duration of this MOU. In the event of invalidation of any article or section, the City and the Association agree to meet within 30 days for the purpose of conferring on the said article or section.

XXXVII. TERM OF AGREEMENT
A. This agreement, when signed by both parties, shall become effective July 1, 2024 except where specifically provided otherwise therein, and shall terminate at twelve (12) Midnight on June 30, 2027.

B. It is the intent of the parties to commence negotiations no later than 120 calendar days prior to the expiration date of the current MOU. Once either party has made a request to commence negotiations the parties agree to meet within 20 calendar days of such request.

XXXVIII. RATIFICATION
The designated representatives of the City of Healdsburg and the designated representatives of the Healdsburg Police Officers Association, having met and conferred in good faith regarding wages, hours, and other terms and conditions of employment submit the following Amendments to the MOU to the City Council of the City of Healdsburg for its determination with the recommendation that it be approved.

Signed this 5th day of August, 2024.

The Designated Representative
of the City of Healdsburg
The Designated Representative of the
Healdsburg Police Officers Association
__________________________
Jeff Kay, City Manager
___________________________________
John Noble, Labor Relations Representative
___________________________________
Frank Patane, Police Sergeant
____________________________________
John Peterson, Police Officer
_____________________________________
Teresa Gruner, Police Dispatcher Supervisor
Approved by City Council Resolution No. XYZ

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APPENDIX “A”

SCHEDULE OF SALARY RANGES

EFFECTIVE UPON RATIFICATION OF THIS MOU
July 2024 A step B step C step D step E step
Police Dispatcher I $ 5,886.99 $ 6,187.30 $ 6,501.65 $ 6,833.80 $ 7,175.48 Police Dispatcher II $ 6,187.30 $ 6,501.64 $ 6,833.79 $ 7,176.11 $ 7,534.92 Police Dispatch Supervisor $ 8,702.84 $ 9,137.99 $ 9,594.89 $ 10,074.63 $ 10,578.36 Police Officer $ 8,044.64 $ 8,446.89 $ 8,869.22 $ 9,312.69 $ 9,778.32 Police Officer Recruit $ 7,642.41 $ 8,024.55 $ 8,425.76 $ 8,847.06 $ 9,289.41 Police Records Technician $ 5,850.88 $ 6,148.15 $ 6,462.44 $ 6,792.42 $ 7,132.04 Police Records Supervisor $ 7,236.99 $ 7,598.84 $ 7,978.79 $ 8,377.73 $ 8,796.60 Police Sergeant $ 10,068.84 $ 10,572.30 $ 11,100.91 $ 11,655.94 $ 12,238.75 Police Technician $ 5,139.83 $ 5,403.03 $ 5,678.03 $ 5,967.44 $ 6,265.79

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Memorandum of Understanding (“MOU”) between the City of Healdsburg and International Association of Fire Fighters ("IAFF") Local 2604 PREPARED BY: Renee Senander, Human Resources Manager
STRATEGIC INITIATIVE(S):

Provide Effective Governance
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Adopt a Resolution approving the MOU between the City of Healdsburg and the International Association of Fire Fighters, Local 2604, for the three-year period ending June 30, 2027.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The existing MOU between the City and the International Association of Fire Fighters (IAFF) Local 2604 expired on June 30, 2024. The City and IAFF began contract negotiations in April 2024 and reached a tentative agreement on a three-year successor package on June 27, 2024.

On June 28, 2024, IAFF members voted to ratify the new MOU.

DISCUSSION/ANALYSIS:

During the negotiating process the City Council provided direction to the City’s negotiator regarding conditions of employment, such as wages, sick leave, health care, retirement benefits and special compensation. Key points for this MOU are as follows:

Term 3 years
Cost of Living Adjustment Year 1 (effective July 1, 2024) 3 % Year 2 (effective July 1, 2025) CPI (2% - 3.5%)
Year 3 (effective July 1, 2026) CPI (2% - 3.5%)
General Salary Increase January 1, 2027 1.5%
Compensatory Time Off Added language for 56-hour employees to

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accumulate CTO for overtime hours worked.

Longevity Pay Increased from 5% to 6% for employees with 20 years of service, and from 6% to 8% for
employees with 25 years of service.

Education Incentive Pay Added language that during the term of the agreement, the City and IAFF would agree to meet
and confer over qualifying certificates and
increasing the maximum cap on education
incentive pay.

Bilingual Pay Increased to $250/month for bilingual and $300/month for fluent.

Physical Fitness Program Added language to provide employees the option to participate in an annual early cancer detection
test through Galleri.

Flexible Spending and Dependent Care
Reimbursement Accounts
Within one year of MOU adoption, the City will
establish an FSA and DCRA program for
employees to voluntarily participate in.

Vacation Increased vacation accrual rate by 12
hours/annually for each 56-hour employee based
on years of service.

Election to Cash-Out Future Vacation
Accruals
Added language to allow for employees to elect by
December 31st to cash-out future vacation accruals
to be paid the following year.

Sick Leave Bonus Removal of sick leave bonus payment.

EMT Certification Added language clarifying that the biannual CA EMT License cost by covered by the Fire
Department.

Other miscellaneous changes include language updates to classifications, new employee orientation, leave of absences, sick leave, holiday pay, medical benefits, vision benefits, incentive payments, bereavement leave, and a variety of technical cleanup revisions to better document current practices.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City’s labor negotiator bargained in good faith with IAFF based on Council direction.

Council may choose not to adopt the proposed resolution, however that action is not recommended.

FISCAL IMPACT:

The Adopted Budget for Fiscal Year 2024-25 is in alignment with the negotiated agreement. The total cost for the salary and benefits in the negotiated agreement for Fiscal Year 2025-26 are variable depending on the CPI in February 2025 and the medical insurance rates in effect July 1, 2025. If costs exceed the Adopted Budget for Fiscal Year 2025-26 staff will return to council to

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propose any necessary amendments.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Resolution
IAFF MOU 2024-2027

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CITY OF HEALDSBURG
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HEALDSBURG

AND THE INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL 2604, FOR THE PERIOD ENDING JUNE
30, 2027
WHEREAS, representatives of the City of Healdsburg have met and conferred with representatives of the International Association of Fire Fighters, Local 2604 (“IAFF”); and WHEREAS, the City Council, considered revisions as proposed by the City of Healdsburg and the IAFF to the Memorandum of Understanding (“MOU”) between the City of Healdsburg and the IAFF; and
WHEREAS, agreement regarding the revisions of certain working conditions including conditions of employment, such as wages, health care, and special compensation has been reached as reflected in the Agreement dated August 5, 2024, as shown in Exhibit “B”, incorporated herein by reference and titled “Memorandum of Understanding between the City of Healdsburg and the International Association of Fire Fighters, Local 2604, 2024-2027”.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby approve the above-cited MOU as working conditions and benefits for members of the International Association of Fire Fighters, Local 2604 for the period of July 1, 2024 through June 30, 2027 and may not be amended other than by mutual consent or as otherwise stipulated.

PASSED, APPROVED AND ADOPTED this 5
th day of August 2024 by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ___________________________________ David Hagele, Mayor Raina Allan, City Clerk

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF HEALDSBURG
AND

THE HEALDSBURG FIREFIGHTERS ASSOCIATION
2024-2027

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Table of Contents
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HEALDSBURG AND................ 5 PREAMBLE....................................................................................................................................................... 5 I. EMPLOYEE REPRESENTATION......................................................................................................... 5 A. RECOGNITION........................................................................................................................................ 5 B. PAYROLL DEDUCTION OF DUES...................................................................................................... 5 C. NEW EMPLOYEE ORIENTATION ....................................................................................................... 6 D. UNION BUSINESS.................................................................................................................................. 6 II. MANAGEMENT RIGHTS....................................................................................................................... 6 III. WAGES..................................................................................................................................................... 7 E. PAYMENT SCHEDULE.......................................................................................................................... 7 IV. HOURS AND ADDITIONAL COMPENSATION.................................................................................. 7 A. STANDARD WORK PERIOD................................................................................................................ 7 XXOOOOXXOOOOXXOOOOXXOOOO..................................................................................................... 7 B. BASIC RATE OF PAY............................................................................................................................. 7 C. OVERTIME PAY...................................................................................................................................... 8 D. CALLBACK PAY...................................................................................................................................... 8 E. COMPENSATORY TIME OFF FOR 40-HOUR EMPLOYEES......................................................... 8 F. COMPENSATORY TIME OFF FOR 56-HOUR EMPLOYEES........................................................ 8 G. LEGAL OR COURT RELATED APPEARANCES............................................................................... 9 H. WORKING OUT OF CLASSIFICATION............................................................................................... 9 I. TRAINING AND MEETINGS.................................................................................................................. 9 J. LONGEVITY PLAN.................................................................................................................................. 9 K. EDUCATION INCENTIVE PAY........................................................................................................... 10 L. FTO PREMIUM PAY............................................................................................................................. 10 M. HAZARDOUS MATERIALS SCENE MANAGEMENT PREMIUM PAY........................................ 10 N. BI-LINGUAL INCENTIVE PAY ............................................................................................................ 10 O. MILEAGE ALLOWANCE...................................................................................................................... 11

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P. CLOTHING ALLOWANCE ................................................................................................................... 11 Q. 40 TO 56 HOUR PAID TIME OFF CONVERSION........................................................................... 11 V. EMPLOYEE BENEFITS ....................................................................................................................... 11 B. MEDICAL INSURANCE........................................................................................................................ 12 C. DENTAL INSURANCE.......................................................................................................................... 12 D. OPTICAL INSURANCE ........................................................................................................................ 12 E. LIFE INSURANCE................................................................................................................................. 12 F. LONG-TERM DISABILITY.................................................................................................................... 13 G. PHYSICAL FITNESS PROGRAM....................................................................................................... 13 VI. LEAVE AND TIME OFF PROVISIONS.............................................................................................. 13 A. SICK LEAVE........................................................................................................................................... 14 B. MEDICAL CERTIFICATION................................................................................................................. 15 C. UNUSED SICK LEAVE......................................................................................................................... 15 D. ELECTION UPON RETIREMENT WITH RESPECT TO UNUSED SICK LEAVE CREDIT 15 E. LABOR/MANAGEMENT WORKING COMMITTEE ON REDUCTION OF WORKPLACE INJURIES/ILLNESS.............................................................................................................................. 16 F. VACATION ............................................................................................................................................. 16 G. HOLIDAYS.............................................................................................................................................. 18 H. BEREAVEMENT LEAVE...................................................................................................................... 19 I. JURY DUTY............................................................................................................................................ 19 J. SHIFT EXCHANGE............................................................................................................................... 19 VII. GENERAL EMPLOYMENT.................................................................................................................. 19 A. VACANCIES AND PROMOTIONS..................................................................................................... 19 B. PROBATION .......................................................................................................................................... 20 C. SENIORITY ............................................................................................................................................ 20 D. PERSONNEL REDUCTION - LAYOFFS........................................................................................... 20 E. STATION STAFFING............................................................................................................................ 21 F. EMT CERTIFICATION.......................................................................................................................... 21 G. RULES AND REGULATIONS.............................................................................................................. 21 H. OUTSIDE EMPLOYMENT ................................................................................................................... 21

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VIII. DISCIPLINARY ACTION...................................................................................................................... 22 A. NOTICE OF INTENT............................................................................................................................. 22 B. GROUNDS FOR DISCIPLINE............................................................................................................. 22 C. PROCEDURES FOR DISCIPLINARY ACTION................................................................................ 22

2. APPEAL OF DISCIPLINARY ACTION............................................................................................... 23 IX. GRIEVANCE PROCEDURE................................................................................................................ 25 A. ELIGIBILITY TO FILE A GRIEVANCE ............................................................................................... 25 B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............................................................... 25 C. GRIEVANCE PROCEDURE................................................................................................................ 25

1. INFORMAL GRIEVANCE PROCEDURE .......................................................................................... 25

2. FORMAL GRIEVANCE PROCEDURE .............................................................................................. 26 D. REPRESENTATION.............................................................................................................................. 28 E. WAIVER OF GRIEVANCE................................................................................................................... 28 X. MISCELLANEOUS................................................................................................................................ 28 A. SAVINGS CLAUSE............................................................................................................................... 28 B. FULL UNDERSTANDING ACKNOWLEDGEMENT AND MODIFICATION ................................. 28

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MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF HEALDSBURG AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2604
This Memorandum of Understanding ("MOU") between the City of Healdsburg ("City") and International Association of Fire Fighters Local 2604 ("Union") is entered into. Except where expressly stated otherwise herein, the City and Union agree that the provisions of this MOU shall become effective on July 1, 2024 and shall expire on June 30, 2027.

PREAMBLE
It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, benefits and terms and conditions of employment between the City and the Union.

I. EMPLOYEE REPRESENTATION
A. RECOGNITION
The City recognizes the Union as the exclusive recognized employee organization for all employees of the Fire Department assigned to the classifications of Fire Inspector, Fire Fighter, Fire Engineer and Fire Captain.

B. PAYROLL DEDUCTION OF DUES

1. The City shall honor an employee’s check-off authorization for dues and other Union-sponsored programs, which are certified in writing by the Union to the City.

2. Deductions for dues or other Union-sponsored program shall start the first full pay period after the City receives written certification of the authorization. The City shall rely on the Union’s explanations in the certification provided by the Union, submitted by a representative of the Union who has authority to bind the Union must be received by the City from the Union at least thirty (30) calendar days prior to the change becoming effective. The change will be implemented by the City the first full pay period following the notice period.

3. The Union shall not provide the City a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization.

4. The Union shall indemnify the City for any claims made regarding such deductions.

Data Pertaining to Certified Deductions
The City shall provide the Union every pay period, on a regular ongoing basis, an electronic file containing the following information for each Bargaining Unit Member:

1. Full Name (first, middle, last, suffix)

2. Employee Number

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3. Job Classification

4. Job Type (full-time, part-time, extra help, as needed)

5. Bargaining Unit

6. Scale/Step

7. Base Rate

8. Department

9. Division (subcode of the department)
C. NEW EMPLOYEE ORIENTATION

1. The City shall notify new employees represented by the Union that the Union is the recognized employee organization for the employee’s classification. Within 3 days of hire into the bargaining unit, the Union shall have the opportunity to make a up to one (1) hour presentation to each new employee.

2. The City shall notify the Union of a new employee hire at least ten (10) calendar days in advance, except that a shorter notice may be provided in specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable.

3. Each new employee shall receive a copy of the Union’s standard introductory packet, copies of which shall be provided by the Union.

4. One Union designee shall be granted up to one (1) hour City release time plus reasonable release time for necessary travel to present on the Union’s behalf to any new employee.

D. UNION BUSINESS
Up to three members of the Union shall be allowed time off to attend meetings to meet and confer, negotiate and/or address union business. Meetings to conduct negotiations shall be mutually set by the City and the Union.

II. MANAGEMENT RIGHTS
The authority of the City includes 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 and supervise its employees; determine schedules; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work; 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; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

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III. WAGES
A. Effective July 1, 2024, all classifications covered by this agreement shall receive a 3% cost of living adjustment.

B. Effective July 1, 2025, all classifications covered by this agreement shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 2% or more than 3.5%.

C. Effective July 1, 2026, all classifications covered by this agreement shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 2% or more than 3.5%.

D. Effective January 1, 2027, all classifications covered by this agreement shall receive a

1.5% general salary increase.

E. PAYMENT SCHEDULE
City and Union agree that employees shall be paid bi-weekly, every other Thursday, unless mutually agreed by the City and Union. Compensation for the 14-day cycle shall include any overtime premium pay as required per Fair Labor Standards Act ("FLSA") regulations and this MOU.

IV. HOURS AND ADDITIONAL COMPENSATION
A. STANDARD WORK PERIOD
Permanent personnel assigned to rotating shifts for the performance of suppression activities shall work 24 hour shifts and the standard work week period shall be 56 hours based on a 14-day cycle containing an average of 112 hours. The rotating shifts work schedule shall consist of two (2) twenty-four (24) hour on-duty shifts within six- (6) day cycle to be worked in accordance with the following chart:

X = 24 hour on-duty period
O = 24 hour off-duty period

XXOOOOXXOOOOXXOOOOXXOOOO
Permanent personnel assigned to day shift for the performance of suppression and/or prevention activities shall work 40 hours per week and the standard work week period shall be 40 hours based on a 14-day cycle containing 80 hours. This standard work shift may be altered at the discretion of the Fire Chief in order to meet operational and emergency staffing needs.

Any change in shift assignment between the 56 hour and 40 hour work week is subject to approval by both the Fire Chief and the Union.

B. BASIC RATE OF PAY

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The Basic Rate of Pay shall mean the salary classification, range and step to which an employee is assigned. The Basic Rate of Pay shall equal the annual salary divided by 2912 hours for employees working a 56-hour work week and 2080 hours for employees working a 40 hour work week. This method of calculation shall also be used in computing sick leave payoff benefits when employees are separated by retirement or death.

C. OVERTIME PAY
Overtime pay shall be earned at one and one-half (1.5) times the basic rate of pay.

Employees shall receive one (1) hour of overtime for each hour worked; fractions of one hour shall be compensated in fifteen (15) minute increments.

Employees assigned to a 40 hour work week shall accrue overtime at the appropriate 40 hour work week overtime hourly rate for time worked in excess of 9 hours for a 9/80 schedule, and 10 hours for a 4/10 schedule.

D. CALLBACK PAY
Employees who are called back to work for the purposes of meeting minimum manpower requirements, special assignments or select tone or general tone emergencies shall be compensated for a minimum of two (2) hours at one and one-half (1.5) times the basic rate of pay.

E. COMPENSATORY TIME OFF FOR 40-HOUR EMPLOYEES
Employees may, at their option, receive pay for such overtime hours or may accumulate compensating time at the rate of time and one-half (1 ½), subject to the following:
a. Employees may accrue unlimited compensation time; however, the amount of compensation time-off shall be limited to 80 hours per calendar year. b. Comp time shall not be accrued from one year to the next. Employees will be paid for any accumulated but unused comp time balance on the first pay period in January.
c. The use of comp time, actual time off work, must receive prior approval of the supervisor/department head.

F. COMPENSATORY TIME OFF FOR 56-HOUR EMPLOYEES
Employees may Employees may, at their option, receive pay for such overtime hours or may accumulate compensatory time off (CTO) at the rate of time and one-half (1 ½) hour for each hour worked, subject to the following:
a. Employees may accrue unlimited compensation time; however, the amount of compensation time-off shall be limited to 72 hours per calendar year. b. Comp time shall not be accrued from one year to the next. Employees will be paid for any accumulated but unused comp time balance on the first pay period in January.
c. The use of comp time, actual time off work, or vacation leaves must receive prior approval of the supervisor/department head.
d. Employees working to cover the shift of an employee taking CTO leave may not

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book the time as CTO (may only be compensated in pay).

G. LEGAL OR COURT RELATED APPEARANCES
Employees subpoenaed as the result of any on-duty incidents, and required to appear before any court or legal related hearing on or during off-duty days shall be compensated for a minimum of 3 hours at the rate of one and one-half (1.5) times the basic rate of pay. The 3-hour minimum shall apply only once per 24-hour period.

H. WORKING OUT OF CLASSIFICATION
Firefighters assigned to work in the role of Acting Fire Engineer or Acting Fire Captain shall be compensated with a 5% increase in basic rate of pay.

Fire Engineers assigned to work in the role of Acting Fire Captain shall be compensated with a 5% increase in basic rate of pay. Shifts not covered by a permanent employee shall qualify for the compensation pay.

Fire Captains assigned to work in the role of acting fire chief for a period no more than one week shall be compensated with a 5% increase in basic rate of pay during any scheduled work shift.

Fire Captains assigned to work in the role of acting fire chief for a period exceeding one week shall be placed on a regular schedule of Monday thru Friday from 8 a.m. - 5 p.m., and shall be compensated at a rate equal to the hourly equivalent of the first step (Step A) of the fire chief pay range.

The additional compensation shall be reported in accordance with CalPERS CCR§571 (a)(3).

I. TRAINING AND MEETINGS
In the event the Fire Chief requires employees to attend special training programs, off duty personnel shall be compensated for a minimum of 1 hour at a rate of one and onehalf (1.5) times the basic rate of pay.

J. LONGEVITY PLAN
Employees shall be eligible to receive longevity pay set forth herein upon the satisfactory completion of a minimum of five (5) continual years of full-time service with the City.

The effective date of a longevity pay increase shall be the beginning of the pay period following the date of eligibility.

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Any employee shall receive such pay in addition to their basic rate of pay in accordance with the following schedule:

Years of Service Merit Pay Rate
5 years 2%
10 years 3%
15 years 4%
20 years 6%
25 years 8%
K. EDUCATION INCENTIVE PAY
Employees who have obtained a two-year degree, or 60 semester units, or possess certification or complete the coursework to receive a task book for California Fire Service Training and Education System (CFSTES) Company Officer Certification shall receive 2% incentive pay in addition to the basic rate of pay.

Employees who have obtained a four-year degree, or 120 semester units, or possess certification or complete the coursework to receive a task book for California Fire Service Training and Education System (CFSTES) Chief Fire Officer Certification shall receive 3% incentive pay in addition to the basic rate of pay.

The Education incentive program is limited to a career maximum of 5%.

During the term of the agreement, the City and IAFF agree to meet and confer over a list of qualifying certifications for additional educational incentive payment to increase the maximum cap.

L. FTO PREMIUM PAY
Employees (max of two per event) shall receive one (1) hour of overtime for instructing scheduled reserve firefighter drills while on duty.

M. HAZARDOUS MATERIALS SCENE MANAGEMENT PREMIUM PAY
Any employee who is certified to act as a Hazardous Materials Scene Manager shall receive 2% pay in addition to the basic rate of pay. This special certification does not fall within the State Certification incentive program cap.

N. BI-LINGUAL INCENTIVE PAY
Any Employee who is certified bilingual in Spanish shall receive additional compensation at the rate of $250 per calendar month. Any employee who is certified fluent in Spanish shall receive additional compensation at a rate of $300 per calendar month. For purposes of payroll, bilingual incentive will be paid at an hourly rate.

Bilingual is defined as being able to understand and speak the Spanish language. Fluent is defined as being able to understand, speak, read, and write in this Spanish language.

Qualification for this extra compensation must be proved by certification.

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Employees receiving bilingual incentive pay may be tested for recertification on an annual basis provided, however, that no employee shall be eligible for recertification while on disability leave, sick leave, or limited duty status and payment of such bilingual incentive compensation will not be resumed until the employee returns to full-time duty.

O. MILEAGE ALLOWANCE
Employees required to use their private vehicles for Fire Department business shall be reimbursed at the maximum mileage reimbursement rate allowed by the IRS.

P. CLOTHING ALLOWANCE
The City shall provide the uniforms for employees as specified in the Fire Department Uniform Policy.

The City will replace or repair items of clothing damaged while on duty, but only those articles worn in accordance with the Uniform Specifications.

No replacement will be made if such damage is caused by negligence on the part of the employee as determined by the Chief. In the event the Chief refuses to replace any damaged clothing, the Chief shall so inform the employee in writing as to the reason why.

The City's laundry facilities shall be made available to fire department personnel.

Q. 40 TO 56 HOUR PAID TIME OFF CONVERSION
Vacation and sick leave (PTO) totals for 40 hour employees temporarily assigned to a 56 hour work week shall be converted using: (total hours x 1.4 = 56 hour PTO total). PTO accrual rates for 56-hour employees returning to 40 hour shall be converted using: (total hours/1.4 - 40 hour PTO total).

V. EMPLOYEE BENEFITS
City and Union agree employees shall receive the following benefits:

A. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) The City shall continue to contract with the California Public Employees Retirement System (CalPERS) for retirement benefits. Employees in classifications represented by Union are designated "safety" members by PERS.

For safety employees in classifications represented by Union and hired prior to the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 3% at 50. The second tier benefit is 2% at 50.

Sworn classic employees in classifications represented by the IAFF shall contribute a total of 12% to PERS. The employee contribution is made by a pre-tax payroll deduction.

For safety employees in classifications represented by Union and hired prior to the

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effective date of the CalPERS amendment establishing a second tier pension plan, the City shall maintain additional CalPERS benefits as follows: 1) "1959 Survivor Benefits" for which employee shall pay $.93 per bi-weekly pay period; 2) Post Retirement Survivor Allowance;
3) One Year Final Compensation; and 4) Credit for Unused Sick Leave.

For safety employees hired on or after the effective date of the CalPERS amendment establishing a second tier pension plan, the retirement formula will be 2% at 50.

Retirement benefits will be calculated using the average income of the three highest years. Employees will pay the 12% employee contribution to CalPERS. The employee contribution is made by a pre-tax payroll deduction.

PEPRA. The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement law amendments in Assembly Bill 340 became law on September 12, 2012 and the provisions were effective January 1, 2013. The City and IAFF agree to implement all PEPRA provisions, and all applicable amendments thereto.

Effective January 1, 2013 all employees defined by PEPRA as "New members" shall pay 50% of the total normal cost for the new Safety PERS pension formula of 2.7@57, actual employee contribution determined by PERS (on a pre-tax payroll deduction), with a three year final compensation period.

B. MEDICAL INSURANCE
The City's contribution toward health insurance shall be a dollar amount up to 100% of the lowest cost medical plan, by premium category. For those employees that select a more expensive medical plan, the difference between the City's contribution and the actual premium of the plan selected, shall be paid by the employee on a pre-tax basis.

Payments for medical insurance premiums shall be made on a pre-tax basis. IAFF employees opting out of the City paid medical plan shall receive a monthly stipend of $600 per month.

C. DENTAL INSURANCE
Permanent, full-time employees shall be eligible to participate in a group dental plan where the City shall pay 100% of the actual premium. Such group dental plan shall cover 100% preventive dental, 80% general maintenance and 50% prosthodontics. City shall pay any increased dental insurance premium costs that may be incurred during the term of this MOU.

D. OPTICAL INSURANCE
Permanent, full: time employees shall be eligible to participate in the group vision plan offered by the City’s current vision plan insurance carrier, where the City shall pay 100% of the monthly premium. Employees enrolled in Kaiser will not be covered by the REMIF vision care plan, as vision care is included in the Kaiser Health plan.

E. LIFE INSURANCE
The City shall pay the premium for a $100,000 life insurance policy for employees covered under this MOU. The City agrees to pay any premium increases for the duration of this MOU.

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F. LONG-TERM DISABILITY
The City shall pay the monthly premium for a long-term disability insurance plan for employees covered under this MOU. Terms of the insurance shall include, but not be limited to the following: 1) Amount of Insurance: 67% of monthly salary for a maximum of $10,000 per month; 2) Elimination Period: benefits shall commence on the 91st day of continuous disability; and 3) Integration of Benefits.

G. PHYSICAL FITNESS PROGRAM
Union employees shall participate in a Firefighter' s Skill and Physical Fitness Program that shall include three components as outlined below:

1. A skills proficiency test administered on an annual basis and conforming to the Healdsburg Fire Department Annual Testing Program.

2. An annual physical examination conducted by the City physician and paid for by the City to provide confidential individual fitness assessments.

3. A physical training program with reasonable time to participate on a per shift basis.

4. Option to participate in annual Galleri Multi-Cancer Early Detection Testing, paid for by the City to provide confidential results.

H. FLEXIBLE SPENDING ACCOUNT AND DEPENDENT CARE ACCOUNT The City shall provide a Flexible Spending Account and Dependent Care Account Program by July 1, 2025. Contributions may be made by employees on a voluntary basis to such program, consistent with State and Federal law.

VI. LEAVE AND TIME OFF PROVISIONS
In order to be eligible for paid leaves of absence as outlined in this MOU, an employee shall be a full-time employee and either a regular appointee or probationary appointee.

Unpaid leaves of absence may be granted by the City, not to exceed six (6) months. Inability to return to work after an employee's sick leave has been exhausted shall be considered as an urgent and substantial reason and in such cases a leave of absence shall be granted.

A leave of absence without pay must be requested by employee and approved by City, and shall be in writing specifying the date of return. Any employee failing to return to work upon expiration of an approved leave of absence shall be deemed to have resigned their employment with the City. A leave of absence without pay is not an employment right and the City may deny such request. Employee will not accrue sick leave, vacation benefits or incentive benefits while on leave status and City will cease paying medical, dental and vision insurance premiums. The employee may remain covered by such insurance if they pay the premiums.

Leaves covered by the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and Pregnancy Disability Leaves (PDL), will be granted in accordance with federal and state laws unless otherwise specified herein. Such leaves may be covered by a City policy intended to provide the benefits required by the applicable laws and acts, but in no case shall employees covered under this agreement suffer a loss of such benefits should such a policy become invalidated by the City.

The employee shall be entitled to utilize sick leave benefits on the same basis as other

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employees who are temporarily disabled due to a non-industrial illness or injury. When the employee is on a paid leave status, service credits shall continue to accrue, and the City shall continue payments toward group insurance and retirement coverage.

Employees may elect or may be required to use their accrued leave balances concurrently with FMLA/CFRA leave and/or modified duty or alternate work assignments, as provided in the City’s Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy.

Upon expiration of the approved leave, the employee shall be reinstated to their former position, or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee’s being reinstated, the Fire Chief may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of their position.

All applications for leave of absence shall be made in writing and the approval shall be in writing.

The conditions under which an employee shall be restored to employment on the termination of the leave of absence shall be clearly stated by the City in conjunction with the granting of the leave of absence. An employee's status as a regular employee shall not be impaired by such leave of absence. If an employee fails to return immediately on the termination of their leave of absence or if they accepts other employment while on leave without consent of the City, he/she shall forfeit the leave of absence and terminate their employment with the City. The City may fill the position with a temporary or provisional employee during the leave of absence or undertake any other appropriate measures to address workload needs.

The probationary period and subsequent step increase of an employee who is granted any leave of absence, including medical, 4850, unpaid and/or administrative leave, shall be extended by the duration of such leave.

A. SICK LEAVE

1. All regular employees shall accrue sick leave on a bi-weekly basis at the rate of 5.54 hours per pay period for employees working a 56 hour work week and 3.69. hours per pay period for employees working a 40 hour work week. Employees shall accumulate sick leave from the first day of employment.

2. Sick leave shall be allowed for the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's family member.

For purposes of this Policy, "family member" includes a biological, adopted, or foster child, stepchild, legal ward, a child to whom the employee stands in loco parentis, or a child of a registered domestic partner, regardless of the child's age or dependency status; a biological, adoptive, or foster sibling, parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the Employee was a minor child; a spouse; a State of California registered domestic partner; a grandparent; great-grandparent; or a grandchild.

When an employee uses sick leave for the care of family member’s serious medical condition, the employee shall do so in accordance with a leave of absence to seek medical treatment and attempt to make arrangements for on-going care of the family member. An employee who uses more than 3 shifts to take care of a family member may be required to present a doctor’s verification of the illness or injury.

3. Sick leave shall be allowed for employees who are victims of domestic violence, sexual

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assault, or stalking, taking time off to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

4. Sick leave shall be allowed for employees who are victims of domestic violence, sexual assault, or stalking, taking time off to seek medical attention for injuries caused by the domestic violence, sexual assault, or stalking; to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; and to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

B. MEDICAL CERTIFICATION
If an employee working a 56-hour work week misses three (3) consecutive shifts, or an employee working a 40-hour workweek misses three (3) consecutive days of work, the City may request employees to produce a certificate issued by a licensed practitioner or other satisfactory proof of illness before sick leave is granted. The City may also direct an employee to attend a physical examination by a City-retained licensed physician, at City expense, to ascertain whether the employee is fit to perform the duties of their position.

C. UNUSED SICK LEAVE
Upon completion of seven (7) years of satisfactory service with the City, and with the accumulation of at least 770 hours of sick leave, employees shall have the option to convert the dollar value of twenty-four (24) hours of sick leave at the basic time rate each year into a contribution to the employee’s Post Employment Heath Reimbursement Arrangement plan, provided the employee has used only one shift of sick leave during the prior fiscal year.

D. ELECTION UPON RETIREMENT WITH RESPECT TO UNUSED SICK LEAVE CREDIT
An employee who permanently is separated from service by retirement or death shall have 50% of any unused accumulation of sick leave, up to a maximum of 672 hours for less than thirty (30) years of City service and up to a maximum of 1,120 hours for thirty (30) years or more of City service, automatically converted by the employer into a dollar value based on the employee’s then existing salary (Unused Sick Leave Credit Value).

The remaining 50% shall be converted to service credit for all employees.

1. Employee Elections:

The Unused Sick Leave Credit Value will be contributed by the employer to the employee’s Post-Employment Health Reimbursement Arrangement (PHRA), Retirement Account, and/or CalPERS Service Credit based on the most recent written election of the employee that was provided to the employer for this purpose in a calendar year prior to the calendar year of retirement. Such written election (Election) must be made on a form provided by the employer and will have no effect unless made and delivered to the employer in a calendar year prior to the employee’s retirement. All employee elections will be subject to the then applicable Internal Revenue Code or other applicable limits that apply to employer-initiated

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contributions to such plans. The employee’s Election, once made, will become irrevocable for the succeeding calendar year, but may be changed on a timely basis with respect to future calendar years.

2. Plan Default
If at the time of an employee’s retirement there is no employee election on file, 100% of the Unused Sick Leave Credit will be contributed by the City to CalPERS as an automatic sick leave conversion to service credit pursuant to pension contract with the City.

3. No Cash Out
The employee’s Unused Sick Leave Credit Value may not be paid to the employee in cash or in the form of some other taxable benefit. (Amended 2021)
E. LABOR/MANAGEMENT WORKING COMMITTEE ON REDUCTION OF WORKPLACE

INJURIES/ILLNESS
The IAFF and the City recognize the need for bargaining unit members to engage in best health and safety practices when providing public safety services to the Community. The IAFF understands factors such as physical fitness, including proper physical activity/movements, healthy eating habits, appropriate sleep habits, and stress management tactics improve the performance and overall health of bargaining unit members. In that regard, the IAFF and the City agree to establish a joint labor and management committee to meet bimonthly to discuss and implement workplace safety practices, policies, and programs. The working committee shall include the IAFF President or designee, up to two additional IAFF members, City Safety Officer, Human Resources Chief or designee, and Fire Chief or designee. Additionally, the IAFF agrees to actively participate in the City’s existing Safety Committee and proactively support members who are on leave due to workplace injury to ensure they have everything they need for a healthy recovery.

F. VACATION
Employees shall begin to accrue vacation effective the date of full-time employment with the City. For employees assigned to a 56-hour schedule, vacation shall be accrued based on the following schedule:

Years of Service
Hours Accrued
Per Pay Period Annual Accrual
0-2 years
3-5 years

5.54 6.38
144
166
5-10 years 7.85 204
10-15 years 9.69 252
15-20 years 10.61 276
20+ years 11.54 300

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Employees assigned to the 56-hour shift and working less than one (1) year shall be credited with 4.62 hours of vacation for each bi-weekly pay period worked. Vacation leave for fire employees working 24-hour shifts shall be charged on an hour-for-hour basis.

Employees assigned to a 40-hour schedule shall accrue vacation time based on the following schedule:

Years of Service
Hours Accrued
Per Pay Period Annual Accrual
0-2 years 3.08 80 hours
3-5 years 3.69 96 hours
6-10 years 4.62 120 hours
11-15 years 5.77 150 hours
16-20 years 6.92 180 hours
21+ years 7.69 200 hours
An employee may defer some or all of their vacation to the following year. However, in no event shall an employee accumulate vacation days greater than twice their annual accrual rate. Employees will be paid out the excess amount of accumulated vacation days beyond two times their annual accrual rate on the second paycheck in November of each year.

Election to Cash-Out Future Vacation Accruals: An employee may request a cash-out of certain amounts of vacation the employee will accrue in the next calendar year if they have a vacation bank of at least 120 hours, and at least 72 hours of vacation has been taken by the employee within the previous twelve months.

Such requests must be approved by the City Manager.

Effective December 2024, and during the month of December each year thereafter, there will be an irrevocable election period during which each bargaining unit member may make an irrevocable election to cash out certain vacation that will be accrued during the following year (the “cash-out year”) on the form prescribed by Human Resources.

The number of hours that the bargaining unit member intends to cash out must be indicated at that time. Failure to timely submit a properly completed irrevocable election form shall be the same as making no election.

The cash-out of future vacation accruals is subject to the following conditions:
• An employee must have a minimum balance of 120 hours of accrued vacation at the time of election.
• An employee must have used at least seventy-two (72) hours of vacation for actual time off from work during the twelve (12) month period preceding the election. • Any vacation time actually taken by the employee during the cash-out year will be subtracted first from any carryover hours which existed at the end of the prior year and then from vacation hours accrued in the current year for which no election has been made.
• An irrevocable election form must be received and accepted by Human Resources no later than December 31st for the following calendar year.

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• The election to cash-out leave hours in each designated year will be irrevocable and will only apply to the upcoming calendar year. This means that employees who elect to cashout leave hours must cash out the number of accrued hours pre-designated on the election form. The amount of accrual hours designated for cash-out cannot be increased or decreased at the time of cash-out.
• In no event will a cash out payment exceed the value of hours the employee has actually accrued for the period of time between January 1 and the distribution date in any given year.
• All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit the first full pay period in either June and/or December following accrual of the hours designated for cash out.

All vacation requests are subject to the approval of the Fire Chief or their designee. Every effort shall be made to accommodate employee vacation requests provided the request does not adversely impact the Department. In no event shall an employee be entitled to pay until earned. The City may reserve the right to deny a vacation request based on operational needs, for major events, or if coverage is not identified.

G. HOLIDAYS
Permanent full-time employees assigned to a 56-hour work period shall be paid for thirteen (13) holidays per year in lieu of days off. Personnel assigned to the following positions, which must be staffed each day of the week, are not granted official City Holidays as days off with pay: Firefighter, Engineer, and Captain.

In lieu thereof, they shall receive one day of holiday credit (12 hours) for each official holiday. These additional hours shall be paid over twenty-six (26) pay periods in the year and shall be in addition to other regular compensation. This pay shall be calculated as follows: (12) hours * (13) holidays/2912 = 5.3%. These payments are intended to be reportable to CalPERS as special compensation under 2 CCR§ 571(5). Holiday pay will be factored into the regular rate for purposes of calculating FLSA overtime.

Employees assigned to 40-hour workweek shall be paid to fully cover hours that the employee is scheduled - 9 hours holiday pay for 9-80 schedule, 10 hours holiday pay for 4-10 schedule.

The holiday pay amount will be factored into the regular rate of pay for FLSA overtime.

Recognized holidays are:

New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11th
Thanksgiving Day Last Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve Day December 24th
Christmas Day December 25th

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New Years' Eve Day December 31st
H. BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, the employee shall be granted up to two (2) shifts off with pay. One additional shift of bereavement leave may be granted with cause upon approval of the Fire Chief. 40 hour per week employees shall be granted three (3) work days with approval of the chief. Two additional days of funeral leave may be granted with cause, upon approval of the chief. The time off shall not be subtracted from other accrued leave balances. Every effort will be made to schedule sick leave off for step-family, extended family, and other relatives for bereavement leave upon approval by the Chief.

1. Immediate family is defined as father, stepfather, father-in-law, mother, stepmother, mother-in-law, brother, stepbrother, brother-in-law, sister, stepsister, sister-in-law, spouse, registered domestic partner, child, stepchild, daughter-inlaw, son-in-law, grandparents, great-grandparents, or grandchild.

2. The City may require substantiating evidence supporting an employee's request for such leave with pay.

I. JURY DUTY
A regular or probationary employee ordered to jury duty during the employee’s regularly scheduled working hours shall be entitled to leave with pay during the actual jury service; provided however, that the employee reimburse the City any compensation received to them by the Court with the exception of travel and meal expenses.

Employees shall inform the Fire Chief of impending jury duty within forty-eight (48) hours of receipt of said order.

J. SHIFT EXCHANGE
Employees shall have the right to exchange shifts except when the Fire Chief determines the exchange will interfere with the operation of the Fire Department. Such shift exchange shall have a scheduled payback period within one (1) year, subject to review by the Fire Chief.

VII. GENERAL EMPLOYMENT
A. VACANCIES AND PROMOTIONS
When a permanent vacancy occurs in any position, it shall be filled in accordance with the promotional policies set forth in the City of Healdsburg Personnel Rules and Regulations. The City shall fill vacancies as soon as possible in accordance with the standard hiring practices and time frames.

The City and Union agree that the minimum qualifications and performance standards for each classification represented by the Union shall be made available to all employees.

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B. PROBATION
All original and promotional appointments shall be tentative and subject to a probationary period of not less than twelve (12) months of actual service from the date of the probationary appointment or promotion and may be extended by the City Manager or Fire Chief for a period not to exceed an additional six (6) months. The City shall prepare and give copies of an evaluation report to each probationary employee after the 3rd, 6th and 9th month of each probationary period.

1. The probationary period of an employee who is placed on administrative leave, granted a leave of absence, parental leave, or other disability leave shall be extended by the duration of the leave from the position for which the probation is being served.

2. Newly appointed members who, in the determination of the Fire Chief, cannot successfully perform the duties of the position and/or fail to pass the required evaluation during the probationary period may be terminated without the right of appeal.

3. Newly promoted members who cannot successfully perform the duties of the position and/or fail to pass the required evaluation during the probationary period may be returned to their previous rank without the right of appeal.

C. SENIORITY
Seniority shall be defined as the total length of continuous service with the City as a permanent full time employee, calculated from the date of hire. In determining an employee's seniority, the continuity of their service shall be deemed to be broken by termination of employment by reason of: 1) resignation; 2) discharge for cause; 3) layoff for more than one (1) year; 4) failure to return to work immediately upon the expiration of a leave of absence or acceptance of other employment while on leave of absence; or 5) an absence of five (5) working days, unless leave of absence is obtained.

Continuity of service shall not be broken and seniority shall accrue when an employee:
1) is inducted, enlists or is called to active service in the armed forces of the United States or service in the Merchant Marines under any act of Congress which provides that the employee is entitled to re-employment rights; 2) is on duty with the National Guard; or 3) is absent due to layoff for a period of less than one (1) year.

D. PERSONNEL REDUCTION - LAYOFFS
Should the City Manager determine reductions in force to be necessary due to lack of work, reorganization or for financial reasons, he/she may initiate layoffs. In the event of layoffs, the City shall provide effected employees with as much notice as possible. In determining the order of layoffs, the following shall apply:

1. No regular employee shall be laid off from their position while a temporary, parttime or probationary employee is serving in the same classification.

2. Seniority is defined as all full-time service, in total, in classifications covered by this Memorandum of Understanding.

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3. Once the City determines the classification in which the layoff shall take place, the employee with the least amount of seniority shall be laid off.

4. BUMPING is defined as the displacement of an employee from their position by an employee in a higher classification who has greater seniority. Employees exercising bumping rights do not need to have served in the classification to which they are bumping. Once there has been a determination as to the least senior employee, the employee being bumped may exercise bumping rights to the next lower classification, if any, based on seniority, otherwise the least senior employee shall be laid off. Employees exercising bumping rights must be able to perform the essential job functions and possess the minimum qualifications of the classification as specified by the job classification specification they are bumping to. The City shall notify laid-off employees of any positions available for bumping.

Following such notification, the employee must notify the Personnel Director in writing of their intent to exercise the bumping rights within seven (7) calendar days, and the position and classification into which he/she intends to bump. Failure to provide such notification shall be deemed a waiver of bumping rights by the employee.

5. REINSTATEMENT FROM LAYOFF. Following layoff from a position or layoff from City employment, employees may be reinstated upon the recommendation of the Department Head, the concurrence of the Personnel Director, and the approval of the City Manager, to the position from which they were laid off, based on their qualifications, availability, and the needs of the City, pursuant to the Reinstatement Policy at Rule IV 4 of the City's Personnel Rules & Regulations.

E. STATION STAFFING
Routine staffing, is three (3) personnel on duty for each 24-hour shift, one of which shall be a 56-hour Fire Department employee. The Fire Chief may assign a 40- hour employee or a qualified reserve to a shift to satisfy the minimum manning requirement.

One on duty employee must meet the Acting Captain requirement.

In the event of circumstances that preclude adherence to the routine staffing model, the City will meet and confer over the impact of any change to the staffing model, temporary or otherwise.

F. EMT CERTIFICATION
Fire Suppression employees covered under this MOU shall obtain and maintain an EMT certificate approved by the State of California Department of Public Health. Biannual CA EMT License cost shall be covered by the department.

G. RULES AND REGULATIONS
The City and Union agree that employees shall comply with all Fire Department and City of Healdsburg Rules and Regulations. Any changes to these rules and regulations involving mandatory items of negotiation shall be subject to the meet and confer process.

H. OUTSIDE EMPLOYMENT

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Employees who hold or wish to hold jobs outside their normal City employment shall make a request to engage in outside employment and submit the request to the City Manager through the Fire Chief. Outside employment shall not be permitted if it conflicts in any manner with the employee's duties and responsibilities with the City or is prohibited by law.

VIII. DISCIPLINARY ACTION
No employee shall be disciplined without cause. Disciplinary action shall be defined to include written reprimands, suspensions, demotions, reduction in pay and discharge. Disciplinary action more serious than a written reprimand must be initiated at the level of Fire Chief.

A. NOTICE OF INTENT
Whenever an employee faces disciplinary action, written notice of at least five (5) working days of the proposed disciplinary action shall be given before such action is to be taken and must include:

1. Notice of proposed action;

2. Reasons for proposed action;

3. A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and

4. A notice to the employee of the right to respond in writing or orally within the five (5) working day period.

B. GROUNDS FOR DISCIPLINE
Good cause exists, not only when there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct by an employee brings discredit to the City, affects the employee's ability to perform their duties, causes other employees not to be able to perform their duties, or involves any improper use of their position for personal advantage or the advantage of others. The type of disciplinary action shall depend on the seriousness of the offense and the relevant employment history of the employee.

The City and Union agree to refer to the specific causes for disciplinary action against an employee as identified in the City's Personnel Rules and Regulations.

C. PROCEDURES FOR DISCIPLINARY ACTION

1. WRITTEN NOTICE/PRE-DISCIPLINE MEETING/FINAL ACTION
The City shall issue a written notice of discipline in compliance with Section VIII.A of this agreement. The City shall then follow the below procedures applicable to the level of discipline being proposed:

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a. Written Reprimand. In the case of a written reprimand, the employee may respond by submitting a written rebuttal to be lodged in the employee's personnel file. Additionally, employees receiving discipline under this subsection may, within five days of receiving the notice of discipline, request an informal appeal pursuant to the Firefighters Procedural Bill of Rights Act and Government Code section 11445.20(b)(3), as outlined in Section VIII(C)(2)(a). b. Punitive Discipline. For a suspension, a reduction in pay, a demotion, or a termination, the City shall provide the employee an opportunity to respond to the proposed disciplinary action, either orally or in writing, within 5 days of the receipt of the notice of proposed discipline. If the employee chooses to respond orally, the Personnel Director shall designate a City official who shall convene a meeting to hear the employee's response.

For discipline under this subsection, the City shall issue a notice of intent to impose discipline describing the intended discipline, the basis for the discipline and attaching any documents upon which the discipline is based. The notice sha11 state that the employee has a right to respond, either orally or in writing, before discipline is imposed. The City shall set the pre-discipline meeting approximately one (1) week from the date of the notice, unless a different time and date is set by mutual agreement. Employees shall be afforded appeal as per the Firefighters Procedural Bill of Rights Act.

The Personnel Director shall designate a City official who is disinterested in the matter who shall convene a meeting to review the employee's response before imposing discipline. The employee shall be entitled to a representative of their choice; provided, however, that the inability of a particular representative to attend the meeting shall not be because requiring a continuance of the meeting. At the meeting, the employee shall be provided the opportunity to respond to the charges and to present any new information for consideration by the City.

Within 30 days but not less than 48 hours after the employee has been provided an opportunity to respond to the charges, the City shall issue a final notice of discipline. The notice shall notify the employee of their right of appeal under either the informal or formal grievance procedure, as outlined below.

2. APPEAL OF DISCIPLINARY ACTION
a. Informal Hearing Procedure. For discipline less severe than a suspension of 56 hours (i.e., shorter suspensions, written reprimands, transfers), or less than 40 hours for a firefighter working a 40-hour week, employees shall have the right to an informal appeal hearing challenging the Notice of Proposed Discipline. The informal hearing procedure does not involve pre-hearing discovery or crossexamination of witnesses. The presiding officer shall be a City official who was not involved in the decision to issue disciplinary action. The presiding officer shall

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regulate the course of the proceeding and shall permit the parties to offer written or oral comments on the issues. The presiding officer may limit the use of witnesses, testimony, evidence, and arguments, and may limit or eliminate the use of pleadings, intervention, discovery, preheating conferences, and rebuttal. b. Formal Hearing Procedure. For discipline that involves dismissal, demotion, suspension of 56 hours or more, or 40 hours or more for a firefighter working a 40 hour week, or reduction in salary, employees shall have the right to _appeal from the final notice of discipline. (Gov. Code. Sec. 3254) The notice of appeal must be received within seven (7) calendar days from the date of the final notice of discipline, or the right to proceed to the next appeal level under these Rules shall be forfeited and the discipline shall become final.

The appeal shall be heard by an administrative law judge in compliance with the Firefighters Procedural Bill of Rights and the Administrative Procedure Act.

The costs of the hearing officer shall be borne by the City unless the Union has brought the appeal on the employee's behalf, in which case the cost of the hearing officer will be shared equally by the City and Union. Either party may request that the matter be transcribed, and the requesting party shall bear the expense of the transcript and court reporter's fees. If the transcript is jointly requested by both parties, both parties will share equally in the expense of the transcript and court reporter's fees.

The hearing officer shall have the authority to convene the hearing, receive evidence through testimony and documents and make findings of fact and conclusions about the discipline. Within 30 days of the close of the hearing, the hearing officer shall serve a proposed decision on the City Manager and the employee. The hearing officer's decisions shall contain detailed findings of fact relating to the disciplinary charges. Within 100 days of receipt of the administrative law judge's proposed decision, the City will act in compliance with Government Code section 11517(c)(2) by either:
i. Adopting the proposed decision in its entirety;
ii. Reducing or otherwise mitigating the proposed penalty and adopting the balance of the proposed decision;
iii. Making technical or other minor changes in the proposed decision and adopting it as the decision. Action by the agency under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision; iv. Rejecting the proposed decision and referring the case to the same administrative law judge if reasonably available, otherwise to another administrative law judge, to take additional evidence. If the case is referred to an administrative law judge pursuant to this subparagraph, he or she shall prepare a revised proposed decision, based upon the additional evidence and the transcript and other papers that are part of the record of the prior hearing.

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A copy of the revised proposed decision shall be furnished to each party and their attorney as prescribed in this subdivision; or v. Rejecting the proposed decision, and deciding the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence in compliance with Government Code section 11517(c)((2)(E).

Firefighters are covered under the Firefighters Procedural Bill of Rights Act (Gov. Code.

Sec.. 3250 - 3262).

The City will comply in all aspects of the Firefighters Procedural Bill of Rights Act (Gov.

Code Sec. 3250 - 3262) and, to the extent any aspect of the discipline process described in Section VIII does not satisfy the requirements of the Act or needs to be supplemented by the requirements of the Act, the parties will comply with the requirements of the Act.

IX. GRIEVANCE PROCEDURE
The City and Union recognize that employees are entitled to full access of the Personnel Office, without recourse. The subject of any such visits shall be confidential.

A grievance is defined as any dispute involving the interpretation, application, or alleged violation of: 1) the specific express terms of this MOU; or 2) a specific express term of the City Personnel Rules and Regulations.

A. ELIGIBILITY TO FILE A GRIEVANCE
Only full-time employees in regular non-probationary appointments who are adversely affected by an act or omission of the City are eligible to file a grievance.

B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The following matters are excluded from the definition of a "grievance":
a. Requests for changes in wages, hours, or working conditions, except those that result in a loss of employee's benefits as granted in any provision of this MOU; and
b. Challenges to this grievance procedure.

C. GRIEVANCE PROCEDURE
The grievance procedure shall consist of the following steps:

1. INFORMAL GRIEVANCE PROCEDURE
A grievance must be filed within thirty (30) calendar days of the act(s) or omission(s) giving rise to the grievance. Failure to file the grievance within this time period shall

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result in denial of the grievance as null and void. Within ten (10) working days of the act(s) or omission(s) giving rise to the grievance, the grievant must discuss the grievance with their immediate supervisor, who shall investigate and attempt to resolve the matter. The supervisor shall give the grievant an oral or written reply within ten (10) working days after the discussion. If the grievant is not satisfied with the reply, he/she may proceed to the Formal Grievance Procedure.

2. FORMAL GRIEVANCE PROCEDURE
a. First Level of Review
Any grievance not resolved by the Informal Grievance Procedure, may be submitted in writing by the grievant to their supervisor along with a copy to the Personnel Director, no later than ten (10) working days after the date of the supervisor's oral or written reply. A grievance may be submitted directly to the Personnel Director or, if the grievance started at a level above the supervisor or department, the grievance may be submitted at the higher level. The written grievance must contain the following information:

1. Name of grievant and job title;

2. Department/Section in which grievant works;

3. The specific act or omission that gave rise to the alleged violation, misinterpretation, or misapplication and the date or dates of the alleged act or omission;

4. The specific provision(s) of the Memorandum of Understanding, City Policy or Personnel Rules alleged to have been violated, misinterpreted, or misapplied;

5. A list of the documents, witnesses or other evidence that support the grievance;

6. Desired solution or remedy;

7. Name of the grievant' s representative, if any;

8. Signature of the grievant or representative and date signed.

Within 10 working days thereafter, the supervisor shall schedule a meeting with the grievant to work at resolving the grievance. The supervisor shall give the grievant a written reply within 10 working days after the meeting and shall file a copy with the Personnel Director. If the grievant is not satisfied with the response, he/she may proceed to Level 2.
b. Second Level - Department Head Review
Any grievance not resolved at Level 1 may be submitted to the Department Head no later than 10 working days after the date of the supervisor's written reply. The grievant shall provide the Department Head with a copy of the Level 1 response.

Within 10 working days thereafter, the Department Head shall schedule a meeting with the grievant to work at resolving the grievance. The Department Head shall give the grievant a written reply within 10 working days after the meeting and shall file a copy with the Personnel Director. If the grievant is not satisfied with the response, he/she may proceed to Level 3.

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