Agenda packet — Livermore City Council, June 27, 2022 (part 1 of 5)

CITY COUNCIL
AGENDA
MONDAY, JUNE 27, 2022
VIRTUAL REGULAR MEETING –
7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
TELECONFERENCE INFORMATION:

CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/88182056563
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 881 8205 6563
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
June 27, 2022

1 1.

CLOSED SESSION - None.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Community Asset Management Program (CAMP) Outreach Committee Annual Update presented by Chairperson Allen.

Recommendation:

Staff recommends City Council accept the update.

Staff Report

4. CITIZENS FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.

Please log into Zoom to provide verbal public comment during the City Council Meeting.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens Forum will reconvene before the meeting adjourns.

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must use the raise hand feature.

5.1 Approval of draft minutes - May 9, 2022 Regular Meeting, May 16, 2022 Special Meeting, and May 23, 2022 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2022-05-09 Draft Meeting Minutes

2. 2022-05-16 Draft Meeting Minutes

ROLL CALL

Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
June 27, 2022

2 3. 2022-05-23 Draft Meeting Minutes

5.2 Resolution authorizing the City Manager to execute an agreement with VirTra Inc. for the purchase of a law enforcement training system in an amount not-to-exceed $260,000

Recommendation:

Staff recommends City Council adopt a resolution authorizing the City Manager to enter into contract with VirTra Inc. for the purchase of a law enforcement training system in an amount not-to-exceed $260,000.

Staff Report

Attachments:

1. VirTra Sole Source Letter

2. Resolution

3. Exhibit A - VirTra Agreement

5.3 Resolution authorizing the City Manager to execute an agreement with the Alameda County Fire Department (ACFD) to provide dispatch services to the Livermore-Pleasanton Fire Department (LPFD) in an amount not-to-exceed $407,880 for the first year of service

Recommendation:

Staff recommends the City Council authorize the City Manager to execute a five-year agreement with the Alameda County Fire Department (ACFD) to provide dispatch services to the Livermore-Pleasanton Fire Department (LPFD).

Staff Report

Attachments:

1. Resolution

2. Exhibit A - City of Livermore and Alameda County Fire Department Agreement

3. Exhibit B - FY 2023 Final Budget

5.4 Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) between the City of Livermore, City of Dublin, and City of Pleasanton for the execution of an update to the 2011 Eastern Alameda County Human Services Needs Assessment.

Recommendation:

Staff recommends City Council adopt a resolution:

1 .

Approving a Memorandum of Understanding (MOU) between the City of Livermore, City of Dublin, and City of Pleasanton for the execution of an update to the 2011 Eastern Alameda County Human Services Needs Assessment, and
2 .

Authorizing the City Manager, or her designee, to execute the Memorandum of Understanding (MOU) and all other related documents authorized and described in the MOU.

Staff Report

Attachments:

Livermore City Council Agenda
June 27, 2022

3 1. Resolution

2. Exhibit A - MOU

5.5 Resolution approving the Memorandum of Understanding (Labor Agreement) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters Local 1974 for the term of January 1, 2022 through June 30, 2025, and appropriating $901,852 from the General Fund Unallocated Reserves to fund the Fiscal Year 2022-23 costs

Recommendation:

Staff recommends that the City Council adopt a resolution approving a Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters Local 1974 for the term of January 1, 2022 through June 30, 2025, and appropriating $901,852 from the General Fund Unallocated Reserves to fund the Fiscal Year 2022-23 costs.

Staff Report

Attachments:

1. Redlined Memorandum of Understanding

2. Resolution

3. Exhibit A - Memorandum of Understanding between LPFD and IAFF, Local 1974 for the Fire Employees Unit

5.6 Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in Fiscal Year 2022-23, in an amount not-to-exceed $220,000

Recommendation:

Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Baker & Taylor Books for Fiscal Year 2022-23 purchases of library books and related materials, not-to-exceed $220,000.

Staff Report

Attachments:

1. Resolution

5.7 Resolution adopting a list of projects for FY 2022-23 funded by Senate Bill 1 and approving Road Maintenance and Rehabilitation Account funds

Recommendation:

Staff recommends the City Council adopt a resolution approving a list of projects funded by Senate Bill 1 in FY 2022-23 and approve the use of State Road Maintenance and Rehabilitation Account funds.

Staff Report

Attachments:

1. Projects Programmed in FY 22-23 with SB1 Funds

2. Resolution

3. Exhibit A - SB1 Project List

Livermore City Council Agenda
June 27, 2022

4 5.8
Resolution calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 8, 2022 for the election of certain officers of the City.

Recommendation:

The City's General Municipal Election is scheduled for Tuesday, November 8, 2022. Staff recommends the City Council adopt a resolution calling for the election and directing the City Clerk, in cooperation with the Alameda County Registrar of Voters, to conduct the election and request consolidation from the Alameda County Registrar of Voters.

Staff Report

Attachments:

1. District Map

2. Resolution

5.9 Resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

Recommendation:

Staff recommends that the City Council adopt the resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Investment Policy

5.10 Amendment to the City of Livermore Salary Plan to reflect previous agreements and classification study

Recommendation:

Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of July 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective July 2022

6. PUBLIC HEARINGS

6.1 Hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2022-23

Recommendation:

Staff recommends the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2022-23.

Livermore City Council Agenda
June 27, 2022

5 Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2022-23.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Proposed Assessments for Landscape Maintenance Districts for Fiscal Year 2022-23

3. Exhibit B -
Proposed Assessments for Downtown Landscape Maintenance District, LL-859 for Fiscal Year 2022-23

4. Exhibit C - Consolidated Engineer's Report

6.2 Public hearing to adopt the Tri-Valley Transportation Council 2020 Nexus Fee Update Study, AB 602 Supplemental Analysis, the Tri-Valley Transportation Council Strategic Expenditure Plan 2022 Update, Prioritization of Projects and Funding Plan, and the 2022 Tri-Valley Transportation Development Fee rates pursuant to the requirements of the Joint Exercise of Powers Agreement.

Recommendation:

Conduct a public hearing and adopt a resolution adopting:

Tri-Valley Transportation Council 2020 Nexus Fee Update Study, AB 602 Supplemental Analysis,
Tri-Valley Transportation Council Strategic Expenditure Plan 2022 Update, Prioritization of Projects and Funding Plan, and
2022 Tri-Valley Transportation Development Fee rates and making the required findings.

Staff Report

Attachments:

1. Future Build vs. No Build Scenario Vehicle Hours of Delay (VHD)

2. Resolution

3. Exhibit A - 2020 Nexus Study Update

4. Exhibit B - AB 602 Supplemental Analysis

5. Exhibit C - SEP and Project Prioritization and Funding Plan

6.3 Hearing to receive and consider all evidence and reports regarding the adoption of a Master Fee Schedule. The Master Fee Schedule Resolution establishes fees for City services. The fee resolution and accompanying justification includes new, increased and decreased fees into one document.

Recommendation:

Staff recommends the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2021-113.

Staff Report

Attachments:

1. Tables 1-11

Livermore City Council Agenda
June 27, 2022

6 2. Resolution

3. Exhibit A - Master Fee Schedule

7. MATTERS FOR CONSIDERATION

7.1 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2022

Recommendation:

Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2022.

7.2 Receive Alameda County Local Agency Formation Commission 20-Year Report on Measure D and discussion and direction regarding amendments to Alameda County’s East County Area Plan, South Livermore Valley Area Plan, and Alameda County Zoning Code

Recommendation:

Staff Recommends the City Council:

1 .

Receive the Alameda County Local Agency Formation Commission’s 20-Year Report on Measure D and LAFCo staff presentation; and
2 .

Provide discussion and direction on the proposed amendments to Alameda County’s East County Area Plan, South Livermore Valley Area Plan, and Alameda County Zoning Code.

Staff Report

Attachments:

1. Findings and Conclusions

2. Proposed Amendments

3. 20 Year Review of Measure D

4. Alameda County Urban Growth Boundary

5. City Letter

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on July 11, 2022 at 7:00 p.m., held virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

Livermore City Council Agenda
June 27, 2022

7 You can participate in the meeting in a number of ways:

Citizens Forum
is an opportunity for the public to speak regarding items not listed on the agenda.

Speakers are limited to a maximum of 3 minutes per person. To submit a comment using Zoom, you may use the 'raise hand' feature. You should be aware that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings
- The topic of the hearing is typically summarized by staff, followed by questions from the City Council and a presentation by the applicant. The Mayor will then open the hearing to the public and offer an opportunity for public comments. You may use the 'raise hand' feature in Zoom and take 3 minutes to make your comments.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3 minute limit.

Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Virtual Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office ( [email protected]
).

Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record. eComments
may be submitted by the public using the eComment link
here
. Comments may be up to
1000 characters in length and will be accepted up until 4PM the day of the meeting. These items will NOT be read into the record and are viewable by the the City Council and the public upon submittal.

Submission of Comments During the Meeting:

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29:

tv29live.org

YouTube:

h
ttp://youtube.com/c/CityofLivermoreCalifornia
Livermore City Council Agenda
June 27, 2022

8 Zoom Webinar:

https://us02web.zoom.us/j/88182056563
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 881 8205 6563
If you would like to deliver written materials to the City Council as part of their electronic comments during a meeting, the speaker must identify that intent in his or her comment submitted and immediately email the materials to the City Clerk at
[email protected]
.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://livermoreca.gov/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members of the City
Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://livermoreca.gov/agenda
.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF LIVERMORE DOES NOT

DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY,

SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN ACCOMMODATION IN ORDER TO PARTICIPATE

IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected]
OR CALL (925) 960-4170 (VOICE) OR (925) 960-4104
(TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
June 27, 2022

9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Community Asset Management Program (CAMP) Outreach Committee Annual Update presented by Chairperson Allen.

RECOMMENDED ACTION

Staff recommends City Council accept the update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Debbie Bell
Management Analyst II

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Approval of draft minutes - May 9, 2022 Regular Meeting, May 16, 2022 Special Meeting, and May 23, 2022 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-05-09 Draft Meeting Minutes

2. 2022-05-16 Draft Meeting Minutes

3. 2022-05-23 Draft Meeting Minutes

Prepared by: Marie Weber
City Clerk

MEETING MINUTES
CI

TY COUNCIL
MAY 9, 2022
________________________________________________________________

1. C
LOSED SESSION – None.

GULAR MEETING

2. C
ALL TO ORDER – T he meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held in-person at 1016 S Livermore Ave and remotely using Zoom and YouTube.

R
OLL CALL – Present: Vice Mayor Regina Bonanno and Council Members Robert W. Carling, and Trish Munro

Absent: Mayor Woerner and Council Member Brittni Kiick
P

LEDGE OF ALLEGIANCE

3. P

ROCLAMATIONS AND PRESENTATIONS

3.1 P
roclamation presented to Assistant Public Works Director Jeff Shafer declaring May 15-21, 2022 as Public Works Week.

R
ecommendation: Staff recommended City Council proclaim May 15- 21, 2022 as Public Works Week
V

ICE MAYOR BONANNO AND CM MUNRO PRESENTED THE

PROCLAMATION TO THE ASSISTANT PUBLIC WORKS DIRECTOR JEFF SHAFER.

3.2 P
roclamation declaring May as Jewish American Heritage Month presented to Rabbi Milder of Congregation Beth Emek.

R
ecommendation:

Staff recommends the City Council declare May as Jewish American Heritage Month.

CE MAYOR BONANNO AND CM MUNRO PRESENTED THE
PROCLAMATION TO RABBI MILDER OF CONGREGATION BETH EMEK.

4. CI

TIZENS FORUM
V
ice Mayor Bonanno opened the public comment period.

ATTACHMENT 1
12 CM/75/2 Minutes MAY 9, 2022

Gabe Hulbert provided comments.

Haydin Sidun provided a comment.

Isaac Mendel provided a comment.

Pedro Rodriguez provided a comment.

Anthony Owens provided a comment.

Frank Nasca provided a comment.

Justin Monge provided a comment.

Joseph McThorn provided a comment.

John Witheri provided a comment.

Jonathan Heller provided a comment.

Chris Jesberg provided a comment.

Scott Leathers provided a comment.

Pete Patterson provided a comment.

There were no more speakers and the public comment period was closed.

5. CONSENT CALENDAR

Vice Mayor Bonanno opened the public comment period.

Item 5.7 Dorothee Catipon, Caydence Johnson, Caylie Natsch, Calvin Shawler, and Naomi Zika provided a presentation.

Item 5.5 Laning Thompson provided a comment.

There were no more speakers and the public comment period was closed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING, AND
CARRIED ON A 3 -0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - April 11, 2022 Regular Meeting and the April 22, 2022 Special Meeting.

Recommendation: Staff recommend ed the City Council approve the draft minutes.

ATTACHMENT 1
13 MAY 9, 2022 Minutes CM/75/3

5.2 Adoption of Ordinance 2136 amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe storage of a firearm in a residence.

Recommendation: Staff recommended the City Council adopt an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances and adding “Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.

5.3 Resolution 2022-067 authorizing execution of the first amendment to the agreement with Terracare Associates for citywide landscape maintenance services to increase the total compensation by $885,000 to an amount not -to- exceed $3,900,000.

Recommendation: Staff recommended City Council adopt a resolution authorizing the City Manager to execute an amendment to the City’s current agreement with Terracare Associates to increase the total compensation to an amount not-to-exceed $3,900,000.

5.4 Resolution 2022-068 authorizing execution of a second amendment to the agreement with West Coast Arborists, Inc., for tree and shrub pruning and maintenance services, extending the term of the agreement for an additional two- year period and increasing the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of a second amendment to the agreement with West Coast Arborists, Inc. to extend the term of the agreement for an additional two- year period and increase the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.

5.5 R esolution 2022-069 to approve the commitment of up to $2,234,749 of the City of Livermore’s Base City Allocation of Alameda County Measure A1 Countywide Housing Bond to finance the development of the Pacific Avenue Senior Housing project.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving the commitment of up to $2,234,749 of Alameda County Measure A1 Housing Bond Livermore Base City Allocation funds to Satellite Affordable Housing Associates for the Pacific Avenue Senior Apartments project; and

2. Authorizing the City Manager, or his designee, to take such actions and execute all documents necessary to facilitate the Alameda County Measure A1 Housing Bond Base City Allocation commitment of funds for the Pacific Avenue Senior Apartments project.

5.6 Resolution 2022-70 finding that the Altamont Landfill Open Space Committee's recommendation to expend up to $160,103 for a Phase II Study to identify wildlife connectivity along I580/Altamont corridor is consistent with the ATTACHMENT 1
14 CM/75/4 Minutes MAY 9, 2022

Altamont Landfill Settlement Agreement, authorizing execution of an agreement with Altamont County Resource Conservation District (ACRCD) to conduct the Phase II study in an amount not -to-exceed $160,103 and accepting the Committee's approved list of priority areas.

Recommendation:

Staff recommended the City Council adopt a resolution to:

1. Find the Altamont Landfill Open Space Committee’s recommendation to expend up to $160,103 of Altamont Open Space Funds to the Alameda County Resource Conservation District (ACRCD) and University of California, Davis to conduct a Phase II study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement.

2. Authorize the City Manager, or designee, to execute an agreement with ACRCD to conduct the Phase II study in an amount not -to-exceed $160,103.

3. Accept the Committee’s recommendation to confirm the Eastern Alameda County Open Space Priority List, and that the List will be further refined by the Committee using the new U.C. Berkeley mapping tool and the Phase I and II I-580/Altamont wildlife connectivity study results to guide funding of future open space acquisition applications.

5.7 Resolution 2022-071 authorizing the execution of Project and Program Grant Agreements consistent with the city's Public Art Policy.

Recommendation:

The Commission for the Arts and staff recommended the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1. Cheza Nami Foundation, Inc. - $10,000 for the 10th annual Taste of Africa Festival

2. Las Positas College Foundation- $4,000 for the 2022 Las Positas College Literary Festival ("LPC Lit Fest")

3. Livermore Art Association- $4,000 for the 2022 Livermore Art Association Spring Art Show

4. Livermore Valley Joint Unified School District - $6,650 for an original cast album recording of the theater production titled "[INSERT future HERE]"

5. Livermore Valley Opera- $8,000 for the Education and Community Outreach Programs

6. Livermore Valley Performing Arts Center - $1,250 for performances at Artwalk 2022

5.8 Approval of "Dream Big" Mural at 150-170 North L Street.

Recommendation:

The Commission for the Arts and staff recommended the City Council approve the "Dream Big" Mural.

5.9 Resolution 2022-072 approving a Tourism and Special Event Grant ATTACHMENT 1
15 MAY 9, 2022 Minutes CM/75/5

application and authorizing execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) in the amount of $2,000.

Recommendation:

Staff recommend ed the City Council authorize the execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) for their event Shakespeare in the Vineyards, in the amount not-to-exceed $2,000.

6. PUBLIC HEARINGS

6.1 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northwest corner of North Canyons Parkway and Triad Place. The development consists of three- story condominium buildings with 112 total units, including 22 units affordable to median and moderate -income levels, and 12 accessible units.

The applicant has submitted for a density bonus under Government Code section 65915.

Recommendation:

The Planning Commission and staff recommended the City Council:

1. Adopt a Resolution finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183; and

2. Adopt a Resolution approving Site Plan Design Review (SPDR) 21- 003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21- 005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

Associate Planner Jake Potter presented the staff report.

VM Bonanno opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND
CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2022-073 finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183

Resolution 2022 -074 approving Site Plan Design Review (SPDR) 21- 003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

6.2 Hearing to authorize negotiation of a Development Agreement with Isabel Portola Owner, LLC for a mixed -use project with residential, office, ATTACHMENT 1
16 CM/75/6 Minutes MAY 9, 2022

and neighborhood -serving commercial uses within the Isabel Neighborhood Specific Plan.

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing staff to enter into negotiations on a Development Agreement (DA 22- 001) with Isabel Portola Owner, LLC to secure development consistent with the Isabel Neighborhood Specific Plan, with final approval
of the Development Agreement subject to City Council review.

Associate Planner Ashley Vera presented the staff report.

VM Bonanno opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING AND
CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-075 authorizing negotiation of terms for a development agreement with Isabel Portola Owner, LLC for a mixed-use development within the Isabel Neighborhood Specific Plan.

6.3 Hearing to determine if the rates charged by Livermore Sanitation, Inc. for solid waste and recycling collection services, effective July 1, 2022, comply with the approved rate methodology and approval of an associated agreement for Rate Year 13.

Recommendation: Staff recommended the City Council:

1. Hold a public hearing

2. Adopt a resolution approving rates listed in Exhibit H of the Second Amended and Restated Agreement for Solid Waste, Recyclable M aterials, and Compostable Materials Services effective July 1, 2022; and

3. Approve an amendment describing the revenues allocated to the rate reserve fund for Rate Year 13.

Public Works Manager Judy Erlandson presented the staff report.

VM Bonanno opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING , SE CONDED BY CM MUNRO AND CARRIED ON A 3 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-076 authorizing an amendment and updating exhibit H of the third amended and restated agreement with Livermore S anitation, Inc. to include rate year thirteen rate adjustments.

ATTACHMENT 1
17 MAY 9, 2022 Minutes CM/75/7

7. MATTERS FOR CONSIDERATION – NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

Fire Negotiation Update City Manager Marc Roberts clarified that Firefighter Local labor group declared impasse and fact finding will occur in two weeks. The City hopes to have resolution soon.

Farmers Market CM Carling noted his attendance on Thursdays with City staff and encouraged residents to come speak with him.

Tri-Valley Non-Profit Alliance CM Carling noted his attendance at the awards ceremony on April 28
th.

Rebecca Bauer-Kahan and Steve Glazer CM Carling noted meeting with local leaders on May 4
th.

Tree Planting Event CM Munro noted her attendance at the event on April 28 th

Cal-Cities Housing Meeting CM Munro noted her attendance at the meeting on April 29
th.

Darshana CM Munro noted her attendance at the Hindu community event on May 1
st.

Axis Community Health CM Munro noted her attendance at the 50 th
anniversary event on May 4th.

Advisory Body Interviews CM Bonanno noted her and CM Kiick’s participation in interviews on May 4
th.

8. ADJOURNMENT – at 8:32 pm in memory of Clay Felicitas to a Special City Council Budget Workshop on May 16, 2022 at 5:00 p.m. at the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
18 ATTACHMENT 2
MAY 16, 2022 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
MAY 16, 2022
________________________________________________________________

SPECIAL WORKSHOP MEETING

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 5:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro

PLEDGE OF ALLEGIANCE

3. SPECIAL MEETING WORKSHOP ITEM

AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL

REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR.

3.1 Proposed Fiscal Year 2021-23 Financial Plan Update
Recommendation: Staff recommended the City Council provide direction regarding the Proposed Fiscal Year 2021-23 Financial Plan Update.

City Manager Marc Roberts and City Engineer Bob Vinn presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

THE CITY COUNCIL RECEIVED THE PRESENTATION AND CONFIRMED STAFF SHOULD RETURN WITH PROPOSED FUTURE AGENDA ITEMS.

8. ADJOURNMENT – at 7:02 pm to a Special City Council Workshop on Monday, May 16, 2022 at 5:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR
19 ATTACHMENT 2
CM/75/2 Minutes MAY 16, 2022
ATTEST:

MARIE WEBER, CITY CLERK
20 MAY 23, 2022 Minutes CM/75/1

MEETING MINUTES
CI

TY COUNCIL
MAY 23, 2022
________________________________________________________________ RE

GULAR MEETING
1 . CALL TO O RDER – T he meeting of th e City Council was called to or der by Mayor Bob Woerner at 7: 00 pm, held via teleconference using Zoom and YouTube.

R
OLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro PLE

DGE OF ALLEGIANCE
M
AYOR WOERNER REORDERED THE AGENDA TO HEAR ITEM 6.4 FIRST. 6 .4 Declaration of Local Emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

R
ecommendation: Staff recommend ed the City Council adopt a resolution ratifying the City Manager's Proclamation finding the existence of a Local Emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

A
ssistant City Manager Christine Martin presented the staff report.

Ma
yor Woerner opened the public comment period.

T
here were no speakers and the public comment period was closed.

THE MOTION OF VM BONANNO , SECONDED BY CM KI ICK AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES:

Res
olution 2022-077 ratified the proclamation of the Director of Emergency Services concerning the existence of a local emergency. 2 . PROCLAMATIONS AND PRESENTATIONS
2 .1 Confirmation of Advisory Body Appointments to the Beautification Committee, Historic Preservation Commission, Library Board of Trustees, Livermore Housing Authority, and the Livermore Area Youth Advisory ATTACHMENT 3
21 CM/75/2 Minutes MAY 23, 2022

Commission.

Recommendation: The City Council Subcommittee on Advisory Bodies recommended the City Council confirm the advisory body appointments for the Beautification Committee, Historic Preservation Commission, Library Board of Trustees, Livermore Housing Authority, and the Livermore Area Youth Advisory Commission and direct the City Clerk to schedule individual meetings with all new members to administer the oath of office.

Beautification Committee

Karen Jefferson to an unexpired term ending June 1, 2023.

Historic Preservation Commission

Donald Smith to an unexpired term ending May 1, 2025

Rick Hanan to a regular term ending May 1, 2026.

Library Board of Trustees

Lainie Pascall to a regular term ending June 1, 2025

Mariana Guzzardo to a regular term ending June 1, 2025

Livermore Housing Authority

Marvin Evans to an unexpired term ending September 1, 2024.Gurprem Singh

Livermore Area Youth Advisory Commission (LAYAC)

Heather Mackey (Adult) to a regular term ending September 1, 2024 Randolph Pico (Youth) to a regular term ending September 1, 2024.

Samaira Grover (Youth) to a regular term ending September 1, 2024.

Guprem Singh (Adult) to a regular term ending September 1, 2024.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF CM MUNRO , SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED T HE APPOINTMENTS

AND DIRECTED THE CITY CLERK TO GIVE THE OATH OF OFFICE AT A FUTURE DATE.

3. CITIZENS FORUM

Mayor Woerner opened the public comment period.

ATTACHMENT 3
22 MAY 23, 2022 Minutes CM/75/3

John Marchand provided a comment.

Tracy Farhad provided a comment.

Karl Wente provided a comment.

There were no more speakers and the public comment period was closed.

4. C ONSENT CALENDAR

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF CM MUNRO, SECONDED B Y CM CARLING , AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.

4.1 Approval of draft minutes - April 25, 2022 Regular Meeting.

Recommendation: Staff recommend ed the City Council approve the draft minutes.

4.2 Resolution 2022-078 authorized the City Manager to execute a First Amendment to the On- Call Engineering Services Agreement with Ruggeri - Jensen-Azar, increasing the contract not - to-exceed amount to $1,200,000 and extending the term of the Agreement for one year.

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing the City Manager to execute a First Amendment to the Engineering Services Agreement with R uggeri-Jensen-Azar for on- call engineering services.

The First Amendment extends the term of the agreement until December 31, 2023, and increases the not -to-exceed contract maximum from $600,000 to a total not-to-exceed of $1,200,000.

4.3 Resolution 2022-079 authorized a Third Amendment to the Agreement for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area with the Livermore Stockmen’s Rodeo Association.

Recommendation: Staff reco mmended the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Agreement for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area with the Livermore Stock men’s Rodeo Association.

4.4 Resolution 2022-080 authorized an appropriation of $2,400,000 of City Affordable Housing Trust Funds for the acquisition, predevelopment, feasibility, and redevelopment of the property located at 2346 Walnut Street for use as a ATTACHMENT 3
23 CM/75/4 Minutes MAY 23, 2022

substance abuse disorder and medication treatment facility and execution of funding agreements and related documents between the City o f Livermore the Housing Consortium of the East Bay (HCEB).

Recommendation: Staff recommended the City Council adopt a resolution:

1. Appropriating up to $2,400,000 of City Affordable Housing Trust Funds to Housing Consortium of the East Bay (HCEB) for acquisition expenses, predevelopment costs and feasibility analysis associated with the purchase and redevelopment of the property located at 2346 Walnut Street.

2. Authorizing the City Manager, or their designee, to execute the Bridge Loan Agreement and all other related documents authorized and described in that agreement.

4.5 Resolution 2022-081 adopted the City of Livermore Salary Pla n as of June 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation: Staff recommend ed the City Council adopt a resolution approving the City of Livermore Salary Plan as of June 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

5. PUBLIC HEARINGS

5.1 Hearing to authorize a Disposition and Development Agreement (DDA) with Shakespeare’s Associates, Inc., including sale of City property for development of a Black Box theater, and authorizing the City Manager to execute the DDA and all related documents necessary to implement the DDA.

Recommendation: Staff recommend ed t he City Council adopt resolutions and direct the following:

1. Declaring that Parcel A of Parcel Map 11239 is exempt from the Surplus Land Act as defined in Government Code Section 54234(a)(1); and

2. Finding that the Disposition and Development Agreement (DDA) with Shakespeare's Associates Inc., attached hereto as Exhibit A, is within the scope of the 2004 Downtown Specific Plan Environmental Impact Report and the 2009 Downtown Specific Plan Subsequent Environmental Impact Report and the addendums adopted by City Council on September 10, 2018 by Resolution 2018- 153, May 13, 2019 by Resolution 2019- 064, and October 26, 2020 by Resolution 2020-178, and authorizing the City Manager to execute the DDA and all documents necessary to implement the DDA.

Assistant City Manager Christine Martin presented the staff report.

Mayor Woerner opened the public hearing.

Lori Souza provided a comment.

Steve Lanza provided a comment.

ATTACHMENT 3
24 MAY 23, 2022 Minutes CM/75/5

Alan Burnham provided a comment.

Tracy Kronzak provided a comment.

David Kent provided a comment.

Mel Chiong provided a comment.

Tracy Farhad provided a comment.

Dawn Argula provided a comment.

Karl Wente provided a comment.

Asa Strout provided a comment.

Jeremy Troupe-Masi provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM KIICK , SECONDED BY VM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTIONS:

Resolution 2022-082 declared that a C ity-owned parcel is exempt surplus land pursuant to Government Code Section 54234(a)(1).

Resolution 2022-083 authorized the execution of a Disposition and Development Agreement with Shakespeare’ s Associates, Inc. for the disposition of City owned property and development of a B lack Box theater (APN 098-0289- 24)

6. MATTERS FOR CONSIDERATION

6.1 Discussion and direction regarding Tri-Valley Conservancy's request for the City of Livermore to sponsor a ballot initiative to protect water quality and agriculture in the South Livermore Valley

Recommendation: Staff recommended the City Council discuss and di rect staff to prepare final language for a ballot initiative to protect water quality and agriculture in the South Livermore Valley.

Senior Planner Andy Ross presented the staff report.

Mayor Woerner opened the public comment period.

Jean King provided a comment.

ATTACHMENT 3
25 CM/75/6 Minutes MAY 23, 2022

Lori Souza provided a comment.

Kevin Baskin provided a comment.

Splend Splendoria provided a comment.

John Marchand provided a comment.

James Folta provided a comment.

Donna Cabanne provided a comment.

Dick Snyder provided a comment.

Tamera Reus provided a comment.

Tracy Farhad provided a comment.

David Epstein provided a comment.

Dawn Argula provided a comment.

Jeremy Troupe-Masi provided a comment.

David Kent provided a comment.

Connie Campbell provided a comment.

Lisa Tromovich provided a comment.

Asa Strout provided a comment.

Karl Wente provided a comment.

There were no more speakers and the public comment period was closed.

THE CITY COUNCIL EXPRESSED SUPPORT FOR THE INITIATIVE AND

INSTRUCTED STAFF TO CLARIFY THE LANGUAGE, CLEAR UP ANY

AMBIGUITY, AND ANSWER THE QUESTIONS RAISED BY RESIDENTS AND STAKEHOLDERS.

6.2 Discussion and direction regarding the Draft 2023 -2031 Housing Element

Recommendation: Staff recommended the City Council provide feedback on the Draft 2023-2031 Housing Element.

Associate Planner Tricia Pontau presented the staff report.

ATTACHMENT 3
26 MAY 23, 2022 Minutes CM/75/7

Mayor Woerner opened the public comment period.

John Marchand provided a comment.

Alan Burnham provided a comment.

Greg Scott provided a comment.

David Kent provided a comment.

Asa Strout provided a comment.

There were no more speakers and the public comment period was closed.

THE CITY COUNCIL RECEIVED THE DRAFT HOUSING ELEMENT AND PROVIDED DIRECTION TO STAFF.

6.3 Resolution authorizing execution of an Amended and Restated Disposition, Development and Loan Agreement ("DDLA") with Eden Housing, Inc. for development of the Downtown Multi -family Housing Site, and authorizing t he City Manager to execute t he documents, agreements and specific authorities described in the DDLA.

Recommendation: Staff recommended City Council adopt resolutions:

1. Declaring that Parcel 1 of Tract Map 8574 (APN 098- 0289-22) is exempt from the Surplus Land Act as defined in Government Code Section54234(a)(1);

2. Finding the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. for Development of the Downtown Multi - family Housing Site (a portion of APN 098- 0289-022-0) is within the scope of the Specific Plan EIR, dated February 9, 2004 (SCH No.: 2003032038), the Specific Plan Subsequent EIR, dated March 30, 2009 (SCH No.: 2008092085), and the Specific Plan Subsequent EIR Addenda adopted by City Council on September 10, 2018 by Resolution 2018- 153, May 13, 2019 by Resolution 2019- 064, and October 26, 2020 by Resolution 2020-178; and

3. Authorizing the City Manager to execute the Amended and Restated Disposition, Development and Loan Agreement, and granting the authority to execute the final documents and agreements referenced in the DDLA, as well as the specific delegations of authority set forth in the DDLA.

Housing Programs Manager Fran Reisner presented the staff report.

Mayor Woerner opened the public comment period.

Don Hokett provided a comment.

Tracy Kronzak provided a comment.

Jim Hutchins provided a comment.

ATTACHMENT 3
27 CM/75/8 Minutes MAY 23, 2022

Kellieessary provided a comment.

Ruby V provided a comment.

Peg Folta provided a comment.

Katie Marcel provided a comment.

Antonio Munoz provided a comment.

Matthew Wardlaw provided a comment.

Jean King provided a comment.

Carol Sin provided a comment.

Tamara Reus provided a comment.

Sblend Splendorio provided a comment.

Lori Souza provided a comment.

Sal Parisi provided a comment.

Greg Scott provided a comment.

Margaretann Fortner provided a comment.

Steve Goodman provided a comment.

Donna Cabanne provided a comment.

Tony Hutter provided a comment.

Tara Hamm provided a comment.

Carol Silva provided a comment.

Jean Braun provided a comment.

David Kent provided a comment.

Alan Burnham provided a comment.

Susan Putnam provided a comment.

Yolanda Fintschenko provided a comment.

Beth Trutner provided a comment.

ATTACHMENT 3
28 MAY 23, 2022 Minutes CM/75/9

Laning Thompson provided a comment.

Martin Espinoza provided a comment.

Mony Nop provided a comment.

Carol Chargin provided a comment.

Dawn Argula provided a comment.

Lisa Tromovitch provided a comment.

Jeremy Troupe-Masi provided a comment.

Kevin McCallum provided a comment.

Helen Machuga provided a comment.

John Marchand provided a comment.

Asa Strout provided a comment.

Maryann Brent provided a comment.

There were no more speakers and the public comment period was closed.

MAYOR WOERNER CONTINUED THE MEETING AT 11:23 PM TO AN
ADJOURNED REGULAR MEETING AT 3:00 PM ON MAY 24, 2022.

ITEM 6.4 WAS REORDERED TO THE BEGINNING OF THE AGENDA

APPROVED:

BOB WOERNER, MAYOR

ATT
EST:

MARIE WEBER, CITY CLERK
ATTACHMENT 3
29 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution authorizing the City Manager to execute an agreement with VirTra Inc. for the purchase of a law enforcement training system in an amount not-to-exceed $260,000

RECOMMENDED ACTION

SUMMARY
Simulation-based law enforcement training systems provide a platform for officers to receive up-to-date instruction on topics that may improve their ability to make well-reasoned decisions under stress and improve outcomes related to law enforcement interactions with the public. Staff is requesting authorization to enter into a contract with VirTra Inc. to purchase a simulation-based law enforcement training system.

DISCUSSION
Law enforcement officers are tasked with dealing with a wide range of issues during their daily activities.

These activities range from repetitive and benign, to tumultuous and life-threatening. Due to the inherent limitations related to the time available for training, police departments are often forced to focus their training on only those situations that have the most extreme risks and liabilities attached to them. These are typically “shoot, don’t shoot” scenarios. However, those scenarios only reflect a small portion of the circumstances officers are likely to face.

VirTra’s patented technologies provide valuable tools to maximize training opportunities. Instead of offering only “shoot, don’t shoot” scenarios, VirTra utilizes a library of scenarios that have, on average, 85 different variable options within each one. The scenarios are interactive and can be changed based upon the decisions made by the officer. This ability to mold outcomes through active decision-making, especially under stress, lends itself to the type of training that is most beneficial to law enforcement officers. The ability to conduct recurring and adaptive training adds to its effectiveness. 30 The VirTra system provides an opportunity for officers to practice realistic scenarios with almost every force option they regularly carry (firearms, Taser, pepper spray, less-lethal kinetic energy launcher systems, etc.). Many of the scenarios can be successfully navigated without any use of force, through the use of appropriate command presence, communication skills, and de-escalation strategies.

In addition to the interactive and immersive scenarios, the system includes a ‘virtual classroom’ curriculum. The system currently provides training and/or scenarios in the following areas:

Active threat/active shooter
Autism response
De-escalation
Dog encounters
Domestic Violence
Emotionally disturbed persons
High-risk entries
Hostage situations
Human factors in force encounters (stress response)
Mental illness response
PTSD/Traumatic brain injury
Red dot optics training
Suicidal subjects
Suspect contacts
Suspicious subject contacts
Tourniquet application under threat
Traffic stops and high-risk traffic stops
Undercover operations

An annual content update is included in the system cost, ensuring that training standards are kept current.

In addition to providing training to peace officers, the VirTra system may be beneficial for training other staff, such as crisis intervention specialists (mental health co-responders) and animal services officers. It could also be used as a public education tool for media representatives, citizens academy participants, advisory groups, etc.

FISCAL AND ADMINISTRATIVE IMPACTS:

The current approved FY 2022-23 budget includes sufficient funding for the purchase of a VirTra V-180 training system. No additional General Fund money will be required.

There are multiple potential cost-offsetting points that could provide benefit from this purchase, such as:

Training ammunition and supplies (i.e., reduced amounts of live firearm ammunition, kinetic energy projectiles, Taser cartridges, etc.)

Due to the unique nature of this product, as outlined in attachment 1 (VirTra sole source letter), this purchase will not be open to the competitive bidding process per LMC 2.68.370(B)(2) (bidding procedure 31 exceptions). In summary, VirTra's use of real video, the Threat Fire training consequence device, Taser specific training cartridges, V-Victa training academy curriculum, V-Author scenario software, and mechanical firearm malfunction capabilities combine to create a training platform that is not offered from other sources.

ATTACHMENTS

1. VirTra Sole Source Letter

2. Resolution

3. Exhibit A - VirTra Agreement

Prepared by: Jason Bogerg
Police Captain

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
32 September 15th , 2021
To Whom it may c
oncern,
For the pur
poses of creating a sole source justification for VirTra Inc’s line of simulators, the following details regarding VirTra Simulators should be considered:

VirTra has been
developing and producing a proprietary simulation system and software using multiple screens and real video for small arms and use of force training since 2001. Based upon our research, VirTra is the only manufacturer of firearms simulation equipment and proprietary software to incorporate real and interactive video seamlessly displayed and fully interactive across all screens at the same time. Video based characters and laser tracking equipment can be engaged and detected on each of the screens of the simulator at the same time or in series of even ts that trigger others to occur on different screens.

In additio
n, VirTra invented the Threat-Fire™ Device and is the only manufacturer of this equipment throughout the world.

VirTra has been awarded a US Patents (#8,016,594, #8,267,691) for the Threat-Fire device and is the only simulator company that can produce or sell any device using electronic impulses to simulate consequences during screen -based simulation training. The Threat Fire device can be added to any and all VirTra simulators after the initial purchase and at a later date.

VirTra has been awarded US Patent #10,438,503, which relates to VirTra’s TASER® cartridge kits. VirTra is the only company in the United States that can produce or sell a specially triggered training cartridge for the TASER line of products by Axon, the global leader in connected public safety technologies. The patent covers VirTra’s proprietary method of reliably triggering the training device based on the unique acoustic sound produced by a TASER Conducted Energy Weapon’s (CEW) electrical arc. This innovation allows trainees to deploy the cartridges from a real TASER CEW during simulation training and avoid high-voltage feedback. It also allows trainees to practice with a TASER CEW’s “ARC” and/or “Re- ARC” functions, which increases the realism of each training session. By using a live CEW while training in VirTra’s simulators, trainees are able to improve their technique and develop proper habits that carry into real world situations. The patent applies to both legacy units and the latest multi-cartridge systems used for the TASER X2 and TASER 7 weapons. “TASER CEWs have been classified as ‘less-lethal’ devices, and as such, require the same type of high quality, judgmental use- of-force simulation training as lethal devices like firearms,” said Lon Bartel Di rector of Training and Curriculum at VirTra. “By combining live TASER CEW and VirTra training cartridges with VirTra’s simulators and library of content, trainees have an opportunity to develop critical decision-making skills when under stress as well as further develop safe weapon handling by practicing the removal and replacement of cartridges during simulations that escalate.” VirTra has been awarded US Patent #10,436,539, which relates to mechanical malfunction of real firearms used in simulation training. VirTra is the only company in the United States that can produce or sell a specially designed kit that affordably converts a live firearm into a safe and reliable training tool that can simulate mechanical malfunction and theref ore increase realism. This patent addresses the growing need to safely, affordably, and accurately reproduce the intricacies of real firearms for training purposes. Patent 10,436,539 expands VirTra’s growing library of intellectual property related to affordably converting real firearms (whether pistol or rifle) into suitable training tools that can be used in realistic simulation training without the expense or hassle of modifying the original firearm.

Research shows that VirTra Inc. is the only manufacturer of simulators to offer an Upgrade Path allowing customers to maintain the value of their simulation equipment while under warranty and apply the full value towards the purchase of more immersive VirTra simulation technology at a later date. Example: A customer purchases a V-180™, system and wants to upgrade to a five-screen system later and while under warranty- the full value of the V180 System will be applied to the purchase price of the V300™, five-screen system and the equipment will be upgraded.

VirTra has c
reated a proprietary software package called V-Author™. The V-Author software allows for the creation of unique training content that can only be used on the VirTra line of simulation equipment. The V-Author software is the only known ATTACHMENT 1
33 software allowing for the creation and display of real video-based assets on multiple, seamless screens where all are interactive. V-Author software and scenarios can be added to any and all VirTra simulators after the initial purchase and at a later date as requested by the customer.

VirTra’s – Virtual Interactive Coursework Training Academy™ (V-VICTA)- delivers a program specifically for law enforcement departments that are designed to Teach, Train, Test and Sustain from an all- in-one solution. This program provides a nationally recognized certified curriculum and interactive virtual coursework that was developed exclusively with nationally recognized partnerships. Combined with VirTra’s simulators, V-VICTA provides law enforcement departments all the necessary tools to instill proper training and knowledge transfer to its students that is not available anywhere else.

For over 25 years, VirTra has been an interactive partner for de-escalation, active shooter, judgmental use of force, situational awareness and firearms training for law enforcement, military, and educational markets. With V -VICTA™, we’ve developed an easy turn-key training program to provide and support law enforcement training programs in an efficient and cost -effective manner.

VirTra has ensured the integration of what the leading science discovers about Simulation and adult learning is woven into all of our material to help maximize the effects of training time and increase abilities learned in the scenarios. Please contact us for information about how to integrate V-VICTA into your department’s training environment.

As of the date of this proposal, VirTra’s V-VICTA includes the following nationally certified courses, totaling 96.5 hours of certified curriculum.
• Contact & Cover Concepts: 3 hours
• Human Factors in Force Encounters: 7 hours
• Injured Officer Handgun Manipulation: 6 hours
• Tourniquet Application under Threat 1&2: 8 hours
• Taser Targeting: 2 hours
• High Risk Vehicle Stop: Communication to Custody: 6.5 hours • Active Threat/Active Killer (ATAK): Basic Principles-(Module 1): 3 hours • Active Threat/Active Killer (ATAK): Basic Principles-(Module 2): 3 hours • Weapon Transitions: 5 hours
• Mental Illness: A Practical Approach: 15 hours
• De-escalation: 4 hours
• EVO (V-DTS Simulator Only): 24 hours
• Special Populations-Autism: 2
• Simulation Science- Foundations of Simulated Event Training: 8 hours

The Advanced Training Certification Course (ATCC) course includes the following accreditation:

Simulation Science: Foundations of Simulated Event Module 1: 19172-1901 Gap Analysis and Troubleshooting: 19175-1904
Fundamentals of V-Marksmanship: 19176-1907
VirTra Advanced V-Marksmanship: 19185-1906

ATTACHMENT 1
34 In summary:

• VirTra Simulators have the exclusive ability to simulate return fire and consequences, with our patented Threat- Fire™ device, delivering electrical impulses to the trainee. • VirTra is the only company in the United States that can produce or sell a specially triggered training cartridge for the TASER line of products by Axon, the global leader in connected public safety technologies. • VirTra is the only company in the United States that can produce or sell a specially designed kit that affordably converts a live firearm into a safe and reliable training tool that can simulate mechanical malfunction and therefore increase realism
• VirTra Simulators seamlessly display real and completely interactive video across all multiple and interconnected screens.
• VirTra Simulators use an automatic ‘table top’ refill station with a liquid compression pump to recharge the liquid C02 propellant used in the tether-less recoil systems. The refill station uses Adapter Plates custom made to fit specific magazines.
• The VirTra V-Author
™ scenario software can only be used on VirTra Simulators. • The VirTra V-VICTA™ coursework offers over 30 hours of nationally approved and certified training curriculum. • VirTra Inc. is the only manufacturer of simulation equipment that offers an Upgrade Path.

VirTra is the only responsive and responsible source for the above-mentioned equipment and capabilities. This statement is supported by market research and exclusively fulfills the needs of the purchaser. VirTra Systems is the only manuf acturer and directly offers the patented Threat-Fire™, the patented VirTra TASER® cartridge kits and mechanical malfunction kit for use in real firearms, V-Author™ scenario software, V-VICTA™ coursework and other products referenced in herein.

V/r,

Scott DiIullo-VirTra Regional Sales Manager
O: 480-968-1488 x5051
[email protected]

ATTACHMENT 1
35 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN
AGREEMENT WITH VIRTRA, INC. IN THE AMOUNT NOT TO EXCEED $260,000 FOR A LAW ENFORCEMENT TRAINING SYSTEM
Training police officers is a critical concern for the management of law enforcement agencies. Effective training ensures officers have the knowledge, skills, and abilities to serve the public in a manner that maintains public trust. The use of technology-based law enforcement training systems enhance a department’s ability to provide meaningful and adaptive training to meet the needs of the officers and the community.

VirTra Inc.’s training system provides an opportunity for officers to practice realistic scenarios under stressful conditions. Officers can utilize and refine their decision-making skills in the low-risk environment of the training system, better preparing them to meet the challenges of their duties.

Per LMC 2.68.360 (B) (2), a sole source justification exists because the goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from VirTra Inc.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that a sole source justification exists for this purchase and the City Manager is authorized to sign, on behalf of the City of Livermore, an agreement with VirTra Inc. in the amount not to exceed $260,000 for a law enforcement training system, attached as Exhibit A.

On motion of Councilmember _____________, seconded by Councilmember ____________________, the foregoing Resolution was passed and adopted on June 27, 2022.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM
_____________________________ /s/ Kelly Trujillo
Marie Webber Kelly Trujillo
City Clerk Assistant City Attorney
Exhibit A - Agreement
36 EXHIBIT A
37 EXHIBIT A
38 EXHIBIT A
39 EXHIBIT A
40 EXHIBIT A
41 EXHIBIT A
42 EXHIBIT A
43 EXHIBIT A
44 EXHIBIT A
45 EXHIBIT A
46 EXHIBIT A
47 EXHIBIT A
48 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolution authorizing the City Manager to execute an agreement with the Alameda County Fire Department (ACFD) to provide dispatch services to the Livermore- Pleasanton Fire Department (LPFD) in an amount not-to-exceed $407,880 for the first year of service

RECOMMENDED ACTION

SUMMARY
After discussions with the City of Livermore (City), the Livermore-Pleasanton Fire Department (LPFD) and Alameda County Fire Department (ACFD), staff is requesting that the City Council authorize the City Manager to sign a five (5)-year agreement with a term from July 1, 2022 to June 30, 2027. The contract is for ACFD to provide Emergency Fire and Medical Dispatch Services utilizing the Alameda County Regional Emergency Communication Center (ACRECC).

DISCUSSION
The Alameda County Regional Emergency Communications Center (ACRECC) has been providing dispatch services to the Livermore-Pleasanton Fire Department for the past ten (10) years. ACRECC is overseen by the Alameda County Fire Department, which is a dependent special district. ACRECC provides dispatch services to all areas adjacent to the City and provides dispatch services to Falck Northern California, the 911 ambulance provider contracted to Alameda County's Exclusive Operating Area. This provides regional communications from a common dispatch center utilizing shared radio channels and allowing for closest unit dispatching.

The five (5) year agreement (Exhibit A) will provide increased public safety through the participation in a 49 regional emergency communications system to the City of Livermore, the Livermore-Pleasanton Fire Department and Alameda County Fire Department (ACFD). Details of the services are as follows:

Fire Dispatch
– ACFD, through ACRECC, will operate and maintain a Computer Aided Dispatch (CAD) systems capable of tracking status of all City resources, entering locations of incidents, alerting fire stations and other pertinent services.

Emergency Medical Dispatch
– ACFD, through ACRECC, shall provide Emergency Medical Dispatch (EMD) Service, in accordance with Medical Priority Dispatch System ("MPDS®") standards, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.

ACFD shall also reply and monitor non-emergency radio traffic from the City twenty-four (24) hours a day.

ACFD shall operate the ACRECC dispatch in conformity with all applicable laws and shall also consider nationally recognized best practices by professional associations.

To ensure the efficiency of the dispatch system, ACFD shall use the ProQA® I AQUA™ software, or other software agreed upon by the parties. In addition, ACFD will perform regular Quality Assurance/Quality Improvement review in accordance with the National Academies of Emergency Dispatch (NAED®) standards.

Alternatives to ACRECC were considered, but no other options were identified that could provide common regional dispatch communications in a fiscally responsible manner.

FISCAL AND ADMINISTRATIVE IMPACT

For the Fiscal Year 2022-23 the cost of this contract is $407,880 (Exhibit B). This is directly based on the total number of calls dispatched by ACRECC and total number of calls dispatched for the City annually in the previous Fiscal Year. Using the same methodology, ACFD will provide to the City an estimated budget no later than April 1 of each next contract year. Thus, the City’s annual dispatch services cost may be higher or lower for the succeeding Fiscal Years covered by the agreement. The City's FY 2022- 23 budget includes sufficient funding for the proposed contract .

ATTACHMENTS

1. Resolution

2. Exhibit A - City of Livermore and Alameda County Fire Department Agreement

3. Exhibit B - FY 2023 Final Budget

Prepared by: Joe Testa
Fire Chief

50 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
51 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A FIVE (5) YEAR

AGREEMENT BETWEEN THE CITY OF LIVERMORE AND ALAMEDA COUNTY FIRE DEPARTMENT FOR DISPATCH SERVICES COMMENCING ON JULY 1, 2022, AND ENDING ON JUNE 30, 2027
The City of Livermore will enter into an agreement with Alameda County Fire Department (“ACFD”), utilizing the Alameda County Regional Emergency Communications Center (“ACRECC”) to provide the City of Livermore (“City”) with Emergency Fire and Medical Dispatch Services, which will bring increased public safety through participation in a regional emergency communication system. The term of the agreement will commence on July 1, 2022, and end on June 30, 2027. For the Fiscal Year 2023 the cost is $407,880, directly based on the total number of calls dispatched by ACRECC for the City from the previous year. The same methodology will be used for the succeeding contract years which may result to a higher or lower amount than the preceding years.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to execute a five year agreement in substantially the same form as the agreement attached hereto as Exhibit A, subject to the City Attorney’s approval as to form, in an amount not to exceed $407,880 for the first year of service between the City of Livermore and the Alameda County Fire Department for Emergency Fire and Medical Dispatch Services. The amount to be paid for service for the first year of the agreement for Fiscal Year 2023 is $407,880, based upon the approved budget from ACFD, attached hereto as Exhibit B, and the amount to be paid for the succeeding contract years is currently estimated in that Exhibit B and will ultimately be determined based on methodology set forth in section 11.1 in the agreement.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on June 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
52 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – City of Livermore and Alameda County Fire Department Agreement Exhibit B – FY2023 Final Budget
53 AGREEMENT BETWEEN

THE CITY OF LIVERMORE
AND

THE ALAMEDA COUNTY FIRE DEPARTMENT

REGARDING THE

REGIONAL EMERGENCY COMMUNICATIONS CENTER
AND

FIRE DISPATCH SERVICES
Final – July 2022

EXHIBIT A
54 AGREEMENT BETWEEN THE CITY OF LIVERMORE AND THE

ALAMEDA COUNTY FIRE DEPARTMENT REGARDING

THE REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE

DISPATCH SERVICES
THIS AGREEMENT is made and entered into by and between the Alameda County Fire District, a dependent fire district formed under the Fire Protection District Law of 1961 (Health and Safety Code Sections 13801 et seq.) and governed by its Board of Directors, hereinafter referred to as ALAMEDA COUNTY FIRE DEPARTMENT ("ACFD") and the CITY OF LIVERMORE ("City"), a municipal corporation, "Parties" collectively, regarding the Alameda County Regional Emergency Communications Center (solely administered and managed by ACFD).

In consideration of the mutual promises contained herein, the parties hereto agree as follows:

SECTION 1 -DEFINITIONS AND ACRONYMS

ACFD "ACFD" means the Alameda County Fire District (also known as the Alameda County Fire Department), or any successor organization or successor governmental entity.

Authorized
Representative
"Authorized Representative" means the person authorized by the ACFD or the City to act on behalf of AFCD or City on all issues pertaining to services provided under this Agreement.

Board of Directors "Board of Directors" means the Board of Directors of the Alameda County Fire Department and governing body of the ACFD.

ACRECC "ACRECC" means Alameda County Regional Emergency Communications Center which is solely administered and managed by ACFD.

City "City" means the City of Livermore.

City Council "City Council" means the City Council of the City of Livermore.

City Manager "City Manager" means the City Manager of the City of Livermore.

Designee Designee means the person authorized by the Fire Chief or the City Manager to act on their behalf in connection with this Agreement.

County "County" means the County of Alameda.

Fire Chief "Fire Chief" means the chief executive officer of the ACFD.

Fiscal Year "Fiscal Year" means the annual period commencing on July 1 and ending June

30. Dispatch Specific
Terminology
Dispatch specific terminology used in this Agreement shall be used in a manner consistent with the definitions published by the National Fire Protection Association (NFPA) as it may exist from time to time.

EXHIBIT A
55 3

SECTION 2 - TERM

This Agreement is for the provision of emergency fire and medical dispatch services for a five-year period, commencing, July 1, 2022, and continuing through June 30, 2027, unless earlier terminated in accordance with the provisions of Section 10 of this Ag reement. The Agreement may be extended for an additional five (5) year period, upon mutual written agreement between CITY and ACFD.

SECTION 3 - SCOPE OF SERVICES

ACFD utilizing the ACRECC shall provide to City and be fully responsible for the following services.

3.1 Dispatch General Service Criteria and Guidelines

3.1.1 ACFD utilizing the ACRECC shall provide all dispatch services identified below to all areas within the incorporated limits of the City and areas outside the City when City is providing mutual aid in areas covered by ACFD.

3.1.2 ACFD shall operate the ACRECC dispatch center in accordance with all applicable laws and National Fire Protection Association® (NFPA) Codes and Standards. ACFD shall also consider nationally recognized standa rds of best practices established by professional associations (e.g.: Association of Public Safety Communications Officials, and National Emergency Number Association), and recommendations of the ACRECC Advisory Board.

3.1.3 ACFD shall maintain continuous accre ditation as an Accredited Cen ter of Excellence (ACE) by the National Academies of Emergency Dispatch (NAED®).

3.1.4 ACFD shall utilize appropriate radio systems for dispatch communications at ACRECC.

3.1.5 ACFD utilizing the ACRECC shall receive and respond twenty -four hours a day, three hundred and sixty-five days per year all 911 calls for fire, rescue, hazardous materials and emergency medical calls, etc. for the CITY.

3.1.6 ACFD utilizing the ACRECC shall monitor and reply twenty-four hours a day to all emergency radio traffic from the City. This includes the recall of off dut y personnel, making notifications to Command Staff, calling for mutual aid assistance, notifying utility companies, and notifying other Public Safet y Organizations, and other notifications as required in CITY fire department policies and procedures.

ACRECC staff shall take direction from CITY designated fire Command Staff.

3.1.7 ACFD utilizing the ACRECC shall monitor and reply to all non-emergency radio traffic from the CITY twenty-four hours a day. This shall include companies in service for work details and training and companies in and out of service status.

3.1.8 ACFD utilizing the ACRECC will provide a high level of customer service to the City in accordance with the City's customer service philosophies.

3.1.9 ACFD utilizing the ACRECC will provide agreed upon dispatch services in accordance with current CITY fire department policies and procedures on record with ACRECC

EXHIBIT A
56 4

as amended from time to time.

3.2 Fire Dispatch
During the term of this Agreement:

3.2.1 For fire dispatch, ACFD through ACRECC will operate and maintain a Computer- Aided Dispatch (CAD) system that is capable of:

3.2.1.1 Tracking the status of all City resources.

3.2.1.2 Entering locations of incidents by street address, intersection, common place name, or latitude/longitude coordinates.

3.2.1.3 Alerting fire stations of new incidents by voice and radio announcement.

3.2.1.4 Entering in pertinent information related to active incidents.

3.2.1.5 Ensuring that all systems and electronic interfaces are maintained and working.

3.2.2 ACFD utilizing the ACRECC will utilize the following radio systems for unit -to dispatch communications:

3.2.2.1 Alameda County 800 MHz Trunked Radio System

3.2.2.2 Lawrence Livermore Laboratory 400 MHz Trunked Radio System

3.2.2.3 VHF Mutual Aid frequencies

3.2.3. Fire and other non -medical emergencies shall be answered using State dispatch standards (currently within 15 seconds 95% of the time) and dispatched within 60 seconds 90% of the time in accordance with the agreed upon standard of cover and fire department policies and procedures on record with ACRECC.

3.3 Emergency Medical Dispatch

ACFD through ACRECC shall provide Emergency Medical Dispatch (EMD ) Service, in accordance with Medical Priority Dispatch System ("MPDS®") standards, twenty-four hours a day, three hundred and sixty-five days per year.

3.3.1 For EMD dispatch, ACFD shall operate and maintain a Computer-Aided Dispatch (CAD) system capable of:

3.3.1.1 Tracking the status of all fire agency resources.

3.3.1.2 Entering locations of incidents by street address, intersecti on, c ommon place name, or latitude/longitude coordinates.

3.3.1.3 Alerting fire stations of new incidents by voice and/or radio announcement.

3.3.1.4 Entering pertinent information related to active incidents.

EXHIBIT A
57 5

3.3.1.5 Ensuring that all systems and electronic interfaces are maintained and working.

3.3.1.6 Tracking all dropped calls by time elapsed before the call was dropped.

3.3.1.7 Tracking all calls placed on hold, including the amount of time the caller is kept on hold.

3.3.1.8 Tracking calls for which First Responder Advanced Life Support (FRALS) and/or ambulances are sent to an incorrect location including cause if known and if call results in a late response.

3.3.2 ACFD shall adhere to the following the National Academies of Emergency Dispatch (NAED®) standards:

3.3.2.1 Every 9-1-1 call for medical assistance received by ACRECC will receive the appropriate EMD in accordance with NAED® and MPDS® standards.

3.3.2.2 All dispatchers shall be certified in EMD by the NAED® before he/she completes the initial training program and shall maintain certification for the duration of his/her employment. If a dispatcher certification expires, that dispatcher may not perform the duties of an EMD until the certification has been renewed.

3.3.2.3 Pre-Arrival Instructions (PAIs) shall be given to the caller based on the outcome of the EMD protocol.

3.3.2.4 Patient updates, including updates to MPDS® determinants, shall be given to all County contracted ambulance providers responding to the scene.

3.3.2.5 FRALS units responding via ACRECC dispatch shall receive patient updates on the designated FRALS channel(s). FRALS units not responding via ACRECC dispatch may receive updates on the ACRECC designated channel.

3.3.3 ACFD shall operate and maintain 9-1-1 telephony equipment in accordance with all State, Federal, and industry standard guidelines.

3.3.3.1 Emergency Medical 9 -1-1 shall be answered using State dispatch standards (currently within 15 seconds 95% of the time) . Calls placed on hold and not re-answered within the initial 10 second limit shall not be considered compliant.

Exception: Should the workload of the dispatch center require it, the EMD shall apply the "emergency rule" and temporarily suspend the provision of PAIs.

3.3.3.2 Emergency medical 9-1-l calls shall be processed from the time the location is verified until the recommended units are notified in 60 seconds or less 90% of the time. Exception One: A call requiring the use of translation services.

Exception Two: Should the workload of the dispatch center require it, the EMD shall apply the "emergency rule" and temporarily suspend the provision of PAIs.

SECTION 4 - QUALITY IMPROVEMENT

EXHIBIT A
58 6

4.1 ACFD shall use ProQA® I AQUA™ software, or other software agreed upon in writing by the Parties, to perform regular Quality Assurance / Quality Improvement review in accordance with NAED® standards.

SECTION 5 - REQUIRED REPORTS AND ANCILLARY SERVICES

5.1 Within 30 calendar days’ time after and upon request by the CITY, ACFD shall submit reports to CITY on the following:

5.1.1 Summary Report - Includes total number of medical calls and Communication Center Protocol Compliance Report.

5.1.2 Calls by Event Type - Includes total number of dispatched calls utilizing the EMD/ProQA system.

5.1.3 Total Calls Dispatched by Responding Agency.

5.1.4 Dispatch Time Analysis.

5.1.5 Dispatch compliance with call-taking and dispatching goals in this Agreement.

5.2 ACFD shall inform the CITY designated fire Command Staff of any and all substantial complaints regarding the provision of services under this agreemen t by ACFD utilizing ACRECC through submission of an Unusual Occurrence Report to City designated fir e Command Staff within ten (10) business days of receipt of a complaint.

5.3 ACFD shall reasonably accommodate requests for service from the City designated fire Command Staff. Requests for service which are not included within the scope of this Agreement shall be provided by ACRECC subject to mutual agreement by Fire Chief and City Manager or his/her designee.

SECTION 6-FACILITY LOCATION/PERSONNEL REQUIREMENTS

6.1 The ACRECC dispatch center is located within the Lawrence Li vermore National Laboratory and may be relocated as approved by the ACFD after consultation with the ACRECC Advisory Board.

6.2 ACFD shall ensure all Emergency Medical Dispatchers maintain continuous certification in Advanced Emergency Medical Dispatch by the NAED®.

6.3 ACFD shall ensure all Emergency Medical Dispatchers provide medical dispatch services utilizing the MPDS®.

6.4 ACFD shall provide Emergency Medical Dispatchers training in the use of ProQA ® dispatch software.

6.5 All individuals employed at ACRECC are employees of ACFD. CITY shall not be liable for the payment of any salary, wages, benefits or other compensation to ACFD's personnel performing services hereunder. AFCD shall be responsible for wages, worker's compensation and other benefits.

EXHIBIT A
59 7

ACFD will identify the total number of fulltime employees (FTE’s) allocated to ACRECC annually during the budget development process. In the absence of dispatch supervisors, qualified and trained personnel, meeting all requirements of this Agreement, working “out-of-class” (acting) will be used.

ACFD shall consult with CITY designated fire Command Staff if i t intends to change A CRECC staffing within any given fiscal year.

SECTION 7 - ADMINISTRATION

7.1 Liaison from ACFD to CITY

7.1.1 The Fire Chief and City Manager are authorized representatives of ACFD and City respectively for purposes of administration of this Agreement

The Fire Chief, or designee, and City Manager, or designee, shall meet as needed to discuss issues pertaining to:

7.1.1.1. Budget

7.1.1.2. Operational issues, including changes to service delivery

7.1.1.3. Technical issues related to information technology and system components; and

7.1.2.4 Dispatch operational issues related to field unit reporting and system status management

7.2 Records

7.2.1 ACFD shall provide to CITY all financial and other records reasonably requested by the City Manager or designee related to this Agreement and operation of the ACRECC by ACFD. Records shall be in a form sufficient to enable CITY to meet its reporting obligations.

7.2.2 It is understood by CITY and ACFD that the ACFD will continue the current practice of a yearly independent audit of ACFD's financial performance. ACFD shall provide such audit reports to the City Manager or designee within thirty (30) business days of completion of the audit.

SECTION 8 - ACRECC ADVISORY BOARD AND OTHER COMMITTEES

8.1 The purpose of the CITY’s participation with the ACRECC Advisory Board shall be to:

8.1.1 Review the ACRECC Strategic Plan, Annual Plan and Budget and provide advisory comments to ACFD.

8.1.2 Identify opportunities for improvement of services based on best practices.

8.1.3 Adhere to the most current version of the Advisory Board By laws, as amended by the

EXHIBIT A
60 8

Advisory Board from time to time, including payment of any amount determined to be the CITY’s financial responsibility under the cost allocation formula set by the Advisory Board, pursuant to the Bylaws.

8.1.4 Notwithstanding any other provision in this agreement, CITY acknowledges that the ACRECC Advisory Board is not a separate legal entity, and its sole purpose is to advise ACFD in connection with the ACRECC.

8.1.5. The guidelines for the operation of ACRECC are ACFD’s Official Action Guidelines, which may be amended from time to time and shall be provided to City upon request.

8.2 CITY shall be entitled to one representative on the ACRECC Advisory Board.

8.3 ACFD shall utilize quality improvement structures as described in the MPDS®.

8.3.1 Operations Committee:

The City Manager or designee shall attend the Operations Committee meeting.

8.3.2 QI team - Internal QI review between EMD manager and EMD-Q's.

8.3.3 Dispatch Review meetings (MDRC)- ACFD shall attend meetings quarterly or as scheduled with compliance and quality managers from other dispatch centers within the County to discuss dispatch policies and other issues as appropriate.

8.3.4 ACFD shall create other committees as appropriate or required.

SECTION 9 - BREACH OF CONTRACT

9.1 Material Breach by ACFD

9.1.1 Acts or omissions that shall constitute a material breach by ACFD include:

9.1.1.1 Failure to maintain continuous NAED® Accreditation. (see 10. 4)

9.1.1.2 Failure to meet contract compliance regarding employee certifications.

9.1.1.3 Failure of ACFD to provide services under this Agreement in substantial compliance with the requirements of the terms and c onditions of thi s Agreement, applicable Federal and State, laws, rules, and regulation s. Minor deviations from such requirements shall not consti tute a material breach.

9.1.1.4 Falsification of data supplied to CITY during the course of operations , including but not limited to dispatch data, patient report data, re sponse time data, financial data, or falsification of any other data required under the Agreement.

9.1.1.5 Failure to maintain equipment in accordance with the requirements of this Agreement.

9.2 Notice and Cure of Material Breach

9.2.1 CITY shall give ACFD written notice, in accordance with Section 15, setting forth

EXHIBIT A
61 9

with reasonable specificity the nature of a material brea ch.

9.2.2 ACFD shall have the right to cure the material breach within ten (10 ) business days of receipt of notice. Within five (5) business days of receipt of a material breach notice, ACFD shall deliver to CITY, in writing, a plan of action to cure the material breach or its reasons for disputing CITY's claim of a ma terial breach.

9.2.3 If the material breach, by its nature, cannot reasonably be cured within ten (10) business days, ACFD may request additional days to complete the cure of the breach. Such a request by ACFD shall not be unreasonably denied by CITY.

9.3 CITY Remedies

9.3.l CITY shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) business days or additional time granted by CITY.

9.3.2 CITY's remedies for any breach are non-cumulative and in addition to any other remedy available to CITY under this Agreemen t.

9.4 Material Breach by CITY and ACFD Remedies

9.4.1 ACFD shall give CITY written notice, pursuant to Section 15, setting forth with reasonable specificity the nature of a material breach.

9.4.2 Acts or omissions that shall constitute a material breach by CITY include the failure to make timely payment of undisputed amounts under the terms of this Agreement or uncured violations of any other material provision in this Agreement. Within five (5) business days of receipt of a material breach notice, City shall deliver to ACFD, in writing, a plan of action to cure the material breach or its reasons for disputing ACFD's claim of a material breach.

9.4.3 CITY shall have the right to cure the material breach within ten (10) business days of receipt of notice. If the material breach, by its nature, cannot reasonably be cured within ten (10) business days, CITY may request additional days to complete the cure of the breach. Such a request by CITY shall not be unreasonably denied by ACFD.

9.4.4 ACFD shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) business days or additional time granted by ACFD.

9.4.5 ACFD's remedies for any breach are non-cumulative and in addition to any other remedy available to ACFD under this Agreement.

SECTION 10 - ADMINISTRATIVE PROVISIONS

10.1 Continuous Service Delivery

ACFD agrees that there is a public health and safety obligation to assist CITY in every effort

EXHIBIT A
62 10

to ensure uninterrupted and continuous service delivery in the event of a material breach, even if ACFD disagrees with the alleged determination of material breach. Accordingly, ACFD will continue to provide services under this Agreement during any dispute resolution process.

Additionally, in the event the Agreement terminated for any reason, ACFD shall cooperate with CITY in its transition to a new s ervice provider.

10.2 ACFD Station No. 8

During the term of this contract, Alameda County Fire Station No. 8 located at 1617 College Avenue in Livermore shall be utilized for non-fire suppression activities and services. The City agrees to provide fire, EMS and related requests for services to those areas identified by the ACFD/LPFD mutual and automatic aid agreement. Any alterations to this provision shall be by mutual consent.

10.3 Dispute Resolution

10.3.1 In the event that either party disputes any provision or interpretation of or performance under this Agreement or contends there has been a material breach of the Agreement, the parties shall meet to attempt to resolve the dispute. Disputes not resolved at the City Manager and Fire Chief (or his/her designee) level may be escalated by giving written notice to the other party of the need to proceed with mediation. It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible.

10.3.2 Within ten (10) business days from the effective date, pursuant to Section 15, of written notice from one party to the other indicating that a dispute is to be mediated, the parties shall mutually select one person who shall mediate the dispute. The parties should select a qualified professional with expertise in the subject matter of the dispute. If the parties are unable to mutually agree upon a mediator within fourteen (14) business days following the notice, the parties shall each designate one person as a mediator within twenty (20) business days following the notice .

10.3.3 These two designated mediators shall mutually select a third mediator (also a qualified professional with expertise in the subject of the dispute) within twenty (20) business days of the notice. The one selected mediator shall mediate the dispute.

The mediation shall be completed within thirty (30) business days of the appointment of the mediator. The mediation shall be conducted in accordance with the discretion of the mediator. However, if the mediator is unable to resolve the dispute within thirty (30) business days and the parties do not agree to an extension of time, the mediator shall submit specific and written recommendations for full resolution of the dispute within ten (10) business days thereafter. The parties shall consider the written recommendations of the mediator.

10.3.4 The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or gr anted to either party by the mediator for good cause shown.

10.4 Termination

10.4.1. This Agreement may be terminated early upon mutual agreement of the parties.

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63 11

10.4.2 Notwithstanding section 10.4.1, this Agreement may be terminated early upon twelve months advance written notice to the ACFD from the CITY.

10.5 Termination for Cause

If either party fails to cure any material breach, following notice and opportunity to cure, either party, upon written notice to the other, may terminate this Agreement for cause. The termination shall be effective not less than 90 days from the date of the notice or such longer time as determined by the CITY.

10.6 Termination for Non-Allocation of Funds

The terms of this Agreement and the services to be provided and paid for under this Agreement, are contingent upon the appropriation of funds by the governing bodies of the respective parties in each fiscal year. Should sufficient funds not be allocated: (1) the services provided may be modified upon the parties mutual written agreement; or (2) this Agreement may be terminated upon twelve months advance written notice by City to ACFD.

SECTION 11 - COST OF SERVICES

11.1 Operating Budget

11.1.1 For purposes of budgeting for the cost of services to be provided hereunder the Fire Chief shall prepare and submit a budget for the succeeding one or two fiscal years to the City Manager in accordance with the City's budget instructions and required deadlines. The p roposed annual budget will generally be presented in a format consistent with Exhibit A (FY 2022 -23 ACRECC Budget) or another format pursuant to direction by the Advisory Board.

11.1.2 Prior to April 1 of each contract year ACFD shall provide City with an estimate of the cost for services in the next contract year. The estima te shall be based on the City's proportion of the total the number of dispatch events in the previous year (July 1 to June 30) multiplied by the ACRECC total operating costs minus the revenue paid to ACRECC from the Alameda County EMS Agency and the ambulance transport provider for services provided on their behalf.

11.1.3 The cost of services is directly based on the total number of calls dispatched by ACRECC and total numbers of calls dispatched for the City annually. City's Annual dispatch cost may be lower or higher depending on the number of calls for service in the previous fiscal year.

11.2 Capital Requirements

11.2.1 The Fire Chief will make capital improvement project recommendations to the ACRECC Advisory board during the annual budget process. The ACRECC annual capital improvement project fund contribution amount will be based on the fixed asset replacement schedule prepared by ACFD. The City shall pay their portion annual capital improvement project fund contribution in the amount established during the annual budget

EXHIBIT A
64 12

process.

11.3 Management of Budget

In accordance with the expenditures authorized by the ACRECC budget, the Fire Chief shall be responsible for managing the ACRECC budget to keep dispatch expenditures within the amount budgeted. If during the year, the Fire Chief believes that the approved ACRECCC budget is insufficient in any respect to ensure the provision of service at the service levels required by this Agreement, the Fire Chief shall immediately inform the City Manager/designee in writing specifying the budgetary deficiency.

An annual budget shall be presented by the Fire Chief to the City Manager prior to April 1 and shall be adopted no later than June 1 of each year. At the discretion of the Fire Chief a multi - year budget may be adopted, thereby eliminating the requirements of annual presentation and adoption during the term of such multi -year budget.

The Fire Chief shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the subject, particularly section 6505 of the California Government Code. All of the funds shall be strictly accounted for.

The Fire Chief or his designee shall receive and disburse funds only in accordance with County of Ala meda accounting, financial, and procurement procedures and in conformity with applicable law. The Fire Chief or designee shall have the authority to expend funds which have been approved in the budget.

The Fire Chief shall have the authority to levy a cash assessment upon a determination that it is necessary to meet the ACRECC obligations. All cash assessments shall be determined and payable in accordance with the "Payment of Services" section.

Cost Allocation: The basis of the Center's financial responsibility shall be shared and shall be proportionate to the number of dispatch events annually based on the previous fiscal year. For the purposes of calculating dispatch events the period of calculation will be from July 1 to June 30 of the previous fiscal year. The City will provide sufficient funds to cover their proportionate share in advance to reimburse ACFD for costs incurred in performance of the work described in this Agreement, and ACFD will have no obligation to perform in the absence of adequate advance funds. ACFD will initially invoice the City for ninety (90) days in advance on a monthly basis. Payment will be made dire ctly to the ACFD. Upon termination, any funds for dispatch services after the date of termination will be refunded by ACFD to the City.

The total costs allocated to the jurisdictions utilizing the cost per call methodology will be the ACRECC total operating costs minus the revenue paid to ACRECC from the Alameda County EMS Agency and the ambulance transport provider for services provided on their behalf. This assumed revenue will be in accordance with the Alameda County EMS and the a mbulance transport provider established contract for service amounts.

SECTION 12 - COMPENSATION FOR SERVICES

12.1 City Payment

The City shall pay ACFD the actual cost incurred by ACFD for pro viding any and all services to be provided to the City under this Agreement which may be more or less than the amount set

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forth in the annual estimated cost described in section 1 1 above. Actual cost shall be limited to the elements of operating cost described in section 11 ab ove.

12.2 Quarterly Expenditure Report

No later than 45 days following the end of each quarter, and upon request, ACFD shall deliver to the ACRECC Advisory Board a report setting forth the actual costs incurred by ACRECC in the performance of dispatch services during the preceding quarter.

12.3 Method of Billing and Payment

ACFD will invoice the City on a monthly basis, 90 days in advance , and the City will pay ACFD the undisputed amounts of the invoice within 30 days of receipt of the monthl y invoice.

Billing disputes shall be subject to the dispute resolution process set forth in Section 10.3.

SECTION 13 - INDEMNIFICATION

13.1 Mutual Indemnification

Except as otherwise specifically provided in this Agreement or any attachment hereto, ACFD, shall defend, indemnify, and hold harmless the City, its elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property of whatever kind or nature , including consequential damages, based or asserted upon any act or omission of or purported act of omission of ACFD, their elected or appointe d officials, officers or employees in connection with or arising out of the performance by ACFD and its elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality.

Except as otherwise specifically provided in this Agreement or any attachment hereto, the City shall defend, indemnify, and hold harmless the ACFD, their elected and appo inted officials , officers, and employees free and harmless from any and all claims for damag e or injury to persons or property of whatever kind of nature, including consequential damages, based or asserted upon any act or omission of or purported act of omission of City, its elected or appointed officials, officers or employees in connection with or arising out of the performance by City and its elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality of a City ordinance.

The indemnity obligations of t his Section 13 shall survive the expiration or earlier termination of this Agreement.

SECTION 14 - INSURANCE

14.1 General and Auto Liability

ACFD shall maintain general and auto liability insurance, including bodily injury and property damage, with a single combined liability limit of not less than $10 million insuring all liability of County, including ACFD and its authorized representatives arising out of and in connection with the provision of service by ACFD under this Agreement, including the use and/or occupancy of City owned equipment, apparatus, real property and premises.

EXHIBIT A
66 14

The City shall be named as an additional insure d and the policy shall contain cross liability endorsements. An endorsement shall be provided which states that the County coverage is the primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss under this coverage. ACFD, on its own or through the County, may self - insure to these limits of coverage. ACFD shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

The City shall maintain general and auto liabilit y insurance, including bodily injury and property damage, with a single combined liability limit of not less than $10 million insuring all liability of the City and its authorized representative arising out of and in connection with the provision of service by City under this Agreement, including the use and/or occupancy of City owned equipment, apparatus, real property and premises.

The ACFD shall be named as an additional insured and the policy shall contain cross liability endorsements. An endorsement shall be provided which states that the City coverage is the primary insurance and that no other insurance effected by the County or ACFD will be called upon to contribute to a loss under this coverage. The City may selfinsure to these limits of coverage. The City shall furnish ACFD with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the ACFD. The ACFD reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

EXHIBIT A
67 15

SECTION 15 - NOTICES

All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

To: City of Livermore
1052 South Livermore Ave.

Livermore, CA 94550
To: ACFD
6363 Clark Ave
Dublin, CA 94568

EXHIBIT A
68 16

SECTION 16 - RELATIONSHIP BETWEEN THE PARTIES

ACFD is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or contractors, including any negligent acts or omissions. ACFD is not City's agent and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to ACFD. ACFD is not an officer or employee of City, and shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. ACFD shall be solely responsible for providing to, or on behalf of, its employees all legally required employee compensation and benefits.

SECTION 17 - NO THIRD PARTY BENEFICIARIES

This Agreement shall not be construed as, or deemed to be, for the benefit of any third party; and no third party shall have any right of action under this Agreement.

SECTION 18 - COMPLIANCE WITH LAW

ACFD shall comply with all applicable legal requirements including all federal, state, and local laws in the performance of this Agreement.

SECTION 19 - HEADINGS

The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

SECTION 20 - SEVERABILITY

If any term of this Agreement (including any phrase, provision, covenant, or conditi on) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.

SECTION 21- CHANGES TO AGREEMENT

Any changes to the Agreement shall be made mutually in writing by both parties.

SECTION 22 - ENTIRE AGREEMENT

This Agreement, including all documents incorporated herein by reference, comprise s the entire integrated understanding between the parties concerning the services described herein. Thi s Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

SECTION 23 - GOVERNING LAW

The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

SECTION 24 - COUNTERPARTS

EXHIBIT A
69 17

This Agreement may be executed in counterparts , each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement.

SECTION 25 - SIGNATORY

IN WITNESS WHEREOF, the City, by resolution or ordinance duly adopted by its City Council, has approved the execution of this contract by its mayor, and the ACFD Fire Chief, has authorized the execution of this contract by the President of the Board of Directors of the Alameda County Fire Department, this day of , 2022.

ALAMEDA COUNTY FIRE DISTRICT, a Dependent Fire District

By: ____________________________ Date: ____________________________ William McDonald, Fire Chief

Approved as to form:

Donna R. Ziegler, County Counsel

By: ___________________________
Kathy Lee, Deputy County Counsel

EXHIBIT A
70 18

ADOPTED BY:

CITY OF LIVERMORE, a Municipal Corporation

By: ________________________________
Marianna Marysheva, City Manager

Attest: ____________________________
Marie Weber, City Clerk

Approved as to form:
_________________________
Jason Alcala, City Attorney

EXHIBIT A
71 EXPENDITURE DESCRIPTION
FY 2021-22

PROPOSED
BUDGET
FY 2022-23

PROPOSED
BUDGET
$ %
Personnel Costs $8,270,511 $8,383,962 $113,451 1.4%
Assumed 3.25% pay increase on 7/1/2022;

4.5% health premium cost increase on
1/1/2023; overtime increase is based on FY
21-22 budget with pay rate increase
Services & Supplies $216,453 $222,537 $6,084 2.8%
Due to restoring staff out of county trainings
back to pre-COVID level
Information Technology $1,135,235 $1,192,614 $57,379 5.1% Based on new IT Services Contract with DNI Facilities $143,763 $143,763 $0 0.0%
County Overhead/Liability $277,011 $263,803 ($13,208) -4.8% Based on County preliminary allocation Annual CIP Contribution $250,000 $250,000 $0 0.0%
Fixed Assets $810,265 $939,920 $129,655 16.0%
Based on new IT HAAS Services Contract
with DNI
Total Proposed Budget $11,103,238 $11,396,599 $293,361 2.6% AGENCY FY 19-20 FY 20-21 2022-23 COST PER CALL
Call # Call # $ %
EMS 85,648 83,793 $3,808,987 $3,931,255 $122,268 3.21%
Falck 145,281 142,626 -1.83% $3,254,456 $3,390,391 $135,935 4.18% Fee for Services Contracts 230,929 226,419 $7,063,443 $7,321,646 ACFD 43,683 42,714 -2.22% $2,012,110 $2,028,428 $16,318 0.81% $46.78 City of Alameda 7,473 7,244 -3.06% $343,845 $340,465 ($3,380) -0.98% $47.00 City of Fremont 16,083 15,694 -2.42% $749,728 $752,905 $3,177 0.42% $47.01 LAP 14,461 14,411 -0.35% $670,361 $686,115 $15,754 2.35% $47.01 Camp Parks 1,500 1,500 0.00% $110,908 $113,118 $2,210 1.99% $74.35 ACRECC Members
Subtotal 83,200 81,563 -1.97% $3,886,952 $3,921,031 $34,079 0.88% Total Allocated Budget 323,567 307,982 -4.82% $10,950,395 $11,242,677 $292,282 2.67% Contingency $15,000 $15,000 $0
Radio as Services $137,843 $138,922 $1,079 0.78%
Total Proposed Budget $11,103,238 $11,396,599
2022-23 BUDGET SUMMARY
2022-23 BUDGET ALLOCATION
2022-23

PROPOSED
BUDGET
2021-22

PROPOSED
BUDGET
%
Change

VARIANCE

VARIANCE
Comment
G:\ADMIN\FINANCIAL\Finance Team\FY 2022-23\FY 2022-23 Budget - County\ACRECC BUDMASTER_FY 22-23 Date Printed: 3/7/2022 3:45 PM

EXHIBIT B
72 %
Increase
$
Increase
FY 2021-22
Adopted
Budget w/o
Radio
Services
Contract
FY 2022-23
Proposed
Budget w/o
Radio
Services
Contract
%
Increase
FY 2021-22
Radio
Serivces
Contract
FY 2022-23
Radio
Serivces
Contract
FY 2021-22
Adopted
Budget with
Radio
Services
Contract
FY 2022-23
Proposed
Budget with
Radio
Services
Contract
%
Increase
FY 19-20 FY 20-21 FY 21-22 FY 22-23
EMS 85,648 83,793 -2.17% $3,808,987 $3,931,255 3.21% $3,808,987 $3,931,255 3.21% Falck** 145,281 142,626 -1.83% $3,254,456 $3,390,391 4.18% $35,734 $37,521 $3,290,190 $3,427,912 4.19% ACFD 43,683 42,714 -2.22% $45.40 $46.78 $1.38 $2,012,110 $2,028,428 0.81% $9,757 $12,699 $2,021,867 $2,041,127 0.95% City of Alameda 7,473 7,244 -3.06% $45.62 $47.00 $1.38 $343,845 $340,465 -0.98% $31,987 $30,806 $375,832 $371,271 -1.21% City of Fremont*** 16,083 15,694 -2.42% $45.62 $47.01 $1.39 $749,728 $752,905 0.42% $29,363 $26,078 $779,091 $778,983 -0.01% Camp Parks 1,500 1,500 0.00% $110,908 $113,118 1.99% $10,482 $11,914 $121,390 $125,032 3.00% LPFD**** 14,461 14,411 -0.35% $670,361 $686,115 2.35% $20,518 $19,902 $690,879 $706,017 2.19% City of Livermore 8,160 8,358 2.43% $45.62 $47.01 $1.39 $380,109 $397,929 4.69% $10,259 $9,951 $390,368 $407,880 4.49% City of Pleasanton 6,231 6,053 -2.86% $45.62 $47.01 $1.39 $290,252 $288,186 -0.71% $10,259 $9,951 $300,511 $298,137 -0.79% Total $10,950,395 $11,242,677 $137,841 $138,920 $11,088,236 $11,381,597 **Falck's FY 22-23 firm fixed price contract amount is $3,427,912, $99,527 start-up and related reoccuring cost is excluded from the table. ***Fremont's budget includes 4 extra untis of MDC.
****The split between Livermore and Pleasanton is based on actual call volume in FY 20-21 within each City only (58%/42%) Radio service contract cost is allocated based on radio count (50/50) for FY 22-23.

Call #
Cost Per Call -
Excluding Agency
Specifics
* Cost per call varies due to # of pagers and # of firewalls for Locution printers each agency has. Cost per call has been adjusted to exclude pager and agency specific costs.

Camp Parks has 1 firewall and LPFD has 10 units
G:\ADMIN\FINANCIAL\Finance Team\FY 2022-23\FY 2022-23 Budget - County\ACRECC BUDMASTER_FY 22-23 3/7/2022

EXHIBIT B
73 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) between the City of Livermore, City of Dublin, and City of Pleasanton for the execution of an update to the 2011 Eastern Alameda County Human Services Needs Assessment.

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution:

1 .

Authorizing the City Manager, or her designee, to execute the Memorandum of Understanding (MOU) and all other related documents authorized and described in the MOU.

SUMMARY
In September of 2002, the cities of Livermore and Pleasanton contracted with ICF Consulting, Inc. to conduct a Human Services Needs Assessment for the Tri-Valley. In 2003, the Needs Assessment was completed and used in the Tri-Valley to identify and fill service gaps and as a tool for non-profit agencies to leverage funding when applying for County, State, and Federal grants.

In November of 2010, the cities of Livermore and Pleasanton contracted with Resource Development Associates (RDA) to conduct the 2011 Eastern Alameda County Human Services Needs Assessment, for similar purposes as the 2003 assessment.

Updating the Eastern Alameda County 2011 Human Services Needs Assessment aligns with the City Council’s Homeless and Affordable Housing FY 2021-2023 goal of Regional Advocacy. The updated Needs Assessment will also assist the Human Services Commission to set future priorities for Community Block Grant Funding (CDBG).

DISCUSSION
74 Partnering with the Cities of Pleasanton and Dublin, staff created a Request for Proposals to obtain qualified consultants to coordinate and complete an update to the 2011 Eastern Alameda County Human Services Needs Assessment. A Request for Proposals was completed and made available publicly on February 1, 2022. A total of two proposals were submitted to the City of Pleasanton for consideration:

• JSI Research & Training Institute, Inc.
• Resource Development Associates.

Staff from each city (Livermore, Pleasanton, and Dublin) served on the selection committee. Both firms were provided in-person interviews in mid-April. The selection committee recommends JSI Research & Training Institute, Inc. JSI proved to be knowledgeable about the Tri-Valley, with a strong understanding of the unique human services challenges.

JSI’s approach to community outreach and desire to work with stakeholders coincides with the approach the three cities have successfully used on other projects. JSI also showed a strong desire to develop and share a narrative of Tri-Valley human service needs and was able to demonstrate their commitment to using a multitude of health and human service datasets beyond the 2020 Census to provide a more in- depth Eastern Alameda County Human Services Needs Assessment.

FISCAL AND ADMINISTRATIVE IMPACTS

The City of Pleasanton will act as the fiduciary agent and will enter into a Professional Services Agreement (Exhibit A) with JSI Research & Training Institute, Inc. for a term of two years, at a cost that will not exceed $234,467, including a 15 percent contingency.

The Cities of Livermore, Pleasanton, and Dublin will share the cost of the Eastern Alameda County Human Services Needs Assessment. The middle column shows the shared contribution, using no contingency funds. The final cost could be up to $78,155 for the City of Livermore, if expenditure of contingency funding is necessary. Cost will be shared as follows:

City
Base Contribution
Total Contribution With
Contingency
Dublin
$67,962
$78,155
Livermore
$67,962
$78,155
Pleasanton
$67,961
$78,157
Total Project Cost
$203,885
$234,467

Funding for this project is included in the Housing and Human Services program budget for FY 2022- 2023.

ATTACHMENTS

1. Resolution

2. Exhibit A - MOU

Prepared by: Josh Thurman
Human Services Program Manager

75 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
76 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY OF LIVERMORE TO ENTER INTO AN

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LIVERMORE,

CITY OF DUBLIN, AND CITY OF PLEASANTON FOR THE EXECUTION OF AN UPDATE TO THE 2011 EASTERN ALAMEDA COUNTY HUMAN SERVICES NEEDS

ASSESSMENT
In September of 2002, the cities of Livermore and Pleasanton contracted with ICF Consulting, Inc. to conduct a Human Services Needs Assessment for the Tri-Valley. In 2003, the Needs Assessment was completed and used in the Tri-Valley to identify and fill service gaps, and used as a tool for non-profit agencies to leverage funding when applying for County, State, and Federal grants.

Partnering with the Cities of Pleasanton and Dublin, staff created a Request for Proposals to obtain qualified consultants to coordinate and complete an update to the 2011 Eastern Alameda County Human Services Needs Assessment. A Request for Proposals was completed and made available publicly on February 1, 2022. A total of two proposals were submitted to the City of Pleasanton for consideration:
 JSI Research & Training Institute, Inc.
 Resource Development Associates.

JSI’s approach to community outreach and desire to work with stakeholders coincides with the cities’ approach. JSI also showed a strong desire to share a narrative of Tri-Valley human service’s needs and was also able to demonstrate their commitment to using a multitude of health and human service datasets beyond the 2020 Census to provide a more in-depth Eastern Alameda County Human Services Needs Assessment. 77 RESOLUTION NO. ________
BE IT RESOLVED by the City Council of the City of Livermore, AS FOLLOWS:

1. The City Council authorizes the City Manager to sign in substantially the same form as the copy attached as Exhibit A and incorporated by this reference, a Memorandum of Understanding between the City of Livermore, City of Dublin, and City of Pleasanton for the execution of an update to the 2011 Eastern Alameda County Human Services Needs Assessment.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the Memorandum of Understanding.

On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on June 27, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Tara Mazzanti Marie Weber Tara Mazzanti City Clerk Assistant City Attorney
Exhibit A - Memorandum of Understanding
78 1
ME

MORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE CITY OF PLEASANTON
AND

THE CITY OF DUBLIN
AND

THE CITY OF LIVERMORE
FOR EXECUTION OF AN UPDATE TO THE 2011 EASTERN ALAMEDA COUNTY

HUMAN SERVICES NEEDS ASSESSMENT
Thi
s Memorandum of Understanding (MOU) is entered into as of July 1, 2022, between the City of Pleasanton, the City of Dublin, and the City of Livermore.

REC
ITALS
a. Th
e City of Dublin, City of Livermore, and the City of Pleasanton desire to collaborate on the execution of an update to the 2011 Eastern Alameda County Human Services Needs Assessment. b. Th
e City of Dublin, City of Livermore, and the City of Pleasanton desire to enter into this MOU to clarify the responsibilities of all parties in regards to the execution of an update to the 2011 Eastern Alameda County Human Services Needs Assessment.

NO
W, THEREFORE, in consideration of the promises herein, the parties agree as follows:

1. Th
e City of Dublin, City of Livermore, and the City of Pleasanton agrees to retain JSI Research and Training Institute, Inc. (Consultant) to develop the Update to the 2011 Eastern Alameda County Human Services Needs Assessment.

2. The
City of Pleasanton will act as the fiduciary agent and engage the Consultant in a Professional Service Agreement for a term of two years, at a cost that will not exceed $234,467.00. The Professional Services Agreement is attached to this MOU as Exhibit A, in substantially the same form as what will be fully executed by the City of Pleasanton and the Consultant.

3. The
amount to be paid by each city is to be divided as follows:

City Base Contribution Total Contribution using
100% of Contingency
Dublin $67,962 $78,155
Livermore $67,962 $78,155
Pleasanton $67,961 $78,157
Total Project Cost $203,885 $234,467
2022-282 JLH/TMM

EXHIBIT A
79 2

4. The City of Pleasanton will bill the City of Dublin and the City of Livermore a not to exceed amount of $78,155, their respective share of the project cost, by December 31, 2024. The City of Dublin and the City of Livermore agrees to pay the City of Pleasanton within 30 days of receiving an invoice from the City of Pleasanton.

5. In the event that the contract with Consultant is terminated, or the City of Pleasanton no longer wishes to serve as the fiduciary agent, all unspent funds received by the City of Pleasanton will be returned to the City of Dublin and the City of Livermore based upon the proportion paid by each.

6. The term of this MOU is from July 1, 2022 through June 30, 2024. If the contract with Consultant is extended, this MOU is automatically so extended.

7. Any amendments to the contract with Consultant as to term, cost, or scope of work must be agreed to by the City of Dublin, the City of Livermore, and the City of Pleasanton. No party will authorize the Consultant to exceed the contracted costs without the consent of all three cities.

8. Should any of the cities engage the Consultant to initiate a specific task unique to their city, the financial obligation and project management for that specific task will be the sole responsibility of that city and will not be covered under this MOU or the contract with Consultant described in Section 2, above.

9. Project management for the Joint Eastern Alameda County Human Services Needs Assessment will be shared by staff from the City of Dublin, City of Livermore, and the City of Pleasanton.

Staff will work collaboratively to ensure that project timelines are met and project deliverables are met.

10. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

11. This MOU constitutes the entire understanding of the parties.

THIS MOU executed the date and year first above written.

CITY OF PLEASANTON CITY OF DUBLIN CITY OF LIVERMORE

________________________ ______________________ _____________________________ Gerry Beaudin, City Manager Linda Smith, City Manager Marianna Marysheva, City Manager

ATTEST: A TTEST: ATTEST:

______________________ ______________________ ________________________ Jocelyn Kwong, City Clerk Marsha Moore , City Clerk Marie Weber, City Clerk

2022-282 JLH/TMM

EXHIBIT A
80 3

APPROVED AS TO FORM APPROVED AS TO FORM APPROVED AS TO FORM:

________________________ ______________________ ________________________ Dan Sodergren, City Attorney John Bakker, City Attorney Jason Alcala, City Attorney

Exhibit A – Professional Services Agreement

Exhibit B – Consultant’s Scope of Work
2022-282 JLH/TMM

EXHIBIT A
81 1 | Page

EXHIBIT A
PRO

FESSIONAL SERVICES AGREEMENT
TH
IS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 1 day of July 2022, between the CITY OF PLEASANTON, a municipal corporation (“City”), and JSI Research and Training Institute, Inc., a public health and research firm, whose address is 2080 Addison Street #4, Berkeley, CA, 94704, and telephone number is (415) 400- 0020, (“Consultant”).

RECI
TALS
A. Cons
ultant is qualified to and experienced in providing public health research and consulting for the purposes specified in this Agreement.

B. Ci
ty finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.

NOW
THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. C
onsultant’s Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A.

2. C
ity Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A.

3. T
erms. This Agreement shall commence on the date written above and shall expire on June 30, 2024. The Agreement may be administratively extended by mutual agreement of the parties if needed to complete the services.

4. Com
pensation. City shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $234,467.
a. Invoi
ces submitted to City must contain a brief description of work performed, time used and City reference number. Payment shall be made within thirty (30) days of receipt of Consultant’s invoice and approved by City.
2022-282 JLH/TMM

EXHIBIT A
82 2 | Page

b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

5. Sufficiency of Consultant’s Work. All work product and all other documents prepared by Consultant shall be adequate and sufficient to meet the purposes for which they are prepared.

6. Ownership of Work. All work product and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

7. Changes. City may request changes in the scope of services to be provided by Consultant.

Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

8. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

9. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

10. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

11. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City’s acceptance of the 2022-282 JLH/TMM

EXHIBIT A
83 3 | Page

insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph.

12. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:

a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.

b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.

c. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all of Consultant’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.

c. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.

d. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.

e. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.

f. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions.

2022-282 JLH/TMM

EXHIBIT A
84 4 | Page

g. Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.

13. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: JSI Research and Training Institute To City: City Manager 2080 Addison Street #4 City of Pleasanton
Berkeley, CA 94704 P.O. Box 520
Attn: ______________ Pleasanton, CA 94566

14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

15. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.

17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.

19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

20. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

2022-282 JLH/TMM

EXHIBIT A
85 5 | Page

21. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.

22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

23. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

24. Scope of Agreement. This writing constitutes the entire Agreement between the parties.

Any modification to the Agreement shall be in writing and signed by both parties.

THIS AGREEMENT executed the date and year first above written.

CITY OF PLEASANTON CONSULTANT

__________________________ By: __________________________ Gerry Beaudin, City Manager Signature

ATTEST: __________________________
Print name
__________________________
Jocelyn Kwong, City Clerk Its: __________________________ Title

APPROVED AS TO FORM: {two signatures required for corporation}

__________________________
Daniel G. Sodergren, City Attorney By: __________________________ Signature

Rev. 5/22 __________________________
Print name

Its: __________________________
Title

2022-282 JLH/TMM

EXHIBIT A
86 Proposal for Eastern Alameda County Human
Services Needs Assessment - JSI Amendment
May 3, 2022
In response to the stated needs of Tri-Valley Leadership, we have adapted our original proposal to include the following:

1. Timeline and Qualitative Approach Updates:
a. The timeline has been adjusted to 15 months (approximately mid-July 2022 through mid- October 2023). This additional time will enable the Project Team to expand the qualitative data collection process and ensure varied and vital perspectives are engaged throughout the process. This includes four added Commission meetings to gather input from the Commissioners of each city. The Project Team and Steering committee will attend one Joint Committee meeting at the beginning of the project period to allow for public comments on the intention, work plan, and goals of the Needs Assessment process. We will attend three separate City meetings once the Needs Assessment report is drafted. b. We will plan to attend six City Council meetings, two for each city. The first meeting will take place in Phase 1 to inform Council and community members about the process. The second meeting will take place during Phase 3 before the cumulative data analysis. c. We will convene two additional meetings with a group of 7-8 nonprofits that work collaboratively with Tri-County to meet the needs of the community. The first meeting will be a focus group interview completed during qualitative data collection (Phase 3). The second meeting will take place in the report generation phase of the project (Phase 4) to solicit feedback on themes from the data analysis and review draft recommendations for feasibility.
d. We have built in time for two drafts of the report and two opportunities to integrate feedback and revisions from advisors, Commissioners, City Council, and the community at large before producing the final report. We have noted that the final report will need to have a clear narrative that Tri-Valley leaders can use to engage policymakers.

2. The Stakeholder Advisory Committee: Based on feedback from City leaders, we have expanded the committee to 7-10 participants. This may grow slightly should there be a need to add more perspectives to the committee; however, we recommend a committee with a maximum of 12 members to allow for a balance of input and forward momentum.

The committee will also include a member of the Alameda County staff in order to build relationships, increase transparency, and identify opportunities for County collaboration and support around Tri-Valley needs.

Exhibit B
2022-282 JLH/TMM

EXHIBIT A
87 Please see the updated high level timeline, detailed timeline with deliverables and corresponding budget below.

High-Level Timeline
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
88 Detailed Timeline
Phase 1- Project Management and Coordination / Establish Timelines and Schedules (July - August 2022)
Task Specific Activities Timeline
Kick-off Meetings
(~ 2 meetings needed)
● Review equity framework
● Confirm scope of work and approach.

Establish project timelines, milestones and
schedule
● Identify and Onboard community representative
for Steering Committee
● Establish communication plan
● Develop schedule for meetings between Project
Team and Steering Committee
● Develop information gathering outreach plan
● Identify potential SAC participants
● Identify dates or time frame for City Council meetings for each city ( 6 total), and Commision meetings (4
total)
Deliverable: Project Work Plan, Timeline, and Scope of Services July 2022
Community Meetings Scheduling
(between meetings)
● Present proposed schedule for community and
stakeholder meetings
● Present proposed schedule for publicly noticed City
and Commissioner meetings
Deliverable: Schedule for community and stakeholder
meetings, schedule for public noticed City meetings
August 2022
Joint Commission Meeting ● Introduction to the project, work plan, approach and intent to reinvigorate the Needs Assessment
process
TBD - Proposed
August/Septemb
er 2022
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
89 Phase 2 - Quantitative Data Collection
(September - October 2022)
Task Specific Activities Timeline
If not scheduled previously,
attend Commission meeting
● Introduction to the project, work plan, approach and
intent to reinvigorate the Needs Assessment process
September 2022
2 - Data Review, Collection,
Identify Themes (Phase 2)
● Review, collect and analyze quantitative data outlined in detail above
● Review the impacts of public policy and economic
events on needs and service delivery. This should
include how the changing federal, state and county
priorities and guidelines impact resources, impacts of
the pandemic, shift in private and public funding
streams, and the economic growth on needs, services
and infrastructure.

Deliverable: Itemized description of existing human services currently being offered in the Tri-Valley. Summary of
potential problems, gaps, areas of overlap, strengths and weaknesses.

September 2022
Monthly Steering Committee
Meeting
● Work plan review
● Discuss ongoing data collection tasks
● Confirmation and orientation of SAC
October 2022
Phase 3 - Stakeholder Advisory Committee (SAC) and Qualitative Data Collection (November 2022- May 2023)
Task Specific Activities Timeline
Stakeholder Advisory Committee
Onboarding
● Establish and coordinate a Stakeholder Advisory
Committee (SAC). Composed of Tri-Valley human
service recipients, individuals with lived experiences, Tri-Valley Human Services City Commissioners,
advocates, social service agencies, Alameda County
November 2022
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
90 and local nonprofits
Monthly Steering Committee
Meeting
● Work plan review
● Phase 2 deliverable review
● SAC committee planning
● Outreach to community partners
November 2022
Stakeholder and Steering
Committee Joint Meeting
● Facilitation training for SAC
● Confirm outreach plan for information gathering
● Review interview and key informant tools and schedule December 2022
Focus Group and Key Informant
Interviews
● Manage the tools necessary to collect community
input and data
December 2022 -
May 2023
Public Meetings including
City Council Meetings
● Engage the communities, lead and facilitate
community meetings, focus groups, stakeholder
meetings and service providers
● Attend, lead and facilitate City Council,
Commission and community meetings in all
three Cities.
● Complete 15 Key Informant Interviews and 10 focus
groups (3 per city)
● 3 City Council Meetings (1 for each city)
December 2022 -
May 2023
SAC Meeting #3 ● Assess progress of informant interviews, focus groups, and outreach meetings. Troubleshoot any
issues
● Review data and themes collected thus far, identify
potential gaps in qualitative data collection plan
Deliverable: SAC Summary Report with findings from the SAC discussions and meetings, Outreach Summary Report with
findings from all public meetings. details of attendees and comments received at each presentation.

April 2023
Monthly Steering Committee
Meetings
● Deliverable review and feedback
● Work plan updates
December - May
2023
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
91 Phase 4 - Complete Data Analysis and Peer Review
(June- August 2023)
Task Specific Activities Timeline
Monthly Steering Committee
Meetings
● Deliverable review and feedback
● Work plan review
● Discuss scheduling for presentation of draft reports
June - August
2023
Data Analysis ● Identify and interview Tri-Valley human service providers to further clarify human service and
infrastructure needs including local non-profit
organizations
● Analyze existing Tri-Valley human services
including needs and gap areas
● Identify where residents needing access to services
reside in the Tri-Valley
● Analyze all applicable data (federal, state and local) ● Identify funding sources including; local, county,
state, federal and private funding
● Compare information from the 2011 Eastern
Alameda County Human Services Needs Assessment
and provide a comprehensive inventory of programs
being provided in the Tri-Valley region to identify
change/improvements in service delivery and
infrastructure
● Prepare forecasts and key trends for Tri-Valley human service and infrastructure needs
● Articulate themes through the analysis process
into goals, strategies and implementation plans.

Deliverable: Provide estimated short term (2 - 5 year) and longer (10 year) term human service needs (services and infrastructure) and key trends for the Tri-Valley. Include potential funding partners/sources.

June 2023 -
August 2023
Peer review ● Review findings with non-profit organizations supporting Tri-Valley area
● Evaluate and compare human
service/infrastructure delivery models and policies
June - August
2023
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
92 for similar areas in the greater San Francisco Bay
Area and potentially beyond if necessary (utilize
what others are doing to use an example to inform
recommendations- where we can also highlight the
relationships we have with the different
cities/counties)
Deliverable: Peer Review Report.

Public Meetings including
City Council Meetings and
Commission Meetings
● Engage the communities, lead and facilitate
community meetings, focus groups, stakeholder
meetings and service providers
● Present themes and initial findings from draft
report to City Councils (one in each city), and
Commission (one in each city)
June - August
2023
Stakeholder Advisory Committee
Meeting #4
● Review findings and discuss communication plans August 2023 Phase 5- Recommendations and Implementation Plans
(September - October 2023)
Task Specific Activities Timeline
Monthly Steering Committee
Meetings
● Review findings and finalize implementation and
communication plans
● Establish schedule for presentation of reports
Sept 2023
Recommendations and
Implementation Plans
● Describe Tri-Valley human service needs for the
next five to 10 years
● Provide final recommendations that address
comprehensive research and analysis
● Provide recommendations for innovative changes
to human service delivery model(s)
● Develop goals, strategies, implementation plans and
potential partners and package these findings into a
final report; one report combines all three Cities as a region and one each for the Cities of Dublin,
Livermore and Pleasanton, including; - Ranking
October 2023
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
93 human service needs/gap areas in priority order -
● Providing human service needs/gaps as well as
infrastructure needs in each plan -Identifying
associated costs for needs/gaps -Identifying potential
funding opportunities
● As part of the final report, issue an executive
summary that includes statistics and trends
addressing human service needs in the Tri-Valley in
the present and in the future (2030)
Deliverable: Final report including recommendations and implementation plans, human services “service” needs/gap implementation plan for each City, human services
“infrastructure” needs/gap implementation plan for each City, Tri-Valley regional implementation plan
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
94 Budget
Personnel
Staff Position
Budgeted
hours
Rate per
hour Total
Becky Reno Project Director/Data Lead 384 $150.00 $57,600 Corina Pinto Data Lead 359 $120.00 $43,080
Deanna Lewis Project Manager/Community Engagement 399 $120.00 $47,880 Project Associate - TBD Administrative Support 339 $90.00 $30,510 Total JSI Staff Fees $179,070
Subcontractors
Pleasanton Community Representative Community Engagement Interviews Activities 53 $50 $2,650 Dublin Community Representative Community Engagement Interviews Activities 53 $50 $2,650 Livermore Community Representative Community Engagement Interviews Activities 53 $50 $2,650 Community Representative Undecided location Community Engagement Interviews Activities 53 $50 $2,650 Total Subcontractor Fees $10,600
Total Professional Fees $189,670
Other Direct Costs
Incentives $6,315
Recruitment Materials/Campaign $1,000
Meals/Snacks for Community Meetings ($20) $1,900
Translation Services (10 cents per word) $1,000
Travel (20 trips) $1,000
Honorariums for SAC and Steering Committee ($500) 3,000 Total Estimated Project Budget $203,885
Exhibit B
2022-282 JLH/TMM

EXHIBIT A
95 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving the Memorandum of Understanding (Labor Agreement) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters Local 1974 for the term of January 1, 2022 through June 30, 2025, and appropriating $901,852 from the General Fund Unallocated Reserves to fund the Fiscal Year 2022-23 costs

RECOMMENDED ACTION

SUMMARY
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Power Authority (LPFD JPA) and the International Association of Firefighters Local 1974 (IAFF) expired on December 31, 2021.

On July 14, 2021, representatives from the cities of Livermore, Pleasanton, and IAFF began the meet and confer process regarding terms and conditions of employment to endeavor to reach agreement for a successor MOU. The parties met thirteen (13) times and had one (1) mediation session but were unable to reach an agreement.

On March 1, 2022, IAFF formally declared impasse and on March 24, 2022, filed a fact-finding request which resulted in a neutral fact-finder presiding over a fact-finding session between the parties on May 23, 2022.

On May 27, 2022, the neutral fact-finder held a mediation session between the parties. During that mediation the staff representing LPFD JPA and IAFF reached a settlement for an overall tentative 96 agreement, subject to City Council approval and IAFF member ratification, on terms and conditions of employment as set forth in Attachment 1 - Redlined Memorandum of Understanding.

On June 18, 2022, IAFF Union membership ratified the tentative agreement.

DISCUSSION
The International Association of Firefighters, Local 1974 (IAFF) currently represents a total of 108 sworn fire personnel, which includes 102 suppression and six prevention employees. In accordance with the agreement between the cities of Livermore and Pleasanton creating the Livermore-Pleasanton Fire Department (LPFD), the Joint Powers Authority Board and the City Councils of Livermore and Pleasanton are the appropriate agencies to approve labor agreements with employees covered by the bargaining unit.

The following is a summary of the proposed substantive changes to the previous IAFF MOU which expired on December 30, 2021.

1. Term of Agreement:

The term of the proposed agreement is three and a half years with an expiration date of June 30, 2025.

2. General Wages Increase:

First year: 5.5% (effective the first full pay period after Union ratification) Effective the first pay period on or after January 1, 2023: 3.5% Effective the first pay period on or after January 1, 2024: 3% Effective the first pay period on or after January 1, 2025: 1%

3. Paramedic Premium:

Increase the paramedic premium from 8% to 10% of an employee's base pay.

4. Paramedics of Rank:

Increase Paramedic of Rank pay to 4% of top step firefighter effective the first full pay period after Union ratification. Paramedics of Rank are Livermore-Pleasanton Fire Department Engineers and Captains who have maintained a paramedic certification and can be assigned to serve as Company Paramedics when necessary. When assigned as a paramedic, these employees will receive 10% paramedic premium, and not the additional Paramedic of Rank pay.

5. Drug Testing Policy:

Adopt and implement a comprehensive drug testing policy.

6. Zipper Clause:

Adopt a Zipper Clause that states, "Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU."

7. Short Term Staffing Policy:

The parties have agreed that additional qualified personnel may be used to staff short term vacancies on a non-overtime basis.

8. Bilingual Pay:

Creation of a bilingual pay incentive at $45 per pay period.

9. Educational Incentive:

AA/AS Degree: Increase from $75/month to $100/month
97 BA/BS Degree: Increase from $125/month to $150/month Create an educational incentive for possessing a Masters/PhD for $175/month

10. Long Term Disability Pay:

Increase maximum contribution to $29.50 per month (currently covers 100% of benefit) and pay for premium increases during term of MOU (capped at $40 per month).

11. Retiree Medical:

Implement a $25 minimum monthly contribution for retiree health and medical benefits effective January 1, 2024.

12. General Order 100.01:

Elimination of Union sign off on General Orders.

13. General order 100.02:

Elimination of meet and confer
requirement
over proposed changes to
management rights.

14. Clean Slate:

IAFF will withdraw all outstanding and/or pending grievances.

FISCAL AND ADMINISTRTAIVE IMPACTS

The financial impact to the Livermore-Pleasanton Fire Department budget as a result of implementing the successor Memorandum of Understanding is approximately $6.572 million over the term of the agreement. The cost is shared by the cities of Livermore and Pleasanton. Livermore's share is approximately $3.286 million over the term of the agreement. Livermore's share of the additional costs associated with the Memorandum of Understanding for FY 2022-23 is approximately $901,852, which is requested to be appropriated from the Livermore General Fund Unallocated Reserves for this agreement. All subsequent fiscal impacts for the City's share of the cost for salaries and benefits in the Memorandum of Understanding will be incorporated in future operating budgets.

ATTACHMENTS

1. Redlined Memorandum of Understanding

2. Resolution

3. Exhibit A - Memorandum of Understanding between LPFD and IAFF, Local 1974 for the Fire Employees Unit

Prepared by: Kristen Hilton
Senior Human Resource Analyst

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
98 Livermore-Pleasanton Fire Department Joint Powers
Authority
and
The International Association of Fire Fighters, Local 1974,

AFL-CIO-CLC

MEMORANDUM
OF

UNDERSTANDING
JANUARY 1, 2022 – JUNE 30, 2025JULY 1, 2018 –
DECEMBER 31, 2021
ATTACHMENT 1
99 ii
Table of Contents
Section 1. Recognition ......................................................................................................................................................... 1 Section 2. Union Security .................................................................................................................................................... 1 Section 3. No Discrimination .............................................................................................................................................. 4 Section 4. Union Representatives ....................................................................................................................................... 4 Section 5. Salaries ................................................................................................................................................................ 5 Section 6. Hours of Work, Shift & Station Assignments .................................................................................................. 8 Section 7. Overtime ........................................................................................................................................................... 10 Section 8. Department Related Court Time .................................................................................................................... 12 Section 9. Holiday Pay ...................................................................................................................................................... 13 Section 10. Documentation Regarding Organized Mess .................................................................................................. 13 Section 11. Fire Prevention Certificate Pay ..................................................................................................................... 14 Section 12. Paramedic Program and Compensation ........................................................................................................ 14 Section 13. Vacations........................................................................................................................................................... 16 Section 14. Sick Leave ......................................................................................................................................................... 18 Section 15. Leaves ................................................................................................................................................................ 20 Section 16. Health and Welfare .......................................................................................................................................... 23 Section 17. Retirement ........................................................................................................................................................ 30 Section 18. Fire Inspectors .................................................................................................................................................. 31 Section 19. Uniforms ........................................................................................................................................................... 31 Section 20. Credit Union ..................................................................................................................................................... 32 Section 21. Tuition Reimbursement ................................................................................................................................... 32 Section 22. Probationary Period ........................................................................................................................................ 34 ATTACHMENT 1
100
iii
Section 23. Promotion, Demotion and Long-Term Acting Assignments ....................................................................... 35 Section 24. Resignation, Reinstatement and Layoff ......................................................................................................... 36 Section 25. Discipline........................................................................................................................................................... 37 Section 26. Grievances ........................................................................................................................................................ 38 Section 27. Medical Examination ....................................................................................................................................... 40 Section 28. Outside Employment ....................................................................................................................................... 41 Section 29. Disability Accommodations ............................................................................................................................ 41 Section 30. Miscellaneous ................................................................................................................. .................................. 42 Section 31. Hazardous Material Response Team ............................................................................................................. 43 Section 32. Separability of Provisions ................................................................................................................................ 44 Section 33. Existing Memorandum of Understanding ..................................................................................................... 45 Appendix A 46
Salary Schedules .................................................................................................................................................................. 46 Appendix B 51
Catastrophic Leave Policy .................................................................................................................................................... 51 Appendix C 52
Grievance Review Board Procedures .................................................................................................................................. 52

Appendix D…………………………………………………………………………………………………………………….52

General Order 200.01 Staffing Policy…………………………………………………………………………………......5 2

Appendix E 60

Substance Testing Policy……………………………………………………………………………………………………...6 0

ATTACHMENT 1
101
iv

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ATTACHMENT 1
102
1 The City of Livermore and the City of Pleasanton have jointly form ed the Livermore-Pleasanton Fire Department Joint Powers Authority (“JPA”) to ope rate the Livermore-Pleasanton Fire Department (“LPFD” or “Department”). The International Association of Fire Fighters, Local 1974, AFL-CIO-CLC (“Union”), and representatives of the City of Livermore and the City of Pleasanton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit specified in Section 1, and have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (“MOU”) is entered into pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Government Code Section 3500, et. seq.) and has been jointly prepared by the parties.

This MOU has been presented to the JPA’s governing board and to the City Councils of the City of Livermore and the City of Pleasanton. The governi ng board and the City Councils have approved the salary and employee benefit adjustments for the period commencing January 1, 2022 and ending on June 30th 2025July 1, 2018 and ending December 31, 2021.

The City of Pleasanton (“City” or “Employer”) is the employer of all employees represented by the Union and covered by this MOU. “Employees” as used in this MOU shall mean employees of the City.

Section 1. Recognition

"The Union" is the formally recognized employee organization for the Fire Employees Unit comprised of the classifications of Firefighter, Fire Engineer, Fire Captain, Fire Inspector and Hazardous Materials Inspector certified pursuant to the Employer-Employee Relations Procedures & Resolution No. 97-1 adopted by the JPA on November 21, 1997.

Section 2. Union Security

2.1 Dues Deduction

A. Bargaining unit employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (herei nafter collectively “dues deductions”). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.

B. The Employer agrees to deduct from the payc hecks of each bargaining unit employee who voluntarily authorizes dues deductions as ce rtified by the Union, or pursuant to an authorization form tendered to the Employer by either the Uni on or the employee. The City shall deduct from each bargaining unit employee’s paycheck the total amount of dues certified by the Union per month or per pay period as ap plicable. The Employer shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the officer designated in writing by the President of the Union as the person authorized to receive such funds.

ATTACHMENT 1
103
2 The Employer will implement any change to a bargaining unit employee’s payroll deductions during the first full pay period following notification of such change by the Union.

If a bargaining unit employees desires to revoke, cancel or change their prior dues deduction authorization, the Employer shall direct the employee to the Union. Any such dues deduction revocation, cancellation and/or change shall be effective only when submitted by the Union to the Employer and is subject to the terms and conditions set fo rth in the original payroll deduction/authorization.

C. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized. When an employee is in a non-pay status for an entire pay period, no withho lding will be made to cover that pay period from future earnings. In the cas e of an employee who is in a non-pay status during only part of the pay period, and the salary is not suffic ient to cover the full withholding, no deduction shall be made. Thus all other legal and required deductions have priority over union dues. In addition, in order to meet certain accounting deadlines, all payroll changes connected with the deduction of union dues must be made by the fifteenth (15) of the preceding month.

D. The Union shall indemnify, defend, and hold th e City harmless against any and all claims, demands, suits, proceedings or court orders, or a ny other liability that may arise out of or by reason of action taken or not taken by the Li vermore-Pleasanton Fire Department for the purpose of complying with any of the provisions of this check-off agreement. In addition, the Union shall refund to the Live rmore-Pleasanton Fire Departme nt any amounts paid to it in error upon presentation of supporting evidence. However, the Un ion shall not be required to make reimbursements should discovery of the e rror occur twenty-four ( 24) months after the occurrence of the error.

2.2 Communication with Employees

A. New Employee Orientation Meetings

This provision applies to all new employees hired into the Fire Employees Unit and is intended to comply with the provisions of AB119.

1. The City will provide the Union with not less than ten (10) calendar days’ advance written notice of the time, date and lo cation of all new employee orie ntation meetings, unless an urgent and unforeseeable need for a new employee orientation meeting precludes the City from providing the Union with ten (10) calendar days’ advance notice. Notice will be made by way of email to the Union President and Vice President.

2. The Union will be given up to thirty (30) minutes as part of the new employee orientation meetings to present Union membership information to new employees of the Fire Employees Unit.

3. The Union representatives who will present information at the new employee orientation meetings may do so while on duty and in uni form, provided the Union notifies the Fire Chief of the names of the employees who will be presenting information on behalf of the ATTACHMENT 1
104
3 Union at the new employee orient ation meeting with at least five (5) days advance notice and the Fire Chief has agreed that the em ployees’ participation will not create an unreasonable burden on operations.

4. The above provisions shall in no way impact or delay the hire of any employee.

B. Information Requirements

1. The City will provide the Union with a digita l file via email to the Union President and Vice President containing the following info rmation for each employee in the Fire Employees Unit to the extent the Department has the information on file:

 Name
 Job title
 Work location
 Personal telephone number (may be home or cellular as provided by the employee)  Home address
 Personal email addresses on file with the Department (new hires only)

2. The above information will be provided to the Union as follows:

 For new hires, within 30 days of hire or by the first pay period of the month following hire.
 For all bargaining unit employees every one hundred twenty (120) calendar days.

C. Fire Station Visits

Any Union representative shall give notice to th e Fire Chief when visiting employees at their assigned fire stations during th e employee’s duty period, provided that solicitation for membership or other internal employee organization business shall be conducted only during the off-duty hours of all employees concerned. The Fire Chief and the Union may enter into a standing agreement for routine contact between Union representatives and on-duty employees and such agreement shall continue until revoked.

2.3 Bulletin Boards

The Department shall provide suitable space for bulletin boards in the fire stati ons. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.

2.4 Use of Department Facilities fo r Meetings

A. The Union President may, with the prior approval of the Fire Chief or designated representative, be granted the use of De partment facilities and/or communications equipment for meetings of employees in this unit provided that:

1. Requests are made in advance.

ATTACHMENT 1
105
4 2. Such meetings do not conflict w ith other Department activities.

3. Attendance of on-duty employees at su ch meetings may occur only after 1700 hours, unless other arrangements have been authorized in advance by the Fire Chief and only when it does not prevent the performance of required work.

4. Such meetings do not involve excessive or unnecessary station transfers or result in financial responsibility for the Department.

B. Regularly Scheduled Membership Meetings.

1. Union meetings may be held in fire stations after 1700 hours unless other arrangements have been authorized in advance by the Fire Chief.

2. Union meetings shall not interfere with regularly scheduled duties or emergency response. Fire prevention personnel may attend union meetings during their regular work hours provided they are otherwise able to complete their duties.

3. On-duty members may attend Union meetings as long as no first-due districts are left empty or by approval of the Fire Chief.

C. Advance Notice

Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regula tion relating to matters within the scope of representation and shall be given the opportunity to meet and confer in good faith with the appropriate management representatives prior to adoption.

The Department will provide the Union with reasonable written notice and the opportunity to meet and confer in good faith regarding th e addition to or changes in Personnel Rules and Regulations, other policies, or departmental policies when such changes are within the scope of bargaining pursuant to the MMBA.

Section 3. No Discrimination

The Employer and the Union shall comply with th e City of Pleasanton’s Harassment Policy (Human Resources & Administrative Policy Guide).

Furthermore, the Employer shall not discriminate or retaliate against any employee because of their engagement in legally protected Union activities.

Section 4. Union Representatives

Bargaining unit employees who are o fficers or official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of department services as ATTACHMENT 1
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5 determined by the Department. Such employee representatives shall submit requests for excused absences to the Fire Chief. The Union shall submit a list of the officers of the Union to the Fire Chief in writing at such time there are any changes in such Union officers.

Section 5. Salaries

5.1 Rates of Pay

The salary ranges for all employees as set forth in Appendix A represent, for each classification, the base rate of pay for full-time employment. The salary ranges do not include overtime compensation, specialty pay and other benefits specifically provided by the Employer as outlined in this MOU.

Effective the first pay period following Union ratification of this MOU, on or after January 1, 2019 (January 12, 2019), the salary ranges of all classifications covered by this MOU shall be increased by five and one-half percent (5.5%).three percent (3%). In addi tion, the salary ranges for all suppression classifications will be increased by an additional four percent (4%) and the existing four percent (4%) Emergency Medical Technician certificate pay will be eliminated.

Effective the first pay period on or after January 1, 2023 (January 7, 2023), July 1, 2019 (July 13, 2019), the salary ranges of all classifications c overed by this MOU shall be increased by three and one-half percent (3.5%).three percent (3%).

Effective the first pay period on or after January 1, 2024 (January 6, 2024), July 1, 2020 (July 11, 2020), the salary ranges of all classifications covered by this MOU shall be increased by three percent (3%).three and one-half percent (3.5%).

Effective the first pay period on or after January 1, 2025 (January 4, 2025), July 1, 2021 (July 10, 2021), the salary ranges of all classifications covered by this MOU shall be increased by one percent (1%).

5.2 Entrance Salary

Employees entering Department service shall be placed at step 1 of the salary range for the classification to which they are appointed. When circumstances warrant, the Fire Chief may authorize initial appointment or reinstatement to a salary step that is greater than the minimum rate for the classification.

5.3 Conversion of Pay Rates

Monthly salaries may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the Fire Chief, such a conversion is advisable. In dete rmining the equivalent amounts on a different time basis, the Fire Chief shall provide ta bles for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

5.4 Salary Advancement

Permanent and probationary employees shall be advanced one salary step in their respective classifications after satisfactory completion of full-time service, un til they reach the top step of the applicable salary ATTACHMENT 1
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6 range. (See timetable below). No salary advancement shall exceed the top step established for the employee’s respective classification.

Advancements shall not be automatic but shall requi re satisfactory service to the Department as recommended by the Fire Chief. Changes in an employee’s salary because of promotion or demotion to a new classification with a new salary range will establis h a new salary anniversary date for an employee.

Advancement to higher steps within the salary range of an employee’s existing classification will not establish a new salary anniversary date in the employee’s existing classification.

Salary Advancement Timetable

Firefighter Step 1 to Step 2 After 6 m onths of fulltime satisfactory service at Step 1 Firefighter Step 2 to Step 3 After 6 m onths of fulltime satisfactory service at Step 2 Firefighter Step 3 to Step 4 After 6 m onths of fulltime satisfactory service at Step 3 Firefighter Step 4 to Step 5 After 12 months of fulltime satisfactory service at Step 4 Firefighter Step 5 to Step 6 After 12 months of fulltime satisfactory service at Step 5 Fire Engineer Step 7 to Step 8 After 12 months of fulltime satisfactory service at Step 7 Fire Captain Step 9 to Step 10 After 12 months of fulltime satisfactory service at Step 9 Fire Inspector Step Advancement After 12 months of fulltime satisfactory service at each step Hazmat Inspector Step Advancem ent After 12 months of fulltime satisfactory service at each step

5.5 Salary Step When Salary Range Increases

Whenever the monthly salary schedule for a classifica tion is adjusted, each incumbent shall be placed at the same salary step in the revised salary range that corresponds to the step held by the employee in the previous salary range for their classification.

5.6 Acting Compensation

When an employee is assigned to act in a classification with a higher salary range, that employee's acting rate of pay shall be established as follows:

A. The pay rate for an employee, who has passe d the promotional examin ation and is on an active eligible list for the “acting” assignment in the higher classification will be the same as if the employee had been promoted.

B. An employee who is serving in an acti ng assignment and who performs overtime work during the time worked in the acting assignment, will receive pay for such overtime work at the rate of one and one-half (1.5) time s the compensation received for the acting assignment.

5.7 Salary Step After Change in Classification

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7 When an employee is promoted from a position in one classification to a position in a higher classification, the employee shall receive the minimum rate for the higher classificatio n; provided, however, that such rate is at least five percent (5%) above the employee’s current wage rate.

When a Hazardous Materials Response Team member is being promoted, the 5% Haz-Mat pay (see MOU section 31.2) will be considered in calculating the 5% minimum pay increase. However, the promoted employee will not be eligible for Haz-Mat compensation until 12 months after promotion. (For example, a fire engineer at step 8 of the wage scale and on the Hazardous Materials Response Team would be placed at step 10 of the fire captain wage scale and w ould not be eligible for Haz-Mat compensation until 12 months after promotion.)

An employee moving from the firefighter paramedic classification to the fire engineer classifications will be placed at step 8 of the fire engineer pay scale.

When an employee is demoted, whether such demo tion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the cla ssification to which the employee is demoted. The specific rate of pay within the salary range shall be determined by the City Manager, whose decision shall be final; provided, howe ver, that the employee's rate of pay shall not be lower than the salary rate the employee would earn had the employee remained in the lower classification.

5.8 Acting Fire Marshal Compensation

If both the Fire Marshal and Assistant Fire Marshal are physically unavailable, the Fire Chief may assign a Fire Inspector or Hazardous Materials Inspector to serve as Acting Fire Marshal. Employees assigned as the Acting Fire Marshal will receive acting pay of 5% of their current base hourly wage for each hour worked as Acting Fire Marshal.

5.9 Cumulative Incentive Allowance Limitation

Effective August 1, 2007, there will be a cap of fifteen percent (15%) for all incentive allowance categories over and above base salary. This includes, but is not limited to: acting pay, paramedic pay, hazardous materials team pay and educational incentive pay. This cap applies for all hours worked in a pay period, a month or annually.

The Cumulative Incentive Allowance Limit will be waived for the duration of this contract.

5.10 Bilingual Pay

Employees certified as competent at the conversational leve l in Spanish, Vietname se, Arabic (including Persian, Iranian and Farsi), Chin ese, Cambodian, Sign Language and other languages as determined by the Fire Chief, shall receive forty-five dollars ($ 45) per pay period for each full pay period they remain certified. Employees receiving bilingua l pay are subject to periodic recertification as a condition of receiving such payments.

Competency at the conversational level shall be dete rmined in accordance with the City of Livermore’s existing process for certifying other employees in the above-referenced languages.

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8 Section 6. Hours of Work, Shift & Station Assignments

6.1 Work Schedules

The regular work schedule for employees in the classi fications of Firefighter, Fire Engineer, and Fire Captain shall be the 48/96 shift schedule worked in accordance with the following chart:

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

XXOOOOXXOOOOXXOOOOXXOOOO

The above work schedule results in an average of 56-hours worked per week. The parties have agreed to the 24-day FLSA duty cycle.

The Fire Chief may from time to time temporarily assign personnel working the 48/96 shift schedule to other than their regular duty periods or schedules. The Fire Chief may assign such employees to a forty (40) hour workweek schedule so that the employee may attend training course s, conferences and/or meetings.

6.1.1 Work Schedule for Fire Prevention Personnel

The normal work schedule for Local 1974 repres ented fire prevention positions is a Monday through Friday, 40 hour work week consisting of five consecutive eight hour days or 80 hours in a pay period. This is the same basic schedule used by the partner citie s for normal office hour positions. Holidays will be per the holiday schedule set forth elsewhere in the MOU.

6.1.2 Alternative Work Schedules for Fire Prevention Personnel

Fire Prevention personnel may be offered alternative work schedules. Such work schedules may be a “9/80”or “4/10” schedule or flexible start and end times, lunc h periods or days off. The Fire Chief will determine the availability of alternative work schedules. Fire Prevention personnel may bid the schedules established by the Fire Chief based on seniority. Alternative work schedules can only be offered under three conditions:

A. Any such schedule must meet all Employer payroll department policies.

B. Any such schedule can be approved only if it does not negatively impact Fire Prevention Bureau customer service. The Fire Chief shall make the final determination on the approval of alternative work schedules.

C. The Fire Chief will make alternative work schedules available equally to all Union represented personnel. If that cannot be done, or if one team member protests the impacts ATTACHMENT 1
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9 of some personnel having alternative work schedules, the Fire Ch ief will rotate the availability of alternative wo rk schedules by seniority, per City payroll policy, or cancel their use altogether.

6.2 Exchanges of On-Dut y Time (Shift Trades)

Trades of on-duty time shall be permitted between employees of the same rank There shall be no limit to the number of trades per month, excep t that trades shall not be permitt ed to substitute for, extend, or supplement sick leave, long-term disability or wo rker’s compensation leave unless approved by the Fire Chief. The employees involved in the trade shall make arrangements for the pay back of time. Employees may not use trades to alter or change their work sc hedules except for a “mutual” as provided in Section

6.3. Employees who owe time to other employees following a promotion may work in their former position in order to repay the previously traded time, i.e. an Engineer may work as a Firefighter, and a Captain may work as a Firefighter or an Engineer depending on the rank from which the employee was promoted.

Employees must resolve owed trades within ninety (90) calendar days from the date of promotion.

Employees are not considered on the payroll or working additional hours under the Fair Labor Standards Act while on-duty and working thei r half of the trade. However, if the employee who assumes responsibility for working a trade fails to work the traded on-duty time, the originally scheduled employee will be charged vacation time equivalent to the time missed.

Trades can be cancelled at any time. However, the on-duty chief officer must be notified if a trade is cancelled less than six (6) days prior to the shift. Employees may cancel a maximum of six (6) trades per calendar year with less than six (6) days’ advance notice.

6.3 Shift and Station Assignments

Assignment to a specific shift and/or station shall be made through the bid system. Bids shall be made in descending order of rank beginning with the rank of captain. Within each rank, bids shall be made by seniority. Shift and/or station openings shall be announced via an Information Bulletin to all members and filled through the bidding procedure described in the department policy.

Station bidding shall be on a rank for rank basis, in descending order of rank seniority.

A "Mutual" is an agreement between two individuals of the same rank to trade Station and/or shift assignments for a specific period of time. Mutuals are not permanent. Mutuals can be between individuals on the same shift or on different shifts. The individuals involved may set the time frame of the "Mutual", however no mutual shall exceed twelve (12) months from the initial date. At the end of the twelve months both individuals will return to their original assignments. Both individuals must physically be able to meet their assigned Station require ments, i.e., if one of the individuals is unable to return to work within the first one-year period due to any reason, the "Mutual" is considered null and void. Individuals must be qualified for the position of the person with whom they are requesting the "Mutual”.

All “Mutuals” shall be submitted in writing to the Deputy Chief of Operations.

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10 Employees assigned as paramedics may only change assignments with other employees assigned as paramedics. Mutuals shall be cons idered trades between the employees involve d. Only one mutual between parties will be allowed for the specific period of time. Members will not be allowed to participate in more than one mutual at a time.

Assignments properly bid will be permanent unless openings occur. All openings will be bid department wide using the department policy. In the event a station opens or closes, or there is a change in the deployment model, all affected personnel shall have the ability to re-bid following the department policy.

The Fire Chief, and/or designee, may administratively reassign shift/station assignments which result in a displacement for up to 20 shifts per occurrence to m eet Department needs. This shall no t apply to probationary employees or to administrative moves not resulting in displacement of another employee.

Section 7. Overtime

7.1 Payment

An employee who is assigned to work after completion of his/her regular shift or who is assigned to work to fill a shift or portion thereof outside his/her regular duty shift, shall be entitled to overtime compensation for all hours so worked, provided, however, that the overtime payment shall be computed at one and one- half (1-1/2) times the employee's 24-hour rate of pay in 15-minute increments as follows:

Overtime Worked Paid As
1 through 15 minutes 15 minutes
16 through 30 minutes 30 minutes
31 through 45 minutes 45 minutes
46 through 60 minutes 60 minutes
61 through 75 minutes 75 minutes
etc.

An employee assigned to work outside his/her regular shift to attend a meeting or pa rticipate in training shall be entitled to overtime compensation for all hours so worked, provided, however, that the overtime payment shall be computed at one and one-half (1-1/2) times the employee's eight hour rate of pay in fifteen (15) minute increments as set forth in the previous table.

Strike team overtime compensation shall be at th e 24 hour overtime rate for al l of the time spent on the Strike Team assignment.

An employee held over past the completion of his/her shift due to a trade will be compensated for overtime at that employee’s overtime rate.

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11 An employee having completed his/her regular duty shift and called back to work from home because of an emergency incident shall, upon reporting to work within a reason able time after notification and commencing with the time of notification, receive not less than four hours overtime compensated at one and one-half (1 and 1/2) times his/her twenty-four (24) hour rate of pay.

A reasonable time is defined as drive time from home plus ½ hour, unless otherwise approved by the duty chief.

7.2 Procedures For Filling Absences:

Overtime shall be determined and filled pursuant to Department policy and the provisions of this MOU.

7.3 Overtime Compensation

Overtime shall be paid in accordance with the contra ctual overtime provisions of this MOU and the Fair Labor Standards Act (“FLSA”) at any time the FLSA applies to municipal governments.

A. Suppression/FLSA 7(k) Exempt Employees:

Any authorized time worked in excess of the employee’s regular shift schedule (i.e. contractual overtime) or the maximum hours threshold for a 24 day FLSA work cycle shall be considered overtime.

B. Fire Prevention personnel/40 Hour Employees:

B.1. Any authorized time wo rked in excess of the employee’s regular workweek shall be considered overtime. Overtime compensation shall be compensable at the rate of one and one-half (1.5) times the employee’s regular straight time rate of pay.

B.2. Fire Prevention personnel have the option to accrue compensatory time off in lieu of overtime pay at the rate of one and one-half (1.5) hours for each hour worked.

Compensatory time may be accrued but the total balance may not exceed one hundred and twenty (120) hours at any time.

Compensatory time off may be taken in lieu of overtime paym ent in accordance with the FLSA. Such time off shall be mutually agreeable to the employee and the supervisor taking into account (a) the normal schedule of work, (b) the anticipated peak hour workload based on past experience and (c) any emergency requirements for staff and services. Once an em ployee has accrued one hundred and twenty (120) hours of compensatory time off, the employee sh all be paid for overtime worked until such time as the balance dr ops below the cap. With written notice prior to June 1
st and December 1st of each year, an employee may request to have all accrued compensatory time off paid to the employee on a separate payroll check.

B.3. Fire Prevention personnel who are called back or otherwise requested to respond after 2200 hours shall be allowed to delay their normal start time by the number of hours worked after 2200, if scheduled to work the same or next day. An employee shall be required to work a full shift, regardless of starting time.

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12 B.4. Fire Prevention personnel who are called back or otherwise requested to respond after completing their regular work day shall receive a minimum of two (2) hours call back pay at one and one-half (1.5) times their regular rate. The call back minimum is payable even if the employee is cancelled en-route.

C. Suppression Employees Overtime Record:

The Fire Department shall provide the current ov ertime selection factor for each suppression employee per the on-line records management system.

D. Rank-for-Rank Overtime:

The Department agrees that any day to day vacancies, not covered in MOU Section 23C, overtime will be assigned on a rank-for-rank basis unless an individual of equal rank is not available to fill the position; then a pre-signed up qualified actor will be used to prevent a mandate or prevent the breaking of staffing rules. These Short-Term Acting assignments are intended to fill day-to-day vacancies that are for 10-shifts or less. If there is no one available through the pre-sign up system, then mandatory overtime within the rank will be utilized.

The operational procedures of acting assignments are outlined in department policy.

In the case of an emergency and an officer and/or fire engineer is unavailable to be contacted, an acting assignment may be used to fill these ranks. The procedures pertaining to the selection of the employee for an acting position shall be followed. (See Section 23.A. of this M.O.U.).

Nothing in the MOU shall be construed to prevent the Department from filling short term day-to-day vacancies with available on-duty relief pool/overstaff personnel within rank/classification on a non-overtime basis. The Parties agree that LPFD may implement General Order 200.01 attached as Appendix D to this contract.

7.4 Overtime Maximum Limit

Effective August 1, 2007, the maximum amount of shift-fill overtime will be eliminated.

The Fire Chief will determine whether shift-fill overtime is limited to a specific number of shifts per month or year. Any such decision shall be based solely on safety concerns, operational need and the existence of unusual occurrences that may require the Department to extend personnel resources. Any decision to limit shift-fill overtime shall be discussed with the Union prior to implementation.

Section 8. Department Related Court Time

Employees who are required to app ear in court during their off-duty ti me to testify about a work-related matter shall be compensated at their eight (8) hour overtime rate for all such time and shall receive a minimum of three (3) hours for court appearances in any assigned local co urt serving the cities of Livermore and Pleasanton (currently the East County Ha ll of Justice in Dublin) and four (4 ) hours for court appearances outside the assigned local court serving the cities of Livermore and Pleasanton.

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13 Section 9. Holiday Pay

Section 9.1 Holiday In Lieu

Employees assigned to twenty-four (24) hour shift schedules shall re ceive holiday in lieu pay without regard for when holidays occur or whether such empl oyees actually work on recognized holidays. This compensation shall be seven and one-half percent (7.5%) of the employee's base salary at time of payment, plus special compensation as de fined by PERS; except PERS-able FLSA overtime, unif orm allowance, EPMC, and exclusive of any overtime. Holiday in lieu pay shall be paid on a prorated and bi-weekly basis.

Holiday in lieu pay will be reported as special compensation within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of th e CalPERS regulations and/or as defined pensionable compensation pursuant to the California Government Code and the CalPERS regulations as amended.

Section 9.2 Observed Holidays

The following holidays are observed for personnel not normally scheduled or expected to work on recognized holidays. Such employees are permitted to be off work on observed holidays without the loss of pay and do not qualify for the holiday in lieu pay provided per Section 9.1 of this MOU.

1. New Year's Day

2. Martin Luther King, Jr. Day (third Monday of January)

3. President’s Day (third Monday of February)

4. Memorial Day (last Monday of May)

5. Independence Day

6. Labor Day (first Monday of September)

7. Veterans' Day

8. Thanksgiving Day

9. Day following Thanksgiving

10. Christmas Eve Day

11. Christmas Day

Section 9.3 Work on a Holiday-Fire Prevention Personnel

If the Fire Chief, or the Fire Chief’s designee, de termines the employee’s se rvices are required on an observed holiday, the employee shall receive overtime compensation for all hours worked on the holiday.

Section 9.4 Floating Holiday

Fire Prevention personnel will receive three (3) floating holidays per year with pay as follows:

Floating holidays for eligible employees shall be credited and taken in accordance with the regulations set forth in this section. Each payroll calendar year, eligible employees will be credited with floating holidays at the rate of 24 (twenty-four) hours for each 40-hour employee per year. Employees not in a pay status at the beginning of the payroll calendar year will not be credited with floating ho lidays until their return to work. In such cases, floating holidays will be prorat ed for the year once the employee returns to work.

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14 New employees who join the City after the start of the calendar year will re ceive floating holidays on a prorated basis.

Floating holidays are not cumulative and must be take n in the same calendar year credited and do not accumulate or carry over to subsequent years.

Section 10. Documentation Regarding Organized Mess

In order that all members of each fi re company are availabl e at all times to respond to emergencies as quickly and efficiently as possible, and in order to provide for harmony a nd fellowship among the members of fire companies, there shall be a comm on organized mess at each fi re station to which all bargaining unit employees assigned to that station shall be required to contribute on a da ily basis. The Captain on each shift at each station shall normally make all assignments as to the duties to be performed by those employees in regard to the common mess. The Employer shall not be responsible for financially supporting or otherwise paying the cost of any on duty meal. Employees may be exempted from the common mess only for valid medical or religious reasons that have been verified to the City’s satisfaction.

This provision is intended to satisfy Internal Reve nue Service requirements as to the existence of a requirement that employees contribute to an organized mess.

Section 11. Fire Prevention Certificate Pay

Fire prevention personnel hired after July 1, 2012 sha ll receive an additional f our percent (4%) of base salary for obtaining the California Fire Service Trai ning and Education System Fire Prevention Officer (Level 1) certificate.

Section 12. Paramedic Program and Compensation

12.1 Program Description

The Department intends to maintain advanced life support (“ALS”) capability through the assignment of one (1) designated Firefighter/Paramedic on each Engine Company and each Truck Company. Employees hired as Firefighter/Paramedics must maintain their paramedic licenses and participate in the paramedic program as a condition of employment, unless allowed to withdraw from the program in accordance with Section 12.3 below.

12.2 Paramedic Staffing

Minimum paramedic staffing shall consist of one assigned Firefighter/Paramedic per Company.

12.3 Withdrawal Process

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15 Firefighter/Paramedics are expected to maintain their paramedic licenses and participate in the paramedic program unless the Fire Chief approves their withdrawal from the paramedic program in accordance with the following procedure:

A. Paramedics must serve a minimum of five (5) years in the para medic program absent extraordinary circumstances. Paramedics who s eek to withdraw from the paramedic program after five (5) years of paramedic service in th e program shall advise th e Fire Chief of their desire to do so six (6) months in advance.

B. The Department shall maintain a sufficient nu mber of paramedics to satisfy the minimum paramedic staffing requirement and to meet operational needs. A verified ability to staff the minimum need must exist before any employee is allowed to leave the paramedic program.

C. In the event that there are multiple requests for withdrawal from the paramedic program, priority shall be based on Department seniority regardless of rank.

D. Paramedics wishing to leave the program must either maintain their paramedic license or obtain an Alameda County EMT certification prior to wit hdrawal and maintain this certification as a condition of employment.

E. Paramedics who promote to a higher rank ma y maintain their paramedic licenses. The Department agrees to cover the costs of licen sing and continuing education as outlined in Section 12.4 of this MOU.

12.4 Paramedic Licensing and Continuing Education

Paramedics are responsible for ma intaining their paramedic licenses and fulfilling all state and county licensure, accreditation and continuing education requirements.

The Department will pay all fees and cost associated with paramedic licensure and ac creditation for all employees in the paramedic program, including applic ation and licensure fees tuition and textbooks for required courses and certifications , and approved overtime to comple te continuing education classes outside an employee’s normal working hours.

The Department agrees to provide on duty continuing education classes whenever possible.

12.5 Paramedic Pay

Paramedics will receive additional compensation while serving in the assignment. Effective the first full pay period following Union ratification of this MOU, Tt he compensation received shall be equal to ten eight percent (108%) of the employee’s base pay (“paramedic premium pay”).

Paramedics who promote to Engineer or Captain (i.e. paramedics of rank) will receive are not eligible for the paramedic premium pay unlessonly when designated or assigned or serving as the Company paramedic, not the additional four-percent (4%) pa ramedic of rank premium as noted below . Current Paramedics of rank (i.e. prior LFD grandfathered Captain) shall be allowed to keep their Paramedic premium pay even though they will not be considered the designated or assigned paramedic to a Company ATTACHMENT 1
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16 once a Firefighter/Paramedic becomes a member of their Company. However, Effective the first full pay period following Union ratification of this MOU, paramedics of rank who maintain their paramedic licenses and participate participation in the paramedic program will receive an additional four percent (4%) of top step Firefighter base monthly pay. one-hundred dollars ($100) per month stipend.

12.6 Paramedic Preceptor/Field Training Officer (FTO) Pay

Paramedics who serve as preceptors/field training o fficers to paramedic student s/trainees/interns shall receive sixty dollars ($60) per shift when precepting/training a paramedic students/trainee/intern.

Section 13. Vacations

13.1 Vacation Eligibility

All employees accrue paid vacation leave from their date of hire and may begin using accrued paid vacation leave after six (6) months of continuous service with the Department.

13.2.1 Vacation Accrual

A. Employees assigned to a fifty-si x (56) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate First through fourth year 12 hours
Fifth through ninth year 16 hours
Tenth through twelfth year 20 hours
Thirteenth through fifteenth year 22 hours
Sixteenth year and above 24 hours

B. Employees assigned to a forty (40) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
First through fourth year 8.57 hours
Fifth through ninth year 11.43 hours
Tenth through twelfth year 14.29 hours
Thirteenth through fifteenth year 15.71 hours
Sixteenth year or more 17.14 hours

Accrued vacation leave shall be credited to each employee’s account biweekly.

13.3 Vacation Accumulation

Eligible employees may accumulate and maintain up to a maximum of four hundred thirty-two (432) hours of accrued vacation leave.

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17 Employees are not allowed to accrue vacation hours above the cap. At any time an employee reaches four hundred thirty-two (432) hour cap, the employee will cease accruing additional vacation leave until such time as the balance falls below the cap. However, in the event an employee has requested to take vacation but been denied or otherwise prevented from using vacation leave due to extenuating circumstances, the employee may submit a written request to the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.

Effective September 15, 2012, any accrued vacation l eave in excess of three hundred sixty (360) hours was placed in a separate Excess Vacation Bank for each affected employee. Employees shall be entitled to use the hours in the Excess Vaca tion Bank for vacation or for extended leave in the same manner as regular vacation hours. The hours shall be paid out at the pay rate of the employee when utilized.

13.4 Vacation Scheduling and Use
Vacation selection will be subject to the procedure stated in the department policy except for those areas specifically stated differently in this article.

A. During January of each year, employees shall be granted an opportunity to choose vacation time in order of Department seniority. The January selections shall be for the period from February 1 to January 31 of the following year. Each employee in turn (based on Department seniority) will have an initial choice of vacation. Vacation sel ections can be for as many shifts/hours as the employee desires, not to exceed the total number of vacation leave hours the employee will have accrued by the date of the requested vacation, provided the vacation shifts/hours are taken consecutively. Once the most senior employee makes an initial vacation selection, the next most senior employee will make an initial selection of vacation shifts/hours. This process shall continue until all employees have an opport unity to make an initial sel ection of vacation. After all employees make their initial selections, second choice vacation selections will occur. Second choice vacation selections will be done in the same manner as the first choice selections. After the second choice vacation selections are completed, the third choice selections can begin and so on until no one wishes to choose any more vacation time.

B. For the annual scheduling done in January no more than seven (7) persons of any rank are allowed to be off on vacation leave at any given time. V acation requests by an eighth (8th) or additional person requires the requesting person to provide the name of the coverage person.

C. Employees may take vacation on Thanksgiving, Christmas Eve and Christmas Day after all shifts have been filled and they provide the name of the coverage person.

D. Fire suppression employees assi gned to 24-hour shifts schedules must use vacation leave in increments of either twenty-four (24) or twel ve (12) hours. When used in twelve (12) hour increments, vacations must be taken fro m either 0800 to 2000 hours or 2000 to 0800 hours.

Employees may take less than twenty-four (24) or twelve (12) hours provided they find their own coverage. However, the Fire Chief may approve vacation requests in less than twelve (12) hour increments to accommodate employee enrollment in college or university courses. The courses or classes attended must be appropriate to employe e development. The decision of the Fire Chief

shall be final.

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18 E. If two (2) or more employees from the same em ploying agency have the same employment date, seniority will be determined by placement on the employment list. If two (2) or more employees from different hiring agencies have the same employment date, seni ority will be determined by drawing from a hat.

F. Fire Prevention Personnel will utilize a vacation scheduling program consistent with the process used for suppression personnel.

G. Authorized emergency vacation may be allowed due to special circumstances and temporary assignments will be made to accommodate such a need.

H. Employees may cancel previously scheduled vacation at any time by notifying the Department at least twenty-four (24) hours prior to the start of the shift. However, the on-duty chief officer must also be notified whenever vacation is cancelled less than six (6) days prior to the shift. Employees are allowed a maximum of six (6) vacation cancellations per calendar year with less than six (6) days’ advance notice.

I. The Fire Chief may permit non-probationary employees to use of up to fifty-six (56) hours of paid vacation leave in advance of accruing such hours to their vacation leave accounts. The use of such leave shall not be prescheduled or considered earned vacation for accrual purposes.

J. When an employee carries a negative balance no additional vacation may be taken until a sufficient number of vacation hours have been earned.

13.5 Vacation Pay at Termination

All employees shall be paid for all vacation leave earned prior to the effective date of termination. Such compensation shall be paid to employees in one lump sum in a final check. Employees understand that if there is a deficit balance in thei r vacation leave accounts at termin ation, that deficit amount will be deducted from final compensation.

13.6 Vacation Sell Back

Employees may request to sell back up to two hundred forty (240) hours of accrued vacation leave in each calendar year. Employees may sell back accrued vacat ion leave in one (1) hour increments with a minimum sell back of eight (8) hour s on the first pay date in March, June, September and December of each year. Written requests for paym ent must be made by the employee fi fteen (15) days in advance of the first pay date in March, June, September and December.

Section 14. Sick Leave

14.1 Sick Leave Accrual – 56 Hour Shift Employees

All employees assigned to 56-hour work schedules shall earn paid sick leave at the rate of eleven and two- tenths (11.2) hours for each month of service while assigned to a 56- hour work schedule. Probationary employees assigned to a 56-hour work schedule who successfully complete their 18-month new employee ATTACHMENT 1
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19 probationary period shall receive a one-time lump sum credit of four hundred seventy and four-tenths (470.4) hours of paid sick leave in addition to the sick leave accrued during their probationary period.

Employees assigned to 56-hour work schedules may accumulate a maximum of 2,912 sick leave hours.

Non-probationary employees assigned to a 56-hour work schedule are allowed a sick leave deficit of fifty- six (56) hours beyond that actually earned. Probationary employees assigned to a 56-hour work schedule are allowed a sick leave deficit of thirty-three and six-tenths (33.6) hours beyond that actually earned.

Employees on leave of absence with pay in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code shall accumulate sick leave during said leave of absence in accordance with this section.

14.2 Sick Leave Accrual – 40 Hour Employees

All employees assigned to forty (40) hour work schedules shall earn paid sick leave at the rate of eight (8) hours for each month of service while assigned to a 40-hour work schedule. Probationary employees assigned to a 40-hour work schedule who successf ully complete their 12-month new employee probationary period shall receive an one-time lump sum credit of three-hundred eighty-four (384.0) hours of paid sick leave in addition to the sick leave accrued during their probationary period.

Employees assigned to forty (40) hour work schedules may accumulate an unlimited number of sick leave hours; however, sick leave hours acc umulated in excess of one thous and four hundred and forty (1440) may be used solely for CalPERS services credit in accordance with Government Code Section 20862.8 “Credit for Unused Sick Leave”.

Employees are allowed a sick leave deficit of twenty-four (24) hours beyond that actually earned.

14.3 Sick Leave Usage

Employees may use accumulated sick leave in one (1) hour increments as follows:

A. For the employee’s own diagnosis, care, or treatment of an existing health condition or for the employee’s own preventative care, including routine medical and dental appointments.

B. For the diagnosis, care, or treatment of an exis ting health condition or preventative care for an employee’s family member, including routine medical and dental appointments. For purposes of this provision, “family member” in cludes: a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive or foster parent, stepparent, or legal guardian of an em ployee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, or sibling. Employees assigned to a 56-hour work schedule may utilize a maximum of one hundred forty-four (144) hours of accumulated sick leave per calendar year and employees assigned to a 40-hour work schedule may utilize a maximum of (96) hours of accumulated sick leave for this purpose.

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20 C. Sick Leave may also be used to obtain any relief or services related to being a victim of domestic violence, sexual assault, or stal king including the following with appropriate certification of the need for such services:

 A temporary restraining order or restraining order.
 Other injunctive relief to help ensure the hea lth, safety or welfare of themselves or their children.
 To seek medical attention for injuries caus ed by domestic violence , sexual assault, or stalking.
 To obtain services from a domestic violence sh elter, 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.
 To participate in safety pla nning and take other actions to increase safety from future domestic violence, sexual assault, or st alking, including temporary or permanent relocation.

14.4 Sick Leave Procedure

A. Employees are required to report the need for si ck leave in accordance with Department policy.

Employees shall notify the scheduling system prior to the start of their scheduled duty shift when utilizing sick leave. The Fire Chief or designee may waive this requirement based on exigent or unique circumstances.

B. If an employee is on vacation and a permissible us e of sick leave occurs while on vacation, the employee may report the need for sick leave in accordance with Department policy and request to be taken off vacation leave and be placed on sick leave for the hours the employee is eligible for sick leave as specified in Section 14.2 of this MOU.

C. The Fire Chief may request a physician’s certificate or a personal affidavit verifying an employee’s need for sick leave when there is evidence of exce ssive sick leave usages and/or a pattern of sick leave misuse, abuse or falsification (i.e., using si ck leave in conjunction with days off, vacation, holidays or otherwise).

D. Employees who are eligible for temporary disability payments may use accumulated sick leave in order to maintain their regular income; provi ded, however, the employee is allowed a credit towards sick leave to the extent that temporary disability payments are retained by the Department.

E. Any purposed changes to the Department’s curr ent attendance management program shall be negotiated with the Union.

Section 15. Leaves

15.1 Leave of Absence

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21 The City Managers may grant a full-time regular employee leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the Department. No such leave shall be granted except in writing stating the reasons for the requested leave. Upon expiration of the leave the employee sha ll be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report to work promptly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discipline. The Fire Chief may grant a full-time regular employee a leave of absence without pay for one (1) calendar week. During unpaid leave, an employee shall no t accrue vacation or sick leave benefits, nor shall said time be considered service time. Holiday in lieu payments for which an employee would otherwise be eligible shall be adjusted on a pro-rata basis to reflect an employee's leave time.

15.2 Jury Service Leave

Employees who are summoned for jury service in state or federal court shall receive their regular pay for all time they are necessarily absent from work in order to satisfy their jury service. The City may require proof of the time spent in such ju ry service as a conditio n of receiving the time off with pay and any monies received by the employee for their jury servic e shall be remitted to the City. Employees who are released from jury service and are not required to return for additional jury service the following day shall report directly to work to complete the remainder of their shift or workday. Employees who are required to serve as jurors shall not have their regular starting and ending work times changed as a result of jury service.

15.3 Leaves Resulting from Subpoena

A. Employees subpoenaed or called to appear as a witness in an admi nistrative or legal proceeding about a work-related matter shall be granted time off w ith pay for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

B. Employees subpoenaed or called to appear as a witness on behalf of the City or Department during their off duty hours shall receive compensation as hours worked in accordance with Section 7 of this MOU for all time necessari ly spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

15.4 Military Leave

Military leave shall be granted in accordance with the provisions of law. All employees entitled to military leave shall give the Fire Chief an opportunity within the limits of military regulations to determine when such leave shall be taken and may modify the employee’s work schedule to accommodate the request for leave.

15.5 Family, Medical and Pregnancy Disability Leave

The City will abide by all federal and state family, medical and pregnancy disability leave laws.

15.6 Catastrophic Leave

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22 The City will maintain a Catastrophic Leave Policy as outlined in Appendix B to this MOU.

15.7 Bereavement Leave

Employees are entitled to paid leav e from duty (including shift trade da ys) for up to two (2) shifts (48 hours) for fire suppression personnel and up to forty (40) hours fo r fire prevention/40-hour personnel in order to attend the funeral or memorial service of an immediate family member and/or to assist with matters relating to the decedent’s estate. Employees ma y utilize other paid leaves (including sick leave) to extend bereavement leave when approved by the Fire Chief.

For purposed of this provision, immediate family sha ll be defined as: spouse, domestic partner, child, foster child who resided with the employee at th e time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sist er, stepsister, brother-in- law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

15.8.1 Union Leave Bank

A. Leave Donations

Effective the first full pay period in July of each year, ac tive bargaining unit employee may voluntarily elect to contribute to the Union Leav e Bank by reducing their individual vacation accrual by six (6) hours for 56 hour personnel and e ither four (4) hours of vacation accrual or compensatory time for 40 hour personnel. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 1500 hours, the contribution of hours described above will not occur for that fiscal year.

Employees hired during the year will have no deduc tion until the following fiscal year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank.

B. Usage of the Union Leave Bank

Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met:

1. The absence is for a union authorized event or purpose.

2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence.

3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence.

4. The absence is approved in writing by shift Battalion Chief.

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23 The Battalion Chief shall secure a replacement to cover the shifts resu lting from an approved Union Leave absence in accordance with the curre nt practice for obtaining shift replacements.

However, nothing in this section shall supersede the Fire Chief’s duty to maintain management control over the Department to ensure adequate staffing for daily operations and emergency situations.

C. Payment for Union Leave

When bargaining unit employees receive the a ppropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to th e employee(s) covering the open shifts(s) shall be made at the employee’s applicable regular or overtime rate on an hour- for-hour basis from the Union Leave Bank. Empl oyees absent from work on union leave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly.

D. Indemnification

1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws govern ing the taxation of the donate d hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its administration of the Union Leave Bank, including reasonable attorney fees.

2. The City assumes no responsibility for how union time is utilized. Time spent on union leave is not considered work time for purpose of worker’s compensation or any other purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees.

Section 16. Health and Welfare

16.1 Hospital and Medical Care - Active Employees

A. Contributions

The City will continue to contribute a m onthly amount for each employee no greater than the family rate of the lowest cost HMO plan.

All employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25.00 per month

2. The difference between the family rate of the lowest cost HMO and the premium of the employee’s more expensive plan selection.

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24 Contributions will be deducted from the employ ee’s paycheck on a pre-tax and bi-weekly basis.

Effective January 2020, all employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25.00 per month for employee only coverage; $25 per month for employee+1 coverage; or $50 per month for family coverage.

2. The difference between the family rate of the lowest cost HMO and the premium of the employee’s more expensive plan selection.

Contributions will be deducted from the employee’s paycheck on a pre-tax and bi-weekly basis.

B. Increases in Premiums

Effective July 1, 2009, the City will pay for any increase in the medical plan premiums up to a maximum of 15% annually of the lowest cost HMO family rate. The difference will be deducted from the employee’s paycheck on a pre-tax basis. This amount will be in addition to the employee contributions outlined in section 16.1 A.

In the event that the medical premium increase is less than 15%, the City’s sole obligation is to pay the lower percentage increase.

C. Plan Co-Pays

The health maintenance or ganization (HMO) medical plans co-pays shall be ten dollars ($10) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, fifteen dollars ($15) for brand and thirty-five dollars ($35) for non-form ulary (the Kaiser HMO provides for a two-tier prescription drug plan). The Preferred Provider Organization (PPO) medical plan co-pays shall be fifteen dollars ($15) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, twenty-five ($25) for brand and thirty- five dollars ($35) for non-formulary.

D. Changes to Plan Designs

During the term of this agreement, the City reserves the right to propose changes to the plan designs and co-pay structure in order to reduce costs to the City and employees.

Changes to plan design shall be by mutual agreement.

The City agrees to provide up to three (3) health plan options for employees and eligible dependents. At least two (2) options will be HMOs and the other option will be a PPO. For the term of this agreement, the City agrees to continue to offer Kaiser as one of the HMO options.

16.2 Health and Medical Care – Retired Employees

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25 A. Spousal Continua tion of Benefits

In the case where the employee eligible for tw o-party coverage is deceased, the amount the City is obligated to pay shall be reduced by one half (1/2). If the spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits.

B. Plan Design

Employees who retire on or after July 1, 2009, w ill have the same benefit co-pay and plan design as provided to active employees in accordance with Section 16.1.C and are subject to the 15% premium cap provisions of Section 16.1.B.

C. Vesting Schedule for Employees Hired Before July 1, 2012

1. Service Retirement

For all employees who retire with service from the City of Pleasanton, the City shall pay four percent (4%) for each year of service of the City’s contribution toward the monthly premium for employee and one dependent.

2. Disability Retirement

For all employees who retire due to disabi lity, the City shall pay a percentage of the City’s contribution toward the monthly premium for employee plus one dependent (two- party rate) for the lowest cost HMO plan in accordance with the schedule set forth below:

Years of Service City's Contribution
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25 + years of service 100%

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26 3. City Contributions

The City’s contribution for retiree medical is established as the same dollar contribution paid for active employees at the employee plus one rate of the lo west cost HMO early retiree plan.

Employees who retire on or after Janua ry 1, 2024 will begin to receive a benefit calculation based on the City’s contribution for an active employee at the employee plus one rate of the lowest cost HMO plan. The minimum monthly contribution is currently twenty-five dollars ($25) per month.

4. Reimbursement for non-City Plans

In the event a retiree obtain s medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the amount outlined in Section 16.2.C.3 but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees

All retirees eligible fo r Medicare are required to appl y for Medicare benefits. Upon qualifying for and receiving parts A and B of Medicare, the City shall not be obligated to contribute an amount in excess of the monthly premium for the lowest cost HMO health plan supplement to Medicare for employee and one dependent coverage (two- party rate).

D. Vesting Schedule for Employees Hired On Or After July 1, 2012

1. Service Retirement

For all employees who are hired on or after July 1, 2012 and retire from service, the City shall provide the following benefit:

The City shall pay for each year of service equivalent to four percent (4%) of the City’s contribution toward the monthly premium for single coverage.

2. Disability Retirement

For all employees who retire due to disabi lity, the City shall pay a percentage of the City’s contribution toward the monthly premium for single coverage for the lowest cost HMO plan in accordance with the schedule set forth below:

Years of Service City's Contribution
10 20%
11 25%
12 30%
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27 13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25 + years of service 100%

3. City Contributions

The City’s contribution for retiree medical is established as the same dollar contribution paid for active employees at the single rate of the lowest cost HMO early retiree plan.

Employees who retire on or after January 1, 2024 will be gin to receive a benefit calculation based on the City’s contribution for an active employee at the employee only rate of the lowest cost HMO plan. The minimum monthl y contribution is currently twenty-five dollars ($25) per month.

4. Reimbursement for non-City Plans

In the event a retiree obtain s medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the amount outlined in Section 16.2 D.3 for the single rate, but no more th an the amount paid by the retiree.

Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees

Retiree health benefits will cease once a retiree becomes Medicare eligible.

6. Retiree Health Savings Account

For employees hired on or after July 1, 2012 and who have successfully passed probation the City will contribute seventy-five dollars ($75) per month to the employee’s RHSA. Additionally, each employee eligible for the City contribution will have a mandatory, pre-tax deduction of twenty-five dollars ($25) per month toward the RHSA. The total monthly contribution to the RHSA will be one hundred dollars ($100). However, those employees contributing to the RHSA may increase the mandatory employee contribution above twenty-five dollars ($25) if a fixed amount is agreed to by, and implemented for, all contributing employees.

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28 Employees hired between July 1, 2012 and May 1, 2013:

Employees hired between July 1, 2012 and May 1, 2013 will contribute $150 per month ($69.23 per pay period) through payroll deductions beginning the pay period in which the employee commenced employment with the LPFD.

In the pay period following completion of the employee’s 12 or 18-month probationary period, the City will contribute a one-time payment of $900 or $1,350 (equivalent to $75 for each month of the 12 or 18-month probationary period) towards the employee’s RHSA.

These provisions apply solely to employees hired between July 1, 2012 and May 1, 2013. All employees hired after May 1, 2013 will follow the provisions outlined in Section 16.2.6 unless modified by a successor MOU.

Effective January 1, 2015:

For employees hired on or after July 1, 2014 and who have successfully passed probation, the City will contribute one-hundred and fifty ($150) per month to the employee’s RHSA. In the pay period following completion of the employee’s 12 or 18-month probationary period, the City will contribute a one-time payment of $1,800 or $2,700 (equivalent to $150 for each month of the 12 or 18-month probationary period) towards the employee’s RHSA.

For the duration of the contract, each employee eligible for the City contribution will have a pre- tax deduction of one hundred and fifty dollars ($150) per month toward the RHSA. The total monthly contribution to the RHSA will be three hundred ($300). However, those employees contributing to the RHSA may increase the employee contribution above one hundred and fifty dollars ($150) if a fixed amount is agreed to by, and implemented for, all contributing employees.

Employees have a vested right to the funds at the time of deposit. Funds deposited in the RHSA are portable and belong to the employee, regardless of length of service or reason for separation.

Federal or State Legislation

The City reserves the right to meet and confer with the Union for the purposes of coordinating retired employee’s hospital and medical care in the event Federal or State legislation is implemented that effects retiree’s medical insurance.

16.3 Dental

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29 The City shall contribute an amount necessary to provide dental care benefits for the individual employees and eligible dependents. The City shall provide a lifetime maximum orthodontia coverage of $2,000 for individual employees and eligible dependents.

16.4 Life Insurance

The City shall contribute an amount necessary to provide $50,000 life and $50,000 accidental death and dismemberment insurance coverage for individual full-time employees.

Employees may purchase, at their own expense and within the limits set by the insurance carrier, additional amounts of life insurance under the existing policy.

16.5 Vision Care

A vision care plan will be provided as an option for employees and the cost of such coverage shall be included in the 125 Plan (see Section 16.6).

16.6 Cafeteria Plan

An Internal Revenue Code Secti on 125 Cafeteria Plan is provided to each full-time employee who is eligible to enroll in one of the medical insurance plans offered by the City but elects to waive participation in such medical plans and/or the City’s vision care plan. Proof of alternative medical coverage is required for an employee to waive participation in the City’s medical plans.

The 125 Cafeteria Plan affords empl oyees an opportunity to obtain plan credits for the purpose of: (1) purchasing supplemental benefits; (2) redirecting credits to a flexible spending account; or (3) cashing out credits at a rate of $0.35 on the dollar. Plan cr edits are based on the combined sum of the monthly premiums for Kaiser employee-only medical coverage an d the vision care plan at family level coverage adjusted annually on a dollar-for-dollar basis to matc h any changes in the monthly premiums. The maximum contribution limit for me dical reimbursement under the Sect ion 125 Cafeteria Plan is $2,650 per year.

In the event an individual employee loses their primary coverage, the City will allow the employee to re- enroll in the City’s health plans within thirty (30) days of receiving notice that primary coverage has been lost, thereby enabling the continuation of benefits to the employee.

The City will consider adding supplemental insurance pr oducts to the Cafeteria Plan to the extent such benefits can be offered within an IRC 125 Plan on a pre-tax basis.

16.7 Long-Term Disability

The City shall pay to the Union the sum of twenty-nine dollars and fifty cents ($29.50),of nineteen dollars and fifty cents ($19.50), up to a maximum of forty dollars ($40.00),twenty-three dollars ($23.00) towards the monthly premium for each bargaining unit employee enrolled in the Union's long-term disability plan.

Said payments shall be made in arrears monthly. Should the monthly premium for the Union's long-term disability plan drop below fifteen dollars ($15.00) per month, the dollar difference shall be added one time to the employee’s rate of pay.

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30 16.8 Extended Benefits

The City will consider voluntary proposals from the Union's membership to utilize their leave and medical benefits to extend the leave and medical benefits for employees on protracted medical leave.

16.9 Employee Assistance Program

The City shall provide an Employee Assistance Program for employees covered by this MOU.

Section 17. Retirement

The City shall continue contracting with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for all bargaining unit employees.

17.1 Retirement Plans a nd Employee Contributions

A. Employees hired before December 22, 2012 (Tier 1 Classic)

Employees hired prior to December 22, 2012 are provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period. Such employees shall contribute

9.0% of their CalPERS reportable compensa tion towards the employee share and an additional 3.0% of their Ca lPERS reportable compensation towards the employer share (12% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

Effective July 11, 2020, Tier 1 Classic employe es shall contribute an additional one-half percent (0.5%) of their CalPERS reportabl e compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

B. Employees hired on or after December 22, 2012 (Tier 2 Classic)

Employees hired on or after December 22, 2012 and before January 1, 2013, and employees hired on or after January 1, 2013 who are otherwise “classic” employees, are provided the CalPERS 3% @ 55 local safety plan with the 36-month final comp ensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12% total employee cont ribution) for the CalPERS 3% @ 55 local safety plan.

Effective July 11, 2020, Tier 2 Classic employe es shall contribute an additional one-half percent (0.5%) of their CalPERS reportabl e compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA)

Employees hired on or after January 1, 2013 who are defined as “new” members by CalPERS are provided the CalPERS 2.7% @ 57 local safety plan with the 36-month final ATTACHMENT 1
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31 compensation period. Such employees shall contribute 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.

D. PERS Status for Fire Prevention Personnel

The classifications of Fire Inspector and Hazardous Materials Inspector are included in the CalPERS safety plans maintained for the line personnel.

17.2 Additional Retirement Benefits

All employees shall receive the following additional contracted for optional CalPERS benefits:

Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Level
Section 21548, Pre-retirement Option 2W Death Benefit

17.3 Pre-tax Employee Contribution

All contributions paid by employees towards the cost of CalPERS pension benefits will be deducted on a pre-tax basis to the extent permitted by law.

Section 18. Fire Inspectors

The Department recognizes the importance of maintaining a core of trained fire investigators.

Therefore, Fire Inspectors will be encouraged to participate as members of the Alameda County Arson Task Force.

Section 19. Uniforms

19.1 Uniform Allotment

The Department shall provide the following uniform items to new bargaining unit members at the time of employment: three (3) uniform shirts, three (3) uniform pants, a uniform belt and boots. The Department shall provide the foregoing items at no cost to new employees. However, ne wly hired employees are required to pay fifty percen t (50%) of the cost of th e Department-required items: one (1) ball cap, three (3) t-shirts, one (1) winter jacket, and approved workout gear. The Department shall replace uniform pants and boots for employees as needed on a one for one basis.

19.2 Uniform Maintenance Allowance

The Department shall provide bargaining unit employees with a uniform allowance as follows:

Fire Suppression personnel: $650 per year (paid on a bi-weekly basis).

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32 Fire Inspectors and Hazardous Materials Inspec tors: $800 per year (paid on a bi-weekly basis).

19.3 Uniform Changes

Uniform changes initiated by the Department shall be made at the expense of the Department.

All bargaining unit employees shall wear the same uniforms.

Section 20. Credit Union

The City shall implement a volunt ary payroll deduction op tion for employees who wish to join the Firefighter First Credit Union, Fi rst United Services Credit Union or UNCLE Credit Union for the purposes of transacting business with these credit unions.

Section 21. Tuition Reimbursement

Regular employees are eligible for tuition and fee reimbursement for colleg e or university courses successfully completed with a grade of “C” or better, provided said courses have been approved in advance by the Fire Chief and are taken from an educational institution accredited by the Western Association of Schools and Colleges, or any other accrediting agency approved by Human Resources.

Tuition is reimbursed in the amount up to, but not to exceed, the annual registration fees levied by California State University, East Bay for degrees available at the time the employee enrolled in the course(s) for which the tuition reimbur sement is requested. Eligible fees shall be limited to: university fee; student body fee; IRA (instructi onal related activity) fee; facility fee; university union fee; health services fee and ID fee.

The maximum tuition and fee reimbursement an empl oyee may receive per fiscal year shall not exceed the annual maximum levied by Californ ia State University, East Bay fo r the four quarter academic year beginning with the proceeding fall quarter. Employees accepted and enrolled in an undergraduate program are eligible to receive reimbursement up to the full-ti me equivalent for undergraduate tuition and fees at CSU East Bay. Employees accepte d and enrolled in a graduate pr ogram are eligible to receive reimbursement up to the full-time equivalent for graduate tuition and fees at CSU East Bay.

Requests for tuition and fee reimbursement are to be submitted at the completion of each quarter or semester during which the courses were completed. An official receipt verifying the tuition and fee charged, the tuition and fees paid, and a transcript of grades shall accompany the reimbursement request.

Section 21.1 Educational Incentive

Effective the first full pay period following Union ratification of this MOU August 11, 2018 employees who complete qualifying courses or attain the identi fied degrees shall receive educational incentive pay on a monthly basis as follows:

Sixty (60) or more accredited college $50/month
semester units-at least twenty-four (24)
units must be in fire science
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33 AA/AS Degree in Fire Science $ 10075/month

BA/BS Degree $ 150125/month

Masters/PhD $175/month

The above education incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

21.2 City of Pleasanton Fire Department Employees (Grandfathered Plan)

Former members of the City of Pleasanton Fire Depa rtment shall continue re ceiving the grandfathered educational incentive pay described below or the education incentive pay provided in Section 22.1 above, whichever is greater.

Employees having enrolled in the educational incentive pa y plan on or before July 1, 1988, shall upon completion of five (5) years of serv ice with the City of Pleasanton Fire Department, receive educational incentive pay as provided below:

Eligible
Educational Level Positions Pay %

A.A. or A.S. in Fire Science Firefighter 2-1/2% Fire Engineer

Sixty (60) accredited Fi refighter 2-1/2%
semester units of which 24 units Fire Engineer
must be in Fire Science

Ninety (90) accredited quarter Firefighter 2-1/2% units of which thirty-six ( 36) must Fire Engineer
be in the field of Fire Science

B.S. or B.A. Degrees Firefighter 5%
Fire Engineer 5%
Fire Captain 2-1/2%

One Hundred Eighty (180) quarter Firefighter 5% hour units to include: Fire Engineer 5%
--a minimum of 90 upper divi sion Fire Captain 2-1/2% quarter hour units; and
--a minimum of 72 quarter hour units
in a major field of study of which a
minimum of 36-quarter hour units
must be upper division courses

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34 One Hundred Twenty (120) semest er Firefighter 5% hour units to include: Fire Engineer 5%
-- a minimum of 60 upper divi sion Fire Captain 2-1/2% semester hour units; and
-- a minimum of 48 semester hour units
in a major field of study of which a
minimum of 24 semester hour units
must be upper division courses

The above educational levels are not cumulative. The maximum educational incentive pay received by a Firefighter or Fire Engineer shall not exceed five percent (5%); the maximum educational incentive pay received by a Fire Captain shall not exceed two and one-half percent (2.5%) nor shall an employee receive incentive pay for more than one educational level at the two and one half perc ent (2.5%) rate nor more than one educational level at the five (5%) rate.

Section 22. Probationary Period

22.1 Length of Probationary Period

All original appointments to fire suppression positions shall be tentative and subject to a probationary period of eighteen (18) months actual service. The probationary period for fire prevention personnel shall be twelve (12) months.

Promotional appointments shall be s ubject to a probationary period of tw elve (12) months service time.

Personnel who serve in a long term acting assignment any time during the two (2) years prior to their promotion with receive credit towa rds the twelve (12) month promotio nal probationary period for their long term acting assignment s up to a combined maximum of six (6) months. All other provisions of probationary period will apply.

22.2 Notification Requirements

An employee who is not rejected prior to the comple tion of the prescribed probationary period shall be deemed to have passed the prescribed probation period automatically subject to the provisions of Section

22.3. 22.3 Extension of Probationary Period

The Fire Chief may extend the probationary period once for a period not to exceed ninety (90) days, in order to further evaluate the performance of the probationary employee.

22.4 Rejection of Probationary Employee - Promotional Appointment

Any employee rejected during the pr obationary period following a prom otional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted.

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35 At any time during the first three (3) months of the employee’s probationary period, the employee shall have the option of voluntarily returning to their previously held position.

Section 23. Promotion, Demotion and Long-Term Acting Assignments

A. Promotion

Promotional or open-promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employ ees who meet the requirements set forth in the examination announcements may compete in promotional examinations.

Insofar as consistent with the best interests of the Department as determined by the Fire Chief, vacancies in the Department shall be filled by promotion from within the Department after a promotional examination has been given and a promotional list established.

Upon completion of all promotiona l testing, the names of the pers ons having the highest three (3) scores on the eligibility list shall be submitted to the Fire Chief for cons ideration. Promotional examination scores will be calculated to the nearest tenth of a point (example – 95.2 points).

Time in grade requirements for promotion will be three (3) years with the Department for Fire Engineer, and five (5) years with the Department for Fire Captain. If, in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open-competitive examination instead of promotional examination, the Fire Chief shall arrange an open-competitive employment list consistent with the Personnel Rules.

B. Demotion

Bargaining unit employees who are promoted to a chief officer classification out of the bargaining unit and subsequently demote during their first twelve ( 12) months of service as a chief officer shall be reinstated to a bargaining unit position in the cl assification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification.

Employees who are demoted from a chief officer classification into a bargaining unit position, as well as existing bargaining unit employees demoted to lower classifications within the bargaining unit, will have their overtime factor set to the highest level for their rank assignment, plus one (1) hour.

The rank seniority and overtime factor provisions of this section apply to employees who voluntarily demote and those who are involuntarily demoted from their positions during their 12-month promotional probationary period. However, employees who demote after attaining permanent status in their promoted position will be places in an open position in their former classification and will not be credited with any previously earned rank seniority. Such employees “start-over” for rank seniority and their overtime factor will be reset as in the paragraph above.

Chief officers hired from outside the bargaining unit cannot demote into a fire suppression position within the bargaining unit. They do not have a former fire suppression classification in the bargaining unit to which they may be returned.

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36 C. Long-Term Acting Assignments

Qualified personnel may be placed in long-term ac ting assignments to fill long-term vacancies resulting from workers compensation injuries, modi fied duty assignments, medical leave, or other approved long-term absences. Long-term vacancies are defined as those lasting longer than ten (10) consecutive shifts. Once it is dete rmined that a vacancy will last longer than ten (10) consecutive shifts, a long-term acting assignment may be made to fill the vacancy prior to the tenth shift.

Personnel filling long-term acting assignments may be moved across shifts and will receive all pay and benefits of the position to which they are assigned as if promoted to the position. Acting assignments are limited to ninety (90) calendar da ys when other eligible employees are available, qualified, and interested in the acting assignment. Personnel may rotate into an acting assignment more than once and for longer than ninety (90) days depending on the availability of other employees to fill the acting assignment. Personnel w ho participate in an acting assignment will receive probationary credit in the higher classification up to a maximum of six (6) months, regardless of the total combined duration of the acting assignments. Personnel who provide satisfactory service in an acting assignment for a continuous twelve (12) months are eligible for salary advan cement in accordance with Section

5.4 of this MOU for the remaining duration of the acting assignment.

Long-term acting assignments shall not be used for day-to-day vaca ncies such as those created by vacation or sick leave relie f and are not intended to cause an adverse impact to any one rank (more than two long-term vacancies in that rank on the same division).

The use of short-term acting assignments is identified in Section 7.3 D, Rank-for-Rank Overtime and Short-Term Acting Assignments.

The operational procedures of acting assignments are outlined in Department policy.

Section 24. Resignation, Reinstatement and Layoff

24.1 Automatic Resignation

Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may resc ind such a resignation if the employee submits satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was effected.

24.2 Voluntary Resignation

An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2) weeks in advance of the effective date of the resignation.

24.3 Reinstatement
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37 With the approval of the Fire Chief, an employee who has resi gned in good standing ma y be reinstated within two (2) years of the effective date of resign ation to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment.

When an employee is reinstated within a two year period, the employee’s seniority date shall be the date of the reinstatement, not the original appointment da te except for se rvice time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD.

Reinstated employees may use prior service credit for promotional eligibility purposes.

Reinstated employees may petition the Fire Chief after six months to be removed from probationary status.

24.4 Layoff

The Fire Chief may lay off an employee because of ma terial changes in duties, organization or shortage of work or funds.

“Notice of Intent to Lay Off” will be provided to employees who may be impacted and the Union at least 16 weeks prior to the anticipated date of lay off, thus allowing employe es to register for the Displaced Firefighters List.

The employee having the least length of total continuous service with the Department in the classification, in which the Fire Chief is laying off, shall be laid off first.

Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through displacement have changed classification shall have their name pl aced upon a re-employment list in seniority order.

The employee with the highest seniority on a re-employment list fo r a particular classification when a vacancy exists in that classification shall be offered the appointment. Each name shall be carried on a re- employment list for a period of one (1 ) year from the date of lay off fr om Department service or change of classification through displacement. The Fire Chief may exte nd the name(s) on a re -employment list for an additional one (1) year. No na me shall be carried on a re-employment list for a period longer than two (2) years from the date of lay off from Depart ment service or change of classification through displacement unless authorized by the City Manager.

Section 25. Discipline

The Department has the right to discipline, demote or discharge employees for cause.

Letters of Written Reprimand

All Letters of Written Reprimand in an employee’s personnel file will be removed from the file three (3) years after the date of issuance at the request of the affected employee. Letters of Written Reprimand not removed after the three (3) year period will be disregarded.

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38 Section 26. Grievances

26.1 A grievance is any dispute, whic h involves the inte rpretation or applicati on of any provision of this Memorandum of Understand ing excluding, however, those provisions of this Memorandum of Understanding, which specificall y provide that the decision of any Fire Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

Any dispute which involves the interpretation or application of department policies outside this Memorandum of Understanding is not considered a grievance and is subject to an informal dispute process as follows:

1. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination.

2. The dispute may be appealed, in writing, to th e Fire Chief. The Fire Chief will render a determination.

3. The dispute may be appealed, in writing, to the City of Pleasanton City Manager’s Office. The City Manager or his/her designee will render a determination which shall be final.

26.2 Grievances shall be processed in the following manner:

1. Within thirty (30) days of the knowledge of an event giving rise to a grievance, an employee or the union may request in writing a meeting to discuss the grievance with the Deputy Fire Chief. The Deputy Fire Chief or his/her de signee shall investigate the grievance and the Deputy Fire Chief shall render a decision within fourteen (14) calendar days from the date the grievance was received.

2. No grievance involving demotion, reduction in pay, suspension, or discharge of an employee will be entertained unless it is filed in writing with the Fire Chief within seven (7) working days of the time at which the affected employee was notified of such action.

3. Within fourteen (14) calendar days from receipt of the Deputy Fire Chief's decision in Step 1 above, the employee or of ficial of the Union may notify th e Fire Chief in writing that a grievance exists, stating the particulars of the grievance, citing the specific section of this Memorandum of Understanding he/she believes to have been violated, and, if possible, the nature of the determination desired. The Fire Chief shall have fourteen (14) days from receipt of notification in which to investigate the issu es, meet with the complainant and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under paragraph (4 below), which has not first been filed and in vestigated in accordance with this paragraph (3).

4. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to a Review Board comprised of two (2) members of the Union and two (2) Fire ATTACHMENT 1
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39 Department management representatives appointed by the Fire Chief. Notification to the Fire Chief of the need to proceed to this step must occur within 30 days of the Fire Chief’s decision in (3) above, or the grievance is considered settled.

The Review Board shall be convened within tw enty-one (21) calendar days from the day the grievance was submitted to said Board. The Board shall render its findings and recommendations in writing to the Joint Executive Directors within fourteen (14) calendar days from the date it completed its review of the gr ievance, subject to the agreement set forth in Appendix C.

5. The Joint Executive Directors shall within fourteen (14) calendar days of receipt of the Review Board's written findings and recommendations review the findings and recommendations and render a written decision on the grievance.

6. The Union may appeal the decisi on of the Joint Executive Directors by requesting that the grievance be referred to an impartial arbitrator. The Union's decision to refer the grievance to arbitration shall be made within fourteen (14) days of the notification of the Joint Executive Directors decision. The arbitrator shall be designated by mutual agreement between the Union and the Joint Executive Directors. The fees an d expenses of the arbitr ator and court reporter shall be shared equally between the Fire Department and the Union. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

7. Decisions of arbitrators on matters properly be fore them shall be final and binding on the parties hereto, to the extent permitted by law, Ordinances an d Resolutions of the Livermore- Pleasanton Fire Department JPA.

26.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties.

26.4 No Review Board and no arbitrator shall entert ain, or hear, any dispute unless such dispute involves a position in the unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Subsection 26.1.

26.5 Proposals to add to or change this Memorandum of Understand ing or written agreements or addenda supplementary hereto, sh all not be arbitrable and no proposal to modify amend or terminate this Memorandum of Un derstanding, nor any matter or subject arising out of or in connection with such proposal ma y be referred to arbitration under this Section. Neither any Review Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreement or addenda s upplementary hereto or to establish any new terms or conditions of employment.

26.6 If the Fire Chief in pursuance of the procedures outlined in subsection 26.2 above resolves any grievance, which involves suspension or discharge, the Fire Chie f may agree to payment for lost time or to reinstatement with or without payment for lost time.

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40 26.7 All complaints involving or concerning the paymen t of compensation shall be initially filed in writing with the Fire Chief. Complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances.

Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from the date upon which the complaint was filed except in instances where retro active adjustments are mandated by federal or state law, or required by outside entities.

In the event the City overpays an employee above the compensation outlined in this Memorandum of Understanding, the City may collect up to six (6) months of overpayment dated from the date of discovery.

Any other matters of compensation are to be resolved in the meet and confer process and detailed in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is opened for such discussion.

26.8 No changes in this Memorandum of Understanding or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Fire Department Fire Chief and the Union.

26.9 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the Fire Department’s governing board.

All grievances of employees represented by the Union shall be processed under this section.

Section 27. Medical Examination

27.1 Fitness for Duty Exams

The Fire Chief retains the right to subject employees to job-related fitness for duty medical examinations to ensure employees can safely perform the essential f unctions of their job classifications as specified in established job descriptions. In th e event the Fire Chief, after cons ultation with the Human Resources Director, determines there are identifiable reasons to believe an employee may be unable to safely perform the essential functions of their job classification, an employee shall submit to a fitness for duty medical examination at any time while on duty. The notice provi ded to the employee directing them to submit to a medical examination does not need to include the identifiable reas on(s) for the referral. A physician selected by the Department shal l conduct the fitness for duty examin ation and the full cost of the examination shall be borne by the Department, as shall any medical exa mination required by the Employer. A copy of the medical examination report shall be given to the employee. Should the employee disagree with the opinion of the Department’s phys ician, the employee may consult with their own physician (at the employee's expense) . If the employee’s private physic ian's report conflicts with the Department's physician in terms of ability to perfo rm the duties of the employee's regular job, the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee a nd the Department will share the co sts for the third examination.

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41 The decision of the third physician concerning th e employee’s fitness for duty shall determine the employee’s ability to return to work.

27.2 Wellness-Fitness/Modified Duty Program
On August 1, 2001, the Department and the Union a dopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative (3
rd Edition as amended). Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union.

The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevents employees from performing their regular duties. The program is outlined in the Department General Orders.

The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppress ion duties, the Fire Chief will be notified that the employee is not fit fo r duty. No other informati on will be provided to the Fire Chief or Employer without the employee’s consent.

The Department shall provide a mandatory physical fitness program to the employees.

27.3 Substance Testing

Bargaining unit employees are subject to the Substan ce Testing Policy attached as Appendix E to this MOU.

Section 28. Outside Employment

Employees who plan to e ngage in regular employment during thei r off duty time must notify the Fire Chief of said employment in writing on the Department’s Outside Employment Form.

No employee shall accept outside employment that creates a conflict with their full-time employment with the Department.

Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment.

Section 29. Disability Accommodations

The Union recognizes that the City has an obligati on under law to meet with individual employees who request reasonable accommodation in the work place becau se of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU, th e Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department.

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42 Section 30. Miscellaneous

30.1 Deferred Compensation Program

All employees are eligible to participate in th e Employer's deferred co mpensation program. Any employee who chooses to participate in a deferred co mpensation plan shall pay the administrative fee, if any, the Employer may require.

Effective July 2, 2016, the City sh all contribute 0.5% of the employe es’ base compensation into a 457 deferred compensation plan. The contribution is tax-deferred, and counts towards the 457 annual maximum deferral as designated by the IRS. Empl oyees without an existing 457 account with a City- sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required.

30.2 Helmets

Department-issued leather helmets are to remain with each individual at retirement.

30.3 EMT Certification

Emergency Medical Technician (“EMT”) certification is a mandatory c ondition of employment for fire suppression personnel. The Departme nt will provide all necessary trai ning and testing relating to the recertification process at no cost to employees. If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards. The expenses, in such cases, will be the responsibility of the employee. The six (6) month grace period, if requested, may be extended due to cour se availability but, employees must enroll and participate in the first available course.

30.4 Staffing

The parties agree that the desired minimum staffing is (3) personnel assigned to each type one engine company and a minimum of four (4) personnel assi gned to each truck company within the Department.

The parties agree that four (4) person engine staffing may be appr opriate based on Community Risk Assessment such as geography, potential isolation of personnel during significa nt incidents, and for specialized programs (e.g. hazardous materials response). Staffing levels are ulti mately at the discretion of each City, and based on community need, economic conditions and City funding. Nothing in this MOU modifies any company staffing agreements unique to each City.

30.5 Fire Prevention Seniority

Seniority for all current Fire Prevention personnel will be determined by their date of appointment into a full time Fire Inspector or Hazardous Material Inspector position with Livermore or Pleasanton.

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43 30.6 Total Compensation Survey

Total compensation includes salary, and a variety of other benefits . Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement (CalPERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add-on costs for different tasks or services performed (e.g. paramedics, hazardous materials).

Total compensation information will be gathered from similar agencies to determine how the Employer’s benchmark classifications compare with comparable pos itions in other agencies. The agencies used for comparison are listed below.

Berkeley
Fairfield
Fremont
Hayward
Palo Alto
Richmond
San Ramon Valley Fire Protection District
Santa Clara (City)
Santa Rosa
Vallejo

The specific classifications selected as the benchmark classes (classifications used for total compensation comparisons) will be determined through classification analyses based on the duties, responsibilities and minimum requirements for the benchmark classes and not merely classification titles.

Total compensation arrays will be provided to the Uni on three (3) months prior to the expiration of the MOU.

30.7 Continuity of Operations

The Union, its members and representatives, agree that they will not engage i n, authorize, sanction, or support any strike, slowdown, stoppage of work, curt ailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or concerted refusal to perform custom ary duties during the term of this MOU. Further, neither the Union nor any representative thereof shall engage in any job action for the pur pose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU.

Section 31. Hazardous Material Response Team

The Department intends to provide the ability to respond to and mitigate hazardous materials (Haz-Mat) incidents above the first responder level. To accomplish this, the Department will staff each shift with up to five (5) Hazardous Materials Specialists.

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44 31.1 Hazardous Materials St affing and Assignments

A. The parties have agreed to maintain the “Company” concept of the Haz-Mat team (i.e. Captain, Engineer, Firefighter/Paramedic and Firefighter). The maximum number of Haz-Mat team members per shift is five (5). Four (4) of the team members (Haz-Mat Captain, Engineer, Firefighter/Paramedic and Firefighter) are assigned to the designated Haz-Mat station. The fifth team member, determined by Department seniority, is not rank specific and may be assigned to the Haz-Mat station based on organizational need using the bid process whenever possible.

B. The four (4) team member positions (Haz-Mat Captain, Engineer, Firefighter/Paramedic, and Firefighter) at the designated Haz-Mat Station will only be filled and back-filled by Haz-Mat Team members or individuals holding the appropriate Haz-Mat certification.

C. Procedures regarding staffing, assignments, training, withdrawal and other Haz-Mat specific topics are included in the Department’s Haz-Mat program policy.

31.2 Compensation

Personnel assigned to the Hazardous Materials Response Team will be compensated at five percent (5%) above their respective base rates of pay, subject to MOU Section 5.1.

31.3 Withdrawal Process

A Haz-Mat team member as defined in Section 31.1 shall be permitted to withdrawal from the Haz-Mat program following one (1) year of Haz-Mat service and with the approval of the Fire Chief. Withdrawal from the Haz-Mat program is governed by the Department’s Haz-Mat program policy.

Section 32. Bargaining Waiver and Separability of Provisions

Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU.

Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a c ourt of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect.

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45 Section 33. Existing Memorandum of Understanding

This MOU shall supersede all existing memoranda of understanding between the JPA and the Union for employees represented by the Union for the period commencing January 1, 2022 and ending June 30, 2025 July 1, 2018 through December 31, 2021.

LOCAL 1974, INTERNATIONAL

ASSOCIATION OF FIREFIGHTERS,

AFL-CIO-CLC

LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS

AUTHORITY

By____________________________
Joseph McThorn

By____________________________
Gerry BeaudinNelson Fialho

By____________________________
Craig FreemanErik Andersen

By____________________________
Isaac Mendel

By____________________________
Marianna MaryshevaMarc Roberts

By____________________________
Debra Gill

By____________________________
Loy Proudfoot

By____________________________
Kristen HiltonDoug Alessio

By____________________________
James SmithJohn Withers

By____________________________
Jonathan Heller

By____________________________
Scott Canfield

By____________________________
Gerardo Preciado

By____________________________
Joseph Testa

By____________________________
Jeffrey Peters

ATTACHMENT 1
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46 Appendix A

Salary Schedules

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47 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE -EFFECTIVE UPON CONTRACT RATIFICATION*

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 32.730 $ 3,665.760$ 7,942.480 $ 95,309.76 $ 2 34.370$ 3,849.440$ 8,340.453$ 100,085.44$ 3 36.090$ 4,042.080$ 8,757.840$ 105,094.08$ 4 37.890$ 4,243.680$ 9,194.640$ 110,335.68$ 5 39.790$ 4,456.480$ 9,655.707$ 115,868.48$ 6 41.790$ 4,680.480$ 10,141.040$ 121,692.48$ FIREFIGHTER-8HR 1 45.830$ 3,666.400$ 7,943.867$ 95,326.40$ 2 48.120$ 3,849.600$ 8,340.800$ 100,089.60$ 3 50.520$ 4,041.600$ 8,756.800$ 105,081.60$ 4 53.050$ 4,244.000$ 9,195.333$ 110,344.00$ 5 55.710$ 4,456.800$ 9,656.400$ 115,876.80$ 6 58.500$ 4,680.000$ 10,140.000$ 121,680.00$ FIRE ENGINEER 7 44.550$ 4,989.600$ 10,810.800$ 129,729.60$ 8 46.770$ 5,238.240$ 11,349.520$ 136,194.24$ FIRE ENGINEER-8HR 7 62.360$ 4,988.800$ 10,809.067$ 129,708.80$ 8 65.490$ 5,239.200$ 11,351.600$ 136,219.20$ FIRE CAPTAIN 9 49.840$ 5,582.080$ 12,094.507$ 145,134.08$ 10 52.340$ 5,862.080$ 12,701.173$ 152,414.08$ FIRE CAPTAIN-8HR 9 69.770$ 5,581.600$ 12,093.467$ 145,121.60$ 10 73.280$ 5,862.400$ 12,701.867$ 152,422.40$ FIRE INSPECTOR 1 52.780$ 4,222.400$ 9,148.533$ 109,782.40$ 2 55.420$ 4,433.600$ 9,606.133$ 115,273.60$ 3 58.200$ 4,656.000$ 10,088.000$ 121,056.00$ 4 61.110$ 4,888.800$ 10,592.400$ 127,108.80$ 5 64.160$ 5,132.800$ 11,121.067$ 133,452.80$ HAZMAT INSPECTOR 1 52.780$ 4,222.400$ 9,148.533$ 109,782.40$ 2 55.420$ 4,433.600$ 9,606.133$ 115,273.60$ 3 58.200$ 4,656.000$ 10,088.000$ 121,056.00$ 4 61.110$ 4,888.800$ 10,592.400$ 127,108.80$ 5 64.160$ 5,132.800$ 11,121.067$ 133,452.80$ HAZMAT COORDINATOR 1 57.380$ 4,590.400$ 9,945.867$ 119,350.40$ 2 60.240$ 4,819.200$ 10,441.600$ 125,299.20$ 3 63.250$ 5,060.000$ 10,963.333$ 131,560.00$ 4 66.410$ 5,312.800$ 11,511.067$ 138,132.80$ 5 69.730$ 5,578.400$ 12,086.533$ 145,038.40$

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48 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JANUARY 7, 2023

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL

FIREFIGHTER 1 33.880 $ 3,794.560$ 8,221.547 $ 98,658.56 $ 23 5 . 5 7 0$ 3,983.840$ 8,631.653 $ 103,579.84 $ 33 7 . 3 5 0$ 4,183.200$ 9,063.600 $ 108,763.20 $ 43 9 . 2 2 0$ 4,392.640$ 9,517.387 $ 114,208.64 $ 54 1 . 1 8 0$ 4,612.160$ 9,993.013 $ 119,916.16 $ 64 3 . 2 5 0$ 4,844.000$ 10,495.333 $ 125,944.00 $ FIREFIGHTER-8HR 1 47.430 $ 3,794.400$ 8,221.200 $ 98,654.40 $ 24 9 . 8 0 0$ 3,984.000$ 8,632.000 $ 103,584.00 $ 35 2 . 2 9 0$ 4,183.200$ 9,063.600 $ 108,763.20 $ 45 4 . 9 1 0$ 4,392.800$ 9,517.733 $ 114,212.80 $ 55 7 . 6 6 0$ 4,612.800$ 9,994.400 $ 119,932.80 $ 66 0 . 5 5 0$ 4,844.000$ 10,495.333 $ 125,944.00 $ FIRE ENGINEER 7 46.110 $ 5,164.320$ 11,189.360 $ 134,272.32 $ 84 8 . 4 1 0$ 5,421.920$ 11,747.493 $ 140,969.92 $ FIRE ENGINEER-8HR 7 64.540 $ 5,163.200$ 11,186.933 $ 134,243.20 $ 86 7 . 7 8 0$ 5,422.400$ 11,748.533 $ 140,982.40 $ FIRE CAPTAIN 9 51.580 $ 5,776.960$ 12,516.747 $ 150,200.96 $ 10 54.170$ 6,067.040$ 13,145.253 $ 157,743.04 $ FIRE CAPTAIN-8HR 9 72.210 $ 5,776.800$ 12,516.400 $ 150,196.80 $ 10 75.840 $ 6,067.200$ 13,145.600 $ 157,747.20$

FI
RE INSPECTOR 1 54.630$ 4,370.400$ 9,469.200$ 113,630.40$ 25 7.360$ 4,588.800$ 9,942.400$ 119,308.80$ 36 0.240$ 4,819.200$ 10,441.600$ 125,299.20$ 46 3.250$ 5,060.000$ 10,963.333$ 131,560.00$ 56 6.410$ 5,312.800$ 11,511.067$ 138,132.80$ HAZMAT INSPECTOR 1 54.630$ 4,370.400$ 9,469.200$ 113,630.40$ 25 7.360$ 4,588.800$ 9,942.400$ 119,308.80$ 36 0.240$ 4,819.200$ 10,441.600$ 125,299.20$ 46 3.250$ 5,060.000$ 10,963.333$ 131,560.00$ 56 6.410$ 5,312.800$ 11,511.067$ 138,132.80$ HAZMAT COORDINATOR 1 59.390$ 4,751.200$ 10,294.267$ 123,531.20$ 26 2.350$ 4,988.000$ 10,807.333$ 129,688.00$ 36 5.460$ 5,236.800$ 11,346.400$ 136,156.80$ 46 8.730$ 5,498.400$ 11,913.200$ 142,958.40$ 57 2.170$ 5,773.600$ 12,509.467$ 150,113.60$ ATTACHMENT 1
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49 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JANUARY 6, 2024

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 34.900 $ 3,908.800$ 8,469.067 $ 101,628.80 $ 23 6 . 6 4 0$ 4,103.680$ 8,891.307 $ 106,695.68 $ 33 8 . 4 7 0$ 4,308.640$ 9,335.387 $ 112,024.64 $ 44 0 . 4 0 0$ 4,524.800$ 9,803.733 $ 117,644.80 $ 54 2 . 4 2 0$ 4,751.040$ 10,293.920 $ 123,527.04 $ 64 4 . 5 5 0$ 4,989.600$ 10,810.800 $ 129,729.60 $ FIREFIGHTER-8HR 1 48.850 $ 3,908.000$ 8,467.333 $ 101,608.00 $ 25 1 . 2 9 0$ 4,103.200$ 8,890.267 $ 106,683.20 $ 35 3 . 8 6 0$ 4,308.800$ 9,335.733 $ 112,028.80 $ 45 6 . 5 6 0$ 4,524.800$ 9,803.733 $ 117,644.80 $ 55 9 . 3 9 0$ 4,751.200$ 10,294.267 $ 123,531.20 $ 66 2 . 3 7 0$ 4,989.600$ 10,810.800 $ 129,729.60 $ FIRE ENGINEER 7 47.490 $ 5,318.880$ 11,524.240 $ 138,290.88 $ 84 9 . 8 6 0$ 5,584.320$ 12,099.360 $ 145,192.32 $ FIRE ENGINEER-8HR 7 66.480 $ 5,318.400$ 11,523.200 $ 138,278.40 $ 86 9 . 8 1 0$ 5,584.800$ 12,100.400 $ 145,204.80 $ FIRE CAPTAIN 9 53.130 $ 5,950.560$ 12,892.880 $ 154,714.56 $ 10 55.800$ 6,249.600$ 13,540.800 $ 162,489.60 $ FIRE CAPTAIN-8HR 9 74.380 $ 5,950.400$ 12,892.533 $ 154,710.40 $ 10 78.120$ 6,249.600$ 13,540.800 $ 162,489.60 $ F
IRE INSPECTOR 1 56.270$ 4,501.600$ 9,753.467$ 117,041.60$ 25 9.080$ 4,726.400$ 10,240.533$ 122,886.40$ 36 2.050$ 4,964.000$ 10,755.333$ 129,064.00$ 46 5.150$ 5,212.000$ 11,292.667$ 135,512.00$ 56 8.400$ 5,472.000$ 11,856.000$ 142,272.00$ HAZMAT INSPECTOR 1 56.270$ 4,501.600$ 9,753.467$ 117,041.60$ 25 9.080$ 4,726.400$ 10,240.533$ 122,886.40$ 36 2.050$ 4,964.000$ 10,755.333$ 129,064.00$ 46 5.150$ 5,212.000$ 11,292.667$ 135,512.00$ 56 8.400$ 5,472.000$ 11,856.000$ 142,272.00$ HAZMAT COORDINATOR 16 1.170$ 4,893.600$ 10,602.800$ 127,233.60$ 26 4.220$ 5,137.600$ 11,131.467$ 133,577.60$ 36 7.420$ 5,393.600$ 11,686.133$ 140,233.60$ 47 0.790$ 5,663.200$ 12,270.267$ 147,243.20$ 57 4.340$ 5,947.200$ 12,885.600$ 154,627.20$ ATTACHMENT 1
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50 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JANUARY 4, 2025

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 35.250 $ 3,948.000$ 8,554.000$ 102,648.00$ 23 7.010$ 4,145.120$ 8,981.093$ 107,773.12$ 33 8.850$ 4,351.200$ 9,427.600$ 113,131.20$ 44 0.800$ 4,569.600$ 9,900.800$ 118,809.60$ 54 2.840$ 4,798.080$ 10,395.840$ 124,750.08$ 64 5.000$ 5,040.000$ 10,920.000$ 131,040.00$ FIREFIGHTER-8HR 1 49.340$ 3,947.200$ 8,552.267$ 102,627.20$ 25 1.800$ 4,144.000$ 8,978.667$ 107,744.00$ 35 4.400$ 4,352.000$ 9,429.333$ 113,152.00$ 45 7.130$ 4,570.400$ 9,902.533$ 118,830.40$ 55 9.980$ 4,798.400$ 10,396.533$ 124,758.40$ 66 2.990$ 5,039.200$ 10,918.267$ 131,019.20$ FIRE ENGINEER 7 47.960$ 5,371.520$ 11,638.293$ 139,659.52$ 85 0.360$ 5,640.320$ 12,220.693$ 146,648.32$ FIRE ENGINEER-8HR 7 67.140$ 5,371.200$ 11,637.600$ 139,651.20$ 87 0.510$ 5,640.800$ 12,221.733$ 146,660.80$ FIRE CAPTAIN 9 53.660$ 6,009.920$ 13,021.493$ 156,257.92$ 10 56.360$ 6,312.320$ 13,676.693$ 164,120.32$ FIRE CAPTAIN-8HR 9 75.120$ 6,009.600$ 13,020.800$ 156,249.60$ 10 78.900$ 6,312.000$ 13,676.000$ 164,112.00$ F
IRE INSPECTOR 1 56.830$ 4,546.400$ 9,850.533$ 118,206.40$ 25 9.670$ 4,773.600$ 10,342.800$ 124,113.60$ 36 2.670$ 5,013.600$ 10,862.800$ 130,353.60$ 46 5.800$ 5,264.000$ 11,405.333$ 136,864.00$ 56 9.080$ 5,526.400$ 11,973.867$ 143,686.40$ HAZMAT INSPECTOR 1 56.830$ 4,546.400$ 9,850.533$ 118,206.40$ 25 9.670$ 4,773.600$ 10,342.800$ 124,113.60$ 36 2.670$ 5,013.600$ 10,862.800$ 130,353.60$ 46 5.800$ 5,264.000$ 11,405.333$ 136,864.00$ 56 9.080$ 5,526.400$ 11,973.867$ 143,686.40$ HAZMAT COORDINATOR 16 1.780$ 4,942.400$ 10,708.533$ 128,502.40$ 26 4.860$ 5,188.800$ 11,242.400$ 134,908.80$ 36 8.090$ 5,447.200$ 11,802.267$ 141,627.20$ 47 1.500$ 5,720.000$ 12,393.333$ 148,720.00$ 57 5.080$ 6,006.400$ 13,013.867$ 156,166.40$ ATTACHMENT 1
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51 Appendix B
Catastrophic Leave Policy

The catastrophic leave program permits employees to donate hours of sick leave, vacation leave or compensatory time for the purpose of providing eligible employees, upon approval, additional hours of paid leave.

CATASTROPHIC ILLNESS OR INJURY

A catastrophic illness or injury is a major medical condition that disables the employee from working for a protracted period of time.

ELIGIBLE EMPLOYEE

An employee who because of a catastrophic illness or injury has exhausted his/her accrued sick leave, vacation leave, compensatory time, and:

1. Is ineligible for any city disability income benefits; and

2. Has an acceptable sick leave record as determined by the sick leave administrative committee upon the recommendation of the Fire Chief.

DONATING SICK LEAVE

Employees may donate sick leave, vacation leave or compensatory time to an eligible employee approved for catastrophic leave upon completion of the necessary form. Donations of sick leave once made are irrevocable.

REQUESTING/APPROVING CATASTROPHIC LEAVE

Requests for catastrophic leave must be in writing and be accompanied by a physician's certificate attesting to the catastrophic illness or injury.

ADMINISTRATION

The catastrophic leave shall be administered by a committee comprised of two representatives designated by Local 1974 and two representatives designated by the city manager. The committee shall be responsible for reviewing requests for catastrophic leave and determining the requesting employee's eligibility for such leave. The committee shall recommend to the City Manager of Pleasanton if the request should be approved, the number of catastrophic leave hours to be granted, and under what conditions. The Pleasanton City Manager’s decision regarding the request shall be final. (NOTE: Per IRS rules and regulations, all donations received by eligible employees are subject to regular payroll tax deductions.)

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52 Appendix C
Grievance Review Board Procedures

Each party shall exchange a list of witnesses and exhibits fourteen calendar days prior to the Review Board hearing. Witnesses or exhibits not set forth on the list shall not be called or used, respectively, at the hearing, except for rebuttal. Witnesses and exhib its not on the list shall not be called nor used, respectively, should the grievance proceed to arbitration, except for rebuttal.

Either party may be represented by an attorney or a designated representative and may use an attorney at the Review Board hearing. Any party so choosing to use an attorney shall notify the other party fourteen calendar days prior to the Review Board hearing and th e failure to do so shal l preclude that party from using an attorney at the hearing.

Either party may call witnesses and submit exhibits as provided in Section 1, and through the Board, may question the other party’s witnesses. Either party ma y present that party’s position in writing or orally.

The hearing will be conducted in a manner consistent with an individual’s rights under the law. The Review Board may continue the hear ing if the Board requests additiona l information from either party.

The Review Board hearing may be recorded electronically or by a court reporter/stenographer.

All members of the Review Board will conduct themselves professionall y, with the intent of reaching a fair and just resolution of the grievance submitted. Any Review Board member may question any witness.

Any Review Board member who is listed as a witness shall not serve as a Review Board member for that hearing.

At the conclusion of the hearing, the Review Board may en tertain oral argument of the parties and shall deliberate in order to reach a decision. The Review Board may deliberate in private. During deliberations, the Review Board shall review the facts and arguments presented.

After deliberation, the Review Bo ard shall (a) uphold the grievance, (b) deny the grievance, (c) fashion/mediate a resolution that is not in conflict with the labor agreement, or (d) deadlock. A majority vote is needed for items (a), (b) and (c). If the Review Board deadlocks, the grievance shall be submitted within 14 calendar days to the Joint Executive Directors. If, in deciding the grievance, the Review Board determines that either party violated a provision of the Memorandum of Understanding, that determination will be submitted in writing to the Joint Executive Directors within fourteen calendar days.

The Review Board may, by majority vote, adopt other reasonable informal procedures to (a) facilitate an efficient and speedy outcome of the grievance, including directions for submitting disputes in writing; (b) to establish time limitations; (c) to establish methods to preserve privacy in EEO related disputes; and (d) to adopt similar matters in furtherance of an appropriate management-labor relationship.

By mutual agreement of the parties, the Review Board hearing may be bypassed and the grievance advanced to the next level of the grievance process.

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Appendix D

53 LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: 200.01 EFFECTIVE DATE: XX /XX/20 PREV. DATE: 05/30/2019 SECTION: Personnel SUBJECT: General Operations Page 1 of 8 Page (s)

I. PURPOSE:

To establish procedural guidelines for staffing the Operations Bureau of the fire department.

Staffing Captains and Duty Chiefs will use good judgment and discretion when assigning shift- fill for situations not specifically addressed in this policy. Staffing decisions shall be based on all factors and what is best for the organization considering the impact to personnel.

II. RESPONSIBILITY:

A. It will be the responsibility of A LL personnel to follow this procedure.

B. All members are responsible for managing their Telestaff Calendar.

C. All members shall check their Telestaff Calendar at least once a day when on-duty.

D. Captains are responsible for making en tries for their assigned crew members.

E. Once staffing has been filled and out bounde d by the Staffing Captain(s), no changes shall be made without approval of the Staffing Captain(s) or Duty Chief.

F. All members are responsible for maintaining accurate contact information in both Telestaff and Communicator.

III. DEFINITIONS:

A. Shift Fill - Assignments made to maintain staffing levels, fill vacancies, or attend meetings and/or events required by the fire department. These assignments are voluntary. (Pick List = Available)

B. Mandatory Shift Fill - Assignments made when an individual is ordered to work involuntarily. These can be made for an amount of time. (Exception-Holdovers)

NOTE: Not all Mandatory Assignments result in Mandate Credit; i.e. Meetings Supervisors should provide feedback throughout the year and main tain supervisor notes of highlights they may wish to capture in the annual performance review document.

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54 C. Emergency Recall – A recall of personnel due to an Emergency Incident, within the fire department’s area of influence, requiring staffing of additional companies.

D. Holdover – The time an individual is held on-dut y, for up to two (2) hours, awaiting relief. Time exceeding two (2) hours, shall warrant mandate credit.

E. Selection Factor – Number used to award Shift-Fill.

F. Pick List – The descending list, based on Selection Factor, indicating individual’s availability to be assigned shift-fill; from lowest factor to highest factor.

G. Mandate List - Rotational List based on Ra nk Seniority that November 25 th of each year. (1 Year Trail Period). This procedure will remain in effect unless either party objects after 1 Year Trail Period.

H. Operational Period – 24 Hour time period from 0800 – 0800 (Following Day).

I. Ranks/Classifications – Captain – Engineer – Firefighter; within the Firefighter rank there are two (2) Classifications: EMT – Paramedic.

J. Acting Firefighter (FOR) – An individual, who has opted in, that previously held the rank of Firefighter within the fire department. (Tiller Certification when Appropriate)

K. Acting Firefighter/PM (PMR) – A qualified individual, who has opted in, that previously held the rank of Firefighter, clas sified as a Paramedic, within the fire department.

NOTE: The individual must currently possess a valid State of California Paramedic License AND be accredited in Alameda County as a Paramedic.

L. Acting Engineer (EOR) – An individual currently on th e Active Engineer Promotional List (MOU Item); or a qualified individual, who has opted in, that previously held the rank of Engineer within the fire department.

NOTE: The individual must have successfully completed all relevant coursework to include Driver/Operator 1A/1B; and Aerial Certification (Tiller Certification when Appropriate).

M. Acting Captain – An individual currently on the Active Captain Promotional List (MOU Item).

IV . PROCEDURE:

A. Assigning Shift-Fill
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55 1. To maintain adequate staffing levels.

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56 2. Individuals shall indicate their availability in Telestaff.

3. Assignments shall be made 6 Days Out @ 0800 using the following Algorithm:

• On-Duty Relief Pool within Rank & Classification (If Available) • Pick List / Rank-for-Rank

YES – Availability – NO

Fill based on Selection Factor Fill w/ Acting Assignment (96 Hour Maximum) Availability

YES NO Fill w/ Qualified Individual Mandate w/ in Rank (L owest Factor)

Fill Sequence:

No Availability within Rank
(Mandate – 96 Hour Rule)
FF/EMT FF/PM – Engineer – Captain
FF/PM Engineer – Captain
Engineer Captain – Active Promotional List
Captain Active Promotional List

CONTINGENCY STAFFING

NOTE: Acting Assignments from the Promotional List
will be made in Rank Order

No availability W/ Contingency
Mandate – 120 Hour maximum

RULE BREAKS

 Trade Off Protection
 Trade Revocation
 Vacation Protection
 Vacation Revocation
** (Vacation before A VP) **

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57 EXCEPTION: Holiday Staffing – See Section IV; Sub-Section K ATTACHMENT 1
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58 4. Members unavailable when assignments are made are NOT entitled to the shift(s) regardless of their availability subsequent to the staffing assignments being made.

5. Assignments will be made sequentially in descending order, using the Selection Factor and/or the Mandate List. This process will continue until all vacancies are filled. Initial contact with all members assigned to work may be by automation or text notification (Tele-staff).

6. The use of Short-Term Actors to preven t mandatory assignments shall not result in a mandatory assignment within the actor’s respective rank. Any time a Short- Term Actor filling an assignment would prevent a mandate in their respective rank, the Short-Term Actor will return to their rank, and the original vacancy shall be filled as above.

7. Vacancies occurring under 6 Days shall be filled using the same algorithm outlined above if it occurs 37 Hours prior to the Operational Period.

8. Employees who were assigned fewer hours th an the vacancy needing to be filled, and who indicated their availability, will be assigned the shift with the greater number of hours. This will continue sequentially until all vacancies are filled.

9. Vacancies occurring 37 Hours or less to th e Operational Period will be filled using the same algorithm outlined above; HOWEVER, the first individual contacted shall be awarded the shift(s).

B. Mandatory Shift-Fill

1. The department will maintain a rotational list for Mandatory Shift Fill in each rank that resets November 25
th of each year, based on Rank Seniority, with the least senior at the top, and most senior at the bottom.

2. When a Mandatory Assignment is needed, the individual at the top of the list shall be assigned the shift, assuming no Rule Breaks are needed. Additional Mandatory Assignments will be assigned sequentially following the Mandate List, regardless of duration, until all shifts have been filled. This process is NOT cumulative; and personnel are not eligible for upgrades. Members cannot be upgraded unless necessary to prevent Rule Breaks. Members are free to swap mandatory assignments.

3. When a member is assigned Mandatory Shift Fill, their name will be placed at the bottom of the list.

4. Mandatory Assignments shall not exceed 96 Hours unless approved by a Chief Officer.

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59 5. Individuals assigned Mandatory Shift-Fill may find their replacement within their respective rank for all, or part of the assignment. Only one (1) individual, working a minimum of two (2) hours, shall receive mandate credit and be placed at the bottom of the mandate list.

6. Individuals who find their own repl acement are EXEMPT from Mandatory Assignment during the Operational Period in which they found relief (Applies ONLY to the original agreement).

7. Under normal staffing operations, no employ ee shall be mandated while they are on vacation or pre-scheduled trade (Minimum 12 hours). For purposes of staffing, this time will be considered that time from 0800 hours on the day going off-duty, until 0800 hours on the day of your next regula rly assigned shift the individual is scheduled to return to duty.

EXCEPTION: Holiday Staffing – See Section IV; Sub-Section K

C. Contingency Staffing

1. If attempts to fill a vaca ncy using the procedures outlined in Section IV; A-B have been unsuccessful, and prio r to mandating an individua l to work more than 96 hours, the department will attempt to fill the vacancy with ANY qualified individual, of any rank.

2. The first qualified individual contacted will be assigned the shift(s). This assignment will be a Mandatory assignment.

D. Employee Responsibility

1. Attempts to make contact with th e employee shall be made either by automation/text (Telestaff) or by direct contact with the Staffing Captain or Duty Chief. Once contact with the employee has been made, the individual is responsible for the assignment.

2. Individuals not confirming acceptance of their Shift-Fill Assignment 37 Hours prior to the Operational Period shall lose the assignment.

3. Individuals on the Pick List will be awarded shift-fill for any duration, unless they have indicated their desire to work less; i.e. 12 Hours versus 24 Hours. This does not prevent mandatory assignment for additional hours.

E. Shift-Fill Availability

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60 1. An employee may NOT exceed 96 Hours of continuous work and must have a minimum of 12 hours off after any 120-hour work period, except in emergency situations as determined by a Chief Officer.

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61 2. Members returning from a Strike Team Assignment exceeding 48 Hours shall have a minimum of 24 Hours off; and/or shall not work the next calendar day.

3. An individual who has a signed release from a physician on record with the Duty Chief is eligible for Shift-Fill, voluntarily or involuntarily, effective from their release date. (Refer to IV; A-3)
F. Records Keeping

1. Staffing Captains shall be informed of ALL changes that occur after staffing has been filled. Changes require Staffing Captain and/or Duty Chief Approval.

2. All Hours worked will be recorded hour for hour on the Selection Factor.

EXCEPTION: Emergency Recall will not be added to Selection Factor

3. When an employee graduates from the fire academy, is promoted or demoted, they will be assigned a Selection Factor commensurate with the highest in the respective rank or classification, plus one (1) Hour . Additional employees shall be assigned one (1) additional hour, for a total of two (2) etc.

4. An employee assigned to a Long-Term Ac ting Position, shall have their factor assigned as outlined above. Their factor in their respective rank will be locked.

Upon returning to their respective rank all hours worked in the acting assignment will be added to their respective rank factor.

G. Finding Relief

1. Contact the individual(s) who have been awarded fewer hours than the shift being given away (Acceptance is V oluntary). This process continues until ALL individuals with fewer hours have been offered the additional hours.

2. Next, contact with the individual(s) on th e Pick List who have not been assigned Shift Fill.

3. The use of Short-Term Actors is allowed; however, this can only be performed after 0700 hours on the day of the shift.

4. Personnel shall not enter their own reli ef until staffing has been filled; Except Trades.

H. Sick Leave (MOU)

1. Employees must notify the Staffing Captain either the night before, between 1900- 2000 Hours; or the morning of, between 0630-0700 Hours, of their need to use ATTACHMENT 1
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62 Sick Leave. In the event the Staffing Captain is unavailable, contact the Duty Chief on their cellular phone.

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63 2. Employees using Sick Leave will be placed in Telestaff as such, for the Entire Tour (48 Hours).

EXCEPTION: The use of Family Sick Leave or Sick Leave for Medical Appointments can be used for the amount of time needed; Sick Leave for Medical Appointment requires approval from the Fire Chief or his/her designee.

3. If an employee is well enough to return to work for the second shift (Operational Period), they must contact the Staffing Captain between 1900-2000 Hours the night before the second shift.

I. Vacation (MOU)
NOTE: As outlined in the MOU, vacation must be used in increments of either twenty- four (24) or twelve (12) hours. When used in twelve (12) hour incremen ts, vacation must be taken from either 0800-1200 or 2000-0800.

Employees may take less than tw enty-four (24) or twelve (12) hours of vacation provided they find their own their relief. This constitutes a one-one contract, which prohibits the replacement from being awarded additional hours (Upgrade).

NOTE: As outlined in the MOU, vacation can be canceled at any time provided it is done 24 Hours prior to the start of the Operational Period. If canceled under (6) days, the employee must inform the Duty Chief. (Employees are allowed a maximum of 6 Cancelations / Calendar Year Under 6 Days.)

EXCEPTION: Holiday Staffing – Section IV; Sub-Section J J . Emergency Relief

1. Once an employee determines a personal emergency will preclude them from remaining on-duty, the employee shall inform their supervisor of the emergency.

Contact with the Duty Chief, through the Chain-of-Command, shall be made.

2. Notification shall include th e anticipated time off needed; and whether or not they will be able to return to work.

3. The employee may elect to use vacation, s ecure a trade, or use Family Sick Leave as outlined in policy.

4. The Staffing Captain shall attempt to secure a replacem ent through normal staffing procedures in the event the employee is unable to secure relief.

5. The employee will remain on-duty until their replacement arrives; unless the employee requires immediate release from duty based on the nature of the emergency. (Duty Chief Approval)
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64 6. The Duty Chief will determ ine how best to maintain companies’ in-service with the remaining crew members on duty.

K. Holiday Staffing: 4th of July; Thanksgiving; Christmas Eve, Christmas Day

Staffing for the holidays shall be entered manually by the staffing captain and filled as follows:

1. July 4 th - Filled on June 4th
Thanksgiving – Filled on October 25th
Christmas Eve (12/24) and Christmas Day (12/25) – Filled on November 25 th; filling Christmas Day (12/25) first…using the reset mandate list.

2. Member CANNOT take vacation on Thanksgiving, Christmas Eve, or Christmas Day UNLESS they find their own relief.

3. Members finding their own relief, either through the use of vacation or trade, cannot enter information into Telestaff until after the holidays have been filled by Staffing.

4. In the event a Shift is scheduled to work both December 24 and December 25, they will swap December 24 with the shift scheduled to work December 23. In this instance, December 23rd is a NO V ACATION Day, as this is actually the 24th; and December 24th becomes a V ACATION Day, as this is actually the 23rd.

5. Members cannot be assigned Mandatory Sh ift Fill on Christmas Eve or Christmas Day if their regularly assigned duty day falls on either day. No member shall be assigned Mandatory Shift Fill for both Christmas Eve and Christmas Day.

L. December 15 - January 5th

1. Employees are required to take three (3) 24-Hour Consecutive Shifts of Vacation for Mandatory Assignment Exemption. Trades of any duration during this period DO NOT exempt the employee from a Mandatory Assignment.

2. Vacation must be canceled before it is filled by Staffing

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Appendix E

65 LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: EFFECTIVE DATE: PREV. DATE:

SECTION: SUBJECT: Substance Testing Policy Page 1 of 12 Page (s)

I. PURPOSE:

Livermore-Pleasanton Fire Department (“LPFD”) is committed to prov iding a safe and drug- free work environment. This commitment is placed in jeopardy when any employee uses drugs or alcohol in a manner that violates the law or LPFD policy. A depa rtment member with a substance abuse problem poses a risk to the safety and welfare of themselves, their co-workers, and the public at-large. This pol icy is adopted to address the negative effects that drug and alcohol misuse and abuse can cause in the workplace and to prevent future negative effects from occurring, including accidents and injuries.

II. POLICY:

A. All content herein shall be referred to as the LPFD Substance Testing Policy (“Policy”).

B. All supervisors and managers (“Supervisors”) in LPFD ar e responsible for actively taking steps to carry out this Policy.

C. This Policy applies to all LPFD employe es and individuals seeking employment regardless of rank with respec t to alcohol and drugs, including any and all substances, drugs or medications, whether legal or illegal, which could impair an employee’s ability to effectively and safely perform the func tions of their job (“ Covered Employee” or “Covered Employees”).

D. All testing pursuant to this Policy shall be conducted through i ndependent third-party collection facilities, laboratories, and Medi cal Review Officers, all of whom are not affiliated with LPFD, the City of Livermore, or the City of Pleasanton.

E. With respect to alcohol, the following conduct by Covered Employees is prohibited:

1. consumption of alcohol within four hours of beginning work; ATTACHMENT 1
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66 2. purchase of alcohol from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;
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67 3. Distribution, defined as providing alcohol to a fellow LPFD member or member of the public, while on-duty other than as a packaged gift that remains unopened and is stored and remains in a Covered Employee’s personal vehicle;

4. Possession of alcohol while at work, excluding unopened alcohol that is stored and remains in a Covered Employee’s pe rsonal vehicle while parked on LPFD premises;

5. consumption of alcohol while on-duty; and

6. consumption of alcohol following an on-duty motor vehicle accident that is subject to post-accident testing pursua nt to this Policy until the Covered Employee is tested or a decision is made to not test the Covered Employee.

Any Covered Employee who is under the in fluence of alcohol (i.e., on-the-job impairment) or has the odor of alcohol on their breath will not be permitted to remain on duty.

F. With respect to marijuana/cannabinoids, the following conduct by Covered Employees is prohibited:

1. consumption of marijuana/cannabinoids within four hours of beginning work;

2. purchase of marijuana/cannabinoids from a brick-and-mortar retailer while on- duty and in LPFD uniform, or while on- duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

3. Distribution, defined as providing marijuana/cannabi noids to a fellow LPFD member or member of the public, while on duty;

4. Possession of legal marijuana/cannabinoids while at work, excluding unopened marijuana/cannabinoids that are stored and remain in a Covered Employee’s personal vehicle while parked on LPFD premises;

5. consumption of marijuana/cannabinoids while on-duty; and

6. consumption of marijuan a/cannabinoids following an on-duty motor vehicle accident that is subject to post-vehicle accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the employee.

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68 Any Covered Employee who is under the in fluence (i.e., on-the-job impairment) of marijuana/cannabinoids will not be permitted to remain on duty.

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69 G. With respect to drugs other than mar ijuana/cannabinoids, while on-duty, Covered Employees shall not use, possess, sell, transfer, distribute or be under the influence (i.e., on the job impairment) of any illegal drug recognized as illegal.

H. This Policy does not prohibit Covered Employe es from using prescription drugs in the manner prescribed and as deemed safe by a tr eating health care provider. This Policy does, however, require Covered Employees to notify their Supervisor if they are using a prescription drug while on-duty that, accordi ng to the drug manufacturer, a pharmacist, or a physician, may induce drowsi ness or otherwise impair th eir ability to perform the full scope of their duties safely. If there are questions regarding the Covered Employee’s ability to perform assigned duties safely and effectively when using such medications, the City of Pleasanton’s occupational heal th provider will be required to clear the employee for on-duty use of such medication.

I. LPFD may require a Covered Employee to submit to a drug or alcohol test in accordance with this Policy under the following circumst ances: (1) reasonable su spicion; (2) post- accident; (3) return-to-duty; or (4) pursuant to the terms of a Last Chance Agreement.

J. LPFD may discipline a Covered Employee fo r violation of this Policy, up to and including termination from employment, subject to due process and representation rights.

K. A Covered Employee who tests positive for the first time in violation of this Policy will be offered a Last Chance Agreement in lieu of termination. The Last Chance Agreement will be negotiated between LPFD, the Union and /or the Covered Employee.

Notwithstanding this requirement, LPFD ma y deny a Covered Employee the offer of a Last Chance Agreement in egregious situat ions or when the Covered Employee refuses to submit to testing as authorized by this Policy.

L. In an effort to encourage the Covered Employee to take responsibility for their behavior, the Last Chance Agreement or other Agreement will include a requirement, among others, that the Covered Employee underg o an evaluation by a substance abuse professional and complete any recommended treatment. In such instances, the City will offer treatment to the Covered Employee in a substance abuse treatment program recommended by a Substance Abuse Professional.

1. The City will pay seventy percent (70%) of the treatment program costs that are not covered by the Covered Employee's health insurance. The Covered Employee will pay the remaining thirty percent (30 %) of the treatment program cost. The City’s contribution for treatment, however, shall not exceed $100,000 for all Union members in a fiscal year.

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70 2. If the Covered Employee is not otherwise on paid administrative leave or on paid worker’s compensation leave, the Covered Employee’s time in the treatment program will be unpaid per the terms of the applicable MOU, but the Covered Employee may elect to use accrued paid time off, if available.

3. During a Covered Employee's career, a s econd opportunity for treatment may, in the City’s discretion, be offered in the event of a re lapse. A Covered Employee is not eligible fo r a second treatment opportunity unless cons iderable time has passed and the Covered Employee is ot herwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost.

4. To the extent a Covered Employee tests pos itive for drugs or alcohol in violation of this Policy, completion of a return-to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work.

5. As a condition of continued employment, a Covered Employee who tests positive in violation of this Policy will be subject to unannounced follow-up testing for up to 12 months after the Covered Employee has returned to duty.

M. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refu sal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights.

N. Under this Policy, a Covered Employee is deemed to have tested pos itive for alcohol if test results indicate a concentration of 0.02 or higher.

O. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy.

P. To provide Covered Employees with substant ial advanced notice regarding this Policy, LPFD will implement this Policy no earlier than three months from the Policy’s effective date.

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71 III. PROCEDURE:

TYPES OF TESTING
A. Pre- Employment Screening

1. Applicants seeking initial employment with LPFD in any of the job classifications identified in the definition of Covere d Employees shall be subject to a pre- employment screening for drugs. Pre-em ployment screening does not apply to existing LPFD employees applying for promotion or assi gnment to another position with the LPFD. LPFD will provide notice to applicants that they will be required to undergo and pass a pre-empl oyment drug test as a condition of employment in advance of hiring. In such notice, LPFD will provide a description of the associated drug (and potentially alcohol) test.

2. Applicants who test positive for substances prohibited by this Policy will have an opportunity to demonstrate to a third-party Medical Review Officer that their use of the substance is authorized by a pres cription from a health care provider and that such use is in a manner consistent with the instructions set forth in the supporting prescription. If the applicant makes a satisfactory showing, then the positive drug test does not disqualify the applicant from appointment.

3. Applicants found to have a positive screeni ng test for drugs or alcohol shall be disqualified from appointment. Refusing to submit to a pre-employment screening required under this subsection will be deemed a failure of the screening, thereby resulting in a rejection of the individual’s application for the appointment.

B. Reasonable Suspicion

1. Covered Employees are required to submit to a drug or alcohol test authorized by this Policy when a Trained Employee has re asonable suspicion to believe that a Covered Employee is under the influen ce of drugs or al cohol. “Trained Employee” means any employee of the LPFD who has participated in the training program further described in this Policy.

2. “Reasonable suspicion” is a belief based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech and/or body odors of the employee and reasonable infe rences drawn from those facts related specifically to job performance, a threat to themselves or the safety of others.

Reasonable suspicion shall be documente d on the Observation of Impairment Report, the form of which is attached as Attachment A and is hereinafter referred to as the “Observation of Impairment Report”.

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72 3. A Trained Employee must notify a command staff member immediately of their reasonable suspicion that a Covered Employee is under the influence of drugs or alcohol and the affected Covered Employee must be removed from duty and then provided with an opportunity to explain alternative reasons for the physical symptoms or articulable phenomena. The Covered Employee will be allowed to consult with a union representative before providing any explanation about physical symptoms or articulable grounds allegedly giving rise to reasonable suspicion, and to have the union representative present if the union representative is reasonably available. Such union c onsultations will not permit a Covered Employee to delay or refuse the inqui ry necessary to establish reasonable suspicion (other than explanation from the Covered Employee) or drug testing.

4. A finding of reasonable suspicion must be made before a Covered Employee may be directed to submit to testing. Only a command staff member, or the Human Resources Director—acting upon the information provided by a Trained Employee—is authorized to direct a Covered Employee to submit to testing. The facts underlying the determinat ion of reasonable suspicio n shall be disclosed in writing to the Covered Employee at the time the Covered Employee is directed by LPFD or the Human Resources Director to submit to a test. Attachment A shall be used to document the determination of reasonable suspicion.

5. A command staff member or the Human Re sources Director of Pleasanton shall arrange for the testing and transport of the Covered Employee to the testing site.

6. After the Covered Employee submits to te sting, they will be prohibited from returning to work during the same shift. The Covered Employee shall be paid for the remainder of such shift. The C overed Employee will be precluded from returning to work while LPFD waits to receive test results. To the extent the Covered Employee misses a pre-scheduled shift during this period, they will receive paid leave. If, after receiving test results, LPFD desires to place the Covered Employee on unpaid leave for any period, the Department must provide a Skelly hearing in advance of any such decision.

7. LPFD shall provide a program of trai ning to assist Trained Employees in identifying Covered Employees who are under the influence of drugs or alcohol.

Such training will be aimed to help recognize the conduct and behavior giving rise to reasonable suspicion of substance abuse. Trained Employees must attend annually one hour of training, provided or approved by Human Resources Director for the City of Pleasanton, on alcohol misuse and substance abuse.

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73 8. An initial finding of reasonable suspicion and direction to submit to testing must be documented in writing by the Trained Employee who identifies that a Covered ATTACHMENT 1
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74 Employee is under the influence of drugs or alcohol on th e Observation of Impairment Report.

The Observation of Impairment Report shall detail in writing the specific facts, symptoms, and observations which form the basis for the Trained Employee’s determination that reasonable suspici on exists. The Trained Employee must complete and submit their portion of the Observation of Impairment Report to a command staff member, or the Human Resources Director who will confirm that the form documents reasonable suspicion and sign the form. The Observation of Impairment Report must be complete d in advance of testing. The Human Resources Director shall maintain the completed forms for the City’s recordkeeping purposes.

C. Post-Accident Testing

1. Post-accident/drug and alcohol testing will be conducted for Covered Employees who were operating a LPFD vehicle directly involved in an accident that results in serious bodily injury to any person or causes substantial damage to property.

Post-accident drug and alcohol testing will also be conducted for Covered Employees who were operating LPFD heavy/dangerous equipment that directly caused serious bodily injury to any pers on. For purposes of this provision, “operating LPFD heavy/dangerous equipment” is limited to the use of hydraulic spreaders/pullers/rams/cutters, chainsaws, and circular saws.

2. Post-accident alcohol and drug tests shall be admin istered within two hours following an accident to the extent practicable. If the test is not performed within two hours, then LPFD must provide wr itten documentation to the City of Pleasanton Human Resources Director as to why the test was not promptly conducted. A post-accident drug test shall be conducted within 72 hours following the accident. If the post-accident drug test is not conducted within 72 hours following the accident, then LPFD must provide written documentation to the Human Resources Director as to why such testing did not occur. Any drug testing administered after two hours but up to 72 hours is done to accommodate operating hours of the testing facility.

D. Return-to-Duty And Follow-Up Testing

1. A Covered Employee must submit to a retu rn-to-duty test before they resume performance of their job duties where they have either: a) tested positive following testing ordered under this Policy; b) have refused to comply with an order to submit ATTACHMENT 1
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75 to testing authorized by th is Policy; or c) admitted to alcohol or drug use in violation of this Policy.

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76 2. If a Covered Employee tested positive for alcohol or any of the drugs covered under this Policy, then they must test negative for the substance at issue before they can resume performance of their job duties.

3. In addition, the Covered Employee will be subject to follow-up testing. The Covered Employee will be subject to m onthly unannounced drug or alcohol tests during the Covered Employee’s first year after returning to their position following the violation. Follow-up testing shall be conducted in addition to any other testing to which the Covered Employee is subject under this Policy.

E. Testing Process and Standards

1. All testing services pursuant to this Policy shall be conducted through independent third-party Collection Facilities, HHS-certified laboratories, and Medical Review Officers, all of whom are not employed by the City of Pleasanton or the City of Livermore. Such services shall include, breath or saliva alc ohol testing, urine specimen collection, laboratory testing, and medical review.

2. Drug Testing
Once a determination is made to requir e a Covered Employee to be drug tested, the information supporting th e determination will be ma de accessible to the Human Resources Director for the C ity of Pleasanton (Human Resources Director).

3. Alcohol Testing
Positive alcohol test results will be re ported to the Human Resources Director, and the LPFD Fire Chief.

Substances considered to be a violation under this Policy shall be limited to:
 Alcohol;
 Marijuana/Cannabinoids (Marijuana)(only in conjunction with objective signs that an employee may be impaired by
Marijuana/Cannabinoids on the job.)
 Illegal Drugs; and
 Prescription drugs and other substances which may impair an employee’s ability to safely and effectively perform the functions ATTACHMENT 1
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77 of the job.

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78 4. Sample Collection/Breath Alcohol Testing
Testing must be conducted in accordance with the agreement between the LPFD and the third-party administrator. Howe ver, this does not prohibit LPFD from using BAC test results lawfully obtaine d from a local law enforcement agency that conducted its own inve stigation of a Covered Employee involved in the vehicle accident at issue.

5. Test Results
 The results of the laboratory analysis will be forwarded to a third-party Medical Review Officer. If the results are negati ve (no drugs or alcohol detected), then the Medical Revi ew Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportunity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determina tion and notify the Human Resources Director. The Co vered Employee may request a split sample be tested by the same facility and at the City’s expense. If the Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administr ation (SAMHSA) and the Covered Employee must pay for such testing at their own expense.  LPFD and the City of Pleasanton’s Human Resources Department will maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as suc h, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law.

6. Consent and Refusal
 Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test ATTACHMENT 1
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79 results to the LPFD Fire Chief or their designee and City of Pleasanton representatives with a n eed-to-know. Failure to sign such form will be cause to terminate the applicati on process and deny employment for applicants and will constitute insubordination for Covered Employees.  A job applicant who re fuses to consent to te sting will be denied employment with LPFD.

 An existing Covered Employee’s refusal to test as required by this Policy constitutes insubordination and may result in administrative action, up to and including termination, subject to full due process and consistent with all representation rights.

 Any of the following constitutes a refusal to test:

o Failure to proceed immediately to the designated testing site after being directed to do so.

o Failure to permit transporta tion by LPFD personnel to the designated testing site or unrea sonably delaying transport or arrival at the designated testing si te after being directed to go to the designated testing location;

o Failure to remain at the designated testing location until testing is completed;

o Failure to provide a specimen or sample or a sufficient amount of the specimen or sample as directed by a specimen
collector/technician without medical explanation as determined by medical evaluation;

o Failure to sign the appropriate forms when asked to do so by the specimen collector/technician;

o Declining to take a second test as directed;

o Failure to cooperate with testi ng process (e.g., refuse to empty pockets when so directed by the collector; behave in a
confrontational way th at disrupts the coll ection process) or engaging in any conduct that obstr ucts or does not allow for the ATTACHMENT 1
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80 successful completion of the testing process;
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81 o Medical Review Officer report that Covered Employee has verified adulterated or substituted test result;

o Admission by Covered Employee that he or she adulterated or substituted their specimen;

o Observed possession or wearing of a prosthetic or other device that could be used to interfere with the collection process at time of collection; or

o Refusal to wash hands in advan ce of providing a specimen, after being directed to do so.

Where there is a reasonable suspici on that the Covered Employee is presently under the influence of alcohol or drugs, LPFD shall allow the Covered Employee time to arrange to be safely transporte d home. The Covered Employee shall not be permitted to transport themself.

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82 ACKNOWLEDGEMENT
I acknowledge that I have received and read a copy of LPFD’s Substance Testing Policy. I understand the Policy, and agree to abide by it. I understand the Policy may be updated in the future.

Employee Signature Date

Employee Name (printed)

This form shall be retained by Human Resources.

Please complete and return this form immediately.

ATTACHMENT 1
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ATTACHMENT A
83 OBSERVATION OF IMPAIRMENT REPORT

REASONABLE SUSPICION RECORD

Employee Name: ___Employee ID No. ___________

Observation Date: ____________ Time: (from a.m./p.m. to ______a.m./p.m.)

Location: _____________________________________________________________________ Street City State Zip

This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contempora neous, articulable observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy.

OBSERVATIONS:

Detail the specific facts, sympto ms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

TRAINED EMPLOYEE COMPLETING THE ASSESSMENT:

_____________________________________________________________________________ Signature Print Name Rank Date Time

CONFIRMING WITNESS:

_____ Concur is the above findings.

______________________________________________________________________________ Signature Print Name Rank Date Time

APPROVED BY:

______________________________________________________________________________ Signature Print Name Title Date Time

ATTACHMENT 1
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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS AUTHORITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1974, AND AUTHORIZING THE APPROPRIATION OF $901,852 FROM THE CITY’S GENERAL FUND UNALLOCATED RESERVES FOR FISCAL YEAR 2022-23
The Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters Local 1974 for the Fire Employees Unit covered by the Memorandum of Understanding expired on December 31, 2021 (“MOU”).

The labor negotiators for International Association of Firefighters Local 1974 for the Fire Employees Unit covered by the MOU, and the Livermore-Pleasanton Joint Powers Authority reached a tentative agreement for a Memorandum of Understanding for that Fire Employees Unit, which is attached to this resolution as Exhibit A.

On June 18, 2022, the International Association of Firefighters Local 1974 for the Fire Employees Unit advised that the tentative agreement was ratified by the membership for the Fire Employees Unit.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority, and the International Association of Firefighters Local 1974 for the period of January 1, 2022, through June 30, 2025, attached as Exhibit A to this resolution, which shall not be modified without further approval by the City Council for the City of Livermore as set forth in the agreement for the Livermore-Pleasanton Fire Department Joint Powers Authority.

BE IT FURTHER RESOLVED that the amount of $901,852 is hereby appropriated from the City of Livermore’s General Fund Unallocated Reserves for Fiscal year 2022-23 for Livermore's share of the Livermore-Pleasanton Fire Department’s cost for the salaries and benefits for the Fire Employees Unit covered by the Memorandum of Understanding. All subsequent fiscal impacts for the City of Livermore’s share of the Livermore-Pleasanton Fire Department’s cost for the salaries and benefits for the Fire Employees Unit covered by the Memorandum of Understanding will be incorporated in the future operating budgets.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 27, 2022, by the following vote:
186
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Memorandum of Understanding between LPFD and IAFF, Local 1974 for the Fire Employees Unit
187
L
ivermore-Pleasanton Fire Department Joint Powers
Authority
and
T
he International Association of Fire Fighters, Local 1974,

AFL-CIO-CLC
M

EMORANDUM
O
F
U

NDERSTANDING
J
ANUARY 1, 2022 – JUNE 30, 2025

EXHIBIT A
188
ii
Table of Contents
Section 1. Recognition ................................................................................................ ......................................................... 1 Section 2. Union Security ................................................................................................ .................................................... 1 Section 3. No Discrimination ................................................................................................ .............................................. 4 Section 4. Union Representatives ................................................................................................ ....................................... 4 Section 5. Salaries ................................................................................................................................................................ 5 Section 6. Hours of Work, Shift & Station Assignments .................................................................................................. 7 Section 7. Overtime ........................................................................................................................................................... 10 Section 8. Department Related Court Time .................................................................................................................... 12 Section 9. Holiday Pay ...................................................................................................................................................... 12 Section 10. Documentation Regarding Organized Mess .................................................................................................. 13 Section 11. Fire Prevention Certificate Pay ..................................................................................................................... 14 Section 12. Paramedic Program and Compensation ........................................................................................................ 14 Section 13. Vacations........................................................................................................................................................... 15 Section 14. Sick Leave ......................................................................................................................................................... 18 Section 15. Leaves ................................................................................................................................................................ 20 Section 16. Health and Welfare .......................................................................................................................................... 23 Section 17. Retirement ........................................................................................................................................................ 29 Section 18. Fire Inspectors .................................................................................................................................................. 30 Section 19. Uniforms ........................................................................................................................................................... 30 Section 20. Credit Union ..................................................................................................................................................... 31 Section 21. Tuition Reimbursement ................................................................................................................................... 31 Section 22. Probationary Period ........................................................................................................................................ 33

EXHIBIT A
189
iii
Section 23. Promotion, Demotion and Long-Term Acting Assignments ....................................................................... 34 Section 24. Resignation, Reinstatement and Layoff ......................................................................................................... 35 Section 25. Discipline........................................................................................................................................................... 37 Section 26. Grievances ........................................................................................................................................................ 37 Section 27. Medical Examination ....................................................................................................................................... 39 Section 28. Outside Employment ....................................................................................................................................... 40 Section 29. Disability Accommodations ............................................................................................................................ 40 Section 30. Miscellaneous ................................................................................................................................................... 41 Section 31. Hazardous Material Response Team ............................................................................................................. 42 Section 32. Separability of Provisions ................................................................................................................................ 43 Section 33. Existing Memorandum of Understanding ..................................................................................................... 44 Appendix A 45
Salary Schedules .................................................................................................................................................................. 45 Appendix B 49
Catastrophic Leave Policy .................................................................................................................................................... 49 Appendix C 50
Grievance Review Board Procedures .................................................................................................................................. 50 Appendix D…………………………………………………………………………………………………………………….52

General Order 200.01 Staffing Policy…………………………………………………………………………………... ...52 A
ppendix E 60
Sub
stance Testing Policy……………………………………………………………………………………………………...60

EXHIBIT A
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iv

EXHIBIT A
This Page Intentionally Left Blank
191
1 The City of Livermore and the City of Pleasanton have jointly formed the Livermore -Pleasanton Fire Department Joint Powers Authority (“JPA”) to operate the Livermore -Pleasanton Fire Department (“LPFD” or “Department”). The International Association of Fire Fighters, Local 1974, AFL -CIO-CLC (“Union”), and representatives of the City of Livermore and the City of Pleasanton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit specified in Section 1, and have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

T
his Memorandum of Understanding (“MOU”) is entered into pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Government Code Section 3500, et. seq.) and has been jointly prepared by the parties.

Th
is MOU has been presented to the JPA ’s governing board and to the City Councils of the City of Livermore and the City of Pleasanton. The governing board and the City Councils have approved the salary and employee benefit adjustments for the period commencing January 1, 2022 and ending on June 30 th 2025.

T
he City of Pleasanton (“City” or “Employer”) is the employer of all employees represented by the Union and covered by this MOU. “Employees” as used in this MOU shall mean employees of the City.

S
ection 1. Recognition
"T
he Union" is the formally recognized employee organization for the Fire Employees Unit comprised of the classifications of Firefighter, Fire Engineer, Fire Captain, Fire Inspector and Hazardous Materials Inspector certified pursuant to the Employer -Employee Relations Procedures & Resolution No. 97-1 adopted by the JPA on November 21, 1997.

S
ection 2. Union Security

2.1 Dues Deduction
A. B
argaining unit employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively “dues deductions”). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.

B. T
he Employer agrees to deduct from the paychecks of each bargaining unit employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the Employer by either the Union or the employee. The City shall deduct from each bargaining unit employee’s paycheck the total amount of dues certified by the Union per month or per pay period as applicable. The Employer shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the officer designated in writing by the President of the Union as the person authorized to receive such funds.

EXHIBIT A
192
2 The Employer will implement any change to a bargaining unit employee’s payroll deductions during the first full pay period following notification of such change by the Union.

If a bargaining unit employees desires to revoke, cancel or change their prior dues deduction authorization, the Employer shall direct the employee to the Union. Any such dues deduction revocation, cancellation and/or change shall be effective only when submitted by the Union to the Employer and is subject to the terms and conditions set forth in the original payroll deduction/authorization.

C. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check -off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings. In the case of an employee who is in a non- pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. Thus all other legal and required deductions have priority over union dues. In addition, in order to meet certain accounting deadlines, all payroll changes connected with the deduction of union dues must be made by the fifteenth (15) of the preceding month.

D. The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, proceedings or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the Livermore -Pleasanton Fire Department for the purpose of complying with any of the provisions of this check-off agreement. In addition, the Union shall refund to the Livermore -Pleasanton Fire Department any amounts paid to it in error upon presentation of supporting evidence. However, the Union shall not be required to make reimbursements should discovery of the error occur twenty- four (24) months after the occurrence of the error.

2.2 Communication with Employees

A. New Employee Orientation Meetings

This provision applies to all new employees hired into the Fire Employees Unit and is intended to comply with the provisions of AB119.

1. The City will provide the Union with not less than ten (10) calendar days’ advance written notice of the time, date and location of all new employee orientation meetings, unless an urgent and unforeseeable need for a new employee orientation meeting precludes the City from providing the Union with ten (10) calendar days’ advance notice. Notice will be made by way of email to the Union President and Vice President.

2. The Union will be given up to thirty (30) minutes as part of the new employee orientation meetings to present Union membership information to new employees of the Fire Employees Unit.

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3 Union at the new employee orientation meeting with at least five (5) days advance notice and the Fire Chief has agreed that the employees’ participation will not create an unreasonable burden on operations.

4. The above provisions shall in no way impact or delay the hire of any employee.

B. Information Requirements

1. The City will provide the Union with a digital file via email to the Union President and Vice President containing the following information for each employee in the Fire Employees Unit to the extent the Department has the information on file:

• Name
• Job title
• Work location
• Personal telephone number (may be home or cellular as provided by the employee) • Home address
• Personal email addresses on file with the Department (new hires only)

2. The above information will be provided to the Union as follows:

• For new hires, within 30 days of hire or by the first pay period of the month following hire.
• For all bargaining unit employees every one hundred twenty (120) calendar days.

C. Fire Station Visits

Any Union representative shall give notice to the Fire Chief when visiting employees at their assigned fire stations during the employee’s duty period, provided that solicitation for membership or other internal employee organization business shall be conducted only during the off-duty hours of all employees concerned. The Fire Chief and the Union may enter into a standing agreement for routine contact between Union representatives and on-duty employees and such agreement shall continue until revoked.

2.3 Bulletin Boards

The Department shall provide suitable space for bulletin boards in the fire stations. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.

2.4 Use of Department Facilities for Meetings

A. The Union President may, with the prior approval of the Fire Chief or designated representative, be granted the use of Department facilities and/or communications equipment for meetings of employees in this unit provided that:

1. R equests are made in advance.

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4 2. Such meetings do not conflict with other Department activities.

3. A ttendance of on -duty employees at such meetings may occur only after 1700 hours, unless other arrangements have been authorized in advance by the Fire Chief and only when it does not prevent the performance of required work.

4. Such meetings do not involve excessive or unnecessary s tation transfers or result in financial responsibility for the Department.

B. Regularly Scheduled Membership Meetings.

1. Union meetings may be held in f ire stations a fter 1700 hours unless other arrangements have been authorized in advance by the Fire Chief.

3. On-duty members may attend Union m eetings as long as no first -due districts are left empty or by approval of the Fire Chief.

C. Advance Notice

Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation relating to matters within the scope of representation and shall be given the opportunity to meet and confer in good faith with the appropriate management representatives prior to adoption.

The Department will provide the Union with reasonable written notice and the opportunity to meet and confer in good faith regarding the addition to or changes in Personnel Rules and Regulations, other policies, or departmental policies when such changes are within the scope of bargaining pursuant to the MMBA.

Section 3. No Discrimination

The Employer and the Union shall comply with the City of Pleasanton’s Harassment Policy (Human Resources & Administrative Policy Guide).

Furthermore, the Employer shall not discriminate or retaliate against any employee because of their engagement in legally protected Union activities.

Section 4. Union Representatives

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5 determined by the Department. Such employee representatives shall submit requests for excused absences to the Fire Chief. The Union shall submit a list of the officers of the Union to the Fire Chief in writing at such time there are any changes in such Union officers.

Section 5. Salaries

5.1 Rates of Pay

Effective the first pay period following Union ratification of this MOU, the salary ranges of all classifications covered by this MOU shall be increased by five and one-half percent (5.5%).

Effective the first pay period on or after January 1, 2023 (January 7, 2023) , the salary ranges of all classifications covered by this MOU shall be increased by three and one-half percent (3.5%).

Effective the first pay period on or after January 1, 2024 (January 6, 2024) , the salary ranges of all classifications covered by this MOU shall be increased by three percent (3%).

Effective the first pay period on or after January 1, 2025 (January 4, 2025) , the salary ranges of all classifications covered by this MOU shall be increased by one percent (1%).

5.2 Entrance Salary

5.3 Conversion of Pay Rates

Monthly salaries may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the Fire Chief, such a conversion is advisable. In determining the equivalent amounts on a different time basis, the Fire Chief shall provide tables for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

5.4 Salary Advancement

Permanent and probationary employees shall be advanced one salary step in their respective classifications after satisfactory completion of full- time service, until they reach the top step of the applicable salary range. (See timetable below). No salary advancement shall exceed the top step established for the employee’s respective classification.

Advancements shall not be automatic but shall require satisfactory service to the Department as recommended by the Fire Chief. Changes in an employee’s salary because of promotion or demotion to a new classification with a new salary range will establish a new salary anniversary date for an employee.

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6 Advancement to higher steps within the salary range of an employee’s existing classification will not establish a new salary anniversary date in the employee’s existing classification.

Salary Advancement Timetable

Firefighter Step 1 to Step 2 After 6 months of fulltime satisfactory service at Step 1 Firefighter Step 2 to Step 3 After 6 months of fulltime satisfactory service at Step 2 Firefighter Step 3 to Step 4 After 6 months of fulltime satisfactory service at Step 3 Firefighter Step 4 to Step 5 After 12 months of fulltime satisfactory service at Step 4 Firefighter Step 5 to Step 6 After 12 months of fulltime satisfactory service at Step 5 Fire Engineer Step 7 to Step 8 After 12 months of fulltime satisfactory service at Step 7 Fire Captain Step 9 to Step 10 After 12 months of fulltime satisfactory service at Step 9 Fire Inspector Step Advancement After 12 months of fulltime satisfactory service at each step Hazmat Inspector Step Advancement After 12 months of fulltime satisfactory service at each step

5.5 Salary Step When Salary Range Increases

Whenever the monthly salary schedule for a classification is adjusted, each incumbent shall be placed at the same salary step in the revised salary range that corresponds to the step held by the employee in the previous salary range for their classification.

5.6 Acting Compensation

When an employee is assigned to act in a classification with a higher salary range, that employee's acting rate of pay shall be established as follows:

A. The pay rate for an employee, who has passed the promotional examination and is on an active eligible list for the “acting” assignment in the higher classification will be the same as if the employee had been promoted.

B. An employee who is serving in an acting assignment and who performs overtime work during the time worked in the acting assignment, will receive pay for such overtime work at the rate of one and one -half (1.5) times the compensation received for the acting assignment.

5.7 Salary Step After Change in Classification

When an employee is promoted from a position in one classification to a position in a higher classification, the employee shall receive the minimum rate for the higher class ification; provided, however, that such rate is at least five percent (5%) above the employee’s current wage rate.

When a Hazardous Materials Response Team member is being promoted, the 5% Haz-Mat pay (see MOU section 31.2) will be considered in calculating the 5% minimum pay increase . However, the promoted employee will not be eligible for Haz-Mat compensation until 12 months after promotion. (For example, a fire engineer at step 8 of the wage scale and on the Hazardous Materials Response Team would be placed

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7 at step 10 of the fire captain wage scale and would not be eligible for Haz -Mat compensation until 12 months after promotion.)

An employee moving from the firefighter paramedic classification to the fire engineer classifications will be placed at step 8 of the fire engineer pay scale.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class ification to which the employee is demoted. The specific rate of pay within the salary range shall be determined by the City Manager, whose decision shall be final; provided, however, that the employee's rate of pay shall not be lower than the salary rate the employee would earn had the employee remained in the lower classification.

5.8 Acting Fire Marshal Compensation

5.9 Cumulative Incentive Allowance Limitation

Effective August 1, 2007, there will be a cap of fifteen percent (15%) for all incentive allowance categories over and above base salary. This includes , but is not limited to: acting pay, paramedic pay, hazardous materials team pay and educational incentive pay. This cap applies for all hours worked in a pay period, a month or annually.

The Cumulative Incentive Allowance Limit will be waived for the duration of this contract.

5.10 Bilingual Pay

Employees certified as competent at the conversational level in Spanish, Vietnamese, Arabic (including Persian, Iranian and Farsi), Chinese, Cambodian, Sign Language and other languages as determined by the Fire Chief, shall receive forty -five dollars ($45) per pay period for each full pay period they remain certified. Employees receiving bilingual pay are subject to periodic recertification as a condition of receiving such payments.

Competency at the conversational level shall be determined in accordance w ith the City of Livermore’s existing process for certifying other employees in the above-referenced languages.

Section 6. Hours of Work, Shift & Station Assignments

6.1 Work Schedules

The regular work schedule for employees in the classification s of Firefighter, Fire Engineer, and Fire Captain shall be the 48/96 shift schedule worked in accordance with the following chart:

X = 24 hour on-duty period

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8 O = 24 hour off-duty period

XXOOOOXXOOOOXXOOOOXXOOOO

The above work schedule results in an average of 56- hours worked per week. The parties have agreed to the 24-day FLSA duty cycle.

6.1.1 Work Schedule for Fire Prevention Personnel

The normal work schedule for Local 1974 represented fire prevention positions is a Monday through Friday, 40 hour work week consisting of five consecutive eight hour days or 80 hours in a pay period. This is the same basic schedule used by the partner cities for normal office hour positions. Holidays will be per the holiday schedule set forth elsewhere in the MOU.

6.1.2 Alternative Work Schedules for Fire Prevention Personnel

Fire Prevention personnel may be offered alternative work schedules. Such work schedules may be a “9/80”or “4/10” schedule or flexible start and end times , lunch periods or days off . The Fire Chief will determine the availability of alternative work schedules. Fire Prevention personnel may bid the schedules established by the Fire Chief based on seniority. Alternative work schedules can only be offered under three conditions:

A. Any such schedule must meet all Employer payroll department policies.

B. Any such schedule can be approved only if it does not negatively impact Fire P revention Bureau customer service. The Fire Chief shall make the final determination on the approval of alternative work schedules.

C. T he Fire Chief will make alternative work schedules available equally to all Union represented personnel. If that cannot be done, or if one team member protests the impacts of some personnel having alternative work schedules, the Fire Chief will rotate the availability of alternative work schedules by seniority, per City payroll policy, or cancel their use altogether.

6.2 Exchanges of On- Duty Time (Shift Trades)

Trades of on-duty time shall be permitted between employees of the same rank There shall be no limit to the number of trades per month, except that trades shall not be permitted to substitute for, extend, or supplement sick leave, long-term disability or worker’s compensation leave unless approved by the Fire Chief. The employees involved in the trade shall make arrangements for the pay back of time. Employees may not use trades to alter or change their work s chedules except for a “mutual” as provided in Section

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9 Employees who owe time to other employees following a promotion may work in their former position in order to repay the previously traded time, i.e. an Engineer may work as a Firefighter, and a Captain may work as a Firefighter or an Engineer depending on the rank from which the employee was promoted.

Employees must resolve owed trades within ninety (90) calendar days from the date of promotion.

Employees are not considered on the payroll or working additional hours under the Fair Labor Standards Act while on- duty and working their half of the trade . However, i f the employee who assumes responsibility for working a trade fails to work the traded on-duty time, the originally scheduled employee will be charged vacation time equivalent to the time missed.

6.3 Shift and Station Assignments

Station bidding shall be on a rank for rank basis, in descending order of rank seniority.

A "Mutual" is an agreement between two individuals of the same rank to trade Station and/or shift assignments for a specific period of time. Mutuals are not permanent. Mutuals can be between individuals on the same shift or on different shifts. The individuals involved may set the time frame of the "Mutual", however no mutual shall exceed twelve (12) months from the initial date. At the end of the twelve months both individuals will return to their original assignments. Both individuals must physically be able to meet their assigned Station requirements, i.e., if one of the individuals is unable to return to work within the first one-year period due to any reason, the "Mutual" is considered null and void. Individuals must be qualified for the position of the person with whom they are requesting the "Mutual”.

All “Mutuals” shall be submitted in writing to the Deputy Chief of Operations.

Employees assigned as paramedics may only change assignments with other employees assigned as paramedics. Mutuals shall be considered trades between the employees involved. Only one mutual between parties will be allowed for the specific period of time. Members will not be allowed to participate in more than one mutual at a time.

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10 The Fire Chief, and/or designee, may administratively reassign shift/station assignments which result in a displacement for up to 20 shifts per occurrence to meet Department needs. This shall not apply to probationary employees or to administrative moves not resulting in displacement of another employee.

Section 7. Overtime

7.1 Payment

Overtime Worked Paid As
1 through 15 minutes 15 minutes
16 through 30 minutes 30 minutes
31 through 45 minutes 45 minutes
46 through 60 minutes 60 minutes
61 through 75 minutes 75 minutes
etc.

An employee assigned to work outside his/her regular shift to attend a meeting or participate in training shall be entitled to overtime compensation for all hours so worked, provided, however, that the overtime payment shall be computed at one and one -half (1-1/2) times the employee's eight hour rate of pay in fifteen (15) minute increments as set forth in the previous table.

Strike team overtime compensation shall be at the 24 hour overtime rate for all of the time spent on the Strike Team assignment.

An employee held over past the completion of his/her shift due to a trade will be compensated for overtime at that employee’s overtime rate.

An employee having completed his/her regular duty shift and called back to work from home because of an emergency incident shall, upon reporting to work within a reasonable time after notification and commencing with the time of notification, receive not less than four hours overtime compensated at one and one-half (1 and 1/2) times his/her twenty-four (24) hour rate of pay.

A reasonable time is defined as drive time from home plus ½ hour, unless otherwise approved by the duty chief.

7.2 Procedures For Filling Absences:

Overtime shall be determined and filled pursuant to Department policy and the provisions of this MOU.

7.3 Overtime Compensation

Overtime shall be paid in accordance with the contractual overtime provisions of this MOU and the Fair Labor Standards Act (“FLSA”) at any time the FLSA applies to municipal governments.

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11 A. Suppression/FLSA 7(k) Exempt Employees:

Any authorized time worked in excess of the employee’s regular shift schedule (i.e. contractual overtime) or the maximum hours threshold for a 24 day FLSA work cycle shall be considered overtime.

B. Fire Prevention personnel/40 Hour Employees:

B.1. Any authorized time worked in excess of the employee’s regular workweek shall be considered overtime. Overtime compensation shall be compensable at the rate of one and one-half (1.5) times the employee’s regular straight time rate of pay.

B.2. Fire Prevention personnel have the option to accrue compensatory time off in lieu of overtime pay at the rate of one and one -half (1.5) hours for each hour worked.

Compensatory time may be accrued but the total balance may not exceed one hundred and twenty (120) hours at any time.

Compensatory time off may be taken in lieu of overtime payment in accordance with the FLSA. Such time off shall be mutually agreeable to the employee and the supervisor taking into account (a) the normal schedule of work, (b) the anticipated peak hour workload based on past experience and (c) any emergency requirements for staff and services. Once an employee has accrued one hundred and twenty (120) hours of compensatory time off, the employee shall be paid for overtime worked until such time as the balance drops below the cap. With written notice prior to June 1
st and December 1st of each year, an employee may request to have all accrued compensatory time off paid to the employee on a separate payroll check.

B.3. Fire Prevention personnel who are called back or otherwi se requested to respond after 2200 hours shall be allowed to delay their normal start time by the number of hours worked after 2200, if scheduled to work the same or next day. An employee shall be required to work a full shift, regardless of starting time.

B.4. Fire Prevention personnel who are called back or otherwise requested to respond after completing their regular work day shall receive a minimum of two (2) hours call back pay at one and one- half (1.5) times their regular rate. The call back minimum is payable even if the employee is cancelled en-route.

C. Suppression Employees Overtime Record:

The Fire Department shall provide the current overtime selection factor for each suppression employee per the on-line records management system.

D. Rank-for-Rank Overtime:

The Department agrees that any day to day vacancies, not covered in MOU Section 23C, overtime will be assigned on a rank-for-rank basis unless an individual of equal rank is not

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12 available to fill the position; then a pre-signed up qualified actor will be used to prevent a mandate or prevent the breaking of staffing rules. These Short-Term Acting assignments are intended to fill day-to-day vacancies that are for 10-shifts or less. If there is no one available through the pre-sign up system, then mandatory overtime within the rank will be utilized.

The operational procedures of acting assignments are outlined in department policy.

7.4 Overtime Maximum Limit

Effective August 1, 2007, the maximum amount of shift-fill overtime will be eliminated.

Section 8. Department Related Court Time

Employees who are required to appear in court during their off -duty time to testify about a work- related matter shall be compensated at the ir eight (8) hour overtime rate for all such time and shall receive a minimum of three (3) hour s for court appearances in any assigned local court serving the cities of Livermore and Pleasanton (currently the East County Hall of Justice in Dublin) and four (4) hours for court appearances outside the assigned local court serving the cities of Livermore and Pleasanton.

Section 9. Holiday Pay

Section 9.1 Holiday In Lieu

Employees assigned to twenty- four (24) hour shift schedules shall receive holiday in lieu pay without regard for when holidays occur or whether such employees actually work on recognized holidays. This compensation shall be seven and one-half percent (7.5%) of the employee's base salary at time of payment, plus special compensation as defined by PERS; except PERS -able FLSA overtime, uniform allowance, EPMC, and exclusive of any overtime. Holiday in lieu pay shall be paid on a prorated and bi-weekly basis.

Holiday in lieu pay will be reported as special compensation within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of the CalPERS regulations and/or as defined pensionable compensation pursuant to the California Government Code and the CalPERS regulations as amended.

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13 Section 9.2 Observed Holidays

1. New Year's Day

2. Martin Luther King, Jr. Day (third Monday of January)

3. President’s Day (third Monday of February)

4. Memorial Day (last Monday of May)

5. Independence Day

6. Labor Day (first Monday of September)

7. Veterans' Day

8. Thanksgiving Day

9. Day following Thanksgiving

10. Christmas Eve Day

11. Christmas Day

Section 9.3 Work on a Holiday- Fire Prevention Personnel

If the Fire Chief, or the Fire Chief’s designee, determines the employee’s services are required on an observed holiday, the employee shall receive overtime compensation for all hours worked on the holiday.

Section 9.4 Floating Holiday

Fire Prevention personnel will receive three (3) floating holidays per year with pay as follows:

Floating holidays for eligible employees shall be credited and taken in accordance with the regulations set forth in this section. Each payroll calendar year, eligible employees will be credited with floating holidays at the rate of 24 (twenty-four) hours for each 40-hour employee per year. Employees not in a pay status at the beginning of the payroll calendar year will not be credited with floating holidays until their return to work. In such cases, floating holidays will be prorated for the year once the employee returns to work.

New employees who join the City after the start of the calendar year will receive floating holidays on a prorated basis.

Floating holidays are not cumulative and must be taken in the same calendar year credited and do not accumulate or carry over to subsequent years.

Section 10. Documentation Regarding Organized Mess

In order that all membe rs of each f ire company are available at all times to respond to emergencies as quickly and efficiently as possible, and in order to provide for harmony and fellowship among the members of f ire companies, there shall be a common organized mess at each f ire station to which all bargaining unit employees assigned to that s tation shall be required to contribute on a daily basis. The Captain on each shift at each station shall normally make all assignments as to the duties to be performed by those employees in regard to the common mess. The Employer shall not be responsible for financially

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14 supporting or otherwise paying the cost of any on duty meal. Employees may be exempted from the common mess only for valid medical or religious reasons that have been verified to the City’s satisfaction.

This provision is intended to satisfy Internal Revenue Service requirements as to the existence of a requirement that employees contribute to an organized mess.

Section 11. Fire Prevention Certificate Pay

Fire prevention personnel hired after July 1, 2012 shall receive an additional four percent (4%) of base salary for obtaining the California Fire Service Training and Education System Fire Prevention Officer (Level 1) certificate.

Section 12. Paramedic Program and Compensation

12.1 Program Description

The Department intends to maintain advanced life support (“ALS”) capability through the assignment of one (1) designated Firefighter/Paramedic on each Engine Company and each Truck Company. Employees hired as Firefighter/Paramedics must maintain their paramedic license s and participate in the paramedic program as a condition of employment, unless allowed to withdraw from the program in accordance with Section 12.3 below.

12.2 Paramedic Staffing

Minimum paramedic staffing shall consist of one assigned Firefighter/Paramedic per Company.

12.3 Withdrawal Process

Firefighter/Paramedics are expected to maintain their paramedic licenses and participate in the paramedic program unless the Fire Chief approves their withdrawal from the paramedic program in accordance with the following procedure:

A. Paramedics must serv e a minimum of five (5) y ears in the paramedic program absent extraordinary circumstances. Paramedics who seek to withdraw from the paramedic program after five ( 5) years of paramedic service in the program shall advise the Fire Chief of their desire to do so six (6) months in advance.

B. The Department shall maintain a sufficient number of paramedics to satisfy the minimum paramedic staffing requirement and to meet operational needs. A verified ability to staff the minimum need must exist before any employee is allowed to leave the paramedic program.

C. In the event that there are multiple requests for withdrawal from the paramedic program , priority shall be based on Department seniority regardless of rank.

D. Paramedics wishing to leave the program must either maintain their paramedic license or obtain an Alameda County EMT certification prior to withdrawal and maintain this certification as a condition of employment.

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15 E. Paramedics who promote to a higher rank may maintain their paramedic licenses. The Department agrees to cover the costs of licensing and continuing education as outlined in Section 12.4 of this MOU.

12.4 Paramedic Licensing and Continuing Education

Paramedics are responsible for maintain ing their paramedic licenses and fulfilling all state and county licensure, accreditation and continuing education requirements.

The Department will pay all fees and cost associated with paramedic licensure and accreditation for all employees in the par amedic program, including application and licensure fees tuition and textbooks for required courses and certifications, and approved overtime to complete continuing education classes outside an employee’s normal working hours.

The Department agrees to provide on duty continuing education classes whenever possible.

12.5 Paramedic Pay

Paramedics will receive additional compensation while serving in the assignment. Effective the first full pay period following Union ratification of this MOU, t he compensation received shall be equal to ten percent (10%) of the employee’s base pay (“paramedic premium pay”).

Paramedics who promote to Engineer or Captain (i.e. paramedics of rank) will receive paramedic premium pay only when assigned or serving as the Company paramedic, not the additional four -percent (4%) paramedic of rank premium as noted below. Effective the first full pay period following Union ratification of this MOU, paramedics of rank who maintain their paramedic licenses and participate in the paramedic program will receive an additional four percent (4%) of top step Firefighter base monthly pay.

12.6 Paramedic Preceptor/Field Training Officer (FTO) Pay

Paramedics who serve as preceptors/field training officers to paramedic students/trainees/interns shall receive sixty dollars ($60) per shift when precepting/training a paramedic students/trainee/intern.

Section 13. Vacations

13.1 Vacation Eligibility

All employees accrue paid vacation leave from their date of hire and may begin using accrued paid vacation leave after six (6) months of continuous service with the Department.

13.2.1 Vacation Accrual

A. Employees assigned to a fifty -six (56) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

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16 Years of Continuous Service Monthly Accrual Rate First through fourth year 12 hours
Fifth through ninth year 16 hours
Tenth through twelfth year 20 hours
Thirteenth through fifteenth year 22 hours
Sixteenth year and above 24 hours

B. Employees assigned to a forty (40) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Accrued vacation leave shall be credited to each employee’s account biweekly.

13.3 Vacation Accumulation

Eligible employees may accumulate and maintain up to a maximum of four hundred thirty-two (432) hours of accrued vacation leave.

Employees are not allowed to accrue vacation hours above the cap. At any time an employee reaches four hundred thirty-two (432) hour cap, the employee will cease accruing additional vacation leave until such time as the balance falls below the cap. However, in the event an employee has requested to take vacation but been denied or otherwise prevented from using vacation leave due to extenuating circumstances , the employee may submit a written request to the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.

Effective September 15, 2012, any accrued vacation leave in excess of three hundred sixty (360) hours was placed in a separate Excess Vacation Bank for each affected employee. Employees shall be entitled to use the hours in the Excess Vacation Bank for vacation or for extended leave in the same manner as regular vacation hours. The hours shall be paid out at the pay rate of the employee when utilized.

13.4 Vacation Scheduling and Use

Vacation selection will be subject to the procedure stated in the department policy except for those areas specifically stated differently in this article.

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17 consecutively. Once the most senior employee makes an initial v acation selection, the next most senior employee will make an initial selection of vacation shifts/hours. This process shall continue until all employees have an opportunity to make an initial selection of vacation. After all employees make their initial selections, second choice vacation selections will occur . Second choice vacation selections will be done in the same manner as the first choice selections. After the second choice vacation selections are completed, the third choice selections can begin and so on until no one wishes to choose any more vacation time.

B. For the annual scheduling done in January no more than seven (7) persons of any rank are allowed to be off on vacation leave at any given time. Vacation requests by a n eighth (8th) or additional person requires the requesting person to provide the name of the coverage person.

C. Employees may take vacation on Thanksgiving, Christmas Eve and Christmas Day after all shifts have been filled and they provide the name of the coverage person.

D. Fire suppression employees assigned to 24- hour shifts schedules must use vacation leave in increments of either twenty -four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

E. If two (2) or more employees from the same employing agency have the same employment date, seniority will be determined by placement on the employment list. If two (2) or more employees from different hiring agencies have the same employment date, seniority will be determined by drawing from a hat.

F. Fire Prevention Personnel will utilize a vacation scheduling program consistent with the process used for suppression personnel.

G. Authorized emergency vacation may be allowed due to special circumstances and temporary assignments will be made to accommodate such a need.

J. When an employee carries a negative balance no additional vacation may be taken until a sufficient number of vacation hours have been earned.

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18 13.5 Vacation Pay at Termination

All employees shall be paid for all vacation leave earned prior to the effective date of termination. Such compensation shall be paid to employees in one lump sum in a final check. Employees understand that if there is a deficit balance in their vacation leave accoun ts at termination , that deficit amount will be deducted from final compensation.

13.6 Vacation Sell Back

Employees may request to sell back up to two hundred forty (240) hours of accrued vacation leave in each calendar year. Employees may sell back accrued vacation leave in one (1) hour increments with a minimum sell back of eight (8) hours on the first pay date in March, June, September and December of each year. Written requests for payment must be made by the employee fifteen (15) days in advance of the first pay date in March, June, September and December.

Section 14. Sick Leave

14.1 Sick Leave Accrual – 56 Hour Shift Employees

All employees assigned to 56-hour work schedules shall earn paid sick leave at the rate of eleven and two- tenths (11.2) hours for each month of service while assigned to a 56- hour work schedule. Probationary employees assigned to a 56-hour work schedule who successfully complete their 18-month new employee probationary period shall receive a one -time lump sum credit of four hundred seventy and four -tenths (470.4) hours of paid sick leave in addition to the sick leave accrued during their probationary period.

Employees assigned to 56-hour work schedules may accumulate a maximum of 2,912 sick leave hours.

14.2 Sick Leave Accrual – 40 Hour Employees

All employees assigned to forty (40) hour work schedules shall earn paid sick leave at the rate of eight (8) hours for each month of service while assigned to a 40- hour work schedule. Probationary employees assigned to a 40- hour work schedule who successfully complete their 12- month new employee probationary period shall receive an one-time lump sum credit of three-hundred eighty-four (384.0) hours of paid sick leave in addition to the sick leave accrued during their probationary period.

Employees assigned to forty (40) hour work schedules may accumulate an unlimited number of sick leave hours; however, sick leave hours accumulated in excess of one thousand four hundred and forty (1440) may be used solely for CalPERS services credit in accordance with Government Code Section 20862.8 “Credit for Unused Sick Leave”.

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19 Employees are allowed a sick leave deficit of twenty-four (24) hours beyond that actually earned.

14.3 Sick Leave Usage

Employees may use accumulated sick leave in one (1) hour increments as follows:

A. For the employee’s own diagnosis, care, or treatment of an existing health condition or for the employee’s own preventative care, including routine medical and dental appointments.

B. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including routine medical and dental appointments. For purposes of this provision, “family member” includes: a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive or foster 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, spouse, registered domestic partner, grandparent, grandchild, or sibling. Employees assigned to a 56-hour work schedule may utilize a maximum of one hundred forty- four (144) hours of accumulated sick leave per calendar year and employees assigned to a 40-hour work schedule may utilize a maximum of (96) hours of accumulated sick leave for this purpose.

C. Sick Leave may also be used to obtain any relief or services related to being a victim of domest ic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:

• A temporary restraining order or restraining order.
• Other injunctive relief to help ensure the health, safety or welfare of them selves or their children.
• To seek medical attention for injuries caused by 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.
• 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.

14.4 Sick Leave Procedure

A. Employees are required to report the need for sick leave in accordance with Department policy.

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20 B. If an employee is on vacation and a permissible use of sick leave occurs while on vac ation, the employee may report the need for sick leave in accordance with Department policy and request to be taken off vacation leave and be placed on sick leave for the hours the employee is eligible for sick leave as specified in Section 14.2 of this MOU.

C. The Fire Chief may request a physician’s certificate or a personal affidavit verifying an employee’s need for sick leave when there is evidence of excessive sick leave usages and/or a pattern of sick leave misuse, abuse or falsification (i.e., using sick leave in conjunction with days off, vacation, holidays or otherwise).

D. Employees who are eligible for temporary disability payments may use accumulated sick leave in order to maintain their regular income; provided, however, the employee is allowed a credit towards sick leave to the extent that temporary disability payments are retained by the Department.

E. Any purposed changes to the Department’s current attendance management program shall be negotiated with the Union.

Section 15. Leaves

15.1 Leave of Absence

The City Managers may grant a full-time regular employee leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the Department. No such leave shall be granted except in writing stating the reasons for the requested leave. Upon expiration of the leave the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report to work promptly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discipline. The Fire Chief may grant a full -time regular employee a leave of absence without pay for one (1) calendar week. During unpaid leave, an employe e shall not accrue vacation or sick leave benefits, nor shall said time be considered service time. Holiday in lieu payments for which an employee would otherwise be eligible shall be adjusted on a pro-rata basis to reflect an employee's leave time.

15.2 Jury Service Leave

Employees who are summoned for jury service in state or federal court shall receive their regular pay for all time they are necessarily absent from work in order to satisfy their jury service. The City may require proof of the time spent in such jury service as a condition of receiving the time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service and are not required to return for additional jury service the following day shall report directly to work to complete the remainder of their shift or workday. Employees who are required to serve as jurors shall not have their regular starting and ending work times changed as a result of jury service.

15.3 Leaves Resulting from Subpoena

A. Employees subpoenaed or called to appear as a witness in an administrative or legal proceeding about a work- related matter shall be granted time off with pay for all time necessarily spent in

EXHIBIT A
211
21 compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

B. Employees subpoenaed or called to appear as a witness on behalf of the City or Department during their off duty hours shall receive compensation as hours worked in accordance with Section 7 of this MOU for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

15.4 Military Leave

15.5 Family, Medical and Pregnancy Disability Leave

The City will abide by all federal and state family, medical and pregnancy disability leave laws.

15.6 Catastrophic Leave

The City will maintain a Catastrophic Leave Policy as outlined in Appendix B to this MOU.

15.7 Bereavement Leave

Employees are entitled to paid leave from duty (including shift trade days) for up to two (2) shifts (48 hours) for fire suppression personnel and up to forty (40) hours for fire prevention/40- hour personnel in order to attend the funeral or memorial servi ce of an immediate family member and/or to assist with matters relating to the decedent’s estate. Employees may utilize other paid leaves (inclu ding sick leave) to extend bereavement leave when approved by the Fire Chief.

For purposed of this provision, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother -in-law, father -in-law, brother, stepbrother, sister, stepsister, brother -in- law, sister -in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son- in-law, daughter-in-law or grandchildren.

15.8.1 Union Leave Bank

A. Leave Donations

Effective the first full pay period in July of each year, active bargaining unit employee may voluntarily elect to contribute to the Union Leave Bank by reducing their individual vacation accrual by six (6) hours for 56 hour personnel and either four (4) hours of vacation accrual or compensatory time for 40 hour personnel. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 1500 hours, the contribution of hours described above will not occur for that fiscal year.

EXHIBIT A
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22 Employees hired during the year will have no deduction until the following fiscal year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank.

B. Usage of the Union Leave Bank

Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met:

1. The absence is for a union authorized event or purpose.

2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence.

3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence.

4. The absence is approved in writing by shift Battalion Chief.

The Battalion Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence in accordance with the current practice for obtaining shift replacements .

However, nothing in this section shall supersede the Fire Chief’s duty to maintain management control over the Department to ensure adequate staffing for daily operations and emergency situations.

C. Payment for Union Leave

When bargaining unit employees receive the appropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering the open shifts(s) shall be made at the employee’s applicable regular or overtime rate on an hour- for-hour basis from the Union Leave Bank. Employees absent from work on union l eave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly.

D. Indemnification

1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws governing the taxation of the donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its administration of the Union Leave Bank, including reasonable attorney fees.

EXHIBIT A
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23 2. The City assumes no responsibility for how union time is utilized. Time spent on union leave is not considered work time for purpose of worker’s compensation or any other purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees.

Section 16. Health and Welfare

16.1 Hospital and Medical Care - Active Employees

A. Contributions

The City will continue to contribute a monthly amount for each employee no greater than the family rate of the lowest cost HMO plan.

All employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25.00 per month

2. The difference between the family rate of the lowest cost HMO and the premium of the employee’s more expensive plan selection.

Contributions will be deducted from the employee’s paycheck on a pre-tax and bi- weekly basis.

Effective January 2020, all employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25.00 per month for employee only coverage; $25 per month for employee+1 coverage; or $50 per month for family coverage.

2. The difference between the family rate of the lowest cost HMO and the premium of the employee’s more expensive plan selection.

Contributions will be deducted from the employee’s paycheck on a pre-tax and bi-weekly basis.

B. Increases in Premiums

Effective July 1, 2009, the City will pay for any increase in the medical plan premiums up to a maximum of 15% annually of the lowest cost HMO family rate. The difference will be deducted from the employee’s paycheck on a pre -tax basis. This amount will be in addition to the employee contributions outlined in section 16.1 A.

In the event that the medical premium increase is less than 15%, the City’s sole obligation is to pay the lower percentage increase.

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24 C. Plan Co-Pays

The health maintenance organization (HMO) medical plans co -pays shall be ten dollars ($10) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, fifteen dollars ($15) for brand and thirty- five dollars ($35) for non- formulary (the Kaiser HMO provides for a two-tier prescription drug plan). The Preferred Provider Organization (PPO) medical plan co-pays shall be fifteen dollars ($15) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, twenty-five ($25) for brand and thirty- five dollars ($35) for non-formulary.

D. Changes to Plan Designs

During the term of this a greement, the City reserves the right to propose changes to the plan designs and co- pay structure in order to reduce costs to the City and employees.

Changes to plan design shall be by mutual agreement.

16.2 Health and Medical Care – Retired Employees

A. Spousal Continuation of Benefits

In the case where the employee eligible for two-party coverage is deceased, the amount the City is obligated to pay shall be reduced by one half (1/2). If the spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits.

B. Plan Design

Employees who retire on or after July 1, 2009, will have the same benefit co-pay and plan design as provided to active employees in accordance with Section 16.1.C and are subject to the 15% premium cap provisions of Section 16.1.B.

C. V esting Schedule for Employees Hired Before July 1, 2012

1. Service Retirement

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25 2. Disability Retirement

F or all employees who retire due to disability, the City shall pay a percentage of the City’s contribution toward the monthly premium for employee plus one dependent (two- party rate) for the lowest cost HMO plan in accordance with the schedule set forth below:

Years of Service City's Contribution
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25 + years of service 100%

3. City Contributions

The City’s contribution for retiree medical is established as the same dollar contribution paid for active employees at the employee plus one rate of the lowest cost HMO early retiree plan.

Employees who retire on or after January 1, 2024 will begin to receive a benefit calculation based on the City’s contribution for an active employee at the employee plus one rate of the lowest cost HMO plan. The minimum monthly contribution is currently twenty-five dollars ($25) per month.

4. Reimbursement for non-City Plans

In the event a retiree obtain s medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retire e up to the amount outlined in Section 16.2.C.3 but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees

All retirees eligible for Medicare are required to apply for Medicare benefits. Upon qualifying for and receiving parts A and B of Medicare, the City shall not be obligated to contribute an amount in excess of the monthly premium for the lowest cost HMO

EXHIBIT A
216
26 health plan supplement to Medicare for employee and one dependent coverage (two- party rate).

D. Vesting Schedule for Employees Hired On Or After July 1, 2012

1. Service Retirement

For all employees who are hired on or after July 1, 2012 and retire from service, the City shall provide the following benefit:

T he City shall pay for each year of service equivalent to four percent (4%) of the City’s contribution toward the monthly premium for single coverage.

2. Disability Retirement

For all employees who retire due to disability, the City shall pay a percentage of the City’s contribution toward the monthly premium for single coverage for the lowest cost HMO plan in accordance with the schedule set forth below:

Years of Service City's Contribution
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25 + years of service 100%

3. City Contributions

The City’s contribution for retiree medical is established as the same dollar contribution paid for active employees at the single rate of the lowest cost HMO early retiree plan.

Employees who retire on or after January 1, 2024 will begin to receive a benefit calculation based on the City’s contribution for an active employee at the employee only rate of the lowest cost HMO plan. The minimum monthly contribution is currently twenty-five dollars ($25) per month.

EXHIBIT A
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27 4. Reimbursement for non-City Plans

In the event a retiree obtain s medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the amount outlined in Section 16.2 D.3 for the single rate, but no more than the amount paid by the retiree .

Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees

Retiree health benefits will cease once a retiree becomes Medicare eligible.

6. Retiree Health Savings Account

Employees hired between July 1, 2012 and May 1, 2013:

E
ffective January 1, 2015:

EXHIBIT A
218
28 contributing to the RHSA may increase the employee contribution above one hundred and fifty dollars ($150) if a fixed amount is agreed to by, and implemented for, all contributing employees.

Employees have a vested right to the funds at the time of deposit. Funds deposited in the RHSA are portable and belong to the employee, regardless of length of service or reason for separation.

Federal or State Legislation

16.3 Dental

The City shall contribute an amount necessary to provide dental care benefits for the individual employees and eligible dependents. The City shall provide a lifetime maximum orthodontia coverage of $2,000 for individual employees and eligible dependents.

16.4 Life Insurance

The City shall contribute an amount necessary to provide $50,000 life and $50,000 accidental death and dismemberment insurance coverage for individual full-time employees.

Employees may purchase, at their own expense and within the limits set by the insurance carrier, additional amounts of life insurance under the existing policy.

16.5 Vision Care

A vision care plan will be provided as an option for employees and the cost of such coverage shall be included in the 125 Plan (see Section 16.6).

16.6 Cafeteria Plan

An Internal R evenue Code Section 125 Cafeteria Plan is provided to each full -time employee who is eligible to enroll in one of the medical insurance plans offered by the City but elects to waive participation in such medical plans and/or the City’s vision care plan. Proof of alternative medical coverage is required for an employee to waive participation in the City’s medical plans.

The 125 Cafeteria Plan affords employees an opportunity to obtain plan credits for the purpose of: (1) purchasing supplemental benefits; (2) redirecting credits to a flexible spending account; or (3) cashing out credits at a rate of $0.35 on the dollar. Plan credits are based on the combined sum of the monthly premiums for Kaiser employee-only medical coverage and the vision care plan at family level coverage adjusted annually on a dollar-for-dollar basis to match any changes in the monthly premiums. The maximum contribution limit for medical reimbursement under the Section 125 Cafeteria Plan is $2,650 per year.

EXHIBIT A
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29 In the event an individual employee loses their primary coverage, the City will allow the employee to re- enroll in the City’s health plans within thirty (30) days of receiving notice that primary coverage has been lost, thereby enabling the continuation of benefits to the employee.

The City will consider adding supplemental insurance products to the Cafeteria Plan to the extent such benefits can be offered within an IRC 125 Plan on a pre-tax basis.

16.7 Long- Term Disability

The City shall pay to the Union the sum of twenty-nine dollars and fifty cents ($29.50),up to a maximum of forty dollars ($40.00),towards the monthly premium for each bargaining unit employee enrolled in the Union's long-term disability plan. Said payments shall be made in arrears monthly.

16.8 Extended Benefits

The City will consider voluntary proposals from the Union's membership to utilize their leave and medical benefits to extend the leave and medical benefits for employees on protracted medical leave.

16.9 Employee Assistance Program

The City shall provide an Employee Assistance Program for employees covered by this MOU.

Section 17. Retirement

The City shall continue contracting with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for all bargaining unit employees.

17.1 Retirement Plans and Employee Contributions

A. Employees hired before December 22, 2012 (Tier 1 Classic)

Employees hired prior to December 22, 2012 are provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period. Such employees shall contribute

9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

Effective July 11, 2020, Tier 1 Classic employees shall contribute an additional one -half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

B. Employees hired on or after December 22, 2012 (Tier 2 Classic)

Employees hired on or after December 22, 2012 and before January 1, 2013, and employees hired on or after January 1, 2013 who are otherwise “classic” employees, are provided the CalPERS 3% @ 55 local safety plan with the 36- month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards

EXHIBIT A
220
30 the employer share (12% total employee contribution) for the CalPERS 3% @ 55 l ocal safety plan.

Effective July 11, 2020, Tier 2 Classic employees shall contribute an additional one -half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA)

Employees hired on or after January 1, 2013 who are defined as “new” members by CalPERS are provided the CalPERS 2.7% @ 57 local safety plan with the 36- month final compensation period. Such employees shall contribute 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.

D. PERS Status for Fire Prevention Personnel

The classifications of Fire Inspector and Hazardous Materials Inspector are included in the CalPERS safety plans maintained for the line personnel.

17.2 Additional Retirement Benefits

All employees shall receive the following additional contracted for optional CalPERS benefits:

Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Level
Section 21548, Pre- retirement Option 2W Death Benefit

17.3 Pre-tax Employee Contribution

All contributions paid by employees towards the cost of CalPERS pension benefits will be deducted on a pre-tax basis to the extent permitted by law.

Section 18. Fire Inspectors

The Department recognizes the importance of maintaining a core of trained fire investigators.

Therefore, Fire Inspectors will be encouraged to participate as members of the Alameda County Arson Task Force.

Section 19. Uniforms

19.1 Uniform Allotment

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31 shall provide the foregoing items at no cost to new employees. However, newly hired employees are required to pay fifty percent (50%) of the cost of the Department -required items: one (1) ball cap, three (3) t-shirts, one (1) winter jacket, and approved workout gear. The Department shall replace uniform pants and boots for employees as needed on a one for one basis.

19.2 Uniform Maintenance Allowance

The Department shall provide bargaining unit employees with a uniform allowance as follows:

Fire Suppression personnel: $650 per year (paid on a bi-weekly basis).

Fire Inspectors and Hazardous Materials Inspectors: $800 per year (paid on a bi-weekly basis).

19.3 Uniform Changes

Uniform changes initiated by the Department shall be made at the expense of the Department.

All bargaining unit employees shall wear the same uniforms.

Section 20. Credit Union

The City shall implement a voluntary payroll deduction option for employees who wish to join the Firefighter First Credit Union, First United Services Credit Union or UNCLE Credit Union for the purposes of transacting business with these credit unions.

Section 21. Tuition Reimbursement

Regular employees are eligible for tuition and fee reimbursement for college or university courses successfully completed with a grade of “C” or better, provided said courses have been approved in advance by the Fire Chief and are taken from an educational institution accredited by the Western Association of Schools and Colleges, or any other accrediting agency approved by Human Resources.

Tuition is reimbursed in the amount up to, but not to exceed, the annual registration fees levied by California State University, East Bay for degrees available at the time the employee enrolled in the course(s) for which the tuition reimbursement is requested. Eligible fees shall be limited to: university fee; student body fee; IRA (instructional related activity) fee; facility fee; university union fee; health services fee and ID fee.

The maximum tuition and fee reimbursement an employee may receive per fiscal year shall not exceed the annual maximum levied by California State University, East Bay for the four quarter academic year beginning with the proceeding fall quarter. Employees accepted and enrolled in an undergraduate program are eligible to receive reimbursement up to the full- time equivalent for undergraduate tuition and fees at CSU East Bay. Employees accepted and enrolled in a graduate program are eligible to receive reimbursement up to the full-time equivalent for graduate tuition and fees at CSU East Bay.

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32 Requests for tuition and fee reimbursement are to be submitted at the completion of each quarter o r semester during which the courses were completed. A n official receipt verifying the tuition and fee charged, the tuition and fees paid, and a transcript of grades shall accompany the reimbursement request.

Section 21.1 Educational Incentive

Effective the first full pay period following Union ratification of this MOU employees who complete qualifying courses or attain the identified degrees shall receive educational incentive pay on a monthly basis as follows:

Sixty (60) or more accredited college $50/month
semester units-at least twenty-four (24)
units must be in fire science

AA/AS Degree in Fire Science $100/month

BA/BS Degree $150/month

Masters/PhD $175/month

The above education incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

21.2 City of Pleasanton Fire Department Employees (Grandfathered Plan)

Former members of the City of Pleasanton Fire Department shall continue receiving the grandfathered educational incentive pay described below or the education incentive pay provided in Section 22.1 above, whichever is greater.

Employees having enrolled in the educational incentive pay plan on or before July 1, 1988, shall upon completion of five (5) years of service with the City of Pleasanton Fire Department, receive educational incentive pay as provided below:

Eligible
Educational Level Positions Pay %

A.A. or A.S. in Fire Science Firefighter 2-1/2% Fire Engineer

Sixty (60) accredited Firefighter 2-1/2%
semester units of which 24 units Fire Engineer
must be in Fire Science

Ninety (90) accredited quarter Firefighter 2-1/2% units of which thirty-six (36) must Fire Engineer
be in the field of Fire Science

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33 B.S. or B.A. Degrees Firefighter 5%
Fire Engineer 5%
Fire Captain 2-1/2%

One Hundred Eighty (180) quarter Firefighter 5% hour units to include: Fire Engineer 5%
--a minimum of 90 upper division Fire Captain 2-1/2%
quarter hour units; and
--a minimum of 72 quarter hour units
in a major field of study of which a
minimum of 36-quarter hour units
must be upper division courses

One Hundred Twenty (120) semester Firefighter 5% hour units to include: Fire Engineer 5%
-- a minimum of 60 upper division Fire Captain 2-1/2% semester hour units; and
-- a minimum of 48 semester hour units
in a major field of study of which a
minimum of 24 semester hour units
must be upper division courses

The above educational levels are not cumulative. The maximum educational incentive pay received by a Firefighter or Fire Engineer shall not exceed five percent (5%); the maximum educational incentive pay received by a Fire Captain shall not exceed two and one-half percent (2.5%) nor shall an employee receive incentive pay for more than one educational level at the two and one half percent (2.5%) rate nor more than one educational level at the five (5%) rate.

Section 22. Probationary Period

22.1 Length of Probationary Period

All original appointments to f ire suppression positions shall be tentative and subject to a probationary period of eighteen (18) months actual service. The probationary period for fire prevention personnel shall be twelve (12) months.

Promotional appointments shall be subject to a probationary period of twelve (12) months service time.

Personnel who serve in a long term acting assignment any time during the two (2) years prior to their promotion with receive credit towards the twelve (12) month promotional probationary period for their long term acting assignments up to a combined maximum of six (6) months. All other provisions of probationary period will apply.

22.2 Notification Requirements

An employee who is not rejected prior to the completion of the prescribed probationary period shall be deemed to have passed the prescribed probation period automatically subject to the provisions of Section

22.3. EXHIBIT A
224
34 22.3 Extension of Probationary Period

The Fire Chief may extend the probationary period once for a period not to exceed ninety (90) days, in order to further evaluate the performance of the probationary employee.

22.4 Rejection of Probationary Employee - Promotional Appointment

Any employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted.

At any time during the first three (3) months of the employee’s probationary period, the employee shall have the option of voluntarily returning to their previously held position.

Section 23. Promotion, Demotion and Long -Term Acting Assignments

A. Promotion

Promotional or open-promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employees who meet the requirements set forth in the examination announcements may compete in promotional examinations.

Insofar as consistent with t he best interests of the D epartment as determined by the Fire Chief, vacancies in the D epartment shall be filled by promotion from within the D epartment after a promotional examination has been given and a promotional list established.

Upon completion of all promotional testing, the names of the persons having the highest three (3) scores on the eligibility list shall be submitted to the Fire Chief for consideration. Promotional examination scores will be calculated to the nearest tenth of a point (example – 95.2 points).

Time in grade requirements for promotion will be three (3) years with the Department for Fire Engineer, and five (5) years with the Department for Fire Captain. If, in the opinion of the Fire Chief, a vacancy in the D epartment should be filled by an open- competitive examination instead of promotional examination, the Fire Chief shall arrange an open-competitive employment list consistent with the Personnel Rules.

B. Demotion

Bargaining unit employees who are promoted to a chief officer classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a chief officer shall be reinstated to a bargaining unit position in the classification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification.

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225
35 The rank seniority and overtime factor provisions of this section apply to employees who voluntarily demote and those who are involuntarily demoted from their positions during their 12-month promotional probationary period. However, employees who demote after attaining permanent status in their promoted position will be places in an open position in their former classification and will not be credited with any previously earned rank seniority. Such employees “start-over” for rank seniority and their overtime factor will be reset as in the paragraph above.

Chief officers hired from outside the bargaining unit cannot demote in to a fire suppression position within the bargaining unit. They do not have a former fire suppression classification in the bargaining unit to which they may be returned.

C. Long-Term Acting Assignments

Qualified personnel may be placed in long- term acting assignments to fill long -term vacancies resulting from workers compensation injuries, modified duty assignments, medical leave, or other approved long-term absences. Long-term vacancies are defined as those lasting longer than ten (10) consecutive shifts. Once it is determined that a vacancy will last longer than ten (10) consecutive shifts, a long-term acting assignment may be made to fill the vacancy prior to the tenth shift.

Personnel filling long- term acting assignments may be moved across shifts and will receive all pay and benefits of the position to which they are assigned as if promoted to the position. Acting assignments are limited to ninety (90) calendar days when other eligible employees are available, qualified, and interested in the acting assignment. Personnel may rotate into an acting assignment more than once and for longer than ninety (90) days depending on the availability of other employees to fill the acting assignment. Personnel who participate in an acting assignment will receive probationary credit in the higher classification up to a maximum of six (6) months, regardless of the total combined duration of the acting assignments. Personnel who provide satisfactory service in an acting assignment for a continuous twelve ( 12) months are eligible for salary advancement in accordance with Section

5.4 of this MOU for the remaining duration of the acting assignment.

Long-term acting assignments shall not be used for day- to-day vacancies such as those created by vacation or sick leave relief and are not intended to cause an adverse impact to any one rank (more than two long-term vacancies in that rank on the same division).

The use of short-term acting assignments is identified in Section 7.3 D, Rank-for-Rank Overtime and Short-Term Acting Assignments.

The operational procedures of acting assignments are outlined in Department policy.

Section 24. Resignation, Reinstatement and Layoff

24.1 Automatic Resignation

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36 satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was effected.

24.2 Voluntary Resignation

An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2) weeks in advance of the effective date of the resignation.

24.3 Reinstatement

With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated within two (2) years of the effective date of resignatio n to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment.

When an employee is reinstated within a two year period, the employee’s seniority date shall be the date of the reinstatement, not the original appointment date except for service time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD.

Reinstated employees may use prior service credit for promotional eligibility purposes.

Reinstated employees may petition the Fire Chief after six months to be removed from probationary status.

24.4 Layoff

The Fire Chief may lay off an employee because of material changes in duties, organization or shortage of work or funds.

“Notice of Intent to Lay Off” will be provided to employees who may be impacted and the Union at least 16 weeks prior to the anticipated date of lay off, thus allowing employees to register for the Displaced Firefighters List.

The employee having the least length of total continuous service with the Department in the classification, in which the Fire Chief is laying off, shall be laid off first.

Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through displacement have changed classification shall have their nam e placed upon a re -employment list in seniority order.

The employee with the highest seniority on a re -employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Each name shall be carried on a re- employment list for a period of one (1) year from the date of lay off from Department service or change of classification through displacement. The Fire Chief may extend the name(s) on a re -employment list for an additional one (1) year. No nam e shall be carried on a re-employment list for a period longer than two (2) years from the date of lay off from Department service or change of classification through displacement unless authorized by the City Manager.

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37 Section 25. Discipline

The Department has the right to discipline, demote or discharge employees for cause.

Letters of Written Reprimand

Section 26. Grievances

26.1 A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any Fire Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

1. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination.

2. The dispute may be appealed, in writing, to the Fire Chief. The Fire Chief will render a determination.

3. The dispute may be appealed, in writing, to the City of Pleasanton City Manager’s Office. The City Manager or his/her designee will render a determination which shall be final.

26.2 Grievances shall be processed in the following manner:

1. Within thirty (30) days of the knowledge of an event giving rise to a grievance, an employee or the union may request in writing a meeting to discuss the grievance with the Deputy Fire Chief. The Deputy Fire Chief or his/her designee shall investigate the grievance and t he Deputy Fire Chief shall render a decision within fourteen (14) calendar days from the date the grievance was received.

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38 nature of the determination desired. The Fire Chief shall have fourteen (14) days from receipt of notification in which to investigate the issues , meet with the complainant and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under paragraph (4 below), which has not first been filed and investigated in accordance with this paragraph (3).

4. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to a Review Board comprised of two (2) members of the Union and two (2) Fire Department management representatives appointed by the Fire Chief. Notification to the Fire Chief of the need to proceed to this step must occur within 30 days of the Fire Chief’s decision in (3) above, or the grievance is considered settled.

The Review Board shall be convened within twenty- one (21) calendar days from the day the grievance was submitted to said Board. The Board shall render its findings and recommendations in writing to the Joint Executive Directors within fourteen (14) calendar days from the date it completed its review of the grievance, subject to the agreement set forth in Appendix C.

6. The Union may appeal the decision of the Joint Executive Directors by requesting that the grievance be referred to an impartial arbitrator. The Union's decision to refer the grievance to arbitration shall be made within fourteen (14) days of the notification of the Joint Executive Directors decision. The arbitrator shall be designated by mutual agreement between the Union and the Joint Executive Directors. The fees and expenses of the arbitrator and court reporter shall be shared equally between the Fire Department and the Union. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

7. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law, Ordinances and Resolutions of the Livermore - Pleasanton Fire Department JPA.

26.4 No Review Board and no arbitrator shall entertain, or hear, any dispute unless such dispute involves a position in the unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Subsection 26.1.

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39 Review Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto or to establish any new terms or conditions of employment.

26.6 If the Fire Chief in pursuance of the procedures outlined in subsection 26.2 above resolves any grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost time or to reinstatement with or without payment for lost time.

26.7 All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances.

Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from the date upon which the complaint was filed except in instances where retroactive adjustments are mandated by federal or state law, or required by outside entities.

All grievances of employees represented by the Union shall be processed under this section.

Section 27. Medical Examination

27.1 Fitness for Duty Exams

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40 selected by the Department s hall conduct the fitness for duty examination and the full cost of the examination shall be borne by the Department, as shall any medical examination required by the Employer. A copy of the medical examination report shall be given to the employee. Should the employee disagree with the opinion of the Department’s physician , the employee may consult with their own physician (at the employee's expense) . I f the employee’s private physician's report conflicts with the Department's physician in terms of ability to perform the duties of the employee's regular job, the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee and the Department will share the costs for the third examination.

The decision of the third physician concerning the employee’s fitness for duty shall determine the employee’s ability to return to work.

27.2 Wellness-Fitness/Modified Duty Program
On August 1, 2001, the Department and the Union adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative (3
rd Edition as amended). Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union.

The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevent s employees from performing their regular duties. The program is outlined in the Department General Orders.

The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppression duties, the Fire Chief will be notified that the employee is not fit for duty. No other information will be provided to the Fire Chief or Employer without the employee’s consent.

The Department shall provide a mandatory physical fitness program to the employees.

27.3 Substance Testing

Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix E to this MOU.

Section 28. Outside Employment

Employees who plan to engage in regular employment during their off duty time must notify the Fire Chief of said employment in writing on the Department’s Outside Employment Form.

No employee shall accept outside employment that creates a conflict with their full-time employment with the Department.

Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment.

Section 29. Disability Accommodations

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41 law and the accommodation conflicts with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department.

Section 30. Miscellaneous

30.1 Deferred Compensation Program

All employees are eligible to participate in the Employer's deferred compensation program. Any employee who chooses to participate in a deferred compensation plan shall pay the administrative fee, if any, the Employer may require.

Effective July 2, 2016, the City shall contribute 0.5% of the employees’ base compensation into a 457 deferred compensation plan. The contribution is tax- deferred, and counts towards the 457 annual maximum deferral as designat ed by the IRS. Employees without an existing 457 account with a City- sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required.

30.2 Helmets

Department-issued leather helmets are to remain with each individual at retirement.

30.3 EMT Certification

Emergency Medical Technician (“EMT”) certification is a mandatory condition of employment for fire suppression personnel. The Department will provide all necessary training and testing relating to the recertification process at no cost to employees. If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards. The expenses, in such cases , will be the responsibility of the employee. The six (6) month grace period, if requested, may be extended due to course availability but, employees must enroll and participate in the first available course.

30.4 Staffing

The parties agree that the desired minimum staffing is (3) personnel assigned to each type one engine company and a minimum of four (4) personnel assigned to each truck company within the Department.

The parties agree that four (4) person engine staffing may be appropriate based on Community Risk Assessment such as geography, potential isolation of personnel during significant incidents, and for specialized programs (e.g. hazardous materials response). Staffing levels are ultimately at the discretion of each City, and based on community need, economic conditions and City funding. Nothing in this MOU modifies any company staffing agreements unique to each City.

30.5 Fire Prevention Seniority

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42 30.6 Total Compensation Survey

Total compensation includes salary, and a variety of other benefits. Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement (CalPERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add- on costs for different tasks or services performed (e.g. paramedics, hazardous materials).

Total compensation information will be gathered from similar agencies to determine how the Employer’s benchmark classifications compare with comparable positions in other agencies. The agencies used for comparison are listed below.

Berkeley
Fairfield
Fremont
Hayward
Palo Alto
Richmond
San Ramon Valley Fire Protection District
Santa Clara (City)
Santa Rosa
Vallejo

Total compensation arrays will be provided to the Union three (3) months prior to the expiration of the MOU.

30.7 Continuity of Operations

The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or concerted refusal to perform customary duties during the term of this MOU. Further, neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU.

Section 31. Hazardous Material Response Team

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43 31.1 Hazardous Materials Staffing and Assignments

A. The parties have agreed to maintain the “Company” concept of the Haz-Mat team (i.e. Captain, Engineer, Firefighter/Paramedic and Firefighter). The maximum number of Haz -Mat team members per shift is five (5). Four (4) of the team members (Haz -Mat Captain, Engineer, Firefighter/Paramedic and Firefighter) are assigned to the designated Haz-Mat station. The fifth team member, determined by Department seniority, is not rank specific and may be assigned to the Haz-Mat station based on organizational need using the bid process whenever possible.

C. Procedures regarding staffing, assignments, training, withdrawal and other Haz-Mat specific topics are included in the Department’s Haz-Mat program policy.

31.2 Compensation

Personnel assigned to the Hazardous Materials Response Team will be compensated at five percent (5%) above their respective base rates of pay, subject to MOU Section 5.1.

31.3 Withdrawal Process

A Haz-Mat team member as defined in Section 31.1 shall be permitted to withdrawal from the Haz -Mat program following one (1) year of Haz-Mat service and with the approval of the Fire Chief. Withdrawal from the Haz-Mat program is governed by the Department’s Haz-Mat program policy.

Section 32. Bargaining Waiver and Separability of Provisions

Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect.

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44 Section 33. Existing Memorandum of Understanding

LOCAL 1974, INTERNATIONAL

ASSOCIATION OF FIREFIGHTERS,

AFL-CIO-CLC

LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS

AUTHORITY

By____________________________
Joseph McThorn

By____________________________
Gerry Beaudin

By____________________________
Craig Freeman

By____________________________
Isaac Mendel

By____________________________
Marianna Marysheva

By____________________________
Debra Gill

By____________________________
Loy Proudfoot

By____________________________
Kristen Hilton

By____________________________
James Smith

By____________________________
Jonathan Heller

By____________________________
Scott Canfield

By____________________________
Gerardo Preciado

By____________________________
Joseph Testa

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45 Appendix A

Salary Schedules

LPFD- IAFF LOCAL 1974 SALARY SCHEDULE -EFFECTIVE UPON CONTRACT RATIFICATION*

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 32.730$ 3,665.760$ 7,942.480$ 95,309.76$ 2 34.370$ 3,849.440$ 8,340.453$ 100,085.44$ 3 36.090$ 4,042.080$ 8,757.840$ 105,094.08$ 4 37.890$ 4,243.680$ 9,194.640$ 110,335.68$ 5 39.790$ 4,456.480$ 9,655.707$ 115,868.48$ 6 41.790$ 4,680.480$ 10,141.040$ 121,692.48$ FIREFIGHTER-8HR 1 45.830$ 3,666.400$ 7,943.867$ 95,326.40$ 2 48.120$ 3,849.600$ 8,340.800$ 100,089.60$ 3 50.520$ 4,041.600$ 8,756.800$ 105,081.60$ 4 53.050$ 4,244.000$ 9,195.333$ 110,344.00$ 5 55.710$ 4,456.800$ 9,656.400$ 115,876.80$ 6 58.500$ 4,680.000$ 10,140.000$ 121,680.00$ FIRE ENGINEER 7 44.550$ 4,989.600$ 10,810.800$ 129,729.60$ 8 46.770$ 5,238.240$ 11,349.520$ 136,194.24$ FIRE ENGINEER-8HR 7 62.360$ 4,988.800$ 10,809.067$ 129,708.80$ 8 65.490$ 5,239.200$ 11,351.600$ 136,219.20$ FIRE CAPTAIN 9 49.840$ 5,582.080$ 12,094.507$ 145,134.08$ 10 52.340$ 5,862.080$ 12,701.173$ 152,414.08$ FIRE CAPTAIN-8HR 9 69.770$ 5,581.600$ 12,093.467$ 145,121.60$ 10 73.280$ 5,862.400$ 12,701.867$ 152,422.40$ FIRE INSPECTOR 1 52.780$ 4,222.400$ 9,148.533$ 109,782.40$ 2 55.420$ 4,433.600$ 9,606.133$ 115,273.60$ 3 58.200$ 4,656.000$ 10,088.000$ 121,056.00$ 4 61.110$ 4,888.800$ 10,592.400$ 127,108.80$ 5 64.160$ 5,132.800$ 11,121.067$ 133,452.80$ HAZMAT INSPECTOR 1 52.780$ 4,222.400$ 9,148.533$ 109,782.40$ 2 55.420$ 4,433.600$ 9,606.133$ 115,273.60$ 3 58.200$ 4,656.000$ 10,088.000$ 121,056.00$ 4 61.110$ 4,888.800$ 10,592.400$ 127,108.80$ 5 64.160$ 5,132.800$ 11,121.067$ 133,452.80$ HAZMAT COORDINATOR 1 57.380$ 4,590.400$ 9,945.867$ 119,350.40$ 2 60.240$ 4,819.200$ 10,441.600$ 125,299.20$ 3 63.250$ 5,060.000$ 10,963.333$ 131,560.00$ 4 66.410$ 5,312.800$ 11,511.067$ 138,132.80$ 5 69.730$ 5,578.400$ 12,086.533$ 145,038.40$

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46 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JANUARY 7, 2023

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL

FIREFIGHTER 1 33.880$ 3,794.560$ 8,221.547$ 98,658.56$ 2 35.570$ 3,983.840$ 8,631.653$ 103,579.84$ 3 37.350$ 4,183.200$ 9,063.600$ 108,763.20$ 4 39.220$ 4,392.640$ 9,517.387$ 114,208.64$ 5 41.180$ 4,612.160$ 9,993.013$ 119,916.16$ 6 43.250$ 4,844.000$ 10,495.333$ 125,944.00$ FIREFIGHTER-8HR 1 47.430$ 3,794.400$ 8,221.200$ 98,654.40$ 2 49.800$ 3,984.000$ 8,632.000$ 103,584.00$ 3 52.290$ 4,183.200$ 9,063.600$ 108,763.20$ 4 54.910$ 4,392.800$ 9,517.733$ 114,212.80$ 5 57.660$ 4,612.800$ 9,994.400$ 119,932.80$ 6 60.550$ 4,
844.000$ 10,495.333$ 125,944.00$
FIRE ENGINEER 7 46.110$ 5,164.320$ 11,189.360$ 134,272.32$ 8 48.410$ 5,421.920$ 11,747.493$ 140,969.92$ FIRE ENGINEER-8HR 7 64.540$ 5,163.200$ 11,186.933$ 134,243.20$ 8 67.780$ 5,422.400$ 11,748.533$ 140,982.40$ FIRE CAPTAIN 9 51.580$ 5,776.960$ 12,516.747$ 150,200.96$ 10 54.170$ 6,067.040$ 13,145.253$ 157,743.04$ FIRE CAPTAIN-8HR 9 72.210$ 5,776.800$ 12,516.400$ 150,196.80$ 10 75.840$ 6,067.200$ 13,145.600$ 157,747.20$

FIRE INSPECTOR 1 54.630$ 4,370.400$ 9,469.200$ 113,630.40$ 2 57.360$ 4,588.800$ 9,942.400$ 119,308.80$ 3 60.240$ 4,819.200$ 10,441.600$ 125,299.20$ 4 63.250$ 5,060.000$ 10,963.333$ 131,560.00$ 5 66.410$ 5,312.800$ 11,511.067$ 138,132.80$ HAZMAT INSPECTOR 1 54.630$ 4,370.400$ 9,469.200$ 113,630.40$ 2 57.360$ 4,588.800$ 9,942.400$ 119,308.80$ 3 60.240$ 4,819.200$ 10,441.600$ 125,299.20$ 4 63.250$ 5,060.000$ 10,963.333$ 131,560.00$ 5 66.410$ 5,312.800$ 11,511.067$
138,132.80$
HAZMAT COORDINATOR 1 59.390$ 4,751.200$ 10,294.267$ 123,531.20$ 2 62.350$ 4,988.000$ 10,807.333$ 129,688.00$ 3 65.460$ 5,236.800$ 11,346.400$ 136,156.80$ 4 68.730$ 5,498.400$ 11,913.200$ 142,958.40$ 5 72.170$ 5,773.600$ 12,509.467$ 150,113.60$

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47 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JANUARY 6, 2024

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 34.900$ 3,908.800$ 8,469.067$ 101,628.80$ 2 36.640$ 4,103.680$ 8,891.307$ 106,695.68$ 3 38.470$ 4,308.640$ 9,335.387$ 112,024.64$ 4 40.400$ 4,524.800$ 9,803.733$ 117,644.80$ 5 42.420$ 4,751.040$ 10,293.920$ 123,527.04$ 6 44.550$ 4,989.600$ 10,810.800$ 129,729.60$ FIREFIGHTER-8HR 1 48.850$ 3,908.000$ 8,467.333$ 101,608.00$ 2 51.290$ 4,103.200$ 8,890.267$ 106,683.20$ 3 53.860$ 4,308.800$ 9,335.733$ 112,028.80$ 4 56.560$ 4,524.800$ 9,803.733$ 117,644.80$ 5 59.390$ 4,751.200$ 10,294.267$ 123,531.20$ 6 62.370$ 4,989.600$ 10,810.800$ 129,729.60$ FIRE ENGINEER 7 47.490$ 5,318.880$ 11,524.240$ 138,290.88$ 8 49.860$ 5,584.320$ 12,099.360$ 145,192.32$ FIRE ENGINEER-8HR 7 66.480$ 5,318.400$ 11,523.200$ 138,278.40$ 8 69.810$ 5,584.800$ 12,100.400$ 145,204.80$ FIRE CAPTAIN 9 53.130$ 5,950.560$ 12,892.880$ 154,714.56$ 10 55.800$ 6,249.600$ 13,540.800$ 162,489.60$ FIRE CAPTAIN-8HR 9 74.380$ 5,950.400$ 12,892.533$ 154,710.40$ 10 78.120$ 6,249.600$ 13,540.800$ 162,489.60$ FIRE INSPECTOR 1 56.270$ 4,501.600$ 9,753.467$ 117,041.60$ 2 59.080$ 4,726.400$ 10,240.533$ 122,886.40$ 3 62.050$ 4,964.000$ 10,755.333$ 129,064.00$ 4 65.150$ 5,212.000$ 11,292.667$ 135,512.00$ 5 68.400$ 5,472.000$ 11,856.000$ 142,272.00$ HAZMAT INSPECTOR 1 56.270$ 4,501.600$ 9,753.467$ 117,041.60$ 2 59.080$ 4,726.400$ 10,240.533$ 122,886.40$ 3 62.050$ 4,964.000$ 10,755.333$ 129,064.00$ 4 65.150$ 5,212.000$ 11,292.667$ 135,512.00$ 5 68.400$ 5,472.000$ 11,856.000$ 142,272.00$ HAZMAT COORDINATOR 1 61.170$ 4,893.600$ 10,602.800$ 127,233.60$ 2 64.220$ 5,
137.600$ 11,131.467$ 133,577.60$
3 67.420$ 5,393.600$ 11,686.133$ 140,233.60$ 4 70.790$ 5,663.200$ 12,270.267$ 147,243.20$ 5 74.340$ 5,947.200$ 12,885.600$ 154,627.20$

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48 LPFD- IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JANUARY 4, 2025

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 35.250$ 3,948.000$ 8,554.000$ 102,648.00$ 2 37.010$ 4,145.120$ 8,981.093$ 107,773.12$ 3 38.850$ 4,351.200$ 9,427.600$ 113,131.20$ 4 40.800$ 4,569.600$ 9,900.800$ 118,809.60$ 5 42.840$ 4,798.080$ 10,395.840$ 124,750.08$ 6 45.000$ 5,040.000$ 10,920.000$ 131,040.00$ FIREFIGHTER-8HR 1 49.340$ 3,947.200$ 8,552.267$ 102,627.20$ 2 51.800$ 4,144.000$ 8,978.667$ 107,744.00$ 3 54.400$ 4,352.000$ 9,429.333$ 113,152.00$ 4 57.130$ 4,570.400$ 9,902.533$ 118,830.40$ 5 59.980$ 4,798.400$ 10,396.533$ 124,758.40$ 6 62.990$ 5,039.200$ 10,918.267$ 131,019.20$ FIRE ENGINEER 7 47.960$ 5,371.520$ 11,638.293$ 139,659.52$ 8 50.360$ 5,640.320$ 12,220.693$ 146,648.32$ FIRE ENGINEER-8HR 7 67.140$ 5,371.200$ 11,637.600$ 139,651.20$ 8 70.510$ 5,640.800$ 12,221.733$ 146,660.80$ FIRE CAPTAIN 9 53.660$ 6,009.920$ 13,021.493$ 156,257.92$ 10 56.360$ 6,312.320$ 13,676.693$ 164,120.32$ FIRE CAPTAIN-8HR 9 75.120$ 6,009.600$ 13,020.800$ 156,249.60$ 10 78.900$ 6,312.000$ 13,676.000$ 164,112.00$ FIRE INSPECTOR 1 56.830$ 4,546.400$ 9,850.533$ 118,206.40$ 2 59.670$ 4,773.600$ 10,342.800$ 124,113.60$ 3 62.670$ 5,013.600$ 10,862.800$ 130,353.60$ 4 65.800$ 5,264.000$ 11,405.333$ 136,864.00$ 5 69.080$ 5,526.400$ 11,973.867$ 143,686.40$ HAZMAT INSPECTOR 1 56.830$ 4,546.400$ 9,850.533$ 118,206.40$ 2 59.670$ 4,773.600$ 10,342.800$ 124,113.60$ 3 62.670$ 5,013.600$ 10,862.800$ 130,353.60$ 4 65.800$ 5,264.000$ 11,405.333$ 136,864.00$ 5 69.080$ 5,526.400$ 11,973.867$ 143,686.40$ HAZMAT COORDINATOR 1 61.780$ 4,942.400$ 10,708.533$ 128,502.40$ 2 64.860$ 5,188.800$ 11,242.400$ 134,908.80$ 3 68.090$ 5,447.200$ 11,802.267$ 141,627.20$ 4 71.500$ 5,720.000$ 12,393.333$ 148,720.00$ 5 75.080$ 6,006.400$ 13,013.867$ 156,166.40$

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49 Appendix B
Catastrophic Leave Policy

CATASTROPHIC ILLNESS OR INJURY

A catastrophic illness or injury is a major medical condition that disables the employee from working for a protracted period of time.

ELIGIBLE EMPLOYEE

An employee who because of a catastrophic illness or injury has exhausted his/her accrued sick leave, vacation leave, compensatory time, and:

1. Is ineligible for any city disability income benefits; and

2. Has an acceptable sick leave record as determined by the sick leave administrative committee upon the recommendation of the Fire Chief.

DONATING SICK LEAVE

REQUESTING/APPROVING CATASTROPHIC LEAVE

Requests for catastrophic leave must be in writing and be accompanied by a physician's certificate attesting to the catastrophic illness or injury.

ADMINISTRATION

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50 Appendix C
Grievance Review Board Procedures

Each party shall exchange a list of witnesses and exhibits fourteen calendar days prior to the Review Board hearing. Witnesses or exhibits not set forth on the list shall not be called or used, respectively, at the hearing, except for rebuttal. Witnesses and exhibits not on the list shall not be called nor used, respectively, should the grievance proceed to arbitration, except for rebuttal.

Either party may be represented by an attorney or a designated representative and may use an attorney at the Review Board hearing. Any party so choosing to use an attorney shall notify the other party fourteen calendar days prior to the Review Board hearing and the failure to do so shall preclude that party from using an attorney at the hearing.

Either party may call witnesses and submit exhibits as provided in Section 1, and through the Board, may question the other party’s witnesses. Either party may present that party’s position in writing or orally.

The hearing will be conducted in a manner consistent with an individual’s rights under the law. The Review Board may continue the hearing if the Board requests additional information from either party.

The Review Board hearing may be recorded electronically or by a court reporter/stenographer.

All members of the Review Board will conduct themselves professionally, with the intent of reaching a fair and just resolution of the grievance submitted. Any Review Board member may question any witness.

Any Review Board member who is listed as a witness shall not serve as a Review Board member for that hearing.

At the conclusion of the hearing, the Review Board may entertain oral argument of the parties and shall deliberate in order to reach a decision. The Review Board may deliberate in private. During deliberations, the Review Board shall review the facts and arguments presented.

After deliberation, the Review Board shall (a) uphold the grievance, (b) deny the grievance, (c) fashion/mediate a resolution that is not in conflict with the labor agreement, or (d) deadlock. A majority vote is needed for items (a), (b) and (c). If the Review Board deadlocks, the grievance shall be submitted within 14 calendar days to the Joint Executive Directors. If, in deciding the grievance, the Review Board determines that either party violated a provision of the Memorandum of Understanding, that determination will be submitted in writing to the Joint Executive Directors within fourteen calendar days.

By mutual agreement of the parties, the Review Board hearing may be bypassed and the grievance advanced to the next level of the grievance process.

EXHIBIT A
241
Appendix D

51 LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: 200.01 EFFECTIVE DATE: XX/XX/20 PREV. DATE: 05/30/2019 SECTION: Personnel SUBJECT: General Operations Page 1 of 8 Page (s)

I. P URPOSE :

To establish procedural guidelines for staffing the Operations Bureau of the fire department.

II.

RESPONSIBILITY:

A. It will be the responsibility of ALL personnel to follow this procedure.

B. All members are responsible for managing their Telestaff Calendar.

C. All members shall check their Telestaff Calendar at least once a day when on-duty.

D. Captains are responsible for making entries for their assigned crew members.

E. Once staffing has been filled and out bounded by the Staffing Captain(s), no changes shall be made without approval of the Staffing Captain(s) or Duty Chief.

F. All members are responsible for maintaining accurate contact information in both Telestaff and Communicator.

III. DE
FINITIONS:

B. Mandatory Shift Fill - Assignments made when an individual is ordered to work involuntarily. These can be made for an amount of time. (Exception-Holdovers)

NOTE: Not all Mandatory Assignments result in Mandate Credit; i.e. Meetings Supervisors should provide feedback throughout the year and maintain supervisor notes of highlights they may wish to capture in the annual performance review document.

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G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 2 of 8 Page(s)

52 C. Emergency Recall – A recall of personnel due to an Emergency Incident, within the fire department’s area of influence, requiring staffing of additional companies.

D. Holdover – The time an individual is held on-duty, for up to two (2) hours, awaiting relief. Time exceeding two (2) hours, shall warrant mandate credit.

E. Selection Factor – Number used to award Shift-Fill.

F. Pick List – The descending list, based on Selection Factor, indicating individual’s availability to be assigned shift-fill; from lowest factor to highest factor.

G. Mandate List - Rotational List based on Rank Seniority that November 25th of each year. (1 Year Trail Period). This procedure will remain in effect unless either party objects after 1 Year Trail Period.

H. Operational Period – 24 Hour time period from 0800 – 0800 (Following Day).

I. Ranks/Classifications – Captain – Engineer – Firefighter; within the Firefighter rank there are two (2) Classifications: EMT – Paramedic.

J. Acting Firefighter (FOR) – An individual, who has opted in, that previously held the rank of Firefighter within the fire department. (Tiller Certification when Appropriate)

K. Acting Firefighter/PM (PMR) – A qualified individual, who has opted in, that previously held the rank of Firefighter, classified as a Paramedic, within the fire department.

NO
TE: The individual must currently possess a valid State of California Paramedic License AND be accredited in Alameda County as a Paramedic.

L. Acting Engineer (EOR) – An individual currently on the Active Engineer Promotional List (MOU Item); or a qualified individual, who has opted in, that previously held the rank of Engineer within the fire department.

NOTE: The individual must have successfully completed all relevant coursework to include Driver/Operator 1A/1B; and Aerial Certification (Tiller Certification when Appropriate).

M. Acting Captain – An individual currently on the Active Captain Promotional List (MOU Item).

I V. P
ROCEDURE:

A. Assigning Shift-Fill

1. To maintain adequate staffing levels.

EXHIBIT A
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G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 3 of 8 Page(s)

53 2. Individuals shall indicate their availability in Telestaff.

3. Assignments shall be made 6 Days Out @ 0800 using the following Algorithm:

• On-Duty Relief Pool within Rank & Classification (If Available) • Pick List / Rank-for-Rank

YES – Availability – NO

Fill based on Selection Factor Fill w/ Acting Assignment (96 Hour Maximum) Availability

YES NO Fill w/ Qualified Individual Mandate w/ in Rank (Lowest Factor)

Fill
Sequence:

No Availability within Rank
(Mandate – 96 Hour Rule)
FF/EMT FF/PM – Engineer – Captain
FF/PM Engineer – Captain
Engineer Captain – Active Promotional List
Captain Active Promotional List

CONTINGENCY STAFFING

NOTE: Acting Assignments from the Promotional List
will be made in Rank Order

No availability W/ Contingency
Mandate – 120 Hour maximum

RULE BR
EAKS

• Trade Off Protection
• Trade Revocation
• Vacation Protection
• Vacation Revocation
** (Vacation before A VP) **

EXCEPTION: Holiday Staffing – See Section IV; Sub-Section K

EXHIBIT A
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G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 4 of 8 Page(s)

54 4. Members unavailable when assignments are made are NOT entitled to the shift(s) regardless of their availability subsequent to the staffing assignments being made.

6. The use of Short-Term Actors to prevent mandatory assignments shall not result in a mandatory assignment within the actor’s respective rank. Any time a Short- Term Actor filling an assignment would prevent a mandate in their respective rank, the Short-Term Actor will return to their rank, and the original vacancy shall be filled as above.

7. Vacancies occurring under 6 Days shall be filled using the same algorithm outlined above if it occurs 37 Hours prior to the Operational Period.

8. Employees who were assigned fewer hours than the vacancy needing to be filled, and who indicated their availability, will be assigned the shift with the greater number of hours. This will continue sequentially until all vacancies are filled.

9. V
acancies occurring 37 Hours or less to the Operational Period will be filled using the same algorithm outlined above; HOWEVER, the first individual contacted shall be awarded the shift(s).

B. Mandatory Shift-Fill

1. The department will maintain a rotational list for Mandatory Shift Fill in each rank that resets November 25th of each year, based on Rank Seniority, with the least senior at the top, and most senior at the bottom.

3. When a member is assigned Mandatory Shift Fill, their name will be placed at the bottom of the list.

4. Mandatory Assignments shall not exceed 96 Hours unless approved by a Chief O fficer.

EXHIBIT A
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G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 5 of 8 Page(s)

55 5. Individuals assigned Mandatory Shift-Fill may find their replacement within their respective rank for all, or part of the assignment. Only one (1) individual, working a minimum of two (2) hours, shall receive mandate credit and be placed at the bottom of the mandate list.

6. Individuals who find their own replacement are EXEMPT from Mandatory Assignment during the Operational Period in which they found relief (Applies ONLY to the original agreement).

7. Under normal staffing operations, no employee shall be mandated while they are on vacation or pre-scheduled trade (Minimum 12 hours). For purposes of staffing, this time will be considered that time from 0800 hours on the day going off-duty, until 0800 hours on the day of your next regularly assigned shift the individual is scheduled to return to duty.

EXCEPTION: Holiday Staffing – See Section IV; Sub-Section K

C. Contingency Staffing

1. If attempts to fill a vacancy using the procedures outlined in Section IV; A-B have been unsuccessful, and prior to mandating an individual to work more than 96 hours, the department will attempt to fill the vacancy with ANY qualified individual, of any rank.

2. Th
e first qualified individual contacted will be assigned the shift(s). This assignment will be a Mandatory assignment.

D. Employee Responsibility

1. Attempts to make contact with the employee shall be made either by automation/text (Telestaff) or by direct contact with the Staffing Captain or Duty Chief. Once contact with the employee has been made, the individual is responsible for the assignment.

2. Individuals not confirming acceptance of their Shift-Fill Assignment 37 Hours prior to the Operational Period shall lose the assignment.

3. Individuals on the Pi ck List will be awarded shift-fill for any duration, unless they have indicated their desire to work less; i.e. 12 Hours versus 24 Hours. This does not prevent mandatory assignment for additional hours.

E. Shift-Fill Availability

1. An employee may NOT exceed 96 Hours of continuous work and must have a minimum of 12 hours off after any 120-hour work period, except in emergency situations as determined by a Chief Officer.

EXHIBIT A
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G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 6 of 8 Page(s)

56 2. Members returning from a Strike Team Assignment exceeding 48 Hours shall have a minimum of 24 Hours off; and/or shall not work the next calendar day.

1. Staffing Captains shall be informed of ALL changes that occur after staffing has been filled. Changes require Staffing Captain and/or Duty Chief Approval.

2. All Hours worked will be recorded hour for hour on the Selection Factor.

EXCEPTION: Emergency Recall will not be added to Selection Factor

3. When an employee graduates from the fire academy, is promoted or demoted, they will be assigned a Selection Factor commensurate with the highest in the respective rank or classification, plus one (1) Hour. Additional employees shall be assigned one (1) additional hour, for a total of two (2) etc.

4. An employee assigned to a Long-Term Acting Position, shall have their factor assigned as outlined above. Their factor in their respective rank will be locked.

Upon r eturning to their respective rank all hours worked in the acting assignment will be added to their respective rank factor.

G. Finding Relief

2. Next, contact with the individual(s) on the Pick List who have not been assigned Shift Fill.

3. The use of Short-Term Actors is allowed; however, this can only be performed after 0700 hours on the day of the shift.

4. Personnel shall not enter their own relief until staffing has been filled; Except Trades.

H. Sick Leave (MOU)

1. Employees must notify the Staffing Captain either the night before, between 1900- 2000 Hours; or the morning of, between 0630-0700 Hours, of their need to use Sick Leave. In the event the Staffing Captain is unavailable, contact the Duty Chief on their cellular phone.

EXHIBIT A
247
G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 7 of 8 Page(s)

57 2. Employees using Sick Leave will be placed in Telestaff as such, for the Entire Tour (48 Hours).

3. If an employee is well enough to return to work for the second shift (Operational Period), they must contact the Staffing Captain between 1900-2000 Hours the night before the second shift.

I. Vacation (MOU)
NOTE: As outlined in the MOU, vacation must be used in increments of either twenty- four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacation must be taken from either 0800-1200 or 2000-0800.

Employees may take less than twenty-four (24) or twelve (12) hours of vacation provided they find their own their relief. This constitutes a one-one contract, which prohibits the replacement from being awarded additional hours (Upgrade).

EX
CEPTION: Holiday Staffing – Section IV; Sub-Section J
J. Emergency Relief

1. Once an employee determines a personal emergency will preclude them from remaining on-duty, the employee shall inform their supervisor of the emergency.

Contact with the Duty Chief, through the Chain-of-Command, shall be made.

2. Notification shall include the anticipated time off needed; and whether or not they will be able to return to work.

3. The employee may elect to use vacation, secure a trade, or use Family Sick Leave as outlined in policy.

4. The Staffing Captain shall attempt to secure a replacement through normal staffing procedures in the event the employee is unable to secure relief.

5. The employee will remain on-duty until their replacement arrives; unless the employee requires immediate release from duty based on the nature of the emergency. (Duty Chief Approval)

EXHIBIT A
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G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 8 of 8 Page(s)

58 6. The Duty Chief will determine how best to maintain companies’ in-service with the remaining crew members on duty.

K. Holiday Staffing: 4th of July; Thanksgiving; Christmas Eve, Christmas Day

Staffing for the holidays shall be entered manually by the staffing captain and filled as follows:

2. Member CANNOT take vacation on Thanksgiving, Christmas Eve, or Christmas Day UNLESS they find their own relief.

3. Members finding their own relief, either through the use of vacation or trade, cannot enter information into Telestaff until after the holidays have been filled by Staffing.

5. Members cannot be assigned Mandatory Shift Fill on Christmas Eve or Christmas Day if their regularly assigned duty day falls on either day. No member shall be assigned Mandatory Shift Fill for both Christmas Eve and Christmas Day.

L. December 15 - January 5th

2. Vacation must be canceled before it is filled by Staffing

EXHIBIT A
249
Appendix E

59 LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: EFFECTIVE DATE: PREV. DATE:

SECTION: SUBJECT: Substance Testing Policy Page 1 of 12 Page (s)

I. PURP OSE :

Livermore-Pleasanton Fire Department (“LPFD”) is committed to providing a safe and drug- free work environment. This commitment is placed in jeopardy when any employee uses drugs or alcohol in a manner that violates the law or LPFD policy. A department member with a substance abuse problem poses a risk to the safety and welfare of themselves, their co-workers, and the public at -large. This policy is adopted to address the negative effects that drug and alcohol misuse and abuse can cause in the workplace and to prevent future negative effects from occurring, including accidents and injuries.

II. P OLICY:

A. All content herein shall be referred to as the LPFD Substance Testing Policy (“Policy”).

B. All supervisors and managers (“Supervisors”) in LPFD are responsible for actively taking steps to carry out this Policy.

C. This Policy applies to all LPFD employees and individuals seeking employment regardless of rank with respect to alcohol and drugs, including any and all substances, drugs or medications, whether legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of their job (“Covered Employee” or “Covered Employees”).

D. All testing pursuant to this Policy shall be conducted through independent third-pa rty collection facilities, laboratories, and Medical Review Officers, all of whom are not affiliated with LPFD, the City of Livermore, or the City of Pleasanton.

E. With respect to alcohol, the following conduct by Covered Employees is prohibited:

1. consumption of alcohol within four hours of beginning work;

2. purchase of alcohol from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on -duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

EXHIBIT A
250
G.O.#: EFFEC. DATE: PREV. DATE: Page 2 of 12 Pages

60 3. Distribution, defined as providing alcohol to a fellow LPFD member or member of the public, while on-duty other than as a packaged gift that remains unopened and is stored and remains in a Covered Employee’s personal vehicle;

4. Possession of alcohol while at work, excluding unopened alcohol that is stored and remains in a Covered Employee’s personal vehicle while parked on LPFD premises;

5. consumption of alcohol while on-duty; and

6. consumption of alcohol following an on- duty motor vehicle accident that is subject to post -accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the Covered Employee.

Any Covered Employee who is under the influence of alcohol (i.e., on-the-job impairment) or has the odor of alcohol on their breath will not be permitted to remain on duty.

F. With respect to marijuana/cannabinoids, the following conduct by Covered Employees is prohibited:

1. consumption of marijuana/cannabinoids within four hours of beginning work;

2. purchase of marijuana/cannabinoids from a brick- and-mortar retailer while on - duty and in LPFD uniform, or while on- duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

3. Distribution, defined as providing marijuana/cannabinoids to a fellow LPFD member or member of the public, while on duty;

5. consumption of marijuana/cannabinoids while on-duty; and

6. consumption of marijuana/cannabinoids following an on- duty motor vehicle accident that is subject to post -vehicle accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the employee.

Any Covered Employee who is under the influence (i.e., on-the-job imp airment) of
marijuana/cannabinoids will not be permitted to remain on duty.

EXHIBIT A
251
G.O.#: EFFEC. DATE: PREV. DATE: Page 3 of 12 Pages

61 G. With respect to drugs other than marijuana/cannabinoids, while on- duty, Covered Employees shall not use, possess, sell, transfer, distribute or be under the influence (i.e., on the job impairment) of any illegal drug recognized as illegal.

H. T his Policy does not prohibit Covered Employees from using prescription drugs in the manner prescribed and as deemed safe by a treating health care provider. This Policy does, however, require Covered Employees to notify their Supervisor if they are using a prescription drug while on-duty that, according to the drug manufacturer, a pharmacist, or a physician, may induce drowsiness or otherwise impair their ability to perform the full scope of their duties safely. If there are questions regarding the Covered Employee’s ability to perform assigned duties safely and effectively when using such medications , the City of Pleasanton’s occupational health provider will be required to clear the employee for on-duty use of such medication.

I. L PFD may require a Covered Employee to submit to a drug or alcohol test i n accordance with this Policy under the following circumstances: (1) reasonable suspicion; (2) post - accident; (3) return-to-duty; or (4) pursuant to the terms of a Last Chance Agreement.

J. LPFD may discipline a Covered Employee for violation of this Policy, up to and including termination from employment, subject to due process and representation rights.

Notwithstanding this requirement, LPFD may deny a Covered Employee the offer of a Last Chance Agreement in egregious situations or when the Covered Employee refuses to submit to testing as authorized by this Policy.

L. In an effort to encourage the Covered Employee to take responsibility for their behavior, the Last Chance Agreement or other Agreement will include a requirement, among others, that the Covered Employee undergo an evaluation by a substance abuse professional and complete any recommended treatment. In such instances, the City will offer treatment to the Covered Employee in a substance abuse treatment program recommended by a Substance Abuse Professional.

1. T
he City will pay seventy percent (70%) of the treatment program costs that are not covered by the Covered Employee's health insurance. The Covered Employee will pay the remaining thirty percent (30%) of the treatment program cost. The City’s contribution for treatment, however, shall not exceed $100,000 for all Union members in a fiscal year.

EXHIBIT A
252
G.O.#: EFFEC. DATE: PREV. DATE: Page 4 of 12 Pages

62 2. If the Covered Employee is not otherwise on paid administrative leave or on paid worker’s compensation leave, t he Covered Employee’s time in the treatment program will be unpaid per the terms of the applicable MOU , but the Covered Employee may elect to use accrued paid time off, if available.

3. During a Covered Employee's career, a second opportunity for treatment may, in the City’s discretion, be offered in the event of a relapse. A Covered Employee is not eligible for a second treatment opportunity unless considerable time has passed and the Covered Employee is otherwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost.

4. T o the extent a Covered Employee tests positive for drugs or alcohol in violation of this Policy, completion of a return- to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work.

M. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights.

N. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if test results indicate a concentration of 0.02 or higher.

O. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy.

P. To provide Covered Employees with substantial advanced notice regarding this Policy, LPFD will implement this Policy no earlier than three months from the Policy’s effective date.

EXHIBIT A
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G.O.#: EFFEC. DATE: PREV. DATE: Page 5 of 12 Pages

63 III. PROCEDURE:

TYPES OF TESTING
A. Pre- Employment Screening

1. Applicants seeking initial employment with LPFD in any of the job classifications identified in the definition of Covered Employees shall be subject to a pre - employment screening for drugs. Pre -employment screening does not apply to existing LPFD employees applying for promotion or assignment to another position with the LPFD. LPFD will provide notice to applicants that they will be required to undergo and pass a pre -employment drug test as a condition of employment in advance of hiring. In such notice, LPFD will provide a description of the associated drug (and potentially alcohol) test.

2. Applicants who test positive for substances prohibited by this Policy will have an opportunity to demonstrate to a third-party Medical Review Officer that their use of the substance is authorized by a prescription from a health care provider and that such use is in a manner consistent with the instructions set forth in the supporting prescription. If the applicant makes a satisfactory showing, then the positive drug test does not disqualify the applicant from appointment.

3. Applicants found to have a positive screening test for drugs or alcohol shall be disqualified from appointment. Refusing to submit to a pre -employment screening required under this subsection will be deemed a failure of the screening, thereby resulting in a rejection of the individual’s application for the appointment.

B. Reasonable Suspicion

1. Covered Employees are required to submit to a drug or alcohol test authorized by this Policy when a Trained Employee has reasonable suspicion to believe that a Covered E mployee is under the influence of drugs or alcohol. “Trained Employee” means any employee of the LPFD who has participated in the training program further described in this Policy.

2. “Reasonable suspicion” is a belief based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech and/or body odors of the employee and reasonable inferences drawn from those facts related specifically to job performance, a threat to themselves or the safety of others.

Reasonable suspicion shall be documented on the Observation of Impairment Report, the form of which is attached as Attachment A and is hereinafter referred to as the “Observation of Impairment Report”.

EXHIBIT A
254
G.O.#: EFFEC. DATE: PREV. DATE: Page 6 of 12 Pages

64 3. A Trained Employee must notify a command staff member immediately of their reasonable suspicion that a Covered Employee is under the influence of drugs or alcohol and the affected Covered Employee must be removed from duty and then provided with an opportunity to explain alternative reasons for the physical symptoms or articulable phenomena. The Covered Employee will be allowed to consult with a union representative before providing any explanation about physical symptoms or articulable grounds allegedly giving rise to reasonable suspicion, and to have the union representative present if the union representative is reasonably available. Such union consultations will not permit a Covere d Employee to delay or refuse the inquiry necessary to establish reasonable suspicion (other than explanation from the Covered Employee) or drug testing.

4. A finding of reasonable suspicion must be made before a Covered Employee may be directed to submit to testing. Only a command staff member , or the Human Resources Director —acting upon the information provided by a Trained Employee—is authorized to direct a Covered Employee to submit to testing. The facts underlying the determination of reasonable suspicion shall be disclosed in writing to the Covered Employee at the time the Covered Employee is directed by LPFD or the Human Resources Director to submit to a test. Attachment A shall be used to document the determination of reasonable suspicion.

5. A command staff member or the Human Resources Director of Pleasanton shall arrange for the testing and transport of the Covered Employee to the testing site.

6. After the Covered E mployee submits to testing, they will be prohibited from returning to work during the same shift. The Covered Employee shall be paid for the remainder of such shift . The Covered Employee will be precluded from returning to work while LPFD waits to receive test results. To the extent the Covered Employee misses a pre -scheduled shift during this period, they will receive paid leave. If, after receiving test results, LPFD desires to place the Covered Employee on unpaid leave for any period, the Department must provide a Skelly hearing in advance of any such decision.

7. LPFD shall provide a program of training to assist Trained Employees in identifying Covered Employees who are under the influence of drugs or alcohol.

8. An initial finding of reasonable suspicion and direction to submit to testing must be documented in writing by the Trained Employee who identifies that a Covered

EXHIBIT A
255
G.O.#: EFFEC. DATE: PREV. DATE: Page 7 of 12 Pages

65 Employee is under the influence of drugs or alcohol on the Observation of Impairment Report.

The Observation of Impairment Report shall detail in writing the specific facts, symptoms, and observations which form the basis for the Trained Employee ’s determination that reasonable suspicion exist s. The Trained Employee must complete and submit their portion of the Observation of Impairment Report to a command staff member, or the Human Resources Director who will confirm that the form documents reasonable suspicion and sign the form. The Observation of Impairment Report must be completed in advance of testing. The Human Resources Director shall maintain the completed forms for the City’s recordkeeping purposes.

C. Post-Accident Testing

1. P ost- accident/drug and alcohol testing will be conducted for Covered Employees who were operating a LPFD vehicle directly involved in an accident that results in serious bodily injury to any person or causes substantial damage to property.

Post-accident drug and alcohol testing will also be conducted for Covered Employees who were operating LPFD heavy/dangerous equipment that directly caused serious bodily injury to any person. For purposes of this provision, “operating LPFD heavy/dangerous equipment” is limited to the use of hydraulic spreaders/pullers/rams/cutters, chainsaws, and circular saws.

2. P
ost- accident alcohol and drug tests shall be administered within two hours following an accident to the extent practicable. If the test is not performed within two hours, then LPFD must provide written documentation to the City of Pleasanton Human Resources Director as to why the test was not promptly conducted. A post -accident drug test shall be conducted within 72 hours following the accident. If the post-accident drug test is not conducted within 72 hours following the accident, then LPFD must provide written documentation to the Human Resources Director as to why such testing did not occur. Any drug testing administered after two hours but up to 72 hours is done to accommodate operating hours of the testing facility.

D. Return-to-Duty And Follow-Up Testing

1. A Covered Employee must submit to a return- to-duty test before they resume performance of their job duties where they have either: a) tested positive following testing ordered under this Policy; b) have refused to comply with an order to submit to testing authorized by this Policy; or c) admitted to alcohol or drug use in violation of this Policy.

EXHIBIT A
256
G.O.#: EFFEC. DATE: PREV. DATE: Page 8 of 12 Pages

66 2. If a Covered Employee tested positive for alcohol or any of the drugs covered under this Policy, then they must test negative for the substance at issue before they can resume performance of their job duties.

3. In addition, the Covered Employee will be subject to follow -up testing. The Covered Employee will be subject to monthly unannounced drug or alcohol tests during the Covered Employee’s first year after returning to their position following the violation. Follow-up testing shall be conducted in addition to any other testing to which the Covered Employee is subject under this Policy.

E. Testing Process and Standards

1. All testing services pursuant to this Policy shall be conducted through independent third-party Collection Facilities, HHS-certified laboratories, and Medical Review Officers, all of whom are not employed by the City of Pleasanton or the City of Livermore. Such services shall include, breath or saliva alcohol testing, urine specimen collection, laboratory testing, and medical review.

2. Drug Testing
Once a determination is made to require a Covered Employee to be drug tested, the information supporting the determination will be made accessible to the Human Resources Director for the City of Pleasanton (Human Resources Director).

3. Alcohol Testing
Positive alcohol test results will be reported to the Human Resources Director, and the LPFD Fire Chief.

Substances considered to be a violation under this Policy shall be limited to:
• Alcohol;
• Marijuana/Cannabinoids (Marijuana)(only in conjunction with objective signs that an employee may be impaired by
Marijuana/Cannabinoids on the job.)
• Illegal Drugs; and
• Prescription drugs and other substances which may impair an employee’s ability to safely and effectively perform the functions of the job.

EXHIBIT A
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67 4. Sample Collection/Breath Alcohol Testing
Testing must be conducted in accordance with the agreement between the LPFD and the third- party administrator. However, this does not prohibit LPFD from using BAC test results lawfully obtained from a local law enforcement agency that conducted its own investigation of a Covered Employee involved in the vehicle accident at issue.

5. Test Results
• The results of the laboratory analysis will be forwarded to a third- party Medical Review Officer. If the results are negative (no drugs or alcohol detected), then the Medical Review Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportunity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determination and notify the Human Resources Director. The Covered Employee may request a split sample be tested by the same facility and at the City’s expense. If the Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Covered Employee must pay for such testing at their own expense. • LPFD and the City of Pleasanton’s Human Resources Department will maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as such, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law.

6. Consent and Refusal
• Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test

EXHIBIT A
258
G.O.#: EFFEC. DATE: PREV. DATE: Page 10 of 12 Pages

68 results to the LPFD Fire Chief or their designee and City of Pleasanton representatives with a need -to-know. Failure to sign such form will be cause to terminate the application process and deny employment for applicants and will constitute insubordination for Covered Employees. • A job applicant who refuses to consent to testing will be denied employment with LPFD.

• An existing Covered Employee’s refusal to test as required by this Policy constitutes insubordination and may result in administrative action, up to and including termination, subject to full due process and consistent with all representation rights.

• Any of the following constitutes a refusal to test:

o Failure to proceed immediately to the designated testing site after being directed to do so.

o Failure t o permit transportation by LPFD personnel to the designated testing site or unreasonably delaying transport or arrival at the designated testing site after being directed to go to the designated testing location;

o Failure to remain at the designated testing location until testing is completed;

o Failure to sign the appropriate forms when asked to do so by the specimen collector/technician;

o Declining to take a second test as directed;

o Failure to cooperate with testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a
confrontational way that disrupts the collection process) or engaging in any conduct that obstructs or does not allow for the successful completion of the testing process;

EXHIBIT A
259
G.O.#: EFFEC. DATE: PREV. DATE: Page 11 of 12 Pages

69 o Medical Review Officer report that Covered Employee has verified adulterated or substituted test result;

o Admission by Covered Employee that he or she adulterated or substituted their specimen;

o Observed possession or wearing of a prosthetic or other device that could be used to interfere with the collection process at time of collection; or

o Refusal to wash h ands in advance of providing a specimen, after being directed to do so.

Where there is a reasonable suspicion that the Covered Employee is presently unde
r the influence of alcohol or drugs, LPFD shall allow the Covered Employee time to arrange to be safely transported home. The Covered Employee shall not be permitted to transport themself.

EXHIBIT A
260
G.O.#: EFFEC. DATE: PREV. DATE: Page 12 of 12 Pages

70 ACKNOWLEDGEMENT
I acknowledge that I have received and read a copy of LPFD’s Substance Testing Policy. I understand the Policy, and agree to abide by it. I understand the Policy may be updated in the future.

Employee Signature Date

Employee Name (printed)

This form shall be retained by Human Resources.

Please complete and return this form immediately.

EXHIBIT A
261

ATTACHMENT A
71 OBSERVATION OF IMPAIRMENT REPORT

REASONABLE SUSPICION RECORD

Employee Name: ___Employee ID No. ___________

Observation D ate: ____________ Time: (from a.m./p.m. to ______a.m./p.m.)

Location: _____________________________________________________________________ Street City State Zip

This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy.

OBSERVATIONS:

Detail the specific facts, symptoms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

TRAINED EMPLOYEE COMPLETING THE ASSESSMENT:

_____________________________________________________________________________ Signature Print Name Rank Date Time

CO
NFIRMING WITNESS:

_____ Concur is the above findings.

______________________________________________________________________________ Signature Print Name Rank Date Time

APPROVED BY:

______________________________________________________________________________ Signature Print Name Title Date Time

EXHIBIT A
262

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Anwan Baker, Library Director
SUBJECT:

Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in Fiscal Year 2022-23, in an amount not-to-exceed $220,000

RECOMMENDED ACTION

SUMMARY
Ordering books from Baker & Taylor Books saves significant staff time because their software closely interfaces with the Library’s Sierra Integrated Library Software (ILS). Through this interface, staff can place book orders electronically and download the catalog records that are needed to check out these books to library patrons. In addition, Baker & Taylor offers customized pre-processing of books, resulting in items being available for patrons to check out much sooner than they would be otherwise.

DISCUSSION
Baker & Taylor Books specializes in providing books for sale to libraries. This vendor has tailored its order process to make the library workflow as simple as possible. Since Livermore Public Library (Library) purchases thousands of books each year, the order and receiving process must be simple and fast. The Library’s Sierra Integrated Library Software (ILS) includes a feature called “One-Click Marc.” With “One-Click Marc,” the Library can order materials electronically through Baker & Taylor Books and seamlessly download the catalog records needed to check out these items to library patrons. This feature saves many hours of staff time throughout the year during the order and receiving process.

In addition, Baker & Taylor Books offers customized pre-processing. This means that the Library can pay for the most popular books to arrive shelf ready, complete with Livermore Public Library labels, call number labels, and barcodes. This saves significant staff time and results in items being available for patrons to check out much sooner than they would be otherwise. 263
Per the Livermore Municipal Code (LMC) 2.68.370 noncompetitive negotiations may be used to select a vendor “where it is determined that the supplies and equipment are unique or available only from one source” or “if there is no competitive advantage to be gained by soliciting bids.” While the Library purchases materials from a variety of vendors, it saves staff time and increases patron service to purchase from Baker & Taylor Books when they have the needed items. Furthermore, Baker & Taylor Books offers libraries a significant discount, 40% off list price for most items.

FISCAL AND ADMINISTRATIVE IMPACTS

Funds for the purchase of these books and related materials are included in the Financial Plan for Fiscal Year 2022-23 which is being considered as part of the consent calendar this evening.

ATTACHMENTS

1. Resolution

Prepared by: Allen McFarland
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER TO BAKER & TAYLOR BOOKS FOR PURCHASES OF LIBRARY BOOKS AND RELATED MATERIALS FOR FISCAL YEAR 2022-23 IN AN AMOUNT NOT-TO-EXCEED $220,000
Ordering books from Baker & Taylor Books saves significant staff time because their software closely interfaces with the Library’s Sierra Integrated Library Software (ILS).

Through this interface, staff can place book orders electronically and download the catalog records that are needed to check out these books to library patrons. In addition, Baker & Taylor offers customized pre-processing of books, resulting in items being available for patrons to check out much sooner than they would be able to otherwise.

The Livermore Municipal Code (LMC) 2.68.370(B) states that noncompetitive negotiations may be used to select a vendor “where it is determined that the supplies and equipment are unique or available only from one source” or “if there is no competitive advantage to be gained by soliciting bids.”
While the Library purchases materials from a variety of vendors, it saves staff time and increases patron service to purchase from Baker & Taylor Books when they have the needed items. Furthermore, Baker & Taylor Books offers libraries a significant discount, at 40% off list price for most items.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that there is no competitive advantage to be gained by soliciting bids for these services and materials and authorizes the City Manager to approve a purchase order between the City of Livermore and Baker & Taylor Books for the purchase of books and related materials for circulation to the public in fiscal year 2022-23, in an amount not-to- exceed $220,000.

On motion of Council Member _____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on June 27, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kelly Trujillo
Marie Weber Kelly Trujillo
City Clerk Assistant City Attorney
265

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution adopting a list of projects for FY 2022-23 funded by Senate Bill 1 and approving Road Maintenance and Rehabilitation Account funds

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving a list of projects funded by Senate Bill 1 in FY 2022-23 and approve the use of State Road Maintenance and Rehabilitation Account funds.

SUMMARY
Senate Bill 1, the Road Repair and Accountability Act of 2017 (Beall, Chapter 5, Statues of 2017), created the Road Maintenance and Rehabilitation Program to address deferred maintenance on state highways and local roadways and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program.

The Road Repair and Accountability Act stipulates that prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget.

The 2021-23 Capital improvement Plan budget, which was adopted on June 14, 2021, and updated on June 13, 2022, includes RMRA funds for the projects listed below. Adoption of this resolution approving the list of projects will qualify them to use RMRA funding.

• Collier Canyon Creek Culvert, Drainage and Road Improvements, Project No. 2017-27 • Montage Trail Connection to Collier Canyon, Project No. 2019-44 • 2020 Street Resurfacing, Project No. 2020-01
• 2021 Slurry Seal, Project No. 2021-04
• Railroad Ave Street Improvements, Project No. 2021-16 • Stanley Blvd at Isabel Connector Ramp Crossing Improvement, Project No. 2021-33 • 2022 Street Resurfacing, Project No. 2022-01
• 2022 Slurry Seal, Project No. 2022-04
266

DISCUSSION
In April 2017, the State Legislature passed, and Governor Brown approved Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Beall, Chapter 5, Statues of 2017). SB1 created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. It also created the RMRA for the deposit of various funds for the program.

The State of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on diesel fuel, and registration taxes on motor vehicles and dedicates these revenues to transportation purposes.

Portions of these revenues flow to cities and counties through the Highway Users Tax Account and the RMRA created by SB 1. SB 1 is projected to generate over $5 billion annually for state and local transportation improvements. Cities and counties are slated to receive approximately $1.5 billion for repairs to local streets and roads at full implementation of SB 1.

RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The Formulaic Funding Program is based on: Voter-Approved Tolls, Vehicle Registration Fee, Parcel/Property Tax Revenue, Voter-Approved Sales Tax Revenue and Population.

RMRA funds must be used for projects that include, but are not limited to the following:
• Road maintenance, rehabilitation
• Safety improvements
• Railroad grade separations
• Traffic control devices
• Complete streets components, which include active transportation projects, pedestrian and bicycle safety projects, and transit facilities
• Drainage and storm water capture projects in conjunction with other allowable road related projects Bridges and culverts that are road related
Compliance Requirements of SB 1:

1. The Road Repair and Accountability Act stipulates that prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget. The 2021-23 Capital Improvement Plan budget, which was adopted on June 14, 2021, and updated on June 13, 2022, includes RMRA funds for the projects listed below. The combined total SB 1 RMRA (F651) funds for FY 2022-23 for the eight projects are approximately $4.2 million.

Depending on the timing of the project, the funding identified may be used for either project design or construction. Adoption of this resolution approving the list of projects will qualify them to use RMRA funds.
o Collier Canyon Creek Culvert, Drainage and Road Improvements, Project No. 2017-27: This project will rehabilitate the road, culvert and drainage facilities and includes striping of travel lanes and other auxiliary work. The project will alleviate flooding, improve safety and rideability, and extend the life of the pavement by 25 years and reduce annual maintenance. Construction is anticipated to be completed in FY 2023-24.

RMRA Funding: $150,000
267

o Montage Trail Connection to Collier Canyon Road, Project No. 201944: The project will connect the existing City trail adjacent to Shea Homes to Collier Canyon Road. The trail connection will be along Campus Loop Road via a new sidewalk, and extend bike lanes and include intersection improvements, that will enhance safety for pedestrians and bicyclists. The project was identified in the Active Transportation Plan. The project will improve trail connectivity with a useful life of 100 years.

Construction is anticipated to be completed in FY 2024-25.

RMRA Funding: $460,000

o 2020 Street Resurfacing, Project No. 2020-01: This project will rehabilitate various streets with base repairs and asphalt overlays and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes, and other auxiliary improvements. The project will improve safety and rideability, extend the life of the pavement by 25 years and reduce annual maintenance costs.

Construction is anticipated to be completed in FY 2022-23.

RMRA Funding: $2.45 million

o 2021 Slurry Seal, Project No. 2021-04: This project will treat various streets with slurry seal or micro- surfacing and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes and other auxiliary improvements. The project will improve safety and rideability and extend the life of the pavement by 15 years and reduce annual maintenance. Construction is anticipated to be completed in FY 2022-23.

RMRA Funding: $300,000

o Railroad Avenue Street Improvements, Project No. 2021-16: Widen Railroad Avenue east of Livermore Avenue to extend the westbound turn pocket into the Livermore Valley Parking Garage.

Extend the westbound turn pocket on Railroad Avenue that turns left onto North Livermore Avenue.

Modify traffic signals at the Railroad Avenue and North Livermore Avenue intersection, upgrade curb ramps, and modify the signal on Railroad Avenue at the entrance to the Livermore Valley Parking Garage. The project will extend the life of the pavement by 25 years and reduce annual maintenance cost. Construction is anticipated to be completed FY 2022-23.

RMRA Funding: $350,000

o Stanley Boulevard at Isabel Connector Ramp Crossing Improvement, Project No. 2021-33: The project will implement enhancements such as pavement markings, signage and pedestrian ramps to improve bicycle safety and pedestrian safety. The project is located at Stanley Boulevard adjacent to the State Route 84 (Isabel). Construction is anticipated to be completed in FY 2022-23. The project will have a useful life of 10 years.

RMRA Funding: $250,000
o 2022 Street Resurfacing, Project 2022-01: This project will rehabilitate various streets with base repairs and asphalt overlays and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes and other auxiliary work. The project will improve safety and rideability and will extend the life of the pavement by 25 years and reduce annual maintenance. Construction is anticipated to be completed in FY 2024-25.

RMRA Funding: $200,000
o 2022 Slurry Seal Project, CIP 2022-04: This project will treat various streets with slurry seal or Micro- surfacing and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes and other auxiliary work. The project will improve safety and rideability and extend the life of the pavement by 15 years and reduce annual maintenance. Construction is anticipated to be completed in FY 2024-25.

RMRA Funding: $50,000

2. Reporting Requirement - SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, in order to be eligible for RMRA funding, 268
statute requires cities and counties provide basic annual RMRA project reporting to the California Transportation Commission. The last report was submitted on November 29, 2021.

3. Maintenance of Effort - A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway purposes from the city’s, or county’s general fund [SHC 2036] - This requirement can be satisfied with other city unrestricted funds.

o The City’s annual commitment is approximately $5.1 million as established in the November 15, 2017, California State Controller’s Office MOE Calculation Summary Sheet. If the City failed to meet the requirement for a particular fiscal year, then it will affect the City’s eligibility for SB 1 funds for that fiscal year.
o For the eight projects with SB 1 funding for FY 2022-23, approximately $5.5 million (unrestricted funds) of FEMA Storm Grant Reimbursements (F222), Water Resources Replacement (F239), Solid Waste and Recycling Impact Fees (F344), Measure BB – Bike & Ped (F687), Measure BB-Local Street & (F688) and gas tax (F650) funds are budgeted for FY 2022-23.

ENVIRONMENTAL DETERMINATION

The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore the California Environmental Quality Act (CEQA) is not applicable.

CEQA analysis will performed for the project in the design phase.

FISCAL AND ADMINISTRATIVE IMPACTS

The combined total budget in the Capital Improvement Plan for FY 2021-22 and FY 2022-23 for the eight projects is approximately $9.9 million, with $4.4 million SB 1 RMRA (F651) funds and $5.5 million supplemented by FEMA Storm Grant Reimbursements (F222), Water Resources Replacement (F239), Solid Waste and Recycling Impact Fees (F344), Measure BB – Bike & Ped (F687), Measure BB-Local Street & Rd. (F688), and gas tax (F650) funds. The funding for each project, by Fiscal Year, is shown in Exhibit A.

ATTACHMENTS

1. Projects Programmed in FY 22-23 with SB1 Funds

2. Resolution

3. Exhibit A - SB1 Project List

Prepared by: Saurabh Nijhawan
Associate Engineer

269
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
270
ATTACHMENT 1
271
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2022-23 FUNDED BY SENATE BILL 1 AND APPROVING ROAD

MAINTENANCE AND REHABILITATION ACCOUNT FUNDS
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Beall, Chapter 5, Statues of 2017), created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System, the local street and road system, and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program.

The RMRA funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The Formulaic Funding Program is based on: Voter-Approved Tolls, Vehicle Registration Fee (VRF), Parcel/Property Tax Revenue, Voter-Approved Sales Tax Revenue and Population.

The Road Repair and Accountability Act requires that prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget.

The 2021-23 Capital Improvement Plan budget includes RMRA funds for the projects listed below consistent with the SB1 Project List (Exhibit A). Adoption of this resolution approving the list of projects will qualify them to use RMRA funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The projects listed on Exhibit A, a copy of which is attached and incorporated by this reference, are approved for Fiscal Year 2022-23 and include:
 Collier Canyon Creek Culvert, Drainage and Road Improvements, Project No. 2017-27
 Montage Trail Connection to Collier Canyon, Project No. 2019-44  2020 Street Resurfacing, Project No. 2020-01
 2021 Slurry Seal, Project No. 2021-04
 Railroad Ave Street Improvements, Project No. 202116
 Stanley Blvd at Isabel Connector Ramp Crossing Improvement, Project No. 202133
 2022 Street Resurfacing, Project No. 2022-01
 2022 Slurry Seal, Project No. 2022-04.
272
RESOLUTION NO. ________

2. Approves the use of the Road Maintenance and Rehabilitation Account Funds in Fiscal Year 2022-23.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – SB1 Project List
273
P

ROJECT FUNDING BY FISCAL YEAR

1. Collier Canyon Culvert, Drainage, and Road Improvements, Project No. 2017-27 Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ - $ 150,000.00 $ 150,000.00 Fema Storm Reimb 222 $ - $ 200,000.00 $ 200,000.00 Measure B-Local St & Rd 678 $ 150,000.00 $ - $ 150,000.00 Total $ 150,000.00 $ 350,000.00 $ 500,000.00

2. M
ontage Trail Connection to Collier Canyon Rd, Project No. 2019-44 Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ 20,000.00 $ 460,000.00 $ 480,000.00 Total $ 20,000.00 $ 460,000.00 $ 480,000.00

3. 20
20 Street Resurfacing, Project No. 2020-01
Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ 150,000.00 $ 2,450,000.00 $ 2,600,000.00 Gas Taxes 650 $ - $ 200,000.00 $ 200,000.00 Measure Bb-Bike/Ped 687 $ - $ 800,000.00 $ 800,000.00 Measure Bb-Local St & Rd 688 $ - $ 1,000,000.00 $ 1,000,000.00 Total $ 150,000.00 $ 4,450,000.00 $ 4,600,000.00

4. 20
21 Slurry Seal, Project No. 2021-04
Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ - $ 300,000.00 $ 300,000.00 SW&R Impact Fee 344 $ 200,000.00 $ 100,000.00 $ 300,000.00 Gas Taxes 650 $ - $ 1,900,000.00 $ 1,900,000.00
Total $ 200,000.00 $ 2,300,000.00 $ 2,500,000.00

5. R
ailroad Ave Street Improvements, Project No. 2021-16
Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ 240,000.00 $ 350,000.00 $ 590,000.00 Water Resources Replcmnt 239 $ - $ 115,000.00 $ 115,000.00 Measure Bb-Local St & Rd 688 $ - $ 885,000.00 $ 885,000.00 Total $ 240,000.00 $ 1,350,000.00 $ 1,590,000.00

EXHIBIT A
274

6. St
anley Blvd At Isabel Connector Ramp Crossing Improvements, Project No. 2021-33 Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ 150,000.00 $ 250,000.00 $ 400,000.00 Total $ 150,000.00 $ 250,000.00 $ 400,000.00

7. 20
22 Street Resurfacing, Project No. 2022-01
Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ - $ 200,000.00 $ 200,000.00 Total $ - $ 200,000.00 $ 200,000.00

8. 20
22 Slurry Seal, Project No. 2022-04
Fund Name Fund Number FY 2021-22 FY 2022-23 Total
Special Gas Tax-2107.5 651 $ - $ 50,000.00 $ 50,000.00 Sw&R Impact Fee 344 $ - $ 50,000.00 $ 50,000.00 Gas Taxes 650 $ - $ 50,000.00 $ 50,000.00
Total $ - $ 150,000.00 $ 150,000.00

EXHIBIT A
275

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 8, 2022 for the election of certain officers of the City.

RECOMMENDED ACTION

SUMMARY
The purpose of this election is to elect a Mayor at-large for a two-year term and two members of the City Council, each for a four-year term, from the following districts:

1 Vacancy – District 1 City Council 4-year term to expire 11/2026 1 Vacancy – District 2 City Council 4-year term to expire 11/2026

DISCUSSION
Pursuant to the State of California Elections Code, the nomination period for the positions of Mayor and City Councilmembers opens Monday, July 18, 2022 at 8:00 am and closes Friday, August 12, 2022 at 5:00 pm. Per the California Elections Code, if any incumbent does not file papers by 5:00 pm on August 12, 2022, the nomination period is to be extended for five days, until Wednesday, August 17, 2022 at 5:00 pm, for any qualified candidate except the incumbent. With this election being the first district based election for districts one and two, there are no incumbents and therefore the filing period will not be extended.

Candidates are required to pay the full cost of printing a candidate's statement in the sample ballot.

Costs include translating, typesetting, printing and mailing. Candidates pay a deposit and are billed for the remainder of the costs after the election. Staff recommends that candidates pay a $500 deposit for 276
the 2022 election.

FISCAL AND ADMINISTRATIVE IMPACTS

The estimated cost for the November 8, 2022 election provided by the Alameda County Registrar of Voters is $4-$6 per registered voter (excluding sample ballot cost and Spanish, Chinese, Tagalog and Vietnamese translation). Currently there are 56,968 registered voters in Livermore, estimating the cost to be $227,872- $341,808. Staff anticipates the actual cost for the November 8, 2022 election to be at the lower end of the estimate provided by the Registrar of Voters based on the expenses incurred from past elections as shown in the following table:

Year
Number of Registered
Voters
Cost per Registered Voter
Consolidation Election Costs
2020
58,287
$5.21
$303,725
2018
52,641
$4.16
$219,316
2016
51,854
$1.77
$92,298
2014
48,407
$1.61
$77,975

The total amount budgeted for the November 8, 2022 election is $306,000 including estimations for printing, translations, binding, and mailing costs for sample ballots and voter information pamphlets; resident education and outreach regarding changes to this election cycle pertaining to districting and COVID-19; and an anticipated surcharge from the Registrar of Voters to pay for replacement voting machines.

ATTACHMENTS

1. District Map

2. Resolution

Prepared by: Marie Weber
City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
277
^ 2020 Census Redistricting Data. Adjusted for
incarcerated populations
+ 2015-2019 American Community Survey Special
Tabulation
* Calculated pursuant to OMB BULLETIN NO. 00-02
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino* Asian* Black* NH-
White
1 21,778 -1.0% 14,799 20.3% 11.8% 3.6% 62.7%
2 21,910 -0.4% 15,242 15.0% 15.3% 3.4% 65.0%
3 22,461 +2.1% 16,030 10.8% 11.1% 2.9% 74.2%
4 21,857 -0.7% 15,883 12.6% 8.8% 0.9% 76.0%
To t a l 88,006 3.1% 61,954 14.6% 11.7% 2.6% 69.6%
Ideal 22,002
Final Plan
Prepared by
ATTACHMENT 1
278

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION CALLING FOR AND GIVING NOTICE OF THE

HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY

OF LIVERMORE TO BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 2022
A General Municipal Election is to be held on Tuesday, November 8, 2022, in the City of Livermore; and
Certain actions are required in connection with said election.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the General Municipal Election to be held in the City of Livermore on November 8, 2022, is hereby called.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore , California, that:

Section 1 . Under the requirements of the laws of the State of California relating to general law cities within the State, there is hereby called and ordered held in the City of Livermore, County of Alameda , State of Ca lifornia, on Tuesday, November 8, 2022.

Section 2. A general municipal election of the qualified electors of the City of Livermore will be conducted for the following offices on the November 8, 2022 ballot:
1 Vacancy – At Large Mayor 2-year term to expire 11/2024 1 Vacancy – District 1 City Council 4-year term to expire 11/2026 1 Vacancy – District 2 City Council 4-year term to expire 11/2026 Section 3. The polls for the election shall be o pen at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p .m. of the same day when the polls shall be closed.

Section 4. Notice of the time and place of holding the election is hereby given and the City Clerk is directed to give such further or additional notice of the election in the time, form, and manner as required by law.

Section 5. Under Elections Code section 10002, the City Council of the City of Livermore requests the Alameda County Board of Supervisors to permit the Registrar of Voters to render assistance in all required election services in the conduct of the November 8, 2022 municipal election. The requested services 279
include, but are not limited to, the following:
a) Precinct consolidation, establishment of voting centers , securing election officers, preparing and mailing notices of appointment and publication of precinct officers and vote center locations;
b) Typesetting, printing, and translating sample ballots, which includes ballot notifications, ballot arguments, statements of candidates' qualifications, and mailing to registered voters; c) Printing of official ballots;
d) Purchasing precinct supplies and vote by mail voter supplies; e) Providing for vote by mail voting;
f) Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers;
g) Tabulation of votes;
h) Canvassing and certifying to the City Clerk the results of elections; i) Any necessary changes to e lection requirements due to the COVID - 19 pandemic to comply with executive orders from the Governor; and j) All things necessary or incidental to the above in accordance with California election law in effect at the time of the election or other functions as may be requested from time to time by the City.

Section 6. The City Clerk is here by directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Alameda.

Section 7. The County Election Department is authorized to canvass the returns of the election.

Section 8. In all particulars not recited in this resolution , the election shall be held and conducted as provided by law for holding municipal elections.

Section 9. Procedures for this election shall be as follows:
a) A tie vote shall be decided by lot.
280
b) Each candidate shall pay the full cost of printing that candidate's statement in the sample ballot.
c) Candidates' statements shall be limited to 200 words.

Section 10. This resolution shall take effect immediately .

On motion of Council Member ______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on June 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney 281

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

June 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

RECOMMENDED ACTION

Staff recommends that the City Council adopt the resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

SUMMARY
The City’s adopted Investment Policy states that the City Council shall approve any modifications to the policy. The updated Investment Policy incorporates changes in language to mirror the current statutory language.

DISCUSSION
California Government Code Sections 53600 through 53659 defines the types of investments that municipal government can include in their portfolio, limits on the level of these investments, and the oversight required for the portfolio. The Investment Policy establishes strategies, practice, and procedures which are used in the administration of the City’s portfolio.

Staff has reviewed the proposed policy for consistency with State law and the City’s current investment strategies. There is a proposed minor change to the City’s investment policy. The change is merely to update the language to reflect what is in the Government Code for the section. 1) Section III Prudence – replaced “prudent person rule” and related language to “prudent investor standard” and related language to update the policy to match Government Code 53600.3. The updated language maintains safeguarding principal and maintaining liquidity in the investment portfolio.

The State of California gives the City Council, in its capacity as the legislative body of the City and its related entities, the ability to delegate the investment authority to the City Treasurer (acting in the 282
capacities of City Treasurer and Treasurer of the City's related entities) for a one-year period in accordance with Section 53607 of the California Government Code. The delegation requires renewal each year.

On April 25, 2022, the City Council adopted Resolution No. 2022-062, determining that the person serving as the Administrative Services Director shall also serve as the City Treasurer and appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer.

The delegation of investment authority and responsibility from the City Council to the Administrative Services Director/ City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal implications associated with the recommended action.

ATTACHMENTS

1. Resolution

2. Exhibit A - Investment Policy

Prepared by: David
Doyle
Accounting Supervisor

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE CITY OF LIVERMORE INVESTMENT POLICY

AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER On April 25, 2022, the City Council adopted Resolution No. 2022-062 determining that the person serving as the Administrative Services Director shall also serve as the City Treasurer, and appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer.

Section 2.28.020 of the Livermore Municipal Code vests the Administrative Services Department with authority to deposit and invest funds of the City treasury in accordance with state law and the City’s investment policy.

The State of California gives the City Council, in its capacity as legislative body of the City and its related entities, the ability to delegate the investment authority to the City Treasurer (acting in the capacities of City Treasurer and treasurer of the City's related entities) for a one-year period in accordance with Section 53607 of the California Government Code.

The delegation of investment authority and responsibility from the City Council to the Administrative Services Director and City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.

On June 28, 2021, the City Council adopted Resolution No. 2021-108 adopting the City of Livermore Investment Policy.

On June 27, 2022, the Administrative Services Director prepared and submitted to the City Council for its review, an updated City of Livermore Investment Policy, which incorporates changes conforming its language to existing statutory requirements.

NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Livermore that it hereby approves the City of Livermore Investment Policy, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore, pursuant to Government Code section 53607, delegates to the City Treasurer for a period of twelve (12) months the authority to invest the City’s pooled treasury funds in accordance with the Investment Policy.

On motion of Councilmember _________________________, seconded by Councilmember _________________________, the foregoing resolution was passed and adopted on June 27, 2022, by the following vote:
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RESOLUTION NO. ________
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Jason R. Alcala Marie Weber Jason R. Alcala
City Clerk City Attorney
DATE: June 27, 2022
Exhibit A – Investment Policy
285

INVESTMEN

T POLICY
Adopted: June 27, 2022
Prepared By
:

Admini
strative Services Department

EXHIBIT A
286

TABLE O
F CO
NTENTS
P
age
Section I Policy Introduction.........................................................................................1 Section II Scope ..............................................................................................................1 Section III Prudence .........................................................................................................1 Section IV Investment Objectives ....................................................................................2 Section V Authority to Invest Monies ............................................................................2 Section VI Ethics and Conflicts of Interest ......................................................................2 Section VII Authorized Financial Dealers & Institutions ................................................3 Section VIII Authori zed and Suitable Investments ............................................................4 Section IX Investment Pools and Mutual Funds ..............................................................8 Section X Collateralization .............................................................................................9 Section XI Safekeeping and Custody ...............................................................................9 Section XII Diversification, Maturity, Credit Quality.......................................................9 Section XIII Maximum Maturities .....................................................................................9 Section XIV Internal Control ..............................................................................................10 Section XV Performance ...................................................................................................10 Section XVI Reports of Investment Activities ...................................................................10 Section XVII Adoption ........................................................................................................10 Appendix A Comparison of Permitted Investments ...........................................................11 Appendix B Glossary of Investment Terms .......................................................................12 Appe
ndix C Broker/Dealer Questionnaire .........................................................................20

EXHIBIT A
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I. POLICY INTRODUCTION
Monies not required for immediate expenditure by the City of Livermore shall be invested in compliance with governing provisions of law and this policy. The City will maintain adequate cash availability and strive for a yield on invested idle funds which is commensurate with the objectives of safety of principal and liquidity.

II. SCOPE
This investment policy applies to all financial assets under direct control of the City of Livermore. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR)
and include the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, certain Trust and Agency Funds, and other funds that may be created from time to time. The City holds no pension trust funds for which it is accountable.

This policy does not apply to investment activities of moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or certificates of participation. Such funds are invested in accordance with
the statutory provisions governing the issuance, or if there are no specific statutory provisions in accordance with the ordinance, resolution, indenture, or agreement of the City providing for the issuance. These funds are identified in the Balance Sheet/Statement of Net Position
and in the notes to the Financial Statements of the City’s Comprehensive Annual Financial Report (CAFR) as “Cash and Investments with Trustee”.

III.

PRUDENCE
The City adheres to the guidance provided by the "prudent investor standard," which obligates a trustee acting as a fiduciary to ensure that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Exercise of prudence considers the probable safety of capital as well as the probable income to be derived.

This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that deviations from expectation are reported in a timely fashion, and appropriate action is taken to control adverse developments.

EXHIBIT A
288
IV. INVESTMENT OBJECTIVES
The
primary objectives, in priority order, of the City of Livermore's investment activities shall be:
• Sa
fety of principal is the primary objective of the investment program.

Investments of the City of Livermore shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether they be from credit risk or market risk. To attain this ob jective, the portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segments, or in individual financial institutions. • Li
quidity of the portfolio guarantees the City's ability to meet all operating requirements which might reasonably be anticipated.
• Re
turn on Investment . The City of Livermore's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio.

V. AUTHORITY TO INVEST MO NIES
Pursuant to Chapter 2.28 of the Livermore Municipal Code, the Director of Administrative Services is authorized to assume and perform all municipal functions relating to investments of the
City subject to the annual delegation of investment authority from the City Council to the City Treasurer pursuant to Government Code section 53607. The Director of Administrative Services serves as the City Treasurer pursuant to the City of Livermore Resolution No. 2022-062.

The Director of Administrative Services shall establish written procedures for the operation of the investment program consistent with this policy. The City Treasurer/Director of Administrative Services may delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Administrative Services.

VI. ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. In vestment officials shall
disclose any material financial interests in financial institutions that conduct business within the
City and they shall further disclose any material personal financial or investment positions that could be related to the performance of the City's portfolio. All persons authorized to place or approve investments

EXHIBIT A
289
shall report annually on Form 700 of the California Fair Political Practices Commission all required economic interests for that year.

VII. AUTHORIZED FINANCIAL DEALERS & INSTITUTIONS

In order to provide for the optimum yield in the investment of the City funds, the City's investment procedures shall be designed to encourage competitive bidding on transactions from approved financial dealers and institutions. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City shall be at the sole discretion of the City.

Only authorized financial dealers and institutions defined under California Government Code Section 53601.5 shall be allowed to conduct business with the City. Authorized financial dealers and institutions defined under California Government Code Section 53601.5 shall be defined as one of the following:

(i) Direct issuers of securities, or
(ii) An institution licensed by the State of California as a broker-dealer, as defined in Section 25004 of the California Corporations Code, or
(iii) A member of a federally regulated securities exchange, or (iv) A national or state-chartered bank, a savings association or federal association, or (v) A brokerage firm designated as a primary government dealer by the Federal Reserve Bank.

The Director of Administrative Services shall maintain a list of financial institutions and broker - dealers authorized to provide investment services conforming to the California Government Code Section 53601.5 after a careful review of their qualifications and creditworthiness. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net Capital rule). No public deposit shall be made except in a qualified public depository as established by state laws . Financial institutions, authorized to provide investment services to the City, shall utilize broker -dealers who are duly licensed and authorized to provide investment services in the State of California but shall not be li mited to the list of approved broker/dealers maintained by the City of Livermore.

The firms and individuals, providing investment services to the City, must be knowledgeable and experienced in public a gency investing, institutional trading practices and the California Government Code as related to investments . In addition, anyone providing financial services to the City must adhere to the investment policies of the City Of Livermore as adopted by the City Council. The broker/dealer firms should have the ability to meet all of their financial obligations in dealing with the City.

All financial institutions and broker/dealers who desire to conduct investment transactions with the City must provide the following documents annually to the Director of Adm inistrative Services:

EXHIBIT A
290
• "Broker/Dealer Questionnaire" (Appendix C) and related documents • Audited financial statements
• Proof of Financial Industry Regulatory Authority (FINRA) certification • Proof of State registration
• A statement certifying that the institution has reviewed the City’s Investment Policy and California Government Code Section 53600 et seq. and that all securities offered to the City shall comply fully with all provisions of the Policy and the California Government Code.

An annual review of the financial condition and registrations of qualified bidders will be conducted by the Director of Administrative Services. Audited financial statements for most recently ended fiscal year are required to be on file for each financial institution and broker/dealer in which the City invests.

Upon adoption, and when changes are made thereafter, the City shall send a copy of the current investment policy to all parties approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments.

VIII. AUTHORIZED AND SUITABLE INVESTMENTS

The City shall be governed by Government Code § 53600 et seq. The City's investment portfolio may include the instruments listed below, subject to the specific provisions of the Government Code. A side by side comparison of the City’s specific permitted investment guidelines to California State requirements can be found in Appendix A.

1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. Up to 100 percent of the City’s investment portfolio may be invested in government obligations.

2. Federal agency or United States government- sponsored enterprise obligations , participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. This shall include any mortgage pass through security issued and guaranteed by a Federal Agency with a maximum final maturity of five years. There is no limit to that amount of the City’s portfolio that may be invested in Federal Agency or GSE securities.

3. State of California and Local Agency Obligations. (1) Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency or by a department, board, agency or authority of the state or any local agency with a final maturity not exceeding five years from the date of trade

EXHIBIT A
291
settlement; (2) Obligations of the City of Livermore and the Successor Agency to the former Redevelopment Agency of the City of Livermore, including tax allocation bonds; and (3) Special Assessment District Improvement Bonds issued by the City of Livermore related to special assessment districts.

Such obligations must be rated at least “A -1”, or the equivalent, short -term; or “A” or the equivalent, long-term by a NRSRO at the time of trade settlement. Up to 100 percent of the City’s investment portfolio may be invested in California municipal obligations.

4. Registered treasury notes or bonds of any of the other 49 s tates in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of these states. Such obligations must have a final maturity not exceeding five years from the date of trade settlement, and rated at least “A -1”, or the equivalent, short-term; or “A”, or the equivalent, long- term by a NRSRO at the time of trade settlement.

5. Supranationals. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a final maturity not exceeding five years from the trade settlement, and eligible for purchase and sale within the United States. Supranationals shall be rated at least “AA” or the equivalent by a NRSRO at the time of purchase. The aggregate investment in supranationals shall not exceed 30% of the City’s total portfolio.

6. Repurchase Agreements and Reverse Repurchase Agreements used solely as short- term investments not to exceed 30 days. Up to 20 percent of the City’s investment portfolio may be invested in repurchase and reverse purchase agreements.

A. Repurchase agreements will be entered into subject to a Master Repurchase Agreement between the dealer and the City. The term of the agreement may not exceed one year. In addition, the market value of the securities that underlay a repurchase agreement must be valued at 102 percent or greater of the funds borrowed against those securities at the time of purchase and the value must be adjusted not less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back to 102 percent no later than the next business day.

B. Reverse repurchase agreem ents or securities lending agreements may be utilized only when all of the following conditions are met:

a. The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the City for a minimum of 30 days prior to sale.

EXHIBIT A
292
b. The total of all reverse repurchase agreements and securities lending agreement on investments owned by the City does not exceed 20 percent of the base value of the portfolio.
c. The term does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and final maturity date of the same security. d. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.

7. Bankers' Acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. An acceptance is high grade negotiable instrument. Purchases of Banker's Acceptances may not exceed 180 days maturity or 40 percent of the City’s investment portfolio. However, no more than thirty percent o f the agency’s money may be invested in bankers’ acceptance of any one commercial bank.

8. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical -rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (A) or paragraph (B):

A. The entity meets the following criteria: (a ) Is organized and operating in the United States as a general corporation; (b) Has total assets in excess of five hundred million dollars ($500,000,000); (c ) Has debt other than commercial paper, if any, that is rated “A” or higher by a nationally recognized statistical - rating organization (NRSRO).

B. The entity meets the following criteria: (a) Is organized within the United States as a special purpose corporation, trust, or limited liability company; (b ) Has program wide credit enhancements including, but not limited to, over collateralizations, letters of credit, or surety bond; (c) Has commercial paper that is rated “A-1” or higher, or the equivalent, by a nationally recognized statistical- rating organization (NRSRO).

EXHIBIT A
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Purchases of eligible commercial paper may not exceed 27 0 days maturity nor exceed fifteen percent of the City's surplus funds. In addition, no more than 10 percent of the City’s total portfolio may be invested in any one issuer of commercial paper.

9. Medium-term corporate notes issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium -term corporate notes shall be rated in a rating category "A" or its equivalent or better by a nationally recognized rating service. Further restrictions are a maximum term of five years to maturity and total investments in Medium Term Corporate Notes may not exceed 30 percent of the City's surplus money.

10. Insured/Collateralized Savings accounts. Deposits in FDIC insured financial institutions located in California including, but not limited to, demand deposit accounts, savings accounts, market rate accounts, negotiable order of withdrawal accounts, and non-negotiable certificates of deposits are required to be collateralized as specified under Government Code. Collateral may be waived for any portion that is covered by federal deposit insurance. The amount on deposit shall not exceed the shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. In addition, the financial institution must have received a minimum overall satisfactory rating for meeting the needs of California Communities in its most recent evaluation under the Community Reinvestment Act.

11. FDIC insured or fully collateralized time certificates of deposit. Purchases of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio. For deposits exceeding $250,000 the City require that financial institution collateralize at 110%.

Livermore City CouncilJune 27, 2022

Livermore City Council
June 27, 2022