Livingston City Council
February 4, 2025

AMENDED

CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
FEBRUARY 4, 2025
SPECIAL MEETING: 5:30 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Regular Meeting on February 4, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.

Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Livingston Police Officer Association

7. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
four (4) matters.

8. Public Employee Appointment- (Government Code Section 54957) Title: Interim City Manager.

9. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9:

One (1) Case.

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-07
Next Ordinance No.: 659
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

City Staff Announcements and Reports.
• Happy Bains, Assistant City Manager/ Finance Director – Finance Department Update.

City Manager Announcements and Reports.
• Christopher Lopez, Interim City Manager
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Appointed Councilmember
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Appointed Councilmember, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Appointed Councilmember.
• Utility Stakeholders Committee – Japjeet Uppal and Appointed Councilmember.

Jason Roth

• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Appointed Councilmember.

Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Appointed Councilmember, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Appointed Councilmember, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Appointed Councilmember.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Service Recognition of Interim City Manager Christopher Lopez.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda

2. Consideration of an amendment to the Interim City Manager contract providing a 4% cost of living increase effective February 1, 2024. Recommendation: Approve Amendment.

3. Consideration of a Resolution (1) Authorizing the Interim City Manager to Execute a Professional Service Agreement with Shannon Pump Company to Provide Proactive Maintenance Repairs to Well 15 and Well 17 in an Amount not to Exceed $208,773.23, (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6, and (3) Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 Budget in the Amount of $106,181.29 to the Water Enterprise Fund. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Authorizing the Interim City Manager to Execute an Agreement with Midway Amusements for 2025/2026/2027 Sweet Potato Festival. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Adopting the Memorandum of Understanding Between the City of Livingston and the Supervisory Employees’ Association for the Period of July 1, 2024, through June 30, 2025, and Adopting a Revised Comprehensive Pay Schedule. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution Adopting the Memorandum of Understanding Between the City of Livingston and the Police Officers’ Association for the Period of July 1, 2024, through June 30, 2025, and Adopting a Revised Comprehensive Pay Schedule. Staff Recommendation: Approve Resolution.

PUBLIC HEARING

7. Consideration of a Resolution Approve GPA No. 2023-01, Amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to Accommodate Phase Two of the Moonglo Development Project on Property Generally Located on the South Side of Campbell Avenue East of Hammatt Avenue at Located at 2300 Campbell Avenue and Ordinance Amending the Official Zoning Map of the City of Livingston of Property Located at 2300 Campbell Avenue from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3) (Rezone 2023-01). Staff Recommendation: Approve Resolution and Waive First Reading of Ordinance, open and close Public Comment, and approve Ordinance by title only. (CONTINUED TO THE NEXT REGULAR CITY COUNCIL MEEETING OF 2-18-2025).

8. Consideration of a Resolution to Approve a Time Extension for Time Extension Application No. 2024- 01 MIT No. 2019-03 for the Villages at Main Residential Apartment Community on Property Generally Located on the East Side of Main Street, South of Peach Avenue (APN No. 047-280-020 and 047-280- 029). Staff Recommendation: Approve Resolution. (CONTINUED TO THE NEXT REGULAR CITY COUNCIL MEEETING OF 2-18-2025).

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution Approving Appropriations and Amending the Fiscal Year 2024-2025 Budget and Authorizing the Finance Department to Move Gilton’s Franchise Fee’s from the Fire Services Fund Back to the General Fund and All Future Franchise Fee’s Received from Gilton to be Put in the General Fund. Staff Recommendation: Approve Resolution.

10. Notice of Resignation of Japjeet Singh Uppal from the Livingston Planning Commission, Resolution Appointing Mohinder Kanda as a Commissioner of the City of Livingston Planning Commission, and Direction to Staff to Solicit Applications for Consideration for an Appointment to the Planning Commission as a Planning Commissioner Alternate Member.

11. Discussion and Direction Regarding Parks, Recreation, and Arts Commission Vacancies.

12. Discussion and Direction on Dissolving the Ad-Hoc Committee for Over-the-Counter Building Permit Application Process.

13. Discussion and Direction on the Designation of Delegate(s) for the Merced County Association of Governments (MCAG) 2025 One Voice Trip and Identify Potential Priorities.

14. Status Update on Council Direction Given on August 20, 2024, regarding Administrative Fee for Solid Waste, Recycling and Organics Collection Services Processing Maintenance and Enforcement.

15. Consideration of a Resolution Appointing a Member to Fill the City Council Vacancy as a Result of Councilmember-Elect Rodrigo Espinosa’s Resignation and Discuss the City Treasurer Vacancy.

ADJOURNMENT

STAFF REPORT
AGENDA ITEM: Announcements and Reports: Interim City Manager MEETING DATE: February 4, 2025
PREPARED BY: Christopher Lopez, Interim City Manager
This document serves as a synopsis of the achievements and successes of the City of Livingston since my initial arrival in 2023. The credit for these achievements go to the incredible staff here in the City of Livingston, who continually come to work and provide incredible service to the residents of Livingston.

There is no doubt in my mind that the organization is in a much better place than it was in 2023, and I am extremely appreciative of their dedication to the wonderful community of Livingston.

Below is a listing of some of those achievements:

1. $1M grant from Senator Caballero for Water Infrastructure

2. One year CIP developed and adopted by the Mayor and Council in FY 23/24 and FY 24/25

3. FY 23/24 Budget delivered on time and balanced

4. FY 24/25 Budget delivered on time and balanced

5. First Mid-Year budget review presented to Council on 2/20/2024

6. Multiple significant personnel matters resolved

7. PD dispatch fully staffed in 2024

8. General plan amendment with Mintier Harnish approved by council

9. MCAG One Voice delegation visit in 2023 and 2024

10. Personnel and labor attorney retained in 2023 to assist with personnel matters

11. Recruiter retained for Police Chief, and Police Chief hired in 2024

12. City attorney RFP developed, interviews conducted by Council, and new city attorney selected by Council in 2023

13. 4th of July fireworks show back again after pause due to COVID

14. Well 8A under construction

15. Baker Tilly under contract to assist with Master Tax Sharing agreement

1. Long term financial model developed with results presented to Ad-Hoc

2. Policy issues identified by consultant and provided to tax sharing ad-hoc

16. Cal Recycle audit and action plan addressed due to non-compliance issues

17. Financial audits on track after years of falling behind

18. Community BBQ with PD kicked off

19. Sister city kicked off with proper resolutions in place and visits in 2023 and 2024

20. Employee engagement- events for employees including Thanksgiving Employee Appreciation lunch, Christmas holiday events, and employee engagement committee established with events in 2023 and 2024

21. New building inspection plan check firm and development services technician on board providing coverage for the development community

22. Resolution to wastewater vendor services agreement and performance issues resolved

23. Live streaming of planning commission meetings

24. Trane system and solar power implemented and functional after years of non-functionality

25. Solid waste consultant retained to evaluate solid waste proposals with recommendation of Gilton and agreement approved by the Council.

26. Preliminary information for potential sales tax items including revenues, polling firm identified, and brought to council for direction in 2024 and presented to Ad-Hoc

27. City Clerk’s Office

1. Part time personnel added to deal with significant workload

2. New Assistant to the City Manager/Deputy City Clerk classification adopted by the Council

3. Ordinance adopted by the Mayor and City Council delegating responsibilities to staff

28. Slurry seal project - largest slurry seal awarded by Council and completed

29. Generator replacement for PW authorized and approved by Council

30. County paving project collaboration and MOU approved by Council and paving project completed

31. Code compliance program initiated including comprehensive spay/neuter program

32. Horse/Mounted Unit MOU finalized after decades without agreement

33. Fire improvements including new training devices, tools/equipment replacement, and investments in FD infrastructure

34. New lights in max foster basin for youth creating additional recreation programming opportunities

35. New PD gym for PD employees to take care of their physical health paid for by grant

36. Radar for PD tool purchased and deployed

37. Little Giants recreation program offered to residents

38. Office 365 migration completed

39. 18 month fire services agreement adopted by Council—first agreement for Fire services in decades

1. Higher level of staffing provided at Livingston Fire Station

40. 1% special sales tax measure adopted by the voters of Livingston

1. Education firm retained by City to educate voters on importance of Measure L

41. Online employee onboarding being finalized by Human Resources

42. Agenda Management System agreement approved by Council which will modernize agenda management system

43. One Year MOUs approved by all bargaining groups with last two to be approved on 2/4/2025

44. New vehicles in PD and Public Works to ensure staff has equipment necessary to conduct their work

45. First Council Candidate orientation hosted by staff in 2024

46. Defensive driver training provided to Public Works staff in 2025

47. General Plan workshop for the community hosted in 2024

48. Grant writing firm retained by the City in 2024

49. $27M water infrastructure grant funding accepted by Council; pending final agreement by the City Council

50. Final ARPA project funding committed by the City Council

51. Solar lighting improvements installed at City Council Chambers parking lot and City Hall resulting in increased lighting for residents and staff at City Hall—funded by grant funds

52. Architectural design firm for Rec Plex identified and contract awarded

53. New Dutch Bros. constructed and open for business in 2024

54. Contract for vendor to livestream Council meetings adopted by Council ensuring continuity of video streaming services for City Council regular and special meetings While these are many successes that the City should be proud of, there are several items that still require the City’s attention. These are included below:

1. Recreation
a) 4th of July event and length of event

i) Who is responsible for managing event—staff, Ad-Hoc, etc. ii) Duration of event
b) Rec Plex
i) Funding gap
ii) Adherence to Prop. 68 requirements
c) Alignment of maintenance of facilities with PW to ensure seamless operations

2. Human Resources
a) Longer term MOUs
b) Citywide training programs
c) Employee onboarding going digital
d) Workplace violence prevention plan

3. Finance
a) Measure L work plan
i) Allocation of funding for public safety—Fire, police, dispatch, etc. b) Refuse admin fee
c) Franchise fee into restricted fund
d) Fire parcel tax retained by County
e) CFD and LLMD fund balances and need for work plans
f) Continued diligence to budgets and audits to avoid future delays

4. IT
a) Replacement of CPUs
b) Server updates

5. Fire
a) Longer term solution beyond 18 months
b) Equipment replacement
c) Potential SAFER Grant application

6. City Manager’s Office
a) Master Tax Sharing Agreement
i) Negotiations
ii) Kick off again in 2025
iii) Contract with Baker Tilly
b) CRM system
c) MCAG One Voice

7. Clerk’s Office
a) Agenda Management System

8. Planning/Community Development
a) General Plan
b) Housing Element
c) Master Plans
i) Sewer/Wastewater
(1) Current plans should not be relied upon
(2) Wastewater facility needs to be expanded
(3) DIF
d) Final Certificate of Occupancy

i) Various businesses
e) Gallo 4th Amendment
f) SB2—cancellation of MOU with developer
g) Recruitment of Director

9. Public Works
a) Citywide longer-term CIP
i) Facilities, vehicles, etc.
b) Maintenance schedules: American Public Works Association as guide c) Tree trimming schedules
d) Workplans and budgets: LMDs/CFDs
e) Training programs
i) Hydration, driving, traffic control, workplace safety f) Sidewalk repair program
g) Involvement with Developments to ensure adequate water capacity h) PW Superintendent retirement
i) Maintenance, repair, replacement of water/wastewater infrastructure

10. Engineering
a) MCAG Measure V Projects
i) Status—projects allocated funding and need funding agreements before work begins b) One Year CIP—effectiveness in execution
c) Five Year CIP
d) Water
i) Technical memo: 2025
ii) Need alignment with PW and Engineering
iii) Can and Will serve letters
(1) Bassi
(2) Self Help Enterprise
(3) 480 Unit complex

11. PD
a) Recruitment and retention of officers
b) Code compliance
c) Training
d) Emergency Preparedness

12. Council
a) Protocols
b) Future agenda items
c) Strategic Planning
d) One Team—the City of Livingston Team
I would like to thank the incredible employees of the City of Livingston, the residents of the community, and the various non-profit and business organizations that have continually pushed to ensure that Livingston residents receive the highest level of professionalism and ethical standards from the Livingston Team.

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
A Resolution of the City Council of the City of Livingston Approving Amendment Number One to an Employment Agreement Between the City of Livingston and Christopher Lopez for Interim City Manager Services
February 4, 2024
Happy Bains, Acting Finance Director and
Roy C. Santos, City Attorney
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Livingston Approving Amendment Number One to the Employment Agreement Between the City of Livingston and Christopher Lopez for Interim City Manager Services.

BACKGROUND AND DISCUSSION:

On February 7, 2023, the Mayor and City Council approved an agreement with Christopher Lopez for the Position of Interim City Manager. During Mr. Lopez's employment, he identified that no cost-of•living adjustment (COLA) had been approved in his employment agreement. Mr. Lopez's current agreement does not allow a COLA increase without approval by the City Council. After receiving a positive performance evaluation, Mr. Lopez requested a COLA in the amount of four (4%) percent to be effective as of the date of his performance evaluation. Amendment No. 1 provides Mr. Lopez an increase in his base salary pursuant to a COLA of four (4%) percent, effective as of February 1, 2024.

Additionally, the resolution allows the City Attorney to make additional changes to the agreement.

ATTACHMENTS:

1. Resolution

2. Amendment Number One
01424.0001/1049263. I Page 1 of 1

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON APPROVING AMENDMENT NUMBER ONE TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND CHRISTOPHER LOPEZ

FOR INTERIM CITY MANAGER SERVICES
WHEREAS, the City of Livingston City Council (“City”) approved an agreement for Interim City Manager on February 7, 2023.

WHEREAS, Mr. Lopez has requested he be provided a Cost of Living Adjustments (COLAs), increase by four (4%) percent, effective February 1, 2024; and WHEREAS, the attached Amendment One amends Mr. Lopez’s existing employment agreement with the City; and
WHEREAS, due to the Council previously approving the agreement, the Council must approve any additional amendments to the original agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby authorizes the following:

1. The above recitals are incorporated herein by reference;

2. The City Council hereby approves Amendment No. One to the employment agreement with Christopher Lopez for interim City Manager Services; and

3. The City Council approves amending the salary schedule of the City Manager position to be increased by four (4%) percent, effective February 1, 2024; and

4. All future increases to the Salary Schedule must be approved and adopted by the City Council.

5. The Finance Department is authorized to make the necessary supplemental appropriation to the Fiscal Year 2024/2025 budget.

I hereby certify that the foregoing Resolution No. 2025-__ is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 4th day of February 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF LIVINGSTON AND

CHRISTOPHER LOPEZ FOR INTERIM CITY MANAGER SERVICES
This Amendment is made and entered into this 4th day of February 2025, by and between the City of Livingston, a municipal corporation organized under the laws of the State of California (hereinafter "City"}, and Christopher Lopez !"Employee") jointly referred to herein as "Parties".

The City and Employee entered into an employment Agreement for interim city manager services. All terms of the aforementioned agreement will continue in force, including those in this Amendment No. l, with the exception of the following:

The Agreement is amended to include the following additional language:

The Parties agreed to the following salary adjustment:
(a). Base Salary
(i) COLA Based Salary Adjustment. Effective on February l . 2024, Employee's Base Salary shall be increased four (4%) percent.

IN WITNESS WHEREOF. the parties hereto have duly executed and delivered this Amendment as of the day and year first below written.

EMPLOYEE
Christopher Lopez, Interim City Manager

CITY OF LIVINGSTON
Jose Moran, Mayor
Attest:

Monica Cisneros, Deputy City Clerk
Approved as to Form:

Roy C. Santos, City Attorney
01424.0001/1048968.1
Date:

Date:

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution (1) Authorizing the Interim City Manager to Execute a Professional Service Agreement with Shannon Pump Company to Provide Proactive Maintenance Repairs to Well 15 and Well 17 in an Amount not to Exceed $208,773.23~ (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6, and (3) Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 budget in the Amount of $106,181.29 to the Water Enterprise Fund
February 4, 2025
Anthony Chavarria, Public Works Director
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston ( 1) Authorizing the Interim City Manager to execute a Professional Service Agreement with Shannon Pump Company to provide proactive maintenance repairs to Well 15 and Well 17 in an amount not to exceed $208,773.23, (2) Waive formal bidding requirements as outlined in Section 1-11-6, and (3) authorizing the Finance Department to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $106,181.29 to the Water Enterprise Fund.

BACKGROUND WELL 15:

This report provides an overview of the status of Well 15, which has been offline for more than six years due to significant water quality issues, specifically elevated levels of Manganese, Arsenic, and the presence of 1,2,3-Trichloropropane. With the increasing demand for water during the summer months, staff have initiated a comprehensive review of Well 15 to assess the feasibility of bringing it back into service.

Well 15 was put on standby due to elevated Manganese and Arsenic. The well has been found to contain:
• Manganese: Recorded levels of 550 ppb, far exceeding the reporting limit (MCL) of 50 ppb
• 1,2,3-Trichloropropane: Detected at 0.043 ppb, surpassing the reporting limit (MCL) of

0.0007 ppb
• Arsenic: Was detected at a range from 3.3 ppb to 13 ppb within the last 13 years. In the past three years the average level of Arsenic has been 3.6 ppb. The reporting limit for Arsenic (MCL) is 1 O ppb.

In efforts to evaluate the possibility of reactivating Well 15, staff undertook the following steps:

2. Title 22 Sampling: Samples were collected and analyzed in accordance with Title 22, California's drinking water standard. Testing results confirmed that elevated levels of Manganese and 1,2,3-Trichloropropane persist in the well, but Arsenic levels have dropped below the MCL of 10 ppb.

Here is a summary of the key tasks that have been completed:

1. Deep Well Turbine Pump Removal for Repairs: To address potential operational issues, Shannon Pump Company removed the deep well turbine pump from Well 15. During the removal of columns, it was noted that the whole column of the well would have to be replaced.

2. Well Video Survey: Shannon Pump Company conducted a video survey of the well to accurately assess its condition. The video was not as clear as expected due to debris and tuberculation of the well. The contractor managed to see that the foot valve was at the bottom of the well which also will need to be removed before any repairs can be performed. It became evident that there are additional underlying issues affecting the well's operation.

3. Pressure Wash and Air Lifting the Well: Was performed based on the video survey results, this also allowed staff to get a clear picture of the well. The contractor recommended that the well undergo another pressure wash due to the condition and the well's prolonged inactivity (not completed).

Here is a summary of the key tasks that need to be completed for well rehab:

1. Pre-Air lift, water pressure jet perforations with chlorine, post airlift and swab

2. Well video post rehab

3. 100HP Motor service, change out oil, grease bearings and install 1-1/4" Head shaft nut key S.S.

4. Material to repair packing gland box

5. 10"X9' 11-1/4" water lube column assembly

6. 12-inch 5 stage bowl assembly

7. Suction Screen and Teco check valve

8. Install pump with Turbine rig and Tender Truck
While the additional production from Well 15 does offer a crucial, reliable additional source of water in helping maintain consistent water pressure and availability across our city, the continued presence of Manganese, 1,2,3-Trichloropropane and Arsenic do raise concerns. The intent is to use Well 15 only when needed during summertime months to maintain distribution pressure during periods of high peak demand. In order to rely on continued production from Well 15, TCP, Manganese and most likely Arsenic treatment would need to be constructed.

BACKGROUND WELL 17:

The City of Livingston owns and operates nine water wells and one-million-gallon water tank, which are essential components of our municipal water supply system. Given our current water situation and the increasing demand for reliable water services, city staff has been proactive in evaluating the efficiency and performance of our water wells. City staff engaged Power Services, Inc., a third-party contractor, to assess the efficiency and health of our water wells. The assessment indicated a significant reduction in output from Well 17, with production levels decreasing from 1,750 gpm to 1,400 gpm.

The diagnoses suggest that Well 17 has either a dropped impeller or requires replacement of the well bowls. This condition has resulted in increased horsepower demand, indicating dragging components within the well infrastructure.

Once the well is pulled, Shannon Pump Company will employ a camera to inspect the casing and any other components below the ground, ensuring a comprehensive assessment and addressing any additional issues. The repair is expected to restore approximately 300 gpm to our distribution system, which is crucial for meeting community needs and maintaining efficient water service.

DISCUSSION: .

Staff have consulted with Shannon Pump Company, the original installers for most of the City of Livingston water wells, to undertake the repair of Well 15 and Well 17. Shannon Pump Company is well-qualified and familiar with our systems, positioning them as the ideal pump company to address this issue promptly and effectively.

Well 17 repairs are expected to take approximately 2-4 weeks, depending on the challenges that may arise during the repair process. The increase in capacity will depend on the yield of the water well and is projected to increase by 300-400 gpm.

Well 15 repairs are expected to take approximately 2-4 weeks after well 17 is repaired and completed.

The increase in capacity will depend on the yield of the water well and the anticipated production would be restored to its original production rate of 500 gpm.

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes: and/or (C) Available from only one source.

Due to current water capacity challenges that the city is working through, staff is recommending that the City Council waive the informal bidding requirements due to the urgency of this item. This item has the potential to impact life, health, or property.

Staff is recommending bypassfng the formal bidding process due to the delay it would cause to complete the project. If the city were to follow formal bidding procedures staff would lose at the minimum 2.5 - 3 months of time. This would put the project start date toward the end of April or beginning of May when water demand starts to increase. It just isn't a good idea to take our largest producing well offline for repairs when the weather starts to warm up and production/consumption increases. The cost of the project would increase due to the engineer's scope preparation, pre-bid meeting, bidding. bid opening, project oversight and advertisement.

Delaying the project through the formal bidding process at this point would increase water system liability.

FISCAL IMPACT:

Repairs to Well 17 will be expended from the approved Fiscal Year 2024/2025 budget in the Water Enterprise Fund (2100·810-4392) in the amount not to exceed $102,591 .94. However, for well 17 it is not certain if there will be any additional costs since the water well has not been pulled out for inspection. Staff has proactively added bowls to mitigate a worst-case scenario; these will not be

replaced if they prove unnecessary. Additionally, the conditions of the columns and the results of a camera inspection will be used to verify that everything is in order.

Staff is requesting that the Finance Department be authorized to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $106,181.29 to the Water Enterprise Fund (2100-810- 4392). Well 15, staff is already aware of its condition as it has been pulled out for inspection, and the current estimate includes the worst-case scenario, so additional repairs beyond this scope are not anticipated at this time.

ATTACHMENTS:

1. Resolution No. 2025-

2. Shannon Pump Company Proposals

3. Professional Service Agreement

RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL

SERVICE AGREEMENT WITH SHANNON PUMP COMPANY TO PROVIDE
PROACTIVE MAINTENANCE REPAIRS TO WELL 15 AND WELL 17 IN AN AMOUNT NOT TO EXCEED $208,773.23, (2) WAIVE FORMAL BIDDING REQUIREMENTS AS OUTLINED IN SECTION 1-11-6, AND (3) AUTHORIZING THE FINANCE

DEPARTMENT TO MAKE A SUPPLEMENTAL APPROPRIATION TO FISCAL YEAR 2024/2025 BUDGET IN THE AMOUNT OF $106,181.29 TO THE WATER

ENTERPRISE FUND
WHEREAS, Well 15 has been offline for more than six years due to significant water quality issues, specifically elevated levels of Manganese, Arsenic, and the presence of 1,2,3- Trichloropropane; and
WHEREAS, with the increasing demand for water during the summer months, staff have initiated a comprehensive review of Well 15 to assess the feasibility of bringing it back into service; and
WHEREAS, in efforts to evaluate the possibility of reactivating Well 15, Title 22 sampling was collected and analyzed and testing results confirmed that elevated levels of Manganese and 1,2,3-Trichloropropane persist in the well, but Arsenic levels have dropped below the MCL of 1 0 ppb; and
WHEREAS, the intent is to use Well 15 only when needed during summertime months to maintain distribution pressure during periods of high peak demand and in order to rely on continued production from Well 15, TCP, Manganese and most likely Arsenic treatment would need to be constructed; and
WHEREAS, given our current water situation and the increasing demand for reliable water services, city staff has been proactive in evaluating the efficiency and performance of our water wells; and
WHEREAS, city staff engaged Power Services, Inc., a third-party contractor, to assess the efficiency and health of our water wells and the assessment indicated a significant reduction in output from Well 17, with production levels decreasing from 1,750 gpm to 1,400 gpm; and WHEREAS, the diagnoses suggest that Well 17 has either a dropped impeller or requires replacement of the well bowls; and
WHEREAS, once the well is pulled, Shannon Pump Company will employ a camera to inspect the casing and any other components below the ground, ensuring a comprehensive assessment and addressing any additional issues; and
WHEREAS, the repair is expected to restore approximately 350 - 450 gpm to our distribution system, which is crucial for meeting community needs and maintaining efficient water service; and
01424.0001/910135 I

Resolution No.

WHEREAS, staff have consulted with Shannon Pump Company, the original installers for most of the City of Livingston water wells. to undertake the repair of Well 15 and Well 17; and
WHEREAS, Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source WHEREAS, due to current water capacity challenges that the city is working through, staff is recommending that the City Council waive the informal bidding requirements due to the urgency of this item which has the potential to impact life, health, or property; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. Adopt a Resolution of the City Council of the City of Livingston (1) authorizing the Interim City Manager to execute a professional service agreement with Shannon Pump Company to provide proactive maintenance repairs to Well 15 and Well 17 in an amount not to exceed $208,773.23.

Section 2. Waive formal bidding requirements as outlined in Section 1-11-6.

Section 3. Authorizing the Finance Department to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $106,181.29 to the Water Enterprise Fund.

Section 4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-_ is a full. true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 4th day of February 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
By:------------

Jose A. Moran, Mayor
Of City of Livingston

Resolution No.

Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

'

SHANNON PUMP COMPANY
275 S. Highway 59
P.O. Box686
Merced, CA 95340
Phn: (209) 723-3904
Fax: (209) 723-5865
CONT. UC #279578

CUSTOMER
LIV308
1 1
1 CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
DATE
01/07/2025

1.000 L22-100
2 L22-130
1, .000 L22-110
"Under the Mechanics Lien Law (California Code of
Civil Procedure, Section 1181 et seq.) any contractor,
subcontractor. laborer, supplier or other person who
helps to improve your property but is not paid for his
work or supplies, has a nght to enforce a claim against your property. This means that after a court hearing,
your property could be sold by a court officer and the
proceeds of the sale used lo satisfy the indebtedness.

This can happen even If your have paid our own
contractor in full, if the sub•contractor, laborer. or
supplier remains unpard."
TERMS
NET 10th

DESCRIPTION
CITY WELL NO: 17

PULL DEEP TURBINE FOR

INSPECTION, REPAIRS AND
AFTER VIDEO SURVEY PRE.POST

AIR LIFT AND WATER JET OF

PERFORATIONS

PRE AND POST AIR LIFT

WITH SWAB

WATER JET PERFORATIONS

INCLUDES RIGGING UP ,RIGGING

DOWN, RUNNING OF JETTING
TOOL.WITH CHLORINE INJECTION.
14" 4 STAGE BOWL ASSY.

FOR REPLACEMENT IF NEEDED
PER CITY SPEC.

MISC MATERIAL

SHOP LABOR

WELL VIDEO

PRE AND POST WATER JETTING

TURBINE RIG & TENDER TRUCK
PULL ANO REINSTALL 0-300'
•••••••****(NOTE)***********
Quote
Quote No.: 241245
All Accounts are due ana payable on the
10th of following month after purchase. A
FINANCE CHARGE of 1.6% based on an
ANNUAL RATE of 19.2% wm be added to all
DELINQUENT ACCOUNTS Closing date
25th of each month.

CONTACT
Authorized Signature
Date

CITY OF LIVINGSTON
Thank You

SHANNON PUMP COMPANY
275 S. Highway 59
P.O. Box 686
Merced, CA 95340
Phn: (209) 723-3904
Fax: (209) 723-5865
CONT. LIC. #279578

CUSTOMER
LIV308

CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
DATE
01/07/2025
"Under the Mechanics Lien Law (California Code of
Civil Procedure, Section 1181 et seq.) any contractor,
subcontractor, laborer, supplier or other person who
helps to improve your property but Is not paid for his
work or supplies, has a right to enforce a claim against your property. This means that after a court hearing,
your property could be sold by a court officer and the
proceeds of the sale used to satisfy the indebtedness.

This can happen even if your have pard our own
contractor in full, if the sub-contractor, laborer, or
supplier remains unpaid "
TERMS
NET 10th

DESCRIPTION

THIS IS FOR ESTIMATE PURPOES

LABOR AND MATERIAL

MAY CHANGE AFTER PUMP IS

PULLED INSTECTED AND WELL IS

VIDEOED
Quote subtotal
Quote
Quote No.. 241245
All Accounts are due and payable on the
10th of following month after purchase. A
FINANCE CHARGE of 1.6% based on an
ANNUAL RATE of 19.2% wrll be added to all
DELINQUENT ACCOUNTS. Closing date
25th of each month

CONTACT
Sales tax@ 7.75000%
100554.05
2037.89
Quote total
Authorized Signature
Date
Thank You

CITY OF LIVINGSTON
102591.94

SHANNON PUMP COMPANY
275 S. Highway 59
P.O. Box686
Merced, CA 95340
Phn: (209) 723-3904
Fax: (209) 723~5865
CONT. UC. #279578

CUSTOMER
LIV308
1 1

CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
DATE
11/18/2024
1 T-HSNK 1 1/4
1 22
"Under the Mechanics Lien Law (California Code of
CivR Procedure, Section 1181 et seq.) any contractor,
subcontractor, laborer, supplier or other person who
helps to improve your property but is not paid for his
work or supplies, has a right to enforce a claim against your property. This means that after a court hearing,
your property could be sold by a court officer and the
proceeds of the sate used to satisfy the indebtedness.

This can happen even if your have paid our own
contractor in full, if the sub-contractor, laborer, or
supplier remains unpaid."
TERMS
NET 10th

DESCRIPTION
CITY WELL NO: 15

WELL REHAB AND PUMP REPAIRS

REMOVE FOOT VALVE SCREEN
ON TOP OF SAND FILL AT 270'

PUMP HOIST AND TOOLING
TO FISH OBJECT OUT AT 270 FT.

WELL VIDEO VAN TO HELP W/

LOCATING
SCREEN AND HOOKING IT.
********* WELL REHAB*******

PRE AIR LIFT, WATER PRESSURE

JET PERFORATIONS W/ CHLORINE
POST AIR LIFT AND SWAB.

WELL VIDEO POST REHAB
***PUMP REPAIR MATERIAL•••
100 HP MOTOR SERVICE

CHANGE OUT OIL AND GREASE

BEARINGS
1-1/4" HEAD SHAFT NUT KEY
S.S.

MATERIAL TO RPAIR PACKING

GLAND BOX
10" X 9' 11 -1/4" WATER LUBE

COLUMN ASSY W/
Quote
Quote No.. 241244
All Accounts are due and payable on the
10th of following month after purchase. A
FINANCE CHARGE of 1.6% based on an
ANNUAL RATE of 19.2% will be added to all
DELINQUENT ACCOUNTS. Closing date
25th of each month.

CONTACT
Authorized Signature
Date

CITY OF LIVINGSTON
Thank You

SHANNON PUMP COMPANY
275 S. Highway 59
P.O. Box686
Merced, CA 95340
Phn: (209) 723-3904
Fax: (209) 723-5865
CONT. UC. #279578

CUSTOMER
LIV308
1 1

1.000

1.000

1.000

CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
DATE
11/18/2024
L22-100
L22-101
L22-110
"Under the Mechanics Lien Law {Califomle Code of
Civ~ Procedure, Section 1181 et seq.) any contractor,
subcontractor, laborer. supplier or other person who
helps to improve your property but is not paid for his
work or supplies, has a right to enforce a claim against your property. This means that after a court hearing,
your property could be sold by a court officer and the
proceeds of the sale used to satisfy the indebtedness.

This can happen even if your have paid our own
contractor in full, if the sub-contractor. laborer, or
supplier remains unpaid."'
TERMS
NET 10th

DESCRIPTION
S.S. 1-1/4" SHAFTS AND BRASS
/RUBBER INSERTS.
12 INCH 5 STAGE BOWL ASSY.

SUCTION SCREEN AND

TECOCHEK VALVE

SHOP LABOR

MACHINE SHOP LABOR

TURBINE RIG & TENDER TRUCK

INSTALL PUMP
Quote subtotal
Quote
Quote No.: 241244
All Accounts are due and payable on the
10th of following month after purchase. A
FINANCE CHARGE of 1 6% based on an
ANNUAL RATE of 19.2% will be added to all
DELINQUENT ACCOUNTS. Closing date
25th of each month.

CONTACT
102090.06
Sales tax@ 7.75000% 4091 .23
Quote total
Authorized Signature
Date
Thank You

CITY OF LIVINGSTON
106181.29

CITY OF LIVINGSTON

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on February 04, 2025, by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and Shannon Pump Company (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:
l. SERVICES OF CONSULT ANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "'A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses. Permits. Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $208,773.20 Dollars "Two Hundred Eight Thousand, Seven Hundred, Seventy-Three Dollars and Twenty Cents".
01222 000 1/643601. 1

2.2 Invoices. Annually Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C" and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work. and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( I 0%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 2

fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions~ riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency~ including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). [The City may, in its sole discretion, extend the Term for l additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Chris Shannon is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. City Manager [ or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION
3

5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the tenn of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office fonn CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office fonn CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be perfonned in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to 4

property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. ( c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(t) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract prov1s1ons (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except for 5

nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

G) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (I) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request. all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or 6

property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, 7

interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

7.2 Disputes: Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8

7.4 Termination Prior to Expiration of Tei:ro. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7 .2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of 9

the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston. CA 95334, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or 10

association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections I 091 or I 091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including1 but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement. such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
f Signatures On The Following Page]
1l

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CITY:

CITY OF LIVINGSTON, a municipal
corporation
Christopher Lopez, Interim City Manager
CONSULT ANT:

Shannon Pump Company
By: ___________ _
Name: Chris Shannon
Title: Owner, Shannon Pump Company
By: ___ ______ ____ _
Name:

Title:

Address: 275 State Hwy 59. Merced. CA
95341
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 12

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF MERCED
On _ , 2025 before me, _____ . personally appeared __ , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ______________ _

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn .

CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
□
□
□
□
□

TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01222.0001/643601 I

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DA TE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF MERCED
On , 2025 before me, ______ , personally appeared _ ______ , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
□
□
□
□
□

TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01222,0001/643601 I

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DA TE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Services as outlined on the Shannon Pump Company Proposal titled Quote # 24 I 245 dated January 07, 2025
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Deliverables as outlined on the Shannon Pump Company Well 17 Quote #241245 Proposal dated January 07, 2025. Deliverables as outlined on the Shannon Pump Company Well 15 Quote #241244 Proposal dated 11/18/2024 Ill. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Invoices of services and recommended repairs needed to be performed to the Drinking Water Well 15 and Well 17.

IV. All work products are subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Personnel required to perform all needed, service, repair and reinstall water pump as designed per well 15 and well 17 specifications. City of Livingston outlined on the proposal dated January 07, 2025 for well 17. City of Livingston outlined on the proposal dated November 18, 2024 for well t 5.
01222 0001/64360! I A-1

01222.0001/643601 . l
EXHIBIT "8"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
B-l

EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates: Well 17 Proposal and services.

CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
DATE
t_
LIV308 01/07/2025
1 000 L22-100
2 L22-130
1 000 L22-110
·under the Mechano;s Lien Law 1canromta COCIO 01
Civil Procf!dure Section 1181 el &oq ) any contractor
subcontractor. f8borer. supplier gr other parson Who
helps lo Improve your property bul Is not paid for hos
work or supploea. has a nght lo enforce e cla,m against your properly This means that after a c:ourl hearing,
your property could be iold by a court offioor and lhe
pro<;eOds of the sale used 10 satisfy lhe indebtedness
This can happen even if your have paid 01/f own
contractor ,n ru I, r lho sut,.contracto,, laborer or
supplier rcma ns unpaid •
01222 0001/643601 1
TERMS
NET 10th

DESCRIPTION
CITY WELL NO 17

PULL DEEP TURBINE FOR

INSPECTION, REPAIRS AND
AFTER VIDEO SURVEY PRE.POST

AIR LIFT AND WATER JET OF

PERFORATIONS

PRE AND POST AIR LIFT

WITH SWAB

WATER JET PERFORATIONS

INCLUDES RIGGING UP ,RIGGING
DOWN. RUNNING OF JETTING
TOOL WITH CHLORINE INJECTION.
t4" 4 STAGE BOWL ASSY

FOR REPLACEMENT IF NEEDED

PER CITY SPEC

MISC MATERIAL

SHOP LABOR

WELL VIDEO

PRE AND POST WATER JETTING

TURBINE RIG & TENDER TRUCK
PULL AND REINSTALL 0-300'
Al Accounts are due and payoblo on the
10th ot loOow,ng month aftl!r purcha'<I A
FINANCE CHARGE or 1.6% based on en
ANNUAL RATE ol 19 2°.(, wit be added to all
Dl:LtNOUENT ACCOUNTS Clo1,ng date
251h of oaeh monlh

CONTACT
Authol'lzed Signature
Date

CITY OF LIVINGSTON
Thank You
C-1

SHANNON PUMP COMPANY
275 S. Highway 59
PO Box 686
Merced. CA 95340
Phn: (209) 723-3904
Fax: (209) 723·5865
CONT. LIC #279578

CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334

I CUSTOMER DATE
LIV308 01/07/2025
TERMS
NET 10th
Quote
Quote No 24124!>
Al Accoun\S are clue and pa~able on the
10th of follow,no month after purchase A
FINANCE CHARGE of I 6% based oo an
ANNUAL RATE of 19 2% WtW be added to all
OELINOUENT ACCOUNTS Ctoslr.o elate
25th of each month

CONTACT
I ___ ._- - --- - --- - DESCRIPTION

THIS IS FOR ESTJMATEPURPOES --

LABOR AND MATERIAL

MAY CHANGE AFTER PUMP IS
PULi.ED INSTECTED AND WELL IS

VIDEOED
Quote subtotal
Sales tax@ 7. 75000%
Quote total

SCHEDULE OF COMPENSATION
100554 05
2037 89
102591 94
JI. Consultant shall perform the following Services at the following rates: Well 15 Proposal and services.
01222.0001/643601.1

SHANNON PUMP COMPANY
275 S Highway 59
P.O. Box 686
Merced. CA 95340
Phn: (209) 723.3904
Fax (209) 723-5865
CONT. UC #270578

CUSTOMER
LIV30B
22 CITY OF LIVINGSTON
1416 C STREET
Livmgston, CA 95334
DATE
11/18/2024
T-HSNK 11/4
"Under the MeC11onic1 Lian l aw (Cal<forn,a Coda of
ClV11 Procedure. Sedlon 1181 el * l any C0fllrado,.
t ubeontracior lal>Oror. supplier or 0lhcr pe,50n who
helpft to Improve your p,QpOrty bu! is no1 paid ror his wori< or supplies. has a right lo enlo,c,e i, claim agaon&l your prope,ty Th11 means that after a ~ urt hoaring.
your p,opert~ could be !!Old by• co.rrt offlOOr a!>d tho l)(oc.-.ds of Iha salo u,;ad to s.t• ty lhe Indel>lodnen This can h-.,pen aven ,t you, hove paid O\J< OWJl
contractor ,n full, ,f thft wt, conlraclor laborer. or
5Ul)pl,er ll!malns unpaid·
01222 0001/643601 1

TERMS I
NET 10th I

DESCRIPTION
CITY WELL NO 15
WELL RC! IAO AND PUMP REPAIRS

REMOVE FOOT VAL VE SCREEN
ON TOP OF SANO FILL AT 270'

PUMP HOIST ANO TOOLING
TO FISH OBJECT OUT AT 270 FT

WELL VIDEO VAN TO HELP WI

LOCATING

SCREEN ANO HOOKING IT
. .......... WELL REHA0••••0 •

PRE AIR UH, WATER PRESSURE

JET PERFOHATIONS WI CHLORINE
POST AIR LIFT AND SWAB.

WELL VIDEO POST REHAB
... PUMP REPAIR MATERIAL •••
100 HP MOTOR SERVICE

CHANGE OUT OIL ANO GREASE

BEARINGS
1-1/4" HEAD SHAFT NUT KEY
ss

MATERIAL TO RPAIH PACKING

GLAND BOX
10" X 9' 11-1/4" WATl:R LUBE

COLUMN ASSY WI
Quote
Quote No 241244
All Accounts are duo end p~ya~I• on tho
I 0lh ol loll'7'""9 month aflP.r purchase A
FINANCC CHARGE ol 1 6% l>~sad on a11
ANNUAL RATE of 19 2% WIA be added to :,it
OELINOU!aNT ACCOUNTS CioS1n9 date
~» of eaCII month

CONTACT
Authorized Signature
Date

CITY OF LIVINGSTON
Thank You

SHANNON PUMP COMPANY
275 S. Highway 59
P 0 . Box 686
Merced, CA 95340
Phn (209) 723.3904
Fax (7.09) /23-5885
CONT U C #279578

CUSTOMFR
LIV308
1 1 000
1 000
1 000

CITY OF LIVINGSTON
1418 C STREET
LMngston, CA 95334
DATE
11/1812024
L22·100
L22-101
L22-110
"Urdor the ~an,cs U.n uaw (California Code or
Crv• P1ocedu<e, Secilon 1181 el soq) any contractor
~ubOontractor. laborer supplier or olho• parson who
helps lo mprove your p,oporty bul 1$ not pad for his
- or supplilts tilt~ A right to erforco a Claim oga1ns1 your proporty lhis means lhal after a oou,t t>eanng,
you, property could bo aold by a cour1 off>Ulf an<J Ille procaed1 of the sole UM!d 10 sa~sfy Ille indeb!Odn05S
1h11 can happen e.-en ,r your n,ive paid our own
colllt:iclor in fuij. ,f the su1>-conttat 101. laborer, °' supp1te1 remains unpal<I •
III. Not Used

TERMS I
NET 10th I
DESCRIPTION ~ S S 1 . 1/4 SHAFTS AND BRASS
fRUBBER INSERTS
12 INCH 5 STAGE BOWL ASSY

SUCTION SCREEN AND

TECOCHEK VAL VE

SHOP LABOR

MACHINE SHOP LABOR

TURBINE RIG & TENDER TRUCK

INSTALL PUMP
Quote subtotal
Quote
Quote No · 24124'1
All Acoollnls ••• due and payable on the
I 0lh of foll°"'ng month af111r purchaM!. A
F,NANCE CIIARGE ol 1 8% based on an
ANNUAL RA.TC of IQ 2% w,n b• added ID a~
OHINOUENr ACCOUNTS C oaing da!a
25th of each monn,

CONTACT
102090.06
Sales tax @ 7 7!>000% 4091.23
Quotti total 106181 29
Aulhonzed Signaturn

CITY OF LIVINGSTON
Date
Thank You
IV. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the 01222.0001/643601 .1

Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

V. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

VI. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VII. Consultant's billing rates for all personnel are attached as Exhibit C-1 and C-11. 01222 000 I /64 360 I.I

EXHIBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Not Applicable
D-1
01222.00011643601 I

STAFF REPORT
AGENDA ITEM: Resolution Authorizing the Interim City Manager to Execute " an Agreement with Midway Amusements for 2025 / 2026 / 2027 Sweet Potato Festival
MEETING DATE:

PREPARED BY:

REVIEWED BY:

March 4, 2025
Jacquelyn Benoit, Recreation Superintendent
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Resolution Authorizing the Interim City Manager to Execute an Agreement with Midway Amusements for 2025 I 2026 I 2027 Sweet Potato Festival.

BACKGROUND:

The city has used Harry Mason with Midway Amusements for the Sweet Potato Festival for the past two years. Harry came highly recommended to us from the Los Banos Fair in 2023. Harry is out of Fair Oaks and has put us on their yearly route. In 2023 and 2024 Midway Amusements operated at the Sweet Potato Festival and it proved to be a good partnership.

Our past partnership was a two-year contract for carnival services, staff is recommending a three-year contract to secure the dates for 2025/2026/2027.

DISCUSSION:

Because of calendaring purposes and the difficulty in getting carnivals, staff is looking to have a three-year contract instead of two. As the council may or may not know, the carnival income helps us continue to keep the entry of the festival at a reduced cost.

The council may consider the following options:

1. Permit the City Manager to negotiate and approve the contract with Hary Mason, Midway Amusements pending the city attorney's approval.

2. Deny the contract with Midway Amusements.

3. Provide different direction to staff.

FISCAL IMPACT:

Contractor agrees to compensate the City as Follows: 25% of all advance I pre-sale unlimited admission tickets sold. 25% of all onsite admission tickets sold. In 2023/2024, presale tickets were sold, $29,670.00 and at the end of the event paid Midway $7,486.00.

ATTACHMENTS:

Resolution
Contract
2

RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MIDWAY AMUSEMENTS FOR 2025/2026/2027

SWEET POTATO FESTIVAL
WHEREAS, the city has used Harry Mason with Midway Amusements for the Sweet Potato Festival for the past two years. Harry came highly recommended to us from the Los Banos Fair in 2023; and
WHEREAS, Harry is out of Fair Oaks and has put us on their yearly route. In 2023 and 2024 Midway Amusements operated at the Sweet Potato Festival and it proved to be a good partnership; and
WHEREAS, our past partnership was a two year contract for carnival services and I am recommending a three year contract to secure the dates for 2025/2026/2027; and WHEREAS, two recommendations were given and connection was made with Harry Mason of Midway Amusements; Harry had the last weekend of September available and is interested in putting us on their yearly route.

WHEREAS, the terms of the contract are the same as the contract that we held with Harry Mason in 2023 and 2024; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston does hereby
a. Authorize Interim City Manager to execute an agreement between Midway Amusements and the City of Livingston for 2025, 2026, 2027. b. Contractor agrees to compensate the city as Follows:

1. 25% of all advance/ pre-sale unlimited admission tickets sold.

2. 25% of all onsite admission tickets that are sold.

3. In 2023/2024, $29,670 revenue was received based on the presale tickets sold and out of that total amount the city paid Midway $7,486 based on the above percentage allocation
I hereby certify that the foregoing Resolution No. 2025-_ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 4th day of February 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:----------- Jose A. Moran, Mayor
of City of Livingston

ATTEST
Monica Cisneros. Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
2

CITY OF LIVINGSTON

EVENT SERVICES AGREEMENT FOR CARNIVAL
This EVENT SERVICES AGREEMENT (herein "Agreement"), is made and entered into by and between the CITY OF LIVINGSTON (herein "CITY") and Midway Amusement, (herein "Contractor").

The parties hereto agree as follows:

CONTRACTOR: Harry Mason, an individual doing business as Midway Amusement EVENT: September 26,27,28, 2025 / September 25, 26, 27, 2026 / September 25, 26, 27, 2027 LOCATION: Max Foster Sports Complex, 2600 Walnut Ave, Livingston, Ca 95334

1. ADMINISTRATION.

City's City Manager, or designee, is charged with the administration of this Agreement on behalf of the City and may make all decisions in connection therewith. Harry Mason (Self) is Contractor's representative authorized to make decisions in connection with this Agreement.

2. SCOPE OF SERVICES
a. Contractor is engaged in the business of producing a family amusement carnival providing attractions such as rides, midway of games and food concessions.
b. The City would like to reserve (book) the Contactor for a community carnival September 26,27,28, 2025 I September 25, 26, 27, 2026 / September 25, 26, 27, 2027 c. Location at Max Foster Sports Complex, 2600 Walnut Avenue, Livingston, CA 95334, County of Merced
d. City agrees to provide adequate space for said circus. trucks, living quarter bunkhouses & RVs at Max Foster Sports Complex, 2600 Walnut Ave., Livingston, CA 95334 commencing, five days prior to carnival dates.
e. The Contractor agrees to furnish (space permitting) 20 plus rides a midway of carnival games and 1- 4 candy and food concessions for said event.
f. Contractor to pay for its business license & health permits required by local government agencies for the circus.
g. Contractor shall pay and furnish proof of liability insurance and required endorsements of not less than Ten Million Dollars naming as additional insured the City, the County of Merced, CA and any other additional name requested.
h. Contractor shall have exclusive and overall control of the operation of all equipment associated to the Carnival which includes all entertainmentt food concessions, show devices, and generator power units. i. Contractor First will provide presale admission tickets to the city no less than six-weeks prior to the event. All presale will be discontinued being sold at 1 :00 pm, the day before the festival opens. All unsold presale tickets will be returned to Harry Mason no later than 5pm on opening day. It is the City's responsibility to collect all tickets from sponsor vendors selling the presale prior to the 5 pm timeframe for settlement. This time may change upon contractor and city agreement. j. Contractor at the end of the engagement, agrees to clean the portion of the grounds utilized during the event
k. City will be responsible for obtaining and paying for all trash dumpsters, portable restrooms and hand washing sinks for said event.

I. Carnival will pay for 4 to 6 additional porta-potties for use at crews living quarters area and to be delivered on 5 days prior to opening day of festival.
014240001/917675.1 Page 1 of 6

m. Contractor will be responsible for the picking up of all trash & debris in and around the carnival and carnival living quarters during and after the event. Contractor will provide trash cans throughout the park.
n. City agrees that it will not sponsor or book directly or indirectly any other show, amusement, or attraction of similar nature to prior to the First Party's operation for a minimum of 60 days prior to or on the date of the show.
o. City will be permitted to have the shows office & living quarters (bunkhouse trailers) to remain onsite during the event
p. City will provide a minimum of (1) freshwater (drinkable) hook-up/ outlet for the circus use.

3. SPECIAL REQUIREMENTS.

A. Contractor must comply with all applicable restrictions on the use of intellectual property including copyright laws for music.

B. Contractor agrees to permit City to use photography and/or video taping of this activity/event for promotional use/or on City's website.

C. Contractor is subject to the following restrictions: Compliance with the City of Livingston Municipal Code, including Noise Regulations.

D. Contractor warrants that she/he and all staff of Contractor who may provide services pursuant to this Agreement who may have contact with children have never been convicted of any offense specified in Public Resources Code Section 5164 or Penal Code Section 11105.3 which would preclude any such person from working with children. If required by state law and indicated below, at Contractor's sole expense, Contractor and its staff shall submit to fingerprinting and a background check, in accordance with Section 5164 of the California Public Resources Code, and/or shall submit to the City a certificate regarding communicable tuberculosis as required by Sections 5163 et seq. of the California Public Resources Code. The foregoing requirements must be satisfied prior to the commencement of the Services.

Fingerprinting and/or Tuberculosis, as specified, required:

YESX NO
[Required fbt individuals who may come in to contact with children and/ or work as a food/beverage concessionaire.]

4. TERM.

The term of this Agreement shall be from the Start Date and Start Time through the End Date and End Time specified above for 2025, 2026 and 2027

5. SCHEDULE OF COMPENSATION.
a. Contractor agrees to compensate the City as Follows: 25% of all advance / pre-sale unlimited admission tickets sold. 25% of all onsite admission tickets sold. b. The 2025 Midway Amusements unlimited ride tickets prices:
i. Advance/Presale: $30 per ticket
ii. Onsite:
unlimited ride ticket:$35 per ticket

6. INDEMNITY.

The Contractor agrees to indemnify, hold harmless, and defend the City, its officers, employees, and agents from any and all claims, tosses, or actions brought by any person or persons resulting directly or indirectly from the wrongful or negligent acts, errors, and omissions of the Contractor and its officers, employees, agents, or volunteers, including, without limitation, any penalties, claims or liabilities arising in connection with a violation of intellectual property laws and copyright regulations. 01424.0001/917675.1 Page 2 of 6

7. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement. Contractor agrees to perform the services hereunder as an Independent Contractor and under no circumstances or conditions shall Contractor or any of his/her agents, servants and employees, be considered an employee or agent of the City. Contractor is solely responsible for selecting the means, methods and procedures for performing its services hereunder and for coordinating atl portions of the work so the results will be satisfactory to City. Contractor will supply all tools and instruments required to perform its services under this Agreement. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall not be entitled to any benefits accorded to City employees, including workers' compensation, disability insurance, vacation or sick pay and Contractor hereby expressly waives any claim he/she may have to such rights.

8. FACILITIES, EQUIPMENT, SUPPLIES AND CARE OF CITY PROPERTY.

A. Contractor shall provide the following materials and equipment for use in the Event at Contractor's sole expense: Equipment Needed to Provide services for the carnival.

B. Contractor shall take prudent care of City property, including but not limited to the property listed above. Contractor shall ensure that the property, equipment and/or facility is left in the same condition as it was found.

9. INSURANCE.

If required by this Section, Contractor agrees to obtain and maintain the policies set forth in the attached Exhibit A, entitled "INSURANCE REQUIREMENTS." All policies, endorsements, certificates and/or binders shall be subject to approval by the City as to form and content. Contractor agrees to provide City with a copy of the required policies, certificates and/or endorsements before services commence under this Agreement.

Insurance Coverage as specified in Exhibit A Required:

YESXNO n

10. LITIGATION MATTERS.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California and venue shall be the County of Merced Superior Court.

11. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement.

12. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.

Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City.

13. PRIOR AGREEMENTS AND AMENDMENTS.

This Agreement, including the Exhibit, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those 01424_0001/ 917675.1 Page 3 of 6

matters covered hereunder. Except as expressly provided herein, this Agreement may only be modified by a written amendment duly executed by the parties.

14. SEVERABILITY.

Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected.

15. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

In Witness Whereof, the parties hereto have executed this Agreement on the day and year written above.

CITY OF LIVINGSTON,
Christopher Lopez, Interim City Manager
"CITY":

Harry Mason, Midway Amusements
"CONTRACTOR":

By: ______________ _ By:------------
Date
ATTEST:

Roy C. Santos
Aleshire & Wynder
01424.0001/917675. l
Date
ey: _____________ _

EXHIBIT A

INSURANCE REQUIREMENTS
A. Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.

Defense costs must be paid in addition to limits. Limits shall be no less than $10,000,000.00 per occurrence and $20,000,000.00 aggregate. The City and each of its employees and agents must be mentioned as additional insured.

8. Workers' Compensation Insurance. A policy of workers' compensation insurance on a stateapproved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000.00 per accident for all covered losses. However, this requirement shall not apply if Contractor has no employees. If Contractor has no employees, Contractor shall submit a written statement under perjury that he/she has no employees.

C. Automotive Insurance. A policy of comprehensive automobile liability insurance as required by California law.

Said policies of insurance shall not be cancelled without providing ten (10) days' prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Contractor shall, provide new evidence of insurance. No work or services under this Agreement shall commence until Contractor has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages to the satisfaction of the City.

Contractor agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor's activities or the activities of any person or persons for which Contractor is otherwise responsible.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide or The Key Rating, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager of the City due to unique circumstances.
01424.0001/917675.1 Page 5 of 6

STAFF REPORT
AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON ADOPTING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND
THE SUPERVISORY EMPLOYEES’ ASSOCIATION FOR THE PERIOD
OF JULY 1, 2024, THROUGH JUNE 30, 2025, AND ADOPTING A

REVISED COMPREHENSIVE PAY SCHEDULE
MEETING DATE: February 4, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council approve the Resolution adopting the Memorandum of Understanding between the City of Livingston and the Supervisory Employees’ Association (Association) for the term of July 1, 2024, through June 30, 2025, and adopt a revised Comprehensive Pay Schedule.

BACKGROUND:

The current Memorandum of Understanding (MOU) between the City of Livingston (City) and the Supervisory Employees Association covering the period of July 1, 2021, through June 30, 2024, expired on June 30, 2024. The City started its successor MOU labor negotiation meetings in April of 2024. The Interim City Manager negotiated additional terms and compensation for a one-year MOU at the direction of City Council, and the Association members have accepted and ratified the proposed terms of the successor MOU. The successor MOU is retroactive to July 1, 2024, and will be in effect for one year through June 30, 2025.

DISCUSSION
The new terms negotiated in the Successor MOU include the following:

1. Term of MOU Section 27 – 1 year term. Update current Section to July 1, 2024, through June 30, 2025.

2. Increases During Term of MOU Section 6.6 - City updated Section 6.6 to delete old MOU increases and insert the following new language:

Effective retroactively to July 1, 2024, and within a reasonable period after City Council approval of this successor MOU, the City shall provide a four percent (4%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

If another represented bargaining unit receives a higher percentage base pay increase for FY 2024-25 to their pay ranges published by the City during the term of this MOU, then the City will provide the difference in base pay increase to the Association represented employees starting from the date the other represented bargaining unit receives their higher base pay increase.

3. Vacation Allowance Section 16.2
The City proposes the following changes to the existing language for clarification purposes: Vacation shall vest upon the first day of employment. Thereafter, in accordance with the following schedule:

Length of Service Vacation Earned
1 - 2 years 80 Hours
3 - 4 years 120 Hours
5-14 years 160 Hours
15 year on 200 Hours

4. Vacation Section 16.3
The City agrees to make the Association requested change to this Section as follows:
“The Supervisory employee shall request in writing his preferred dates of vacation at least three (3) months in advance to the Chief of Police or his designee Command Officer.”
FISCAL IMPACT:

The FY 2024/2025 approved budget includes 3% to cover base pay increases to all employees in this represented unit.

Staff is requesting authorizing the Finance Department to make the necessary supplemental appropriations to the FY2024/2025 budget.

ATTACHMENTS:

1. Resolution- “Exhibit A”

2. Successor Supervisory Employees Association MOU – Redline

3. Revised Comprehensive Pay Schedule “Exhibit B”

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND

THE SUPERVISORY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, AND ADOPTING A REVISED COMPREHENSIVE

PAY SCHEDULE
WHEREAS, the City of Livingston ("City") endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and
WHEREAS, the compensation and benefits offered by the City to its employees are designed to aid in the City's employee recruitment and retention efforts; and WHEREAS, Section 36506 of the California Government Code requires that the City Council of the City fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, the current Memorandum of Understanding ("MOU") between the City and the Supervisory Employees Association ("Association") covering the period July 1, 2021, through June 30, 2024 ("SEA MOU 2021-24") expired June 30, 2024; and WHEREAS, the City Manager and the labor representatives of the Association met and conferred in good faith and reached a Tentative Agreement on a fair and equitable package of total compensation culminating in a successor SEA MOU for the period July 1, 2024 through June 30, 2025 ("SEA MOU 2024-25")(Exhibit A), pursuant to the Meyers-Milias-Brown Act ("MMBA") (Government Code sections 3500-3511) and the City's Personnel Rules and Regulations Resolution No. 87-30; and
WHEREAS, the members of the Association voted to ratify the SEA MOU 2024-25, and the City Manager and the labor representatives of the Association have executed same pending formal adoption and approval by the City Council; and
WHEREAS, the City Council desires now to formally approve, adopt and implement the successor SEA MOU 2024-25; and
WHEREAS, the Comprehensive Pay Schedule (Exhibit B) has been updated to reflect a four percent (4%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges WHEREAS, The Finance Department will process any adjustments to supplemental budget schedules impacted by the SEA MOU 2024-25; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

1. The recitals set forth above are true and correct and incorporated herein by this reference.

2. The successor Memorandum of Understanding between the City of Livingston and the Livingston Supervisory Employees Association, in a form approved by the City Attorney, and consistent with the terms included in the tentative agreement attached hereto as Exhibit A, for the period of July 1, 2024, through June 30, 2025, is approved, adopted, and implemented.

3. The City Manager is hereby authorized and directed to implement the provisions of the SEA MOU 2023-24 for the period July 1, 2024 - June 30, 2025, including the resulting changes to employee compensation and benefits.

4. The revised and updated Comprehensive Pay Schedule as shown in Exhibit B attached hereto and incorporated by this reference is approved, adopted, and implemented.

5. This resolution is effective immediately upon adoption.

6. The Finance Department is authorized to make the necessary supplemental appropriations to the FY2024/2025 budget.

I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by the City council of the City of Livingston at a meeting thereof duly held on the 4th day of February 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
Jose Moran, Mayor
of the City of Livingston

[I]

CITY OF LIVINGSTON

PROPOSED TERMS AND CONDITIONS

OF EMPLOYMENT FOR

SUPERVISORY EMPLOYEES ASSOCIATION
July 1, 2024 – June 30, 2025
Deleted: 1
Deleted: 4

[II]

TABLE OF CONTENTS

SECTION TITLE PAGE
1 Recognition 6

1.1 Employee Recognition 6

1.2 Association Recognition 6

1.3 Dues Deduction 6
2 City Rights 6
3 Employee Responsibilities 6
4 Employee Rights/Official 7
Representation

4.1 No Discrimination 7

4.2 Access to Personnel Files 7

4.3 Communication with Employees 7

4.4 Official Representation 7

4.5 Advance Notice 7

4.6 Employee Classification 7
Inclusion/Exclusion
5 Conflict of Memorandum 7
and Resolution
6 Salary Plan 8

6.1 Salary Plan Administration 8

6.2 Salary Plan Administration, 8
Advancement Within Salary Range

6.3 Salary Plan Administration, Salary Step After 8
Promotion/Demotion

6.4 Temporary Upgrading 8

6.5 Salary Plan, Pay Periods 8

6.6 Increases During Term of this MOU 8

[III]

6.7 Salary Schedule Adjustments 8
7 Probation Period 9
8 Seniority 9
9 Transfer and Promotion Lists 9

9.1 Transfer 9

9.2 Promotion 9

9.3 Time Off for Examination 9
10 Evaluations and Job Descriptions 9

10.1 Evaluations 9

10.2 Job Descriptions 9
11 Layoffs and Outside Employment 9

11.1 Layoff 9

11.2 Order of Layoff 9

11.3 Notice of Layoff 9

11.4 Recall 9

11.5 Outside Employment 10

11.6 Resignation 10

11.7 Reinstatement 10
12 Hours of Work, Overtime, 10
Premium Pay

12.1 Work Schedule 10

12.2 Hours of Work 10

12.3 Court/Stand-by 10

12.4 Breaks 11

12.5 Attendance 11

12.6 Trainings/Information Meetings/Court Pay 11

12.7 Mileage Allowance 11

12.8 Clothing Allowance 11

[IV]

12.9 Overtime/CTO 12
13 Incentive Pay 12

13.1 Education Incentive 12

13.2 Deferred Compensation 12

13.3 Computer Purchase Program 12
14 Bilingual Pay Incentive 12
15 Holidays 13

15.1 Holiday Pay 13

15.2 Recognized Holidays 13

15.3 Holidays During Vacation 13
16 Vacation 14

16.1 Vacation Leave 14

16.2 Vacation Allowance 14

16.3 Scheduling/Police Employees 14

16.4 Pay Upon Termination 15

16.5 Accrual 15

16.6 Longevity Incentive 15

16.7 Seniority 15
17 Leave Provisions 15

17.1 Sick Leave 15

17.2 Industrial Disability Leave 16

17.3 Limited Duty 16

17.4 Funeral Leave 17

17.5 Leave of Absence 17

17.6 Maternity Leave 17

17.7 Military Leave 18

17.8 State Disability Insurance 18
18 Health and Welfare Plans 18

18.1 Medical-Dental-Life Insurance 18

[V]

18.2 Medical Examinations 19

18.3 Retirement 19

18.4 Post Retirement Benefits 20

18.5 False Arrest Insurance/Police Supervisory Employees 21

18.6 Long-Term Disability Insurance 21

18.7 American with Disability Act 21
19 Safety 21

19.1 Observance of Safety Rules and 21
Regulations/Public Service Employees

19.2 Safety Equipment 22
20 Discipline and Discharge 22
21 Grievance Procedure 22
22 Modification of Agreement 23
23 New Work 23
24 Past Practices and Existing Memoranda of Understanding 23 25 Resolution of Impasse 23
26 Separability of Provisions 23
27 Term of Memorandum 24
28 Signature Page 25

[6]
SECTION 1. RECOGNITION

1.1 Employee Recognition
It is recognized that within the various departments of the City, there are employees that are classified as Supervisory Employees. It is further recognized that due to the diversity of the job descriptions within the Supervisory classifications, the employees who are presently labeled as Supervisory need further descriptive terminology, so that they shall be classified appropriately.

The classification of the Supervisory Employees shall include the following:

Police Captain
Police Lieutenant
Police Sergeant

1.2 Association Recognition
It is understood that within Supervisory classifications there are employees who have the intent of forming a recognized Employee Association pursuant to the City's Personnel Rules and Regulations. It is further understood that said employees shall comply to the above named Rules and Regulations. The procedure shall not be started until mutual agreement is established on the terms of this contract and both the City and the Supervisory employees, or their representative, have signed this document.

1.3 Dues Deduction
The Association may have the regular dues of its members within the representation unit deducted from the employees' paychecks under procedures prescribed by the City for such deductions. Dues deducted shall be made only upon signed authorization from the employee.

In the event that some form of Association security other than that provided above shall become permissive for public employees under competent enabling legislation, the parties shall then meet and confer with respect to the provisions of this subsection.

SECTION 2. CITY RIGHTS
It is understood and agreed that the City retains its powers and authority to direct, manage and control all affairs of the City to the full extent of the law. It is agreed that this Memorandum of Understanding is not in force or effect until ratified and approved by resolution adopted by the City Council of the City of Livingston.

SECTION 3. EMPLOYEE RESPONSIBILITIES
The employer-employee relationship creates mutual responsibilities. Reasonable rules and regulations are necessary to the proper functioning of any city. Observance of all rules, regulations and this Memorandum is essential.

[7]
SECTION 4. EMPLOYEE RIGHTS/OFFICIAL REPRESENTATION

4.1 No Discrimination
The City agrees not to discriminate against any employee because of membership in the Association. The Association agrees not to discriminate against any employee for nonmembership in the Association. Association activities shall not interfere with the normal operation of the City. See Section 4.1 of Personnel Rules and Regulations.

4.2 Access to Personnel Files
An employee or an employee's representative both upon written authorization from the employee shall have access to the employee's personnel file. Nothing shall be placed in an employee's personnel file until he/she has seen it.

4.3 Communication with Employees
The Association shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Association business.

4.4 Official Representation
The Association shall be entitled to two representatives for the employees, who shall restrict their activities to the handling of grievances, and shall be allowed a reasonable amount of time for this purpose. The City Manager will be notified in writing of the names of the persons so designated.

4.5 Advance Notice
The Association shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer with the City Manager prior to adoption.

4.6 Employee Classification Inclusion/Exclusion
It is recognized that the employees that are within the Supervisory categories have different job classifications and functions. It is further recognized that each employee in his/her classification must comply with his/her assigned department rules, regulations and needs and, therefore, all items regulatory as well as beneficiary, do not and should not affect all employees the same. Because of the diversity, whenever there is a need to show separation of classification for proper and fair employee rights, the section in question shall show the classification inclusion or exclusion within the section.

SECTION 5. CONFLICT OF MEMORANDUM AND RESOLUTION
It is understood and agreed that there exists within the City, Personnel Rules and Regulations.

[8]
SECTION 6. SALARY PLAN

6.1 Salary Plan Administration - See Section 3 of Personnel Rules and Regulations.

6.2 Salary Plan Administration, Advancement Within Salary Range See Section 3 of Personnel Rules and Regulations.

6.3 Salary Plan Administration, Salary Step After Promotion/Demotion See Section 3 of Personnel Rules and Regulations.

6.4 Temporary Upgrading
An employee assigned by the City Manager or his/her designee to perform the duties of a higher-paid classification shall receive an increase of five percent (5%) on the first day such duties began.

6.5 Salary Plan, Pay Periods
See Section 3.3 of Personnel Rules and Regulations.

6.6 Increases During Term of this Memorandum of Understanding Effective retroactively to July 1, 2024 and within a reasonable period after City Council approval of this successor MOU, the City shall provide a four percent (4%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges
If another represented bargaining unit receives a higher percentage base pay increase for FY 2024-25 to their pay ranges published by the City during the term of this MOU, then the City will provide the difference in base pay increase to the Association represented employees starting from the date the other represented bargaining unit receives their higher base pay increase

6.7 Salary Schedule Adjustments
A) There will be a minimum of 5% increase from Police Corporal, pay Step E to Police Sergeant pay Step A.

B) There will be a minimum of 5% increase from Police Corporal with Degree, pay Step E to Police Sergeant with Degree, pay Step A.

C) There will be a minimum of 5% pay increase from Police Sergeant with Degree, pay Step E to Police Captain, pay step A.

Deleted: There were no Cost of Living Adjustments (COLA) requested during this negotiation period.…
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Deleted: ¶
American Rescue Plan (ARP) Funds: City shall issue each eligible member of the Livingston Police Supervisory unit a stipend totaling $6,000 as allowed per the ARP Guidelines for hazard pay during the COVID-19 pandemic. The stipend will be issued in two $3,000 payments. The first $3,000 stipend will be paid on the first pay period of December 2021 and the second $3,000 stipend will be issued on the first pay period following the receipt of the second ARP allocation. ¶
Deleted: ¶
•-
•-
====-=---=---=----=----=-----=----=-----=-----=-----=--~ ~ r=---= =======-=-=---=---=---=--=--=--~ 1?--__ -======-1
==============~~ ~========
\ \' I ,r-----======-1

[9]
SECTION 7. PROBATION PERIOD
Probationary period for eligible members in the Supervisory’s Unit shall consist of twelve (12) months.

SECTION 8. SENIORITY
For eligible members of the Supervisory’s Unit, seniority shall be based on “time in rank”.

SECTION 9. TRANSFER AND PROMOTION LISTS

9.1 Transfer - See Section 3.10 of Personnel Rules and Regulations.

9.2 Promotion - See Sections 5.3 and 5.4 of Personnel Rules and Regulations.

9.3 Time Off for Examination
Promotional examinations scheduled by the City during an employee's regular working hours may be taken without any loss in compensation.

SECTION 10. EVALUATIONS AND JOB DESCRIPTIONS

10.1 Evaluations - See Section 8.1 of Personnel Rules and Regulations.

10.2 Job Descriptions
The City will meet and confer with the Unit in order to develop job descriptions to the classifications in this Unit if there are significant changes.

SECTION 11. LAYOFFS AND OUTSIDE EMPLOYMENT

11.1 Layoff
When it becomes necessary to reduce the City's work force, employees shall be "laid off" on the basis of their seniority within the classification. See Section 6.1 of Personnel Rules and Regulations.

11.2 Order of Layoff - See Section 6.1 of Personnel Rules and Regulations.

11.3 Notice of Layoff
Before an employee is laid off, the employee and the Association shall be notified in writing of such contemplated layoff at least thirty (30) working days prior to the effective date of the layoff.

11.4 Recall - See Section 6.2 of Personnel Rules and Regulations.

Deleted: Adjustments are retroactive to the effective day of the agreement, July 1, 2021.¶
~

[10]

11.5 Outside Employment - See Section 14.1 of Personnel Rules and Regulations.

Off-duty employment will be approved subject to:

A. An absence of interference with the full and efficient performance of duty at all times.

B. The absence of a demonstrative conflict of interest between outside employment and City employment.

C. Outside employment must be covered under State Workers' Compensation Insurance or a comparable insurance policy covering industrial accidents and injuries, said coverage to be approved by the City Manager.

D. Outside employment will not create any liability against the City of Livingston.

11.6 Resignation - See Section 7.1 of Personnel Rules and Regulations.

11.7 Reinstatement
A permanent employee who has resigned in good standing may be allowed to reapply for a vacant position, but will be required to participate in oral interview process if there is one.

SECTION 12. HOURS OF WORK, OVERTIME, PREMIUM PAY

12.1 Work Schedule
Based on department’s needs, all members will be assigned to a 4/10 work schedule based on a 4 days on and 3 days off work plan. The Department will make every effort to implement the designated schedule change on the first of the month. Based on a biannual six month rotation, shift change will occur on the following dates: March 1 st
and September 1st of each year.

12.2 Hours of Work
Hours of work shall be determined by the employee's Department Head according to the work load and the requirements of the employee's assigned department. All employees shall be scheduled to work on a regular work day and each work day shall have a regular starting and quitting time. The work week shall consist of 40 hours in any seven (7) day period, unless the employee's classification within his/her department necessitates the employee working a special shift.

12.3 Court-Stand-By
Association members will receive (2) hours of overtime or Compensatory Time Off, when requested for court stand-by status. Association members will receive a minimum of (3) hours over time or Compensatory Time Off, when appearing in court.

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12.4 Breaks
Employees are entitled to two fifteen (15) minute breaks per work day. The breaks may be taken during the first four hours and second four hours of the work day. In addition, each employee is entitled to one (1) hour lunch break during his/her work day.

12.5 Attendance
Employees shall be required to contact their Department Head or his/her designee sixty (60) minutes in advance of being late and explain the reason for the tardiness and what time he/she expects to arrive. If an employee is to be absent, he/she must call or discuss the reason beforehand with the Department Head. The employee is responsible for being ready for his/her assigned duty at the start of his/her shift and continue through the shift to the quitting time of the shift in the same state.

12.6 Training/Informational Meetings/Court Pay
Members of the Livingston Supervisory Employees Unit will be allowed one (1) POST approved training of their choice each year for professional development, based upon available coverage under patrol. On July 1, 2022 and 2023, City will review the training log for the Supervisory unit. If training has not been provided to employees, the employee will receive a $500 stipend.

Necessary training and/or informational meetings may be scheduled by the employee's Department Head. The meetings are to ensure all employees obtain necessary knowledge so that he/she may fulfill the needs of his/her position. At the discretion of the Department Head, the meetings may be reimbursable by allowing Compensatory Time Off exchanged at the same rate of time spent at the meeting.

Employees required to attend Court as a witness arising out of and in the course of his/her employment during his/her normal working hours shall be deemed to be on duty. All time spent in Court pursuant to this section that is in excess of the employee's normal working time shall be reimbursed at the rate described in Section 12.2.

12.7 Mileage Allowance
An employee who is required to provide transportation for the performance of his/her job shall be compensated at a rate set by the City Council for all City employees. An exception to this would be if an employee attended a work oriented function that was reimbursable at a higher rate under another authority. An example of the above would be POST reimbursable conferences and training schools. Mileage allowance would not be reimbursable at any rate unless prior approval was given to the employee by his/her Department Head.

12.8 Clothing Allowance
Association members will receive $500 per year in uniform allowance to be paid quarterly. When an Association member is required to wear the "Class B" uniform the Commented [VP1]: Minor cosmetic edit – changed from:
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City will pay for sixteen (16) cleanings per quarter. A "cleaning" is defined as the cleaning of one set of shirt and pants. Cleaning of coats, sweaters, hats, etc. are defined as separate cleanings applied against an employee's quarterly cleaning allowance.

12.9 Overtime/CTO
Association members agree to eliminate Administrative Leave in exchange for Compensatory Time off (CTO) or overtime pay. Association members will be allowed to accumulate a maximum of 80 hours of CTO earned at a rate of 1.5 times actual overtime worked. Hours worked in excess of the 80 hours will be paid at a rate of 1.5 times actual overtime worked.

SECTION 13. INCENTIVE PAY

13.1 Education Incentive:

Full-time Supervisory Employees are urged to continue their in service formal education.

Upon the recommendation of the employee's Department Head, the City Manager may authorize City reimbursement of 50% of the cost of such education if the education and training is job related in the discretion of the City Manager. Cost of education shall only include tuition, books and supplies, not to exceed $300 expense to the City per year.

Members of this bargaining group shall receive a 5% salary adjustment upon completion of an Associate of Arts Degree.

Association member who obtain either an Intermediate or Advanced Certification from POST shall receive a 5% increase in salary. This salary increase shall not be in addition to salary adjustments associated with obtaining college degrees.

13.2 Deferred Compensation:

Association members with five (5) years continued service as of April 1, 1998, shall be eligible to receive up to $100.00 per month in deferred compensation provided by the City as a match to the level of deferred compensation contribution provided by individual Association members. City match is limited to one year.

13.3 Computer Purchase:

The City will implement an interest free loan to assist Association members with the purchase of personal computers and software as approved by the City.

13.4 Captain Pay In-Lieu:

As a budget balancing strategy, the City has opted to keep the Captain’s position frozen (vacant) for Fiscal Year 2021/22. Duties from the vacant Captain position has been absorbed by the Police Chief and Sergeants. Starting July 1, 2021, the Sergeants will receive a $3,000 stipend to recognize the additional duties assigned. During the term of this agreement, eligible employees in this unit will continue to receive the $3,000 stipend, on the first pay period of the Fiscal Year, each year the Captain’s position is held unfunded (not budgeted to be filled during the fiscal year).

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SECTION 14. BILINGUAL PAY INCENTIVE
Based on Department’s needs and upon Department Head or designee’s approval, the City will pay $650 per year, payable quarterly ($75per quarter) for bilingual skills. A test will be developed to determine the qualifications and will be mutually agreed upon by the City and the Supervisory Employees Association. If a recipient of the Bilingual Pay Incentive refuses to translate, bilingual pay will be terminated immediately.

SECTION 15. HOLIDAYS

15.1 Holiday Pay
Association members in lieu of observing holidays will be compensated per holiday, currently there are 12 official holidays. Association members will be compensated at straight time for each holiday, not to exceed eight (8) hours for any one-day. By August 1 of each calendar year, members will receive a separate check for the total number of hours represented by the total number of holidays. (12 holidays x 8 hours = 96 hours).

Should a member leave the City’s employ during the year, the members final paycheck will reflect a reimbursement to the City for those holidays that have not yet been reached.

15.2 Recognized Holidays
If a holiday falls on a Sunday, the following Monday shall be observed and when a holiday falls on a Saturday, the preceding Friday shall be observed.

A. Day Before New Year's Day
B. New Year's Day - January 1st
C. Martin Luther King, Jr.’s Birthday – January 18th
D. President’s Day - Third Monday in February
E. Memorial Day - Last Monday in May
F. Independence Day - July 4th
G. Labor Day - First Monday in September
H. Veterans' Day - November 11th
I. Thanksgiving Day - Fourth Thursday in November
J. Day After Thanksgiving
K. Day Before Christmas Day:

L. Christmas Day - December 25th
M. Two (2) Floating Holidays

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15.3 *Holidays During Vacation
In the event any of the holidays specified in Subsection 15.2 occur while an employee is on vacation, the holiday shall not be charged to vacation. * Some employees of this Unit may work the 6 & 3 schedule and will receive compensation for all authorized holidays as a normal part of the work schedule.

SECTION 16. VACATION

16.1 Vacation Leave
Notwithstanding the foregoing, employees who have accrued 240 hours of vacation, but are unable to take vacation because of the staffing needs of the Department, will have one year to use vacation hours over 240. If, at the end of that year, said employees are still unable to take vacation due to staffing needs, City will pay off all hours in excess of 240.

If the employee makes no effort to take vacation during the year following his or her accumulation of 240 hours, and is unable to justify the failure to request vacation, the employee may lose said hours in excess of 240, at the discretion of the City Manager, said discretion not to be exercised arbitrarily. If any employee fails to utilize vacation hours over 240 within two years of his accumulation of 240 hours, he or she may lose the right to accumulate additional hours until he or she has reduced the vacation balance to 240, unless said failure to use vacation hours was due to the Department's refusal to allow said use.

16.2 Vacation Allowance
Vacation shall vest upon the first day of employment. Thereafter, in accordance with the following schedule:

Length of Service Vacation Earned
1 - 2 years 80 Hours
3 - 4 years 120 Hours
5-14 years 160 Hours
15 year on 200 Hours
Employee will have the option to sell back up to 80 hours total of unused vacation either in December or June annually.

16.3 Scheduling/Police Employees
The Supervisory employee shall request in writing his preferred dates of vacation at least three (3) months in advance to the Chief of Police or his designee Command Officer.

The times during the year at which time an employee may take his/her vacation shall be determined by the Chief of Police with the regards of the City. If the requirements of the City are such that an employee cannot take part or all of his/her vacation in a particular calendar year, such vacation shall be taken during the following calendar year or paid for at the discretion of the Chief of Police.

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16.4 Pay Upon Termination
An employee shall be paid for any unused vacation time on the termination of his/her employment. The employee shall be paid at the rate of pay in effect at the time of his/her termination.

16.5 Accrual
Employees may accrue a maximum of 240 hours of vacation allowance. Employees will not receive any compensation for vacation hours in excess of 240 hours unless employee has requested and has been refused a vacation 30 days prior to exceeding 240 hours accumulated vacation. If the employee has been refused a vacation, he/she must schedule a vacation as soon as working conditions will allow.

16.6 Longevity Incentive
Employees shall be eligible for additional weeks of vacation based on longevity. The time shown shall be for one additional week in each of the mentioned years only:
10th yr = 1 week of vacation for that year
20th yr = 1 week of vacation for that year
25th yr = 1 week of vacation for that year
30th yr = 1 week of vacation for that year

16.7 Seniority
In the selection of vacation time, preference shall be given to senior employees where vacation requests of employees conflict.

SECTION 17. LEAVE PROVISIONS

17.1 Sick Leave
Sick leave accumulation shall commence the first day of employment at a rate of one day per month. The taking of sick leave shall commence upon the completion of one month of employment. Sick leave may be accumulated without limit. Sick leave shall be paid at time of retirement at 100 to a maximum of 1560 hours. Any additional hours will be credited toward retirement.

When absence is for more than three (3) working days, the employee shall file a physician's certificate or personal affidavit with the immediate supervisor stating the cause and reason for the absence. The City may request a physician's verification of illness before paying any sick leave.

Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year.

An employee shall be able to use sick leave with pay when illness of a member of the employee's immediate household necessitates such absence. Some verification of personal sick leave is required. If an employee is absent on paid sick leave and a holiday occurs during such absence, the employee shall receive holiday pay for such

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holiday and such pay shall not be charged against the employee's sick leave credit.

In the event an employee terminates employment with the City, fifty percent (50%) of unused sick leave shall be paid upon termination of employment.

The maximum accrual of sick leave for any employee will be 1560 hours, for purposes of cashing out only. An employee may accumulate sick leave hours in addition to 1560, for purposes of using said hours in the event of illness, but in no event will the City be responsible for cashing out an employee for hours in addition to 1560. Sick leave accumulated in excess of 1560 hours may be utilized for retirement credit. In the event that Workers' Compensation payments cover all or part of the period during which sick leave is paid, the sum of the two shall not exceed the sick leave benefit payable for said period, and the unused portion of accumulated sick leave will continue to be credited to the employee.

17.2 Industrial Disability Leave
Any permanent employee of the City who has suffered any disability arising out of and in the course of employment, as defined by the Workers' Compensation Laws of the State of California, shall be entitled to disability leave while so disabled without a loss of compensation for the period of such disability to a maximum of sixty (60) days.

Such disability leave with pay shall be renewable in sixty (60) day increments by the City Manager for a period of one (1) year, subject to examination confirmation of the continuing disability by a physician selected by the City every sixty (60) days.

During the period the employee is paid by the City, the employee shall assign or endorse to the City any benefits received as a result of Workers' Compensation Insurance coverage. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers' Compensation.

The benefits of Sick Leave and Disability Leave shall be mutually exclusive at any one time, and no Disability Leave may be used for the purposes specified under Subsection

16.1, Sick Leave, and no sick leave benefits may be used for the purposes specified under this Subsection 16.2, Disability Leave.

Employees shall accrue vacation credit during an Industrial Disability Leave which does not exceed thirty (30) days of absence. Employees shall not accrue vacation credit after they have been on Industrial Disability Leave for a total of thirty (30) days in one (1) year, unless the disability is incurred pursuant to the employee's job performance.

17.3 Limited Duty
Upon the advice of his/her physician, an employee may request and may be granted transfer to less strenuous or hazardous duties within their classification which the employee is qualified to perform for a period not to exceed one (1) year for non-work related injuries or illnesses, or in the case of work related injuries or illnesses, for the full recovery or rehabilitation period.

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17.4 Funeral Leave
Employee shall be allowed a leave of absence with full pay for up to 40 hours (5) work days due to the death of a member of employee’s immediate family. For purposes of this provision, immediate family shall include spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, step-sibling, father-in-law, mother-in-law, sister-in-law, brother-inlaw, son-in-law or daughter-in-law of the eligible employee. Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager of his/her designee. Time off for funeral or bereavement leave must be taken within time of service of the immediate family member.

17.5 Leave of Absence
Upon written request a leave of absence without pay may be granted to any permanent employee for a period not to exceed six (6) months for the following reasons:

1. Illness or disability not covered by sick leave.

2. Education or training which will benefit the employee, but that which is not paid by the employer.

3. Personal reasons: In the event of unusual or special circumstances, a leave of absence may be extended (not to exceed a total of 12 months) if recommended by the Department Head and approved by the City Manager.

A request for leave of absence without pay shall be made in writing to the Department Head stating the reasons for such request. For leaves of absences in excess of five (5) days, the Department Head shall submit the request with their recommendation to the City Manager.

All accumulated leave time shall be exhausted prior to having been granted a leave of absence without pay. Any employee who does not return to work on the subsequent work day after the date of expiration, shall be considered terminated.

The employee, while on authorized leave of absence, will not be eligible for accruing vacation and /or holidays.

17.6 Maternity Leave
A pregnant employee holding a permanent position shall be entitled to a leave of absence for up to one hundred twenty (120) days. This leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position.

Upon the advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is qualified to perform. However, nothing herein shall result in the displacement or transfer

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of other employees in permanent positions or the performance of unnecessary work.

Where it is the opinion of the Department Head that the employee should be placed on leave sooner than prescribed by her physician due to her inability to effectively or safely perform the duties of her regular position or of one to which she has been, or could otherwise be, temporarily transferred, the employee may be required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the City Manager.

During the first six (6) weeks of any such leave, the employee shall be entitled to utilize accrued sick leave benefits on the same basis as other employees who are temporarily disabled due to a non-industrial illness or injury.

After the first six (6) weeks of such leave, the employee shall be entitled to utilize accrued vacation. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. Upon expiration of the approved leave, the employee shall be reinstated to her former position. Prior to the employee being reinstated, the Department Head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position.

An employee may, based upon medical factors, request that her leave be extended beyond one hundred twenty (120) days and shall submit a supporting statement from her physician. The Department Head, with the approval of the appointing authority, may extend the leave for up to an additional thirty (30) days.

17.7 Military Leave
Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the City Manager an opportunity within the limits of military regulations to determine when such leave shall be taken.

17.8 State Disability Insurance
Employee shall pay full premium for State Disability Insurance.

SECTION 18. HEALTH AND WELFARE PLANS

18.1 Medical-Dental-Long Term Disability and Life Insurance Effective February 1, 2006, for those employees known as the Livingston Police Officers Association, the City of Livingston will pay all premiums associated with the cost of providing dental, vision, long term disability and life insurance for full-time employees and their eligible dependents.

Also effective February 1, 2006, the City of Livingston will assume full control over the benefit plans offered to the employees, including the selection and retention of any and all agencies involved in providing and maintaining medical, dental, vision, long term disability and life insurance benefits. The City agrees to continue to provide

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comparable or better benefit plans for the employees as long as the financial condition of the City is such that it can afford to cover the cost of providing the benefits.

All employees covered by this Agreement shall be covered by a $100,000.00 life insurance plan with premiums to be paid by the City.

Effective July 1, 2015, the City of Livingston shall contribute the following amounts monthly toward the total premium for medical plans; the employee is responsible for the balance of the premium cost, if any.

City Monthly Contribution Cap:

July 1, 2015 July 1, 2016

PPO EPO PPO EPO
Employee Only $ 506.98 $ 575.16 $ 531.98 $ 600.16
Employee + One $1013.96 $1150.31 $1063.96 $1200.31
Family $1318.17 $1495.41 $1393.17 $1570.41
July 1, 2017 Jan. 1, 2018

PPO EPO PPO EPO
Employee Only $ 556.98 $ 625.16 $ 581.98 $ 650.16
Employee + One $1113.96 $1250.31 $1163.96 $1300.31
Family $1468.17 $1645.41 $1543.17 $1720.41
Bargaining unit members who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive $400 per month, or must be used in a deferred compensation plan of the employee’s choice. Any Federal/State laws/policies/guidelines conflicting with this incentive program should supersede this section of the MOU and incentive may be subject to termination.

18.2 Medical Examinations
The City, at its option, may require a physical examination of each employee upon his/her entry into employment and of each employee at least once a year during the term of this agreement. Annual physical examinations shall be the same for all employees.

Any expense in connection with the physical examination will be borne by the City.

However, this is not to be considered as meaning that the City will pay for the treatment of any physical ailments which may be discovered by such examination. Examinations must be conducted at a location chosen by the City.

18.3 Retirement – Classic Members
The City will pay the cost of the employees’ 7% contribution to PERS. The 7% employee contribution made in behalf of the employee by the City will remain in the

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employee’s account. The employee may remove the contribution made in his/her behalf by the City at such time as the employee terminates from PERS or retires.

However, the portion of the employee’s contribution made by the City in behalf of the employee will be taxable in the year they are removed from PERS. The City will notify each employee annually of the amount deposited in his or her behalf during the previous twelve (12) months.

The City of Livingston shall amend the City’s contract with the Public Employees’ Retirement System (PERS) to provide the following additional benefit as provided by Section 20042 of the Government Code:

The period for determining the average monthly pay rate when calculating retirement benefits will change from the 36 highest paid consecutive months to the 12 highest paid consecutive months. (Applicable only to members retiring or whose death occurs after the effective date of the contract amendment.)
Effective upon execution of this agreement Livingston Police Supervisory Unit, Classic members will pay one percent (1%) of the Employee contribution to PERS for a total of 5%.

Effective July 1, 2019; Livingston Police Supervisory Unit Classic members will pay an additional one percent (1%) of the Employee contribution to PERS for a total of 6%.

Effective July 1, 2020; Livingston Police Supervisory Unit Classic members will pay an additional one percent (1%) of the Employee contribution to PERS for a total of 7%.

Retirement: - New Members
All employees hired on or after January 1, 2013, who are considered “new members” under the Public Employees Pension Reform Act (PEPRA) will be provided a CalPERS benefit formula of 2% at 62 for Miscellaneous and 2% at 57 for Safety.

In addition, “new members” shall be subject to the contribution requirements in Section 7522.30(a) and (c) of the PEPRA. Accordingly, “new members” shall pay 50% of the normal costs of their pension benefit and the City shall not pay any of the required employee contribution for “new members.”

18.4 Post Retirement Benefits
For all employees employed by the City as of July 1, 1989 only who retire from the City's employment under the Public Employees' Retirement System currently in effect other than disability retirement, the City will continue to pay the premiums for health and dental care coverage in an amount equal to the amount paid if the employee was still employed by the City.

In disability cases, dependent medical and dental coverage will continue until death of the

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retired employee or until dependents no longer are qualified as dependents under the current medical and dental plan.

18.5 False Arrest Insurance/Police Supervisory Employees The City will provide the Police Supervisory Employees with False Arrest Insurance in conjunction with the City's General Liability policies.

18.6 Long-Term Disability
City will provide each employee covered under this Memorandum of Understanding with Long-Term Disability coverage at the City's expense.

18.7 American with Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act and because these accommodations must be determined on an individual, case-bycase basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

Supervisory employees recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Supervisory employees will be notified of these proposed accommodations prior to implementation by the City.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

Prior to disregarding any provisions of the Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide Supervisory employees with written notice of it intent to disregard the provision, and will allow Supervisory employees the opportunity to discuss options to disregarding the Agreement. However, as the City has a legal obligation to undertake required accommodations, such action shall not be subject to bargaining with the Supervisory employees.

SECTION 19. SAFETY

19.1 Observance of Safety Rules and Regulations/Public Service Employees Both the City and the Association shall expend every effort to ensure that work is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations.

Each employee covered by this Memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted.

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Employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of, or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.

An employee may refuse a dangerous work assignment if one or all of the following conditions exist and he/she immediately notifies his/her supervisor of the condition(s):

1. He/she has a reasonable belief, based on what he/she knows at the time, that there is a real imminent danger of death or serious physical injury. If he/she has good reasons that other reasonable people would recognize, he/she may refuse the task even if it is later found that there was no imminent danger.

2. If he/she has asked his/her employer to eliminate the danger and the employer has failed to do so.

3. The danger is so imminent that it cannot be eliminated quickly enough through normal OSHA enforcement procedures.

19.2 Safety Equipment
Protective clothing or any type of protective device required in employee's work will be furnished to the employee by the City at no cost to the employee. All employees shall use City supplied safety equipment only for the purpose and use specified under applicable safety rules and regulations. All special Police equipment required for use by employees as determined by the Chief of Police will be furnished without charge.

Each employee will be responsible for proper care of such equipment and will be required to replace such equipment in case of loss or negligent destruction of same.

The City agrees to purchase one (1) pair of Work Boots every two (2) years ($200 value). Reimbursement will be made upon execution of this agreement. They will be worn as needed by the employees.

SECTION 20. DISCIPLINE AND DISCHARGE
See Section 9 of Personnel Rules and Regulations.

SECTION 21. GRIEVANCE PROCEDURE
See Section 10 of Personnel Rules and Regulations.

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SECTION 22. MODIFICATION OF AGREEMENT
No changes in this Memorandum of Understanding or interpretations thereof will be recognized, unless agreed to by the City Manager and the Association unless a financial disaster results in a significant loss of revenue to the City which shall allow the City to open the contract unilaterally.

SECTION 23. NEW WORK
In the event the City introduces new work which the Association believes does not fall within any of the existing classifications, the City and the Association shall, upon written request, meet and confer with respect to the assignment or classification of such work.

SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and the Association, resolutions and ordinances which are in conflict with this agreement.

SECTION 25. RESOLUTION OF IMPASSE
See Section 11.16 of Personnel Rules and Regulations.

SECTION 26. SEPARABILITY OF PROVISIONS
Should any section, clause or provision of the Memorandum of Understanding be declared illegal and unenforceable by a final judgment of a Court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the parties agree to meet and confer immediately concerning substitute provisions for the provisions rendered, or declared illegal.

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SECTION 27 TERM OF MEMORANDUM
This executed Memorandum of Understanding has been ratified by the Supervisory Employees Association and represents a joint recommendation and tentative agreement to the City Council of the City of Livingston for its consideration and determination, and shall not be effective or in force until approved and adopted by the City Council at a public meeting through a formal resolution, and thereafter shall remain in effect for those employees employed in the classifications which comprise the Association Bargaining Unit for the period beginning July 1, 2024 and ending June 30, 2025. The City may unilaterally open this agreement in the event a financial disaster results in a significant loss of revenue to the city ninety (90) days prior to the termination of this Memorandum of Understanding, the Association will notify the City if it wishes to modify the agreement. In the event that such notice is given, negotiations shall begin as soon as possible after the notice. This agreement shall remain in full force and be effective during the periods of negotiations and until Notice of Termination of this agreement is provided to the other party.

City of Livingston - Employer Operating Engineers Local Union No. 3 of The International Union of Operating
Engineers.

By: ___________________________ By: _____________________________ Christopher Lopez, Date John Ramirez Date
Interim City Manager Association Representative
Formatted: Font: (Default) Times New Roman, 12 pt
Deleted: This Memorandum of Understanding, upon approval of the City Council, shall remain in …
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Deleted: Vanessa L. Portillo
Deleted: Date
Deleted: Interim City Manager¶
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For Operating Engineers Local Union No. 3
of the International Union of Operating Engineers, AFL-CIO ________________________________ ________________________ Tim Neep Date
Director, Public Employee Division
_________________________________ ________________________ Allen Dunbar Date
Business Representative
Deleted: ¶
________________________________ __________________
______¶
Dan Reding Date¶
Business Manager¶
¶
¶
¶
________________________________ __________________
______¶
Steve Ingersoll Date¶
President¶
¶
¶
¶
________________________________ __________________
______¶
Justin Diston Date¶
Vice-President¶
¶
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________________________________ __________________
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James K. Sullivan Date¶
Recording-Corresponding Secretary¶
Deleted: Darren Semore
Deleted: ¶
Deleted: ¶ ...

CITY OF LIVINGSTON

PROPOSED TERMS AND CONDITIONS

OF EMPLOYMENT FOR

SUPERVISORY EMPLOYEES ASSOCIATION
July 1, 2024 - June 30, 2025
{1]

TABLE OF CONTENTS

SECTION TITLE PAGE
1 Recognition 6

1.1 Employee Recognition 6

1.2 Association Recognition 6

1.3 Dues Deduction 6
2 City Rights 6
3 Employee Responsibilities 6
4 Employee Rights/Official 7
Representation

4.1 No Discrimination 7

4.2 Access to Personnel Files 7

4.3 Communication with Employees 7

4.4 Official Representation 7

4.5 Advance Notice 7

4.6 Employee Classification 7
Inclusion/Exclusion
5 Conflict of Memorandum 7
and Resolution
6 Salary Plan 8

6.1 Salary Plan Administration 8

6.2 Salary Plan Administration, 8
Advancement Within Salary Range

6.3 Salary Plan Administration, Salary Step After 8
Promotion/Demotion

6.4 Temporary Upgrading 8

6.5 Salary Plan, Pay Periods 8

6.6 Increases During Term of this MOU 8
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6.7 Salary Schedule Adjustments 8
7 Probation Period 9
8 Seniority 9
9 Transfer and Promotion Lists 9

9.1 Transfer 9

9.2 Promotion 9

9.3 Time Off for Examination 9
10 Evaluations and Job Descriptions 9
IO.I Evaluations 9

10.2 Job Descriptions 9
11 Layoffs and Outside Employment 9

11.1 Layoff 9

11.2 Order of Layoff 9

11.3 Notice of Layoff 9

11.4 Recall 9

11.5 Outside Employment 10

11.6 Resignation 10

11.7 Reinstatement 10
12 Hours of Work, Overtime, 10
Premium Pay

12.1 Work Schedule 10

12.2 Hours of Work 10

12.3 Court/Stand-by 10

12.4 Breaks 11

12.5 Attendance 11

12.6 Trainings/Information Meetings/Court Pay 11

12.7 Mileage Allowance 11

12.8 Clothing Allowance 11
[III]

12.9 Overtime/CTO 12
13 Incentive Pay 12

13.1 Education Incentive 12

13.2 Deferred Compensation 12

13.3 Computer Purchase Program 12
14 Bilingual Pay Incentive 12
15 Holidays 13

15.1 Holiday Pay 13

15.2 Recognized Holidays 13

15.3 Holidays During Vacation 13
16 Vacation 14

16.1 Vacation Leave 14

16.2 Vacation Allowance 14

16.3 Scheduling/Police Employees 14

16.4 Pay Upon Termination 15

16.5 Accrual 15

16.6 Longevity Incentive 15

16.7 Seniority 15
17 Leave Provisions 15

17.1 Sick Leave 15

17.2 Industrial Disability Leave 16

17.3 Limited Duty 16

17.4 Funeral Leave 17

17.5 Leave of Absence 17

17.6 Maternity Leave 17

17.7 Military Leave 18

17.8 State Disability Insurance 18
18 Health and Welfare Plans 18

18.1 Medical-Dental-Life Insurance 18
[IV]

18.2 Medical Examinations 19

18.3 Retirement 19

18.4 Post Retirement Benefits 20

18.5 False Arrest Insurance/Police Supervisory Employees 21

18.6 Long-Term Disability Insurance 21

18.7 American with Disability Act 21
19 Safety 21

19.1 Observance of Safety Rules and 21
Regulations/Public Service Employees

19.2 Safety Equipment 22
20 Discipline and Discharge 22
21 Grievance Procedure 22
22 Modification of Agreement 23
23 New Work 23
24 Past Practices and Existing Memoranda of Understanding 23 25 Resolution of Impasse 23
26 Separability of Provisions 23
27 Term of Memorandum 24
28 Signature Page 25
[V]

SECTION 1. RECOGNITION

1.1 Employee Recognition

1.2 It is recognized that within the various departments of the City, there are employees that are classified as Supervisory Employees. It is further recognized that due to the diversity of the job descriptions within the Supervisory classifications, the employees who are presently labeled as Supervisory need further descriptive terminology, so that they shall be classified appropriately.

The classification of the Supervisory Employees shall include the following:

Association Recognition
Police Captain
Police Lieutenant
Police Sergeant
It is understood that within Supervisory classifications there are employees who have the intent of forming a recognized Employee Association pursuant to the City's Personnel Rules and Regulations. It is further understood that said employees shall comply to the above named Rules and Regulations. The procedure shall not be started until mutual agreement is established on the terms of this contract and both the City and the Supervisory employees, or their representative, have signed this document.

1.3 Dues Deduction
The Association may have the regular dues of its members within the representation unit deducted from the employees' paychecks under procedures prescribed by the City for such deductions. Dues deducted shall be made only upon signed authorization from the employee.

In the event that some form of Association security other than that provided above shall become permissive for public employees under competent enabling legislation, the parties shall then meet and confer with respect to the provisions of this subsection.

SECTION 2. CITY RIGHTS
It is understood and agreed that the City retains its powers and authority to direct, manage and control all affairs of the City to the full extent of the law. It is agreed that this Memorandum of Understanding is not in force or effect until ratified and approved by resolution adopted by the City Council of the City of Livingston.

SECTION 3. EMPLOYEE RESPONSIBILITIES
The employer-employee relationship creates mutual responsibilities. Reasonable rules and regulations are necessary to the proper functioning of any city. Observance of all rules, regulations and this Memorandum is essential. [6)

SECTION 4. EMPLOYEE RIGHTS/OFFICIAL REPRESENTATION

4.1 No Discrimination
The City agrees not to discriminate against any employee because of membership in the Association. The Association agrees not to discriminate against any employee for nonmembership in the Association. Association activities shall not interfere with the normal operation of the City. See Section 4.1 of Personnel Rules and Regulations.

4.2 Access to Personnel Files
An employee or an employee's representative both upon written authorization from the employee shall have access to the employee's personnel file. Nothing shall be placed in an employee's personnel file until he/she has seen it.

4.3 Communication with Employees
The Association shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Association business.

4.4 Official Representation
The Association shall be entitled to two representatives for the employees, who shall restrict their activities to the handling of grievances. and shall be allowed a reasonable amount of time for this purpose. The City Manager will be notified in writing of the names of the persons so designated.

4.5 Advance Notice
The Association shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer with the City Manager prior to adoption.

4.6 Employee Classification Inclusion/Exclusion
It is recognized that the employees that are within the Supervisory categories have different job classifications and functions. It is further recognized that each employee in his/her classification must comply with his/her assigned department rules, regulations and needs and, therefore, all items regulatory as well as beneficiary, do not and should not affect all employees the same. Because of the diversity, whenever there is a need to show separation of classification for proper and fair employee rights, the section in question shall show the classification inclusion or exclusion within the section.

SECTION 5. CONFLICT OF MEMORANDUM AND RESOLUTION
It is understood and agreed that there exists within the City, Personnel Rules and Regulations.
171

SECTION 6. SALARY PLAN

6.1 6.2

6.3 6.4

6.5 6.6
Salary Plan Administration -9
See Section 3 of Personnel Rules and Regulations.

Salruy Plan Administration. Advancement Within Salary Range See Section 3 of Personnel Rules and Regulations.

Salruy Plan Administration. Salruy Step After Promotion/Demotion See Section 3 of Personnel Rules and Regulations.

Temporary Upgrading
An employee assigned by the City Manager or his/her designee to perform the duties of a higher-paid classification shall receive an increase of five percent (5%) on the first day such duties began.

Salruy Plan, Pay Periods
See Section 3 .3 of Personnel Rules and Regulations.

Increases During Term of this Memorandum of Understanding Effective retroactively to July 1, 2024 and within a reasonable period after City Council approval of this successor MOU, the City shall provide a four percent (4%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges
If another represented bargaining unit receives a higher percentage base pay increase for FY 2024-25 to their pay ranges published by the City during the term of this MOU, then the City will provide the difference in base pay increase to the Association represented employees starting from the date the other represented bargaining unit receives their higher base pay increase

6.7 Salary Schedule Adjustments
A) There will be a minimum of 5% increase from Police Corporal, pay Step E to Police Sergeant pay Step A.

B) There will be a minimum of 5% increase from Police Corporal with Degree, pay Step E to Police Sergeant with Degree, pay Step A.

C) There will be a minimum of 5% pay increase from Police Sergeant with Degree, pay Step E to Police Captain, pay step A.
(SJ

SECTION 7. PROBATION PERIOD
Probationary period for eligible members in the Supervisory,s Unit shall consist of twelve ( 12) months.

SECTION 8. SENIORITY
For eligible members of the Supervisory's Unit, seniority shall be based on "time in rank".

SECTION 9. TRANSFER AND PROMOTION LISTS
9 .1 Transfer - See Section 3 .10 of Personnel Rules and Regulations.

9.2 Promotion - See Sections 5.3 and 5.4 of Personnel Rules and Regulations. 9 .3 Time Off for Examination
Promotional examinations scheduled by the City during an employee's regular working hours may be taken without any loss in compensation.

SECTION 10. EVALUATIONS AND JOB DESCRIPTIONS

10.1 Evaluations - See Section 8.1 of Personnel Rules and Regulations. l 0.2 Job Descriptions
The City will meet and confer with the Unit in order to develop job descriptions to the classifications in this Unit if there are significant changes.

SECTION 11. LAYOFFS AND OUTSIDE EMPLOYMENT

11.1 Layoff

11.2 11.3
When it becomes necessary to reduce the City's work force, employees shall be "laid off'' on the basis of their seniority within the classification. See Section 6.1 of Personnel Rules and Regulations.

Order of Layoff -_See Section 6.1 of Personnel Rules and Regulations.

Notice of Layoff
Before an employee is laid off, the employee and the Association shall be notified in writing of such contemplated layoff at least thirty (30) working days prior to the effective date of the layoff.

11.4 Recall - See Section 6.2 of Personnel Rules and Regulations. [9]

11.5 11.6

11.7 Outside Employment - See Section 14.1 of Personnel Rules and Regulations.

Off-duty employment will be approved subject to:

A. An absence of interference with the full and efficient performance of duty at all times.

B. The absence of a demonstrative conflict of interest between outside employment and City employment.
c. Outside employment must be covered under State Workers' Compensation Insurance or a comparable insurance policy covering industrial accidents and injuries, said coverage to be approved by the City Manager.

D. Outside employment will not create any liability against the City of Livingston.

Resignation - See Section 7 .1 of Personnel Rules and Regulations.

Reinstatement
A permanent employee who has resigned in good standing may be allowed to reapply for a vacant position, but will be required to participate in oral interview process if there is one.

SECTION 12. HOURS OF WORK, OVERTIME, PREMIUM PAY

12.1 Work Schedule
Based on department's needs, all members will be assigned to a 4/10 work schedule based on a 4 days on and 3 days off work plan. The Department will make every effort to implement the designated schedule change on the first of the month. Based on a biannual six month rotation, shift change will occur on the following dates: March 1 st
and September 1st of each year.

12.2 Hours of Work

12.3 Hours of work shall be determined by the employee's Department Head according to the work load and the requirements of the employee's assigned department. All employees shall be scheduled to work on a regular work day and each work day shall have a regular starting and quitting time. The work week shall consist of 40 hours in any seven (7) day period, unless the employee's classification within his/her department necessitates the employee working a special shift.

Court-Stand-By
Association members will receive (2) hours of overtime or Compensatory Time Off, when requested for court stand-by status. Association members will receive a minimum of (3) hours over time or Compensatory Time Off, when appearing in court. [IO]

12.4 Breaks
Employees are entitled to two fifteen ( 15) minute breaks per work day. The breaks may be taken during the first four hours and second four hours of the work day. In addition, each employee is entitled to one (l) hour lunch break during his/her work day.

12.5 Attendance
Employees shall be required to contact their Department Head or his/her designee sixty (60) minutes in advance of being late and explain the reason for the tardiness and what time he/she expects to arrive. If an employee is to be absent, he/she must call or discuss the reason beforehand with the Department Head. The employee is responsible for being ready for his/her assigned duty at the start of his/her shift and continue through the shift to the quitting time of the shift in the same state.

12.6 Training/Informational Meetings/Court Pay
Members of the Livingston Supervisory Employees Unit will be allowed one (1) POST approved training of their choice each year for professional development, based upon available coverage under patrol. On July 1, 2022 and 2023, City will review the training log for the Supervisory unit. If training has not been provided to employees, the employee will receive a $500 stipend.

Necessary training and/or informational meetings may be scheduled by the employee's Department Head. The meetings are to ensure all employees obtain necessary knowledge so that he/she may fulfill the needs of his/her position. At the discretion of the Department Head, the meetings may be reimbursable by allowing Compensatory Time Off exchanged at the same rate of time spent at the meeting.

Employees required to attend Court as a witness arising out of and in the course of his/her employment during his/her normal working hours shall be deemed to be on duty. All time spent in Court pursuant to this section that is in excess of the employee's normal working time shall be reimbursed at the rate described in Section 12.2.

12.7 Mileage Allowance
An employee who is required to provide transportation for the performance of his/her job shall be compensated at a rate set by the City Council for all City employees. An exception to this would be if an employee attended a work oriented function that was reimbursable at a higher rate under another authority. An example of the above would be POST reimbursable conferences and training schools. Mileage allowance would not be reimbursable at any rate unless prior approval was given to the employee by his/her Department Head.

12.8 Clothing Allowance
Association members will receive $500 per year in uniform allowance to be paid quarterly. When an Association member is required to wear the "Class B" uniform the [ 11]

City will pay for sixteen (16) cleanings per quarter. A "cleaning" is defined as the cleaning of one set of shirt and pants. Cleaning of coats; sweaters, hats, etc. are defined as separate cleanings applied against an employee's quarterly cleaning allowance.

12.9 Overtime/CTO
Association members agree to eliminate Administrative Leave in exchange for Compensatory Time off (CTO) or overtime pay. Association members will be allowed to accumulate a maximum of 80 hours of CTO earned at a rate of 1.5 times actual overtime worked. Hours worked in excess of the 80 hours will be paid at a rate of 1.5 times actual overtime worked.

SECTION 13. INCENTIVE PAY

13.1 Education Incentive:

Full-time Supervisory Employees are urged to continue their in service formal education.

Upon the recommendation of the employee's Department Head, the City Manager may authorize City reimbursement of 50% of the cost of such education if the education and training is job related in the discretion of the City Manager. Cost of education shall only include tuitio~ books and supplies, not to exceed $300 expense to the City per year.

Members of this bargaining group shall receive a 5% salary adjustment upon completion of an Associate of Arts Degree.

Association member who obtain either an Intermediate or Advanced Certification from POST shall receive a 5% increase in salary. This salary increase shall not be in addition to salary adjustments associated with obtaining college degrees.

13.2 Deferred Compensation:

Association members with five (5) years continued service as of April 1, 1998, shall be eligible to receive up to $100.00 per month in deferred compensation provided by the City as a match to the level of deferred compensation contribution provided by individual Association members. City match is limited to one year. 13 .3 Computer Purchase:

The City will implement an interest free loan to assist Association members with the purchase of personal computers and software as approved by the City.

13.4 Captain Pay In-Lieu:

As a budget balancing strategy, the City has opted to keep the Captain's position frozen (vacant) for Fiscal Year 2021/22. Duties from the vacant Captain position has been absorbed by the Police Chief and Sergeants. Starting July 1, 2021, the Sergeants will receive a $3,000 stipend to recognize the additional duties assigned. During the term of this agreement, eligible employees in this unit will continue to receive the $3,000 stipend, on the first pay period of the Fiscal Year; each year the Captain's position is held unfunded (not budgeted to be filled during the fiscal year). [12]

SECTION 14. BILINGUAL PAY INCENTIVE
Based on Department's needs and upon Department Head or designee's approval, the City will pay $650 per year, payable quarterly ($75per quarter) for bilingual skills. A test will be developed to determine the qualifications and will be mutually agreed upon by the City and the Supervisory Employees Association. If a recipient of the Bilingual Pay Incentive refuses to translate, bilingual pay will be terminated immediately.

SECTION 15. HOLIDAYS

15. l Holiday Pay
Association members in lieu of observing holidays will be compensated per holiday, currently there are 12 official holidays. Association members will be compensated at straight time for each holiday, not to exceed eight (8) hours for any one-day. By August l of each calendar year, members will receive a separate check for the total number of hours represented by the total number of holidays. (12 holidays x 8 hours = 96 hours).

Should a member leave the City's employ during the year, the members final paycheck will reflect a reimbursement to the City for those holidays that have not yet been reached.

15.2 Recognized Holidays
If a holiday falls on a Sunday, the following Monday shall be observed and when a holiday falls on a Saturday, the preceding Friday shall be observed.

A. Day Before New Year's Day
B. New Year's Day - January I st
c. Martin Luther King, Jr. 's Birthday - January 18th
D. President's Day -Third Monday in February
E. Memorial Day - Last Monday in May
F. Independence Day - July 4th
G. Labor Day - First Monday in September
H . Veterans' Day - November 11th
I. Thanksgiving Day - Fourth Thursday in November
J . Day After Thanksgiving
K. Day Before Christmas Day:

L . Christmas Day - December 25th
M. Two (2) Floating Holidays
[13]

15.3 *Holidays During Vacation
In the event any of the holidays specified in Subsection 15.2 occur while an employee is on vacation, the holiday shall not be charged to vacation. * Some employees of this Unit may work the 6 & 3 schedule and will receive compensation for all authorized holidays as a normal part of the work schedule.

SECTION 16. VACATION

16.1 Vacation Leave
Notwithstanding the foregoing, employees who have accrued 240 hours of vacation, but are unable to take vacation because of the staffing needs of the Department, will have one year to use vacation hours over 240. If, at the end of that year, said employees are still unable to take vacation due to staffing needs, City will pay off all hours in excess of 240.

If the employee makes no effort to take vacation during the year following his or her accumulation of 240 hours, and is unable to justify the failure to request vacation, the employee may lose said hours in excess of 240, at the discretion of the City Manager, said discretion not to be exercised arbitrarily. If any employee fails to utilize vacation hours over 240 within two years of his accumulation of 240 hours, he or she may lose the right to accumulate additional hours until he or she has reduced the vacation balance to 240, unless said failure to use vacation hours was due to the Department's refusal to allow said use.

16.2 Vacation Allowance

16.3 Vacation shall vest upon the first day of employment. Thereafter, in accordance with the following schedule:

Length of Service
I - 2 years
3 - 4 years
5-14 years
15 year on
Vacation Earned
80 Hours
120 Hours
160 Hours
200 Hours
Employee will have the option to sell back up to 80 hours total of unused vacation either in December or June annually.

Scheduling/Police Employees
The Supervisory employee shall request in writing his preferred dates of vacation at least three (3) months in advance to the Chief of Police or his designee Command Officer.

The times during the year at which time an employee may take his/her vacation shall be determined by the Chief of Police with the regards of the City. If the requirements of the City are such that an employee cannot take part or all of his/her vacation in a particular calendar year, such vacation shall be taken during the following calendar year or paid for at the discretion of the Chief of Police.
(14]

16.4 16.5

16.6 Pay Upon Termination
An employee shall be paid for any unused vacation time on the termination of his/her employment. The employee shall be paid at the rate of pay in effect at the time of his/her termination.

Accrual
Employees may accrue a maximum of 240 hours of vacation allowance. Employees will not receive any compensation for vacation hours in excess of 240 hours unless employee has requested and has been refused a vacation 30 days prior to exceeding 240 hours accumulated vacation. If the employee has been refused a vacation, he/she must schedule a vacation as soon as working conditions will allow.

Longevity Incentive
Employees shall be eligible for additional weeks of vacation based on longevity. The time shown shall be for one additional week in each of the mentioned years only:
10th yr = 1 week of vacation for that year
20th yr = 1 week of vacation for that year
25th yr = 1 week of vacation for that year
3 Qth yr = 1 week of vacation for that year

16.7 Seniority
In the selection of vacation time, preference shall be given to senior employees where vacation requests of employees conflict.

SECTION 17. LEAVE PROVISIONS

17.1 Sick Leave
Sick leave accumulation shall commence the first day of employment at a rate of one day per month. The taking of sick leave shall commence upon the completion of one month of employment. Sick leave may be accumulated without limit. Sick leave shall be paid at time of retirement at 100 to a maximum of 1560 hours. Any additional hours will be credited toward retirement.

When absence is for more than three (3) working days, the employee shall file a physician's certificate or personal affidavit with the immediate supervisor stating the cause and reason for the absence. The City may request a physician's verification of illness before paying any sick leave.

Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year.

An employee shall be able to use sick leave with pay when illness of a member of the employee's immediate household necessitates such absence. Some verification of personal sick leave is required. If an employee is absent on paid sick leave and a holiday occurs during such absence, the employee shall receive holiday pay for such [ 15]

holiday and such pay shall not be charged against the employee's sick leave credit.

In the event an employee terminates employment with the City, fifty percent (50%) of unused sick leave shall be paid upon termination of employment.

The maximum accrual of sick leave for any employee will be 1560 hours, for purposes of cashing out only. An employee may accumulate sick leave hours in addition to 1560, for purposes of using said hours in the event of illness, but in no event will the City be responsible for cashing out an employee for hours in addition to 1560. Sick leave accumulated in excess of 1560 hours may be utilized for retirement credit. In the event that Workers' Compensation payments cover all or part of the period during which sick leave is paid, the sum of the two shall not exceed the sick leave benefit payable for said period, and the unused portion of accumulated sick leave will continue to be credited to the employee.
17 .2 Industrial Disability Leave

17.3 Any permanent employee of the City who has suffered any disability arising out of and in the course of employment, as defined by the Workers' Compensation Laws of the State of California, shall be entitled to disability leave while so disabled without a loss of compensation for the period of such disability to a maximum of sixty (60) days.

Such disability leave with pay shall be renewable in sixty (60) day increments by the City Manager for a period of one (1) year, subject to examination confirmation of the continuing disability by a physician selected by the City every sixty (60) days.

During the period the employee is paid by the City, the employee shall assign or endorse to the City any benefits received as a result of Workers' Compensation Insurance coverage. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers' Compensation.

The benefits of Sick Leave and Disability Leave shall be mutually exclusive at any one time, and no Disability Leave may be used for the purposes specified under Subsection

16.1, Sick Leave, and no sick leave benefits may be used for the purposes specified under this Subsection 16.2, Disability Leave.

Employees shall accrue vacation credit during an Industrial Disability Leave which does not exceed thirty (30) days of absence. Employees shall not accrue vacation credit after they have been on Industrial Disability Leave for a total of thirty (30) days in one (1) year, unless the disability is incurred pursuant to the employee's job performance.

Limited Duty
Upon the advice of his/her physician, an employee may request and may be granted transfer to less strenuous or hazardous duties within their classification which the employee is qualified to perform for a period not to exceed one (1) year for non-work related injuries or illnesses, or in the case of work related injuries or illnesses, for the full recovery or rehabilitation period.
(16]

17.4 Funeral Leave

17.5 Employee shall be allowed a leave of absence with full pay for up to 40 hours (5) work days due to the death of a member of employee's immediate family. For purposes of this provision, immediate family shall include spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, step-sibling, father-in-law, mother-in-law, sister-in-law, brother-inlaw, son-in-law or daughter-in-law of the eligible employee. Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager of his/her designee. Time off for funeral or bereavement leave must be taken within time of service of the immediate family member.

Leave of Absence
Upon written request a leave of absence without pay may be granted to any pennanent employee for a period not to exceed six ( 6) months for the following reasons:

1. Illness or disability not covered by sick leave.

2. Education or training which will benefit the employee, but that which is not paid by the employer.

3. Personal reasons: In the event of unusual or special circumstances, a leave of absence may be extended (not to exceed a total of 12 months) if recommended by the Department Head and approved by the City Manager.

A request for leave of absence without pay shall be made in writing to the Department Head stating the reasons for such request. For leaves of absences in excess of five (5) days, the Department Head shall submit the request with their recommendation to the City Manager.

All accumulated leave time shall be exhausted prior to having been granted a leave of absence without pay. Any employee who does not return to work on the subsequent work day after the date of expiration, shall be considered terminated.

The employee, while on authorized leave of absence. will not be eligible for accruing vacation and /or holidays.

17.6 Maternity Leave
A pregnant employee holding a permanent position shall be entitled to a leave of absence for up to one hundred twenty (120) days. This leave shall commence upon certification from the employee's attending physician that she is no longer capable of perfonning the duties of her position.

Upon the advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is qualified to perform. However, nothing herein shall result in the displacement or transfer (1 7)

17.7 17.8
of other employees in permanent positions or the performance of unnecessary work.

Where it is the opinion of the Department Head that the employee should be placed on leave sooner than prescribed by her physician due to her inability to effectively or safely perform the duties of her regular position or of one to which she has been, or could otherwise be, temporarily transferred, the employee may be required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the City Manager.

During the first six (6) weeks of any such leave, the employee shall be entitled to utilize accrued sick leave benefits on the same basis as other employees who are temporarily disabled due to a non-industrial illness or injury.

After the first six (6) weeks of such leave, the employee shall be entitled to utilize accrued vacation. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. Upon expiration of the approved leave, the employee shall be reinstated to her former position. Prior to the employee being reinstated, the Department Head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position.

An employee may, based upon medical factors, request that her leave be extended beyond one hundred twenty (120) days and shall submit a supporting statement from her physician. The Department Head, with the approval of the appointing authority, may extend the leave for up to an additional thirty (30) days.

Military Leave
Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the City Manager an opportunity within the limits of military regulations to determine when such leave shall be taken.

State Disability Insurance
Employee shall pay full premium for State Disability Insurance.

SECTION 18. HEALTH AND WELFARE PLANS

18.1 Medical-Dental-Long Term Disability and Life Insurance Effective February l, 2006, for those employees known as the Livingston Police Officers Association, the City of Livingston will pay all premiums associated with the cost of providing dental, vision, long term disability and life insurance for full-time employees and their eligible dependents.

Also effective February 1, 2006, the City of Livingston will assume full control over the benefit plans offered to the employees, including the selection and retention of any and all agencies involved in providing and maintaining medical, dental, vision, long term disability and life insurance benefits. The City agrees to continue to provide [18)

comparable or better benefit plans for the employees as long as the financial condition of the City is such that it can afford to cover the cost of providing the benefits.

All employees covered by this Agreement shall be covered by a $100,000.00 life insurance plan with premiums to be paid by the City.

Effective July 1, 2015, the City of Livingston shall contribute the following amounts monthly toward the total premium for medical plans; the employee is responsible for the balance of the premium cost, if any.

City Monthly Contribution Cap:

Employee Only
Employee + One
Family
Employee Only
Employee + One
Family
July 1, 2015

PPO EPO
$ 506.98 $ 575.16
$1013.96 $1150.31
$1318.17 $1495.41
July 1, 2017

PPO EPO
$ 556.98 $ 625.16
$1113.96 $1250.31
$1468.l 7 $1645.41
July 1, 2016

PPO EPO
$ 531.98 $ 600.16
$1063.96 $1200.31
$1393.17 $1570.41
Jan.1,2018

PPO EPO
$ 581.98 $ 650.16
$1163.96 $1300.31
$1543.17 $1720.41
Bargaining unit members who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive $400 per month, or must be used in a deferred compensation plan of the employee's choice. Any Federal/State laws/policies/guidelines conflicting with this incentive program should supersede this section of the MOU and incentive may be subject to termination.

18.2 Medical Examinations
The City, at its option, may require a physical examination of each employee upon his/her entry into employment and of each employee at least once a year during the term of this agreement. Annual physical examinations shall be the same for all employees.

Any expense in connection with the physical examination will be borne by the City.

However, this is not to be considered as meaning that the City will pay for the treatment of any physical ailments which may be discovered by such examination. Examinations must be conducted at a location chosen by the City.

18.3 Retirement - Classic Members
The City will pay the cost of the employees' 7% contribution to PERS. The 7% employee contribution made in behalf of the employee by the City will remain in the [ I 9)

employee's account. The employee may remove the contribution made in his/her behalf by the City at such time as the employee terminates from PERS or retires.

However, the portion of the employee's contribution made by the City in behalf of the employee will be taxable in the year they are removed from PERS. The City will notify each employee annually of the amount deposited in his or her behalf during the previous twelve (12) months.

The City of Livingston shall amend the City's contract with the Public Employees' Retirement System (PERS) to provide the following additional benefit as provided by Section 20042 of the Government Code:

The period for determining the average monthly pay rate when calculating retirement benefits will change from the 36 highest paid consecutive months to the 12 highest paid consecutive months. (Applicable only to members retiring or whose death occurs after the effective date of the contract amendment.)
Effective upon execution of this agreement Livingston Police Supervisory Unit, Classic members will pay one percent (1 % ) of the Employee contribution to PERS for a total of 5%.

Effective July 1, 2019; Livingston Police Supervisory Unit Classic members will pay an additional one percent ( 1 % ) of the Employee contribution to PERS for a total of 6%.

Effective July I, 2020; Livingston Police Supervisory Unit Classic members will pay an additional one percent (I%) of the Employee contribution to PERS for a total of 7%.

Retirement: - New Members
All employees hired on or after January I, 2013, who are considered "new members" under the Public Employees Pension Reform Act (PEPRA) will be provided a CalPERS benefit formula of 2% at 62 for Miscellaneous and 2% at 57 for Safety.

In addition, "new members" shall be subject to the contribution requirements in Section 7522.30(a) and (c) of the PEPRA. Accordingly, "new members" shall pay 50% of the normal costs of their pension benefit and the City shall not pay any of the required employee contribution for "new members."

18.4 Post Retirement Benefits
For all employees employed by the City as of July 1, 1989 only who retire from the City's employment under the Public Employees' Retirement System currently in effect other than disability retirement, the City will continue to pay the premiums for health and dental care coverage in an amount equal to the amount paid if the employee was still employed by the City.

In disability cases, dependent medical and dental coverage will continue until death of the [20]

18.5 18.6
retired employee or until dependents no longer are qualified as dependents under the current medical and dental plan.

False Arrest Insurance/Police Supervisory Employees
The City will provide the Police Supervisory Employees with False Arrest Insurance in conjunction with the City's General Liability policies.

Long-Term Disability
City will provide each employee covered under this Memorandum of Understanding with Long-Term Disability coverage at the City's expense.

18.7 American with Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act and because these accommodations must be determined on an individual, case-bycase basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

Supervisory employees recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Supervisory employees will be notified of these proposed accommodations prior to implementation by the City.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

Prior to disregarding any provisions of the Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide Supervisory employees with written notice of it intent to disregard the provision, and will allow Supervisory employees the opportunity to discuss options to disregarding the Agreement. However, as the City has a legal obligation to undertake required accommodations, such action shall not be subject to bargaining with the Supervisory employees.

SECTION 19. SAFETY
19 .1 Observance of Safety Rules and Regulations/Public Service Employees Both the City and the Association shall expend every effort to ensure that work is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations.

Each employee covered by this Memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. [2 I]

19.2 Employees further agree that they will report all accidents and safety haz.ards to the appropriate management official immediately. Any employee having knowledge of, or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.

An employee may refuse a dangerous work assignment if one or all of the following conditions exist and he/she immediately notifies his/her supervisor of the condition(s):

1. He/she has a reasonable belief, based on what he/she knows at the time, that there is a real imminent danger of death or serious physical injury. If he/she has good reasons that other reasonable people would recognize, he/she may refuse the task even if it is later found that there was no imminent danger. 2 . If he/she has asked his/her employer to eliminate the danger and the employer has failed to do so.
3 . The danger is so imminent that it cannot be eliminated quickly enough through normal OSHA enforcement procedures.

Safety Equipment
Protective clothing or any type of protective device required in employee's work will be furnished to the employee by the City at no cost to the employee. All employees shall use City supplied safety equipment only for the purpose and use specified under applicable safety rules and regulations. All special Police equipment required for use by employees as determined by the Chief of Police will be furnished without charge.

Each employee will be responsible for proper care of such equipment and will be required to replace such equipment in case of loss or negligent destruction of same.

The City agrees to purchase one (I) pair of Work Boots every two (2) years ($200 value). Reimbursement will be made upon execution of this agreement. They will be worn as needed by the employees.

SECTION 20. DISCIPLINE AND DISCHARGE
See Section 9 of Personnel Rules and Regulations.

SECTION 21. GRIEVANCE PROCEDURE
See Section 10 of Personnel Rules and Regulations.
[22]

SECTION 22. MODIFICATION OF AGREEMENT
No changes in this Memorandum of Understanding or interpretations thereof will be recognized, unless agreed to by the City Manager and the Association unless a financial disaster results in a significant loss of revenue to the City which shall allow the City to open the contract unilaterally.

SECTION 23. NEW WORK
In the event the City introduces new work which the Association believes does not fall within any of the existing classifications, the City and the Association shall, upon written request, meet and confer with respect to the assignment or classification of such work.

SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and the Association, resolutions and ordinances which are in conflict with this agreement.

SECTION 25. RESOLUTION OF IMPASSE
See Section 11.16 of Personnel Rules and Regulations.

SECTION 26. SEPARABILITY OF PROVISIONS
Should any section, clause or provision of the Memorandum of Understanding be declared illegal and unenforceable by a final judgment of a Court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the parties agree to meet and confer immediately concerning substitute provisions for the provisions rendered, or declared illegal.
[23]

SECTION 27 TERM OF MEMORANDUM
This executed Memorandum of Understanding has been ratified by the Supervisory Employees Association and represents a joint recommendation and tentative agreement to the City Council of the City of Livingston for its consideration and determination, and shall not be effective or in force until approved and adopted by the City Council at a public meeting through a formal resolution, and thereafter shall remain in effect for those employees employed in the classifications which comprise the Association Bargaining Unit for the period beginning July 1, 2024 and ending June 30, 2025. The City may unilaterally open this agreement in the event a financial disaster results in a significant loss of revenue to the city ninety (90) days prior to the termination of this Memorandum of Understanding, the Association will notify the City if it wishes to modify the agreement. In the event that such notice is given, negotiations shall begin as soon as possible after the notice. This agreement shall remain in full force and be effective during the periods of negotiations and until Notice of Termination of this agreement is provided to the other party.

City of Livingston - Employer
By:~
Christop erop,
Interim City Manager
(24)
Operating Engineers Local Union No. 3 of
The International Union of Operating
Engineers.

BJ~& Nl'/~
Jofil't-1~,.~jurez Date
Association Representative

For Operating Engineers Local Union No. 3
of the International Union of Operating Engineers, AFL-CIO TimNeep Date
Director, Public Employee Division
Allen Dunbar Date
Business Representative
[25]

EXHIBIT"B"
Aooroved bv Council on 11119/2024
CLASSFICA110N
Aecoun10erk
Auountant I
Accountant II
Accounting Technician
Administrative Analyst
Administrative Analyst PW
AdminislraliYe Asstslant
Adminislllllive Serviees Manager
Assistant P1anner
Assislant to the City Manaoer/Oeputy City Oerk
Bulding Official
Chief of Polee
City Clerk
City Council
City Manager
City Treasurer
Coo. Complianc:e ()fficar
Community Oevelopmenl Director
CommuntcatllOnslRecords Manager
Community Service Officer
Cuatodian I
Custodian II
Oirec:1or of Public W0<1<1
Executive Assistant lo lhe City Manager
Finance Or8C10</Assistanl City Manager

COMPREHENSIVE PAY SCHEDULE
Effective July 1, 2024
11an1a1ntna ,o t- A B C D E
Hautty 18.25 111.16 20.12 21U 22.11
Cltrktl Mon/hfy l,18U< 3.321.50 3.417.51 3.e81.96 3,IM5.08 AMUOlly 37.II00.08 39.351.08 41.150 80 43.1143.51 41,140.69 Holli, 29.37 3G.84 32.31 34.00 35.70
Mgmt.teonfidential -· 5.080.◄9 5.345.02 5.81227 5,1192.11 8,11753 AMue/ly 61.085.IM IM,140.24 67.347.25 70,714.61 74,250.34 Hourl• 3U9 35.69 37.48 39.35 41.32
MgmtJConfidenli&I M-.iy S,1192.38 8,117.00 8.480.35 8.112117 7.182.22 AMue/ly 70.708.55 74.2'3.INI 77.956.17 8U53.98 85.IMl.88 ..,..., 21.69 22.77 23.91 25.11 ,._.., Clerical - 3.759.05 3,947.00 4,144.35 4.351 57 4,569,14 Annuolly 45.108.58 47.313.99 49.732.18 52.211.79 54.&29.73 HN.., 25.77 27.0II 21.41 29.83 31,33
Cler1Cal - 4,487.2' 4,690.60 4Jil2S.13 5. 171.39 5.•29.80 Annually 53,608.17 58,287.22 59.101.58 82.056.85 85.159.49 Hamv 25.77 27.08 21.41 29.83 31.33
Clarical - •.411.2• 4.l~.60 •. 925.13 5.171.39 5,429.96 _,,,, 53.608.87 58,287.22 59.101.58 82.056.85 85,159.49 HoOlfv 2223 23.34 24.51 25.73 27.02
Clerical - 3.853.17 4.045.82 4.248.12 4,4&0.52 4.883.55 AM,wly 41.237 99 48.549.89 50.977.39 53.526.26 58.202 57 Houtfy 31.36 32.93 :W.51 JI.JI 31,12
MgmtJConlldenUol - . ,J!l.3 5.708.18 5.993.57 6.293.24 6.&0791 AnnUBl/y 85.231.0II 68.497.89 71,922.79 75.518.93 79.294.68 Hor,(y 24.05 25.25 26.52 27.M 29.23
UnrapnMm.d' - ,.,ea. 5 ,377 9 •"" .D 5.85 5.087.14
AMUBl/y 50.025.00 52.526.25 55.152.56 57.910.19 eo,eo5.7o MgmtJConfkftml.al Ho•_,. 44.20 48.41 48.73 5117 53.73
- 7,681.33 8,044.40 8.441.82 8, .9 9,31 . 0
Annually "1,93100 98,532'0 101.3$9_, .. 1()(1.427.41 111.748.78 Hou••• 20.56 21.58 22.87 2U1 25.00
uo ... preNnt.d -- 3.564.48 3.742.70 3,929.8◄ .126.33 ,332. 5 -- 42,773.78 .. ,.C112_,s 47,158.07 ,9,S1S_97 51.99177
Ho,_,. 64.53 6770 7115 74 71i 78 ..

UOl"IPIJ'Htnt.d .,,, ..... 11,185.19 11,745.18 12.332.44 12.949.07 13.5N.52 Annuolly 134,230.68 140,942.21 147,989.32 I 1 3,1
e1t,tod
H"'""'
100.00-· · .

Annually -
Holllt
t:lachtd - 300.00
Annually
Hourly 72.30 78.10 80.11 84.32 88.78
UnrwprwHnted Monlt>ly 12,531 18 I 13.1~.71 I t3,884.80 I 14,81S.7S I 15,385.00 ■ Annually 150.374.14-58.288 .57 168.8\t.55 175.389.00 184.820.00 Ho"1y
Elt<"d -y eo.oo
NIIIUoJly
- . 27 :za 21.56 29.111 31.41 LPOA - 4.498.47 4 ,'14111 4.150.74 5.198.28 5,45811 ~ 53.885.84 16 S19113 511.408.92 82.319.37 85.49834
Ho"1y S.\.49 5721 "4)07 13.08 eo. MarntJConndtnttll M-.iy •. ,,..sa 9.918.81 t0.412.85 10,133.28 11 . .U8.85 Annuo/ly 113.33495 119,00170 124.9S1.78 131.199.37 137.759.34 Houtt, 27.04 2839 ~.51 31.30 32.N
MgmtJConfkllnlial M-.iy 4.886.1' •.920.49 5.168.51 5.424.84 5,&ae.08 Annuolly 58.234,15 59,04~.86 61,198.15 65,098.08 68.352.98 Houri• 19.57 20.55 21.58 22.68 2379
Un,ep,111n11<1 M-.iy 3.392.92 3.582 57 3.740.89 3.92773 4,124.12 Annuelly 40.715.CM 2.75o 79 .,.188.33 7,132 75 49.489.39 - 18.84 1747 18.35 19.28 2023
AFSCMEJPubllc Wortl:s - 2.884 27 3,021.48 3.17990 3.33890 3.505.IM Annuelly 34.811 20 36.341 76 31.158.85 40.068.79 42.070. 13 Hoi,fy 1909 20.04 21.04 22.10 23.20
AFSCMl~bllc Works Montlll)' 3.308 58 3.473.98 3.847.88 3.130.07 4,021.57 Annuolly 31,702.67 '1.887.80 ,:1.112.19 45,IIB0.80 48.251.84 Hoi,fy 52.l'll 55.'3 58.20 81 It M.18
Unrwpr111nttd Monlfll, 9.149.87 9,&07.37 10.087.74 10.592.12 11.121 73 Annuelly IOll.7INl.48 115.28840 121.052.82 127.105.48 133,480.73 ,,,,..., 2807 21148 3095 3250 34.12
MgmtJConridtrn:ill - 4,688.22 5.109.53 5.385.01 5.633.20 5.9102 Annuelly 51.3114.63 61 314.31 IM.JI0.08 87.599.09 70.979.04

11...,,, 59.72 82 70 85.84 89.13 72.59
Unn,prH1nt1d M_,,,, 10.35083 10,sm,_37 11.411,79 11.911238 12.581.SO Annuotiy 124.209.80 130.420.48 131.IMl.48 143.788.50 150.977.99 F

23.211
4,037.31

41.4'7 72
2 "'"' 4,1117.60

57.571.22

32.19 5.701.41

68.417,48

32.19 5,701.46

68.417,48

28.37 4.917 72
59,012.70

Hru""' 33.21 3"-88 36.82 38 . .t5 0.37
Human Resources Coordinator MgmtJContldentilll - 5,757 1• 8,045.(M 6.3'7.30 6.116 -66 6,997 89 NIIHJeJ/y 9g_osa.22 72.540.53 78.167.56 79.975.9◄ 6U7 73 Hru""' 26.32 27.6◄ 21l.02 30. 7 31.99
Lead Maintenance Wor1c.M AFSCMEIPublk: Wo,ks - .562 27 .790.38 5,029.90 5,281 39 5.545. 6 NIIHJol/y 54.147 1• 57,484.55 60.358.78 83.378.72 tl.545 55 HN .... 26.32 27.6◄ 21l.02 30. 7 31.99
Lead Paflcsllandscape Woflcer AFSCMEJP\lblic WorU - 4,562.27 4,790.38 5,021l.•O 5,28139 5,545.46 AMuo//y 54.747 19 57.484.55 60,358.78 63,376.72 N.545.55 ....... 25.10 26.36 27,88 29.08 30.51
Maintenance Med'lanie AfSCMEIPublic Wotks - 4.351 .41 4,568.98 4,797.43 5.037.31 5,289.17 AMually 52,219.97 54.827.81 57 589.20 60.447.116 83,470.05 Ho""" 20.11 21 11 22 17 23.28 24.44
Main1enance Woflcer l AFSCMEIPublic Works M""'""' 3,'85.45 3,659.72 3,842.71 4.034.84 4,236.50 AnnlJO/Jy 41,825.39 3.918.86 48,112.50 48.418.12 ~ .839.03 Houtfy 2328 2445 25.87 26.95 28,30
Maintenance Wortcer rr AFSCMEJPubtlc Won• Monlllly ,035.53 4,237.31 4,449.17 4,871.83 4/~0S.21 Annually 48,428.37 50 7.80 53.390.07 511.059.58 58,882.55 Houttv 18.6◄ 17.47 18.35 19.26 20.23 21.2◄
Office Assistanl r C"rk•I MM/hly 2,884.27 3,028.46 3.179.9D U38.90 3.505.84 ].881.14 Annually 34,!511.20 311,341 78 311.158.85 40,086.79 42,070.13 44.173.t' H.,..., 82.27 85311 88 as 72011 75.11
i><>kJt -nant SuporvlSO<J
- 10,782 73 11.332.37 11.IN.99 12.4831M 13.111.13
Alfn""'11, 129,512.80 135.111.4• 142 787 88 9.92726 157,423.82 HN ... 311.04 39.IM 11M 44.04 ◄8 24
Police Commander aupervlaa,v - 8,593.93 6.923.83 7,269.81 7.833 30 1.014.97 1- 79,127 21 13.083.58 17,237 75 81.588.8• 911. 178.82
HN""' 3113 371M 3118◄ 4113 43.82
Police Corporal LPOA - 8,263.31 8.578.55 8,905 38 7,250.85 1.813.18 ......... 75,180.59 78,918.02 12 86◄ 55 87.007 77 91.351116 H~ 37 98 39.88 41 85 95 48 14
Police Corpon,I w/Degn,e LPOA - e.sao.22 6,90923 7,254.89 7.817.43 7,991.JO AMuaOy 78.982.85 02.910.78 87.058 32 91. 08 13 95.979 st - 21 .05 2210 23 21 24.37 25.5& Police Oispatdler LPOA - 3.6 8.30 3.130.72 4,022.25 4,223 31 4,434.53 AMuaOy 43.779.61 45,886.59 48.26702 SO.ISO 37 53,214.39 - 16.80 19.74 20 73 21 Tl 22IMI
Poke Office Aasis11n1 1, LPOA - 3.25924 3.422.20 3.59331 3,772 91 3,981.83 _.,..,, 38.110.90 41.1188.45 43,119.77 5.275 76 47.539.55 - 28.31 29.73 31.21 3278 3◄ 41
Poke Officer LPOA - 4,907 SO 5,152H U10.52 5.881 .05 5,985.10 _.,..,, 58.890.00 81 83'.SO 8026.23 11,172.54 71,581 17 - 29.7• 3123 3279 3◄.43 36.IS
Polee Officer w/Deg'" LPOA - 5,155.61 !o.•1339 5.-06 5.888.27 8,268.et -~ 81.IMl7 35 84.te0 72 81,208.78 71,819 19 75,200.IS ....... 1162 1955 2053 21 58 22.84
Polee Publoc Assialant LPOA - 3,227 79 3.31811 3,558.64 3,73657 3.923.40 Annuo#y 31.733.41i1 40670 17 42.703.67 ◄◄,83888 ◄7 080.80 ....... 17 18 1802 l&lil2 ,,_aa 20.88
Polee RIICOlds AssiSlanl LPOA
- 2.97'-40 3 12>.12 3.279.2& 3,443.24 3.t1S.40
-- 35.892~ 37,477 ◄◄ 39.35131 ., 31911 43.314.12
....... 48. 4 48 78 51.20 53 78 58.45
Polee Sergeanl Supwyttory
- 1,049.31 1,,51 IS 1,114.44 9,31818 9.784.07
- 98 592 52 101,42215 106.•93.25 111 81792 117 08.81
- 48./9 51.23 5319 58. • 59.30
Polee Sergeanl w/Oegree Supervlsory - 8,458.22 1879.03 9,32298 9,719.13 10,271.58 hn<, .... 10147485 1~548 38 111,875 11(1 117.'8959 1>3,3'3.07 H...,. 21C5 221C 23.21 2437 25.511
Pubic Servicea Olricer LPOA - 3,848 30 3,830 72 4,022.25 ,223 31 ◄,◄3' 53 Amulllly .T79 81 45 88859 4',26702 50,880 37 53,21◄ 38
Houm, 26.311 2770 29.08 30.53 32.08
Pubic W- u O(I AFSCME/Public Wotk.9 M,..,.,., 4,571.88 4.800.48 5,040.50 5,292.53 5,557 15 MOOlll/y 54.1162.59 57,805.72 80,486.00 83,510.30 86,685.82 """"" 21l.37 30.84 32.36 3'.00 35.70
Pubic WO<l<s Slreel Superviso, MorntJConfidentill Ill,..,.,. 5,091.23 5,3'5.10 5,813.09 5,893.74 8.188. 3 lmuolly 61,094.80 14.149.54 &U5702 70,724.87 74,261.12
Houm, 31.52 33.10 75 38.49 311.32
Pubic WO<l<s Supennlendent MgrntJCanRttenUal /IIMINv 5,483.98 5,737 18 6,024.04 8,325.25 l.6 1.51 lmuolly 85.567.82 88.848.21 72,288.52 75,802.9◄ 79,891.09 Ho..,, 30.75 32.29 3390 35.60 37.311
Pub~c WOBs Supervisor Water Division MgmtJConfiden1MII Moolh/y 5,321l.89 5,5116.38 5,176.20 6.170.01 6, 78 51 AnnlJO/Jy 63,958.62 67.158.55 70.5U.39 74,040.10 77.742 11 Hourfy 16.71 17.S4 18.42 19.34 20.31 21.32
Recreation Coordinator Citric.I Moolh/y 2,695.14 3.040.42 3,1924• 3.352.08 3,518.67 3,89U5 AnnlJO/Jy 3',7 67 38,485.05 36,309.31 40.224.77 42,236.01 44,3'7,81 Hourly 18.24 19.16 2011 2112 2217 23.28
Recreation ~ I Clerical 1,/onllJfy 3,18219 3,320_3D 3,486.31 3.68063 3,843.88 035.15 Annually 37,94828 39,843.60 41,'35.78 43.927.57 46 123.9◄ 48.430,14 HotJttr 25.33 26.80 2792 29.32 30,79

Recteation Superintendent Mgm1JConfld n1i.I 090.31
s2.en10
2116
SenK>r Account Clerk CltttUI 3,688.37
4<1.020.<14

48.99 S8f'IK>r Accountant MgmtJConf,_Plt .. l 8,1401
97 735.32

28.45 Senior Administrative Analyst Cleric.ti 03210
59,185.18

30.01 Senior Administrative Analysl/Comm Develop Clttlc.tl 5,201.83 82,421.98

18.IM
SeniO< Office A$s,stant Citric.ti 2,884.27
3<,611.20

35.05 Senior Planner Mgmt.tconHd nt-1 6,231.09

74.17295
,. Street Sweeper Operator AFSCMEJPubUc Work• 3,750.24
4S,002.87
7 Ulilly Wof1<er I AFSCMEIPubllt Workw 3,04116
47,293.92

25.10 Ulili1yWof1<erll AFSCM~ubllc Worke 4,351.41
52,218.97

30.52 Wate11V\faslewater Operator I 5,290.11

1.32 34.80
WaterM'aslewaler Operator II AFSCMl:n'ubllc Worlla 5,998.1 I 71, 7132

38.75 WatorlWastewaler Operator Ill 8,718.34
80,598.05
Waler/Wastewal8f Manage1
Walermast8Yt'ater OperatOf' OIT (in trainfllg)
• Degree includes: M. BA. lntennediale or Advanced Post Certificates. No compounding for multiple degrees or certilic8tes as stated in the MOU's.

Classification of Office Assistant I, Off'ice Assistant 11, Administrative Assistant, Recreation Specialist Recreation Coordinator, Adminislrative Analyst and Sr. Administrative Analyst pos~ions are not specil',c to one department. Their positions can be used in any ol 1he City's various departments and/or may be used by multiple departments as determined by the City Manager Positions are filed on a lul•1ime or part-time basis as determined by the City Manager.

PART-TIME COMPREHENSIVE PAY SCHEDULE

CLASSIFICATION STEP
A B C
Administrative Anahlst 19.38 20.35 21 .37
Administrative Assistant 16.72 17.55 18.43
Buildina Maintenance Worker 16.50 17.33 18.19
Grants Anatvst 26.00 27.30 28.67
Ufaauard 16.50 17.50 18.38
Maintenance Wor1<er I 16.50 17.33 18.19
Office Assistant t 16.50 17.33 18.19
Office Assistant 11 16.50 17.33 18.19
Police Dlsoatcher 17.05 17.90 18,79
Police Records Assistant 16.50 17.33 18.19
Recreation Leader 16.50 17.33 18.19
Recreation Soecialist 16.50 17.33 18.19
Reserve Police Officer 25.75 27.04 28.39
Sr. Administrative Analyst 21.40 22.47 23.60
4,609.82 4,840,31 5,082.33 5,336.0

55.317 88 58.08378 60.987.97 114,037.37
2222 23.33 2'-50 25.72 27.01

3.85179 4,0408 •.243.80 4,4SS.93 •.881.87
••.221 40 4U32.5' 50.959.16 53,507 12 56,182.48
493< SUM) 5'.39 5711
8,551 84 8,G7U3 9,42U0 9.899.82
102,622 09 107,753.19 113.140JIS 11s,797.S9
29 88 3137 59 36.32
5,178.70 5,437.84 5,7 .52 5,995.00 8,294.75

82.144.4. 85.251.88 88,S .25 71.039.08 75,536.116
31 51 33.09 3<.7' 38.'8 311.30
5,401.92 5,735.02 6,021.77 6.322.Mi 8,830.00
&5.5'3.oa 88,820.23 72. 1.2 75, 7 .31 7 ' .2

17.47 18.35 19.26 20.23 21.24
3,02848 3,170.90 3,3311.90 3,505.84 3,88114

36.341.76 311.158.85 40,088.79 42,070. 3 44,173.114

37.75 38.63 41.et 43.70
6,5'2 03 e.eee 1e 7,213.25 7.57H2
78,511,80 82.437 18 "6,559.03 90,688.99
72 2U5 25.05 28.30
3,93775 4.13<.84 4,3,41.37 4,558.44
<17.253.01 •9.015"6 52,09"-45 5',701.27

23.87 25.07 28.32 27."4
4,13822 4.3<5.13 4,562.39 4,7110.51
40,858.82 S.2.141.SS 5',74U3 s1.•""·°" 28.38 2. 29.06 30.51 4,58888 5,037.31 5,289.17
5',827,81 BO,il41.e6 63.0005
32,05 33. 35. 3 37,
5,55'.82 e.123.06 e.,30.1&
, 55.39 73,48756 77.181.94

36.33 38.15 40.06 42.oe
e,298.02 6,812.92 e.943.!;6 7.290.7•

75. 76 1 7 . 3,3 87.488.88

40.89 '2.72 44.8" 47 10
7,05215 7,404.78 7,775.00
M.625.85 88.857 14 3,

42.99 47.40
0 E

22.44 23.56

19.35 20.32

19.10 20.06
30,10 31,60

19.29 20.26

19.10 20.06
19,10 20.06
19,10 20.06

19.73 20.72

19.10 20.06

19.10 20.06
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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON ADOPTING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND

THE LIVINGSTON POLICE OFFICERS' ASSOCIATION FOR THE
PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, AND

ADOPTING THE REVISED COMPREHENSIVE PAY SCHEDULE
February 4, 2025
Arcelia Cruz, Human Resources Coordinator
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council approve the Resolution adopting the Memorandum of Understanding between the City of Livingston and the Livingston Police Officers' Association for the term of July 1, 2024, through June 30, 2025, and adopt the revised Comprehensive Pay Schedule.

BACKGROUND:

The current Memorandum of Understanding (MOU) between the City of Livingston (City) and the Livingston Police Officers' Association covering the period of July 1, 2021, through June

30. 2024, expired on June 30, 2024. The City commenced successor MOU labor negotiation meetings in April of 2024. The Interim City Manager negotiated additional terms and compensation for a successor one year MOU at the direction of the City Council, and the Association members have ratified the proposed terms of the successor MOU. The successor MOU is retroactive to July 1, 2024, and will be in effect for one year through June 30, 2025. rnscuss10N
The new terms negotiated in the successor LPOA MOU 2024-25 include the following:

1. Term of MOU Section 1. - 1 year term. Update current Section to July 1, 2024, through June 30, 2025.

2. Increases During Term of MOU Section 8.7 - City updated Section 8.7 to delete old MOU increases and insert the following new language:

Effective retroactively to July 1, 2024, and within a reasonable period after City Council approval of this successor MOU, the City shall provide a four percent (4%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

Page I of 2

If another represented bargaining unit receives a higher percentage base pay increase for FY 2024-25 to their pay ranges published by the City during the term of this MOU, then the City will provide the difference in base pay increase to the Association represented employees starting from the date the other represented bargaining unit receives their higher base pay increase.

3. Vacation Allowance Section 18.2
The City proposes the following changes to the existing language for clarification purposes: Employees covered by this Memorandum of Understanding shall be entitled to accrue vacation at the following rates:

Length of Service
1 - 2 years
FISCAL IMPACT:
3 - 4 years
5-14 years
15 year on
Vacation Earned
80 Hours
120 Hours
160 Hours
200 Hours
The FY 2024/2025 approved budget includes 3% to cover base pay increases to all employees in this represented unit.

Staff is requesting authorization for the Finance Department to make the necessary supplemental appropriations to the FY2024/2025 budget.

ATTACHMENTS:

1. Resolution 2025-_, of the City Council of the City of Livingston adopting the Memorandum of Understanding between the City of Livingston and the Livingston Police Officers' Association for the Period July 1, 2024 through June 30, 2025 "Exhibit A"

2. Successor Livingston Police Officers' Association MOU - Redline

3. Revised Comprehensive Pay Schedule "Exhibit B"

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND THE LIVINGSTON POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, AND ADOPTING A REVISED COMPREHENSIVE PAY

SCHEDULE
WHEREAS, the City of Livingston ("City") endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and
WHEREAS, the compensation and benefits offered by the City to its employees are designed to aid in the City's employee recruitment and retention efforts; and WHEREAS, Section 36506 of the California Government Code requires that the City Council of the City fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, the current Memorandum of Understanding ("MOU") between the City and the Livingston Police Officers' Association ("Association") covering the period July 1, 2021 through June 30, 2024 ("LPOA MOU 2021-24") expired June 30, 2024; and WHEREAS, the City Manager and the labor representatives of the Association met and conferred in good faith and reached a Tentative Agreement on a fair and equitable package of total compensation culminating in a successor LPOA MOU for the period July 1, 2024 through June 30, 2025 ("LPOA MOU 2024-25")(Exhibit A), pursuant to the Meyers-Milias-Brown Act ("MMBA") (Government Code sections 3500-3511) and the City's Personnel Rules and Regulations Resolution No. 87-30; and
WHEREAS, the members of the Association voted to ratify the successor LPOA MOU 2024-25, and the City Manager and the labor representatives of the Association have executed same pending formal adoption and approval by the City Council by resolution; and WHEREAS, the City Council desires now to formally approve, adopt and implement the successor POA MOU 2024-25 by resolution; and
WHEREAS, the City's City-wide Comprehensive Pay Schedule (Exhibit B) has been updated to reflect a four percent (4%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges
WHEREAS, The Finance Department will process any adjustments to supplemental budget schedules impacted by the adoption of the LPOA MOU 2024-25; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

1. The recitals set forth above are true and correct and incorporated herein by this reference.

Page I of2

2. The successor Memorandum of Understanding between the City of Livingston and the Livingston Police Officers' Association, in a form approved by the City Attorney, covering the period of July 1, 2024, through June 30, 2025, attached hereto as Exhibit A is hereby approved, adopted, and implemented.

3. The City Manager is hereby authorized and directed to implement the provisions of the LPOA MOU 2024-25 for the period July 1, 2024 - June 30, 2025, including the resulting changes to employee compensation and benefits.

4. The revised and updated Comprehensive Pay Schedule as shown in Exhibit B attached hereto and incorporated by this reference is approved, adopted, and implemented.

5. This resolution is effective immediately upon adoption.

6. The Finance Department is authorized to make the necessary supplemental appropriations to the FY 2024/2025 budget.

I hereby certify that the foregoing Resolution No. 2025-__ is a full, true and correct copy of a resolution duly passed and adopted by the City council of the City of Livingston at a meeting thereof duly held on the 4th day of February 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
Jose Moran, Mayor
of the City of Livingston
Page2of 2

Memorandum of Understanding
07/01/2024 – 06/30/2025
Operating Engineers Local #3
on behalf of the
Livingston Police Officers’ Association
and the
City of Livingston
Deleted: 1
Deleted: 4

1 Livingston Police Officers’ Association
Memorandum of Understanding

TABLE OF CONTENTS
SECTION 1. TERMS OF AGREEMENT ........................................................................ 5 SECTION 2. PURPOSE................................................................................................. 5 SECTION 3. RECOGNITION ......................................................................................... 5 SECTION 4. UNION SECURITY.................................................................................... 6

4.1 Dues Deduction .................................................................................................... 6

4.2 Communications With Employees ........................................................................ 6

4.3 Advance Notice .................................................................................................... 6

4.4 List of Employees ................................................................................................. 6 SECTION 4A. AB 119………………………………………………………………………….6
SECTION 5. CITY RIGHTS/EMPLOYEE RESPONSIBILITIES ..................................... 7 SECTION 6. NO DISCRIMINATION .............................................................................. 7 SECTION 7. UNION REPRESENTATIVES/ASSOCIATION MEMBERS....................... 7

7.1 Representatives.................................................................................................... 7

7.2 Representative of the Union ................................................................................. 8

7.3 Access to Personnel Files .................................................................................... 8 SECTION 8. SALARY/COMPENSATION ...................................................................... 8

8.1 Salary Schedule ................................................................................................... 8

8.2 Salary Plan Administration.................................................................................... 8

8.3 Salary Plan Administration, Advancement with Salary Range.............................. 8

8.4 Salary Plan Administration, Salary Step After Promotion or Demotion................. 8

8.5 Temporary Upgrading........................................................................................... 8

8.6 Salary Plan, Pay Periods ...................................................................................... 9

8.7 Salary One Time Lump Sum 7.5% Salary Payment………………………………….9

8.8 Salary Plan Administration, Gustine Dispatching Services………………………….9

8.9 Shift Pay Differential………………..……………………………………………………9

8.10 Pay Separation…………………..…….…………………………………………………9
SECTION 9. PROBATION PERIOD............................................................................... 9

9.1 In-House Promotions……………………………………………………………………9
~-- Deleted: O~---------------------~

2 SECTION 10.SENIORITY............................................................................................. 10 SECTION 11.TRANSFER, PROMOTION LIST ............................................................ 10

11.1 Transfer ............................................................................................................ 10

11.2 Promotion ......................................................................................................... 10

11.3 Time Off for Examination .................................................................................. 10 SECTION 12. EVALUATIONS & JOB DESCRIPTIONS ............................................... 10

12.1 Evaluations ....................................................................................................... 10

12.2 Job Descriptions……………………………………………………………………...10
SECTION 13. REDUCTION IN FORCE LAYOFFS)……………………………………….11

13.1 Order of Layoff.................................................................................................. 11

13.2 Notice of Layoff................................................................................................. 11

13.3 Recall................................................................................................................ 11

13.4 Outside Employment ........................................................................................ 11 SECTION 14. RESIGNATION & REINSTATEMENT .................................................... 11

14.1 Resignation....................................................................................................... 11

14.2 Reinstatement .................................................................................................. 12 SECTION 15. HOURS OF WORK, OVERTIME, PREMIUM-PAY ................................ 12

15.1 4/10 Work Schedule ......................................................................................... 12

15.1(a) Work Week………………………………………………………………………….12

15.1(b) Work Hours…………………………………………………………………………12

15.1(c) Shift Selection………………………………………………………………………12

15.1(d) Implementation of 5/8 Work Schedule…………………………………………..13

15.2 Attendance ....................................................................................................... 13

15.3 Overtime/CTO .................................................................................................. 14

15.4 Court Pay.......................................................................................................... 14

15.5 Training/Informational Meetings ....................................................................... 14

15.6 Call-Back .......................................................................................................... 14 SECTION 16. INCENTIVE PAY.................................................................................... 15

16.1 Education Incentive .......................................................................................... 15

16.2 Tuition Incentive................................................................................................ 15

16.3 Bilingual/Bilerate Incentive ............................................................................... 15 Deleted: …
Deleted: 1
Deleted: 4

3 16.4 Field Training Incentive..................................................................................... 15

16.5 Motorcycle Maintenance................................................................................... 15

16.6 P.O.S.T. Certificate........................................................................................... 16

16.7 Deferred Compensation.................................................................................... 16

16.8 Computer Purchase Program ........................................................................... 16 SECTION 17. HOLIDAYS ............................................................................................. 16

17.1 Holiday Pay ...................................................................................................... 16

17.2 Authorized Holidays.......................................................................................... 17

17.3 Work Schedule ................................................................................................. 17 SECTION 18. VACATION ............................................................................................. 17

18.1 Vacation Leave................................................................................................. 17

18.2 Vacation Allowance .......................................................................................... 17

18.3 Longevity .......................................................................................................... 18

18.3.1 Career Service Pay………………………………………………………………….18

18.4 Scheduling........................................................................................................ 18

18.5 Pay Upon Termination …………………………………………………………...…18
SECTION 19. LEAVE PROVISIONS............................................................................. 19

19.1 Sick Leave ........................................................................................................ 19

19.2 Industrial Disability Leave ................................................................................. 20

19.3 Long Term Disability ......................................................................................... 20

19.4 American Disabilites Act ................................................................................... 20

19.5 Funeral Leave................................................................................................... 21

19.6 Leave of Absence............................................................................................. 21

19.7 Maternity Leave ................................................................................................ 21

19.8 Military Leave ................................................................................................... 22

19.9 Administrative Leave ........................................................................................ 22 SECTION 20. HEALTH & WELFARE............................................................................ 22

20.1 Medical-Dental-Prescription-Life Insurance ....................................................... 22

20.2 Medical Examinations........................................................................................ 23

20.3 Retirement ......................................................................................................... 23

20.3.1 Employee Share of Cost………………………………………………….….….. 24

20.4 Post Retirement Benefits ................................................................................... 24 Deleted: 9
Deleted: 1
Deleted: 9
Deleted: 0
........ ~ >-------<

4 20.5 Sick Leave Conversion Plan.............................................................................. 25 SECTION 21. SAFETY ................................................................................................. 27

21.1 Observance of Safety Rules & Regulations...................................................... 27

21.2 Safety Equipment ............................................................................................. 27

21.3 - 21.3.1 Uniforms & Protective Clothing............................................................ 27 SECTION 22. POLICE OFFICERS' BILL OF RIGHTS................................................. 28 SECTION 23. DISCIPLINE & DISCHARGE.................................................................. 28 SECTION 24. WORK RULES ....................................................................................... 28

24.1 Compliance……………………………………………………………………………..28
SECTION 25. GRIEVANCE PROCEDURES................................................................ 28 SECTION 26. PAST PRACTICES & EXISTING MOU ................................................. 28 SECTION 27. RESOLUTION OF IMPASSE ................................................................ 28 SECTION 28. SEPARABILITY OF PROVISIONS........................................................ 28 SIGNATURE PAGE ...................................................................................................... 29 Deleted: 6
Deleted: 6

5 MEMORANDUM OF UNDERSTANDING
SECTION 1. TERMS OF AGREEMENT
This Memorandum of Understanding, upon approval of the City Council, shall remain in effect for those employees employed in the classifications which comprise the Livingston Police Officers’ Association bargaining unit for the period beginning July 1, 2024 and ending June 30, 2025. The City may unilaterally open this agreement in the event a financial disaster results in a significant loss of revenue to the City.

Ninety (90) days prior to the termination of this Memorandum, the Union will notify the City if it wishes to modify the agreement. Failure to comply with the ninety (90) days’ notice will not preclude commencement of negotiations. In the event that such notice is given, negotiations shall begin as soon as possible after the notice. This period of negotiations and until notice of termination of this agreement is provided to the other party.

SECTION 2. PURPOSE
The purpose of this Memorandum of Understanding is to promote and provide harmonious relations, peaceful resolution of disputes, and cooperation and understanding between the City and its employees covered herein, and to set forth the full and entire understanding reached as a result of meeting and conferring on hours, wages, and working conditions in accordance with state and federal law and city ordinances, rules, and regulations.

SECTION 3. RECOGNITION
A. The City of Livingston (City) recognizes the Operating Engineers Local Union No. 3 (OE3), representing Livingston Police Officers’ Association (LPOA), as the sole and exclusive bargaining agent, for the purposes of establishing wages, hours, and conditions of employment, for all regular City employees of the Police Department, who were in the classification of Police Officer, Corporal and dispatcher at the time this Understanding was entered into, but excluding all seasonal (those hired to work for a fixed period of time, which is less that one year), casual, supervisory of confidential employees, and all elected officials or officers of the City. This MOU, unless otherwise indicated, governs those Police Officers, Corporals and Dispatchers in this bargaining unit which is comprised of:

Animal Control Officer
Corporal
Dispatcher
Evidence Technician/Special Project
Police Officer
Police Office Assistant II
Police Records Assistant
Public Services Officer
The classification or job titles used above are for descriptive purposes only. Their use is neither an indication nor a guarantee that these classifications or titles will continue to be used by the City.

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Deleted: 4
---------- >==========----==========<

6 Conflict of Memorandum and Resolution: It is understood and agreed that there exists within the City Personnel Rules and Regulations per Resolution No. 87-30.

SECTION 4. UNION SECURITY
At the time a new employee is hired who will be subject to this agreement, the City shall deliver to the employee a written notice stating the City shall deliver to the employee a written notice stating the City acknowledges the Union (OE3) as the recognized employee organization for the employees covered by this agreement.

All employees covered by this agreement, who are not already Union members, shall make application for membership within one (1) month following their date of employment or pay to the Union, each month through payroll deduction, a service charge as a contribution toward the administration of this agreement in an amount equal to the regular monthly dues. The Union shall be responsible for enforcement for those employees who fail to comply with these requirements.

Any employee having an objection to the payment of Union dues or service fee shall, to comply with this section, show evidence of contribution of a like amount to a charity of his/her choice.

4.1 Dues Deduction
The Union may have the regular dues to its members within the representation unit, deducted from the employee’s paycheck under procedures prescribe by the City for such deductions. Dues deductions shall be made only upon signed authorization from the employee.

4.2 Communications with Employees
The Union shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Union business.

4.3 Advance Notice
The Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet with the appropriate management representatives prior to adoption.

4.4 List of Unit Employees
The City shall furnish the Union with the names, classifications and date of hire of employees newly assigned to the unit and employees having leaving the unit.

SECTION 4(a) AB 119
A. Payroll deductions for the periodic membership dues, initiation fees and general assessments of the Union shall be made by the City on behalf of the Union from the paycheck of each employee whom the Union certifies has affirmatively consented to such dues deduction. The City shall remit the deducted membership dues to the officer(s) of the Union designated in writing by the Union.

7 B. The Union will maintain individual employee authorizations for payroll deductions, signed by the individual from whose wages the deduction is to be made. The City shall rely upon written notification from the Union for any employee requests to cancel, initiate or change payroll deductions for dues. The Union will obtain and maintain voluntary written authorization for dues deductions. Dues deductions shall automatically renew unless written notice is provided by the Union.

C. Deduction notification will be provided to the City’s Payroll Division.

Change, cancellation and deduction requests received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.

D. The Union shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any threatened or actual claims, demands, lawsuits, or any other action arising from the operation of this Section and from the use of such monies by the Union.

SECTION 5. CITY RIGHTS/EMPLOYEE RESPONSIBILITIES
It is understood and agreed the City retains its powers and authority to direct, manage and control all affairs of the City to the full extent of the law.

The employer-employee relations create mutual responsibilities. Reasonable rules and regulations are necessary to the proper functioning of any city. Observance of all rules, regulations, and this Memorandum is essential.

SECTION 6. NO DISCRIMINATION
The City agrees not to discriminate against any employee because of membership in the Union or because of any activities on behalf of the Union. Union activities shall not interfere with the normal operations of the City. See Section 4.1 of Personnel Rules and Regulations.

SECTION 7. UNION REPRESENTATIVES/ASSOCIATION MEMBERS

7.1 Representatives
Designated Association Members shall obtain approval from their immediate supervisor or any supervisor if their immediate supervisor is not available, before leaving their duty assignment to resolve grievances.

This provision shall not be used to prevent association members from performing their duties or obligations set forth in this section; provided, however, the use of time for this purpose shall be reasonable.

Whenever an employee is required to meet with a supervisor and the employee reasonably believes the discussion may lead to a disciplinary action, the employee shall be entitled to a Union representative or association member for representation.

In the event the employee desires the presence of a Union representative or

8 association member, the City will contact the representative to arrange a mutually acceptable time and day to hold the meeting.

By January 31 of each year, the Livingston Police Officer’s Association shall notify the Chief of Police the names of two (2) association members who be designated for the above responsibilities.

7.2 Representative of the Union
The employer agrees accredited representatives of the Police Officer’s Association shall have access to the premises of the employer at any time during working hours to conduct Union business. Said representative will notify the City Manager or the Chief of Police twenty-four (24) hours in advance whenever he/she is conducting employee business during working hours.

7.3 Access to Personnel Files
An employee or an employee’s representative both upon written authorization from the employee shall have access to the employee’s personnel file upon request.

Nothing shall be placed in an employee’s personnel file until he/she has seen it.

SECTION 8. SALARY/COMPENSATION

8.1 Salary Schedule
Both the LPOA and the City agree to use the Merced County CPI to determine any COLA’s. Future COLA’s will be subject to the meet and confer process annually only after the State of California had adopted its budget. Retroactivity for any adjustments will be negotiated each re-opener year.

8.2 Salary Plan Administration
See section 3 of Personnel Rules and Regulations

8.3 Salary Plan Administration, Advancement with Salary Range See Section 3 of Personnel Rules and Regulations, except that advancement from Step 1 to Step 2 shall be made at six (6) months for those dispatchers on probation or employees as temporary employees on the date this contract is signed.

8.4 Salary Plan Administration, Salary Step After Promotion or Demotion See Section 3 of Personnel Rules and Regulations, except that advancement from Step 1 to Step 2 shall be made at six (6) months for those dispatchers on probation or employees as temporary employees on the date this contract is signed.

8.5 Temporary Upgrading
An employee assigned by the Chief of Police to perform the duties of a higher-paid classification shall receive an increase of five percent (5%) for all hours so worked at the higher classification, from the first hour worked provided, however, the rate paid shall not exceed the top step of the classification, nor be less than the first step of the classification.

9 8.6 Salary Plan, Pay Periods
See Section 3.3 of Personnel Rules and Regulations

8.7 Increases During Term of this Memorandum of Understanding Effective retroactively to July 1, 2024 and within a reasonable period after City Council approval of this successor MOU, the City shall provide a four percent (4%) base pay increase to the pay ranges for all LPOA represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

If another represented bargaining unit receives a higher percentage base pay increase for FY 2024-25 to their pay ranges published by the City during the term of this MOU, then the City will provide the difference in base pay increase to the Association represented employees starting from the date the other represented bargaining unit receives their higher base pay increase.

8.8 Salary Plan Administration, Gustine Dispatching Services Dispatchers shall receive a four percent (4%) base salary increase during the duration of the Gustine Dispatching Contract.

This pay shall end if the City ceases providing dispatch services to the City of Gustine.

8.9 Shift Pay Differential
For those employees within the bargaining unit, the Livingston Police Officers Association shall receive a shift pay differential as follows below.

Graveyard – shall receive an extra $.50 cents per hour for each hour worked on Graveyard shift.

8.10 Pay Separation
Effective July 1, 2018 there will be a five (5%) differential pay between Step E Police Officer and Step A Corporal.

Retroactive two (2) months only.

SECTION 9. PROBATION PERIOD
All employees of the City of Livingston Police Department shall have a probation period of 18 months. See Section 5.5 of Personnel Rules and Regulations.

9.1 In-House Promotions
A probation period of one (1) year will be implemented for all In-House promotions.

Deleted: ¶
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Deleted: For those employees within the bargaining unit, the Livingston Police Officers Association shall receive a base salary adjustment on such dates as listed below.¶
¶
Effective July 1, 2021, 3% base salary adjustment. ¶
Effective July 1, 2022, 3%% base salary adjustment.¶
Effective July 1, 2023, 3%% base salary adjustment.¶
¶
Retroactive to July 1, 2021¶
Deleted: Effective July 1, 2022, the base salary for the Officer Assistant II position will be adjusted ¶
by a 4% increase. ¶
¶
Deleted: American Rescue Plan (ARP) Funds: City shall
issue each eligible member of the Livingston Police Officers Association unit a stipend totaling $6,000 as allowed per the ARP Guidelines for hazard pay during the COVID-19
pandemic. The stipend will be issued in two $3,000
payments. The first $3,000 stipend will be paid on the first pay period of December 2021 and the second $3,000 stipend will be issued on the first pay period following the receipt of the second ARP allocation. ¶
¶
Deleted: Effective upon the execution of this agreement, Deleted: ¶
¶
Deleted: ¶
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(,·/r"" • • ... ······· \
j

10 SECTION 10. SENIORITY
Seniority is hereby defined as the employee’s length of continuous service with the City since his/her last date of hire, except as otherwise provided herein.

Continuous service used in the above paragraph hereof means an employee’s total continuous length of service with the City since his/her last date of hire without break or interruption; provided that layoff of one (1) year or less, any suspension for disciplinary purposes, absence on authorized leave with or without pay and absence while receiving temporary total disability benefits under the California Worker’s Compensation Act, shall not constitute a break or interruption in service within the meaning of this article.

After an employee satisfactorily completes his/her initial probationary period of employment with the City, his/her seniority shall be effective from the date on which the employee was hired.

A list of employees arranged in order of their seniority as defined herein, shall be maintained and made available for examination by employees; provided the seniority list be revised and updated at the end of November each year. A copy of the same shall be transmitted to the Union and/or associations.

Where two or more employees were appointed on the same date, their seniority standing shall be determined in the order in which they filed their application for such employment in accordance with the date of filing such application which shall appear on the application form.

SECTION 11. TRANSFER, PROMOTION LIST

11.1 Transfer
See Section 3.10 of City Personnel Rules and Regulations

11.2 Promotion
See Section 5.4 of City Personnel Rules and Regulations

11.3 Time Off for Examination
Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without any loss in compensation.

SECTION 12. EVALUATIONS AND JOB DESCRITIONS

12.1 Evaluations
See Section 8.1 of City Personnel Rules and Regulations

12.2 Job Descriptions
Job descriptions currently adopted will remain, but the City will meet and confer on any changes in the futures.

Deleted: ¶
¶
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11 SECTION 13. REDUCTION IN FORCE (LAYOFFS)
When it becomes necessary to reduce the City’s work force, employees shall be “laid off” on the basis of their seniority within the Police Department. See Section 6.1 of City Personnel Rules and Regulations.

13.1 Order of Layoff
See Section 6.1 of City Personnel Rules and Regulations

13.2 Notice of Layoff
Before an employee is laid off, the employee and the Union shall be notified in writing of such contemplated layoff at least thirty (30) working days prior to the effective date of layoff.

13.3 Recall
See Section 6.2 of City Personnel Rules and Regulations

13.4 Outside Employment
See Section 14.1 of City Personnel Rules and Regulations Off-duty employment will be approved subject to:
(a) An absence of interference with the full and efficient performance of duty at all times.
(b) The absence of a demonstrative conflict of interest between outside employment and City employment.
(c) Outside employment must be covered by State Workers’ Compensation Insurance of a comparable insurance policy covering industrial accidents and injuries, said coverage to be approved by the City Manager. (d) Outside employment will not create any liability against the City of Livingston.

SECTION 14. RESIGNATION AND REINSTATEMENT

14.1 Resignation
See Section 7.1 of City Personnel Rules and Regulations

14.2 Reinstatement
A permanent employee who has resigned in good standing shall be allowed to reapply for a vacant position, but will be required to participate in an oral interview process if there is one.

12 SECTION 15. HOURS OF WORK, OVERTIME, PREMIUM PAY

15.1 4-10 Work Schedule
The following members represented by the Association will be assigned to work a 4/10 work schedule.

Police Dispatcher Police Corporal
Police Officer Police Investigator
Officer Assistant II
5-8 Work Schedule
Animal Control Officer

15.1(a) Workweek
All members, excluding Animal Control Officer, as described in Section 15.1 will be assigned to a 4/10 work schedule based on a 4 days on and 3 days off work plan.

The Department will make every effort to implement the designated schedule change on the first of the month. Based on a four month rotation, shift change will occur on the following dates; April 1st, August 1st, and December 1st of each year for dispatch, and March 1st, July 1st, and November 1st of each year of each year for all other positions. The rotation schedule does not include the Police Investigator, School Resource Officer as the position is a specialized assignment. The Animal Control Officer will work Monday to Friday from 0800-1600 hours.

15.1(b) Work Hours
The Department will maintain the option of hours of work for each assigned shift.

These hours may change as required to meet the needs of the Department and the City. No hour change will be made for shifts prior to a new shift schedule being posted for sign up. This will allow for the Department to adjust to season and crime statistics throughout the year.

15.1 (c) Shift Selections
Police Officer and Corporal
Individual shift selection will be based on seniority with the following guidelines;

1. Shift selection schedule will be posted along with a current seniority list 30 days prior to shift change.

2. The posted schedule will be blank other than the designated positions to be filled (i.e. Corporal, Police Officer).

3. The Department will maintain the selection of days off and number of personnel assigned to each shift.

4. Selection process will start with the most senior officer within each of the above positions.

5. An officer will have two (2) working days to make their selection. After that if a selection has not been made, they will drop down a position and the next senior officer will make their selection.

13 6. Special Assignments (Investigations, SRO, Temporary Duty) will not be included in the seniority sign up for shift assignment. Shift assignment for these positions will be at the option of the Police Lieutenant.

Dispatcher

1. Shift selection schedule will be posted along with a current seniority list 30 days prior to shift change.

2. The posted schedule will be blank other than designated shifts to be filled.

3. The department will maintain the selection of days off and number of personnel assigned to each shift.

4. Selection process will start with the most senior dispatcher.

5. The dispatcher will have two (2) working days to make their selection. After that if a selection has not been made, they will drop down a position and the next senior dispatcher will make their selection.

6. The department retains the right, within a 30 day notice, to adjust specific shifts to accommodate the training of new dispatchers to be trained on all shifts. The adjustment will only be implemented during the duration of the trainee’s scheduled time on that specific shift.

15.1(d) Implementation of 5/8 Work Schedule
In the event staffing level falls below twelve (12) sworn officers the Department will revert back to a temporary 5/8 work schedule. The Department will transfer special assignment personnel to fill open patrol positions as required.

The Department will give a minimum of seven (7) days notification prior to implementing a 5/8 work schedule. Sworn officers will not include administrative staff, and each must be cleared from field training and assigned to a working shift.

When the Department reaches a staffing level of twelve (12) or more sworn officers and each is cleared from the Department FTO program the 4/10 schedule will be immediately reinstated with a minimum of seven (7) days notification.

Nothing herein shall prevent the Department from making temporary schedule changes to address bona fide emergencies that may arise during the term of this agreement. An “emergency” is an unanticipated or unforeseen event or occurrence beyond the control of the City or the Police Department which required prompt and immediate law enforcement response to prevent injury or damage to life, person, or property.

In the event that staffing level falls below five (5) full time dispatchers, the Department will have the option to implement a modified schedule on a temporary basis.

15.2 Attendance
If any employee knows in advance he/she is going to be late, he/she must contact a designated shift supervisor and explain the reason for tardiness and what time he/she expects to arrive. If an employee is to be absent he/she must call or discuss the reason beforehand with the designated shift supervisor. The employee is

14 responsible for being ready for his/her assigned duty at the start of his/her shift and continue through the shift to the quitting time of the shift.

15.3 Overtime/CTO
Authorized work performed in excess of forty (40) hours in a regular work schedule in one (1) week, shall constitute overtime. Association members may choose between CTO and paid overtime when they are required to work overtime. Paid overtime will be compensated at one and one-half the employee’s regular hourly rate of pay except as otherwise designated by the Chief of Police. Association members will be allowed to accumulate a maximum of eighty (80) hours of CTO earned at a rate of

1.5 times actual overtime worked.

15.4 Court Pay
Any employee who shall be called as a witness arising out of and in the course of his/her employment during his/her normal working hours shall be deemed to be on duty. A minimum court time of three (3) hours per call at time and one-half will be paid for court appearances only on all non-duty hours.

Those members of the LPOA who are placed on-call for court, shall receive two (2) hours of overtime, in compensatory time for the duration of the on-call status.

15.5 Training/Informational Meetings
Necessary training and/or informational meetings may be scheduled by the Chief of Police and/or his designated Command Officer. The meetings are to ensure all employees the necessary knowledge so he/she may fulfill the needs of his/her position more professionally. An employee will receive overtime for attendance at all required training meetings, but not including pre-shift briefings. Furthermore, training shall consist of twenty-four (24) hours per Police Officer per year of Police Officers Standard and Training (P.O.S.T.) reimbursable curriculum.

Dispatchers shall attend a P.O.S.T. certified 120 hours Basic Dispatcher School as required by P.O.S.T. within one (1) year of date of hire. Dispatchers shall also receive at least twenty-four (24) hours of P.O.S.T. certified training every two (2) years as required by P.O.S.T.

15.6 Call-Back
Any employee “called out” or assigned to work during his/her normal time off shall be paid a minimum of one hour at time and one half. In the event an assignment is cancelled, call-out pay will not be paid if the employee is notified of cancellation twenty-four (24) hours prior to the assignment.

If an employee is required to and does report for work after employee is called back, he/she shall be paid travel time at the overtime rate in addition to the pay for the time worked. The amount of travel time will be the reasonable time it takes to travel from his/her home to wherever he/she is to report. He/she will be credited with the same amount of travel time to return home, except when the work for which he/she is called back continues until the beginning of his/her next regular scheduled shift, in such cases, travel time for returning home will not be allowed.

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15 SECTION 16. INCENTIVE PAY

16.1 Education Incentive
Full-time employees who have at least three years of law enforcement experience and an Associate of Arts Degree in a law enforcement related field shall be eligible for a five percent (5%) pay increase above the employee’s current pay step.

Associate of Arts Degree and Bachelors of Science Degrees in Business Administration, Public Administration, Criminal Justice and Administration of Justice shall be accepted to satisfy the degree requirement. Additional Degrees in computer technology would also be considered for the five percent (5%) pay increase mentioned above.

16.2 Tuition Incentive
Employees are urged to continue their in-service formal education. Upon the recommendation of the Chief of Police, the City Manager may authorize City payment for all or a portion of the cost of such education if the education and training is job related. Courses taken via online schools will be considered for reimbursement. Cost of education shall only include tuition, books, and supplies not to exceed $75 expense to the City per semester.

16.3 Bilingual/Biliterate Incentive
The City will pay 5% of gross pay per year for those association members who are bilingual and the city will pay 5% of gross pay per year for those association members who are biliterate for a total possible pay increase of 10%. A Post Standard Test as agreed to by the Union and the City, will be developed to determine qualifications. If a recipient of the Bilingual Incentive Pay refuses to translate, bilingual pay will be terminated immediately.

16.4 Field Training Incentive (Dispatcher and Officer)
Any member assigned to this temporary position, will receive an additional 5% incentive during the time period they are actually training for.

16.5 Motorcycle Maintenance
An Officer assigned to motorcycle duty and assigned a department motorcycle shall receive eight (8) hours overtime pay, 8 hrs @ 1 ½ x) monthly for the cleaning and maintenance of the motorcycle.

Association members assigned to motorcycle duty shall receive the following safety equipment at City expense:
a. Helmet
b. Sun glasses
c. Night glasses
d. Boots
e. Leather jacket

16 f. Gloves
g. One pair of riding pants annually
All above reference safety equipment shall remain the property of the City.

16.6 P.O.S.T. Certification
Association members, who obtain either an Intermediate or Advance Certification for the California Police Officers Standards and Training (P.O.S.T.), shall receive a five percent (5%) increase in salary. This salary increase shall not be in addition to salary adjustments associated with obtaining college degrees.

16.7 Deferred Compensation
Association members with five (5) years continued service as of April 1, 1998, shall be eligible to receive up to $100.00 per month in deferred compensation provided by the City as a match to the level of deferred compensation contribution provided by individual Association Members. City match is limited to one (1) year.

16.8 Computer Purchase Program
Upon completion of probation, association members are eligible to participate in the City’s employee computer purchase assistance program. Eligible purchases include, but are not limited to: computers, monitors, printers, lap tops, and mobile computers to include tablet computers such as IPADs.

16.9 Special Pay
Corporals and Narcotics Officers shall receive a two percent (2%) salary increase during their designation/assignment.

Detectives only shall receive a 4% base salary increase during their designation/ assignment.

SECTION 17. HOLIDAYS

17.1 Holiday Pay
Association members in lieu of observing holidays will be compensated in cash payout per holiday. Presently there are twelve (12) holidays per year. Association members shall be compensated at straight time for each holiday. Association members shall receive a separate check in July of each year for the total number of hours represented by the total number of holidays, to reflect employee’s current shift.

Should a member leave the City’s employment during the year, the members final paycheck will reflect a reimbursement to the City for those holiday hours not earned.

The above, Section #17.1, does not apply to the following positions: Public Assistant, Records Clerk, Police Services Officer and Animal Control Officer. These positions will be observing the authorized holidays and therefore will be compensated as a day off.

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17 17.2 Authorized Holidays
a. Day before New Years
b. New Year’s Day – January 1st
c. Martin Luther King’s Birthday
d. President’s Day
e. Memorial Day – Last Monday in May
f. Independence Day – July 4th
g. Labor Day – First Monday in September
h. Veteran’s Day – November 11th
i. Thanksgiving Day – Fourth Thursday in November
j. Day after Thanksgiving
k. Day before Christmas
l. Christmas Day – December 25th
m. Two (2) Floating Holidays
SECTION 18. VACATION

18.1 Vacation Leave
Annual vacation leave is to enable each eligible employee to return to his/her job mentally refreshed. The purpose of vacation is to insure the employee’s continues efficiency by allowing periods of rest and relaxation. Therefore, vacation shall be taken in units of one week or more except the Chief of Police may allow an employee to take vacation in units of less than one (1) week when he deems it to be in the best interest of the City. Vacation shall only be allowed in increments of one (1) or more days.

Association members may sell back a maximum of 80 hours per year. Vacation sell back will take place two (2) times a year; once on June 1st and once on December 1 st
. Association members can sell back 40 hours (2x’s) once in June and once in December, or he/she can sell back 80 hours (1x) during the year either in June or December.

The City shall pay to each employee all vacation hours accrued in excess of 240 hours on the next bi-weekly pay period.

18.2 Vacation Allowance
Employees covered by this Memorandum of Understanding shall be entitled to accrue vacation at the following rates:

Employees with less than two (2) years of employment shall be entitled to earn up to ten (10) days’ vacation per year at the rate of .83 a day per completed month of service or pro-rata portion thereof. Employees with more than two (2) years’ service and less than four (4) years of employment shall be entitled to earn up to fifteen (15) days of vacation per year at a rate of 1.25 days per completed month of service or pro-rata portion thereof. Employees with more than four (4) years of employment shall be entitled to earn up to twenty (20) days of vacation per year at a rate of 1.67 days per completed month of service or pro-rata portion thereof. Employees with more than fourteen (14) years shall be entitled to earn up to 25 days’ vacation each Deleted: ¶
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18 year at a rate of 2.08 days per completed month of service or pro-rata portion thereof:
1 through 2 years 80 Hours
3 through 4 years 120 Hours
5 through 14 years 160 Hours
15 years or more 200 Hours
An employee is eligible for vacation only after completion of 18 months of continuous service. Employees who have completed the probationary period shall be credited with vacation time accrued from the original date of hire.

18.3 Longevity Incentive
Employees shall be eligible for additional weeks of vacation based on longevity. The time shown shall be for one additional week in each of the mentioned years only:

Completion of employee’s 10
th
, 20
th
, 25
th and 30th year.
10 th year = 1 week for that year
20 th year = 1 week for that year
25 th year = 1 week for that year
30 th year = 1 week for that year

18.3.1 Career Service Pay
Upon reaching such career milestones with the City of Livingston members of the Livingston Police Officers Association Unit will receive a one-time payment of as listed below at the end of such completed year of service. 5 years $100.00
10 years $200.00
15 years $300.00
20 years $400.00
25 years $500.00

18.4 Scheduling
The employee shall request in writing his/her preferred dates of vacation at least sixty (60) days in advance to the Chief of Police or his designated Command Officer.

The Chief of Police or his designee will respond back within ten (10) days. The Chief of Police may consider less time when it is in the best interest of the City. An employee who has given sixty (60) days’ notice cannot be bumped from vacation on the basis of another employee’s seniority.

18.5 Pay Upon Termination
Any employee shall be paid for any unused vacation time on the termination of his/her employment. The employee shall be paid at the rate of pay in effect at the time of his/her termination.

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19 SECTION 19. LEAVE PROVISIONS

19.1 Sick Leave
Sick leave accumulation shall commence the first day of employment at a rate of eight (8) hours per month. The taking of sick leave shall commence upon the completion on one month employment.

Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year.

The maximum accrual rate of sick leave for any employee will be 2880 hours. (This is the equal to 30 years times 96 hours).

Upon resignation, an employee shall receive 50% of all unused sick leave converted into cash.

Upon retirement after June 30, 2002, each employee shall have 100% of their unused sick leave cashed out or placed into a special account for the sick leave conversion plan benefit for retiree health. (Refer to Section 20.4 – Post Retirement Benefits for explanation of the Sick Leave Conversion Plan).

An employee may be required to submit a Physicians slip for any sick leave used immediately after using three (3) consecutive days of sick leave.

The Department Head may contact and counsel a specific employee, if it appears the usage of sick leave is improper.

In the event Worker’s Compensation payments cover all or part of the period during which sick leave is paid, the sum of the two shall not exceed the sick leave benefit payable for said period, and the unused portion of accumulated sick leave will continue to be credited to the employee.

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