The recommended rate adjustment for this next year (Exhibit A) reflect a recommended increase of 3 percent.
FISCAL IMPACT: Increased revenues are required to properly fund capital maintenance, to keep up with cost of service increases, and State mandated costs.
FUNDING AVAILABLE: Not applicable
________________________________________
Charles E. Swimley, Jr.
Public Works Director
CES/RAY/cd
Attachment
Exhibit A
City of Lodi -- Wastewater Utility
Current and Proposed Wastewater Rates
Current July 2022
Percent Increase 3.0
Flat Rates ($/month)
1 Bedroom 28.71 $ 29.57$
2 Bedroom 38.27 $ 39.42$
3 Bedroom 47.84 $ 49.28$
4 Bedroom 57.41 $ 59.13$
5 Bedroom 66.98 $ 68.99$
6 Bedroom 76.55 $ 78.84$
7 Bedroom 86.12 $ 88.70$
Mobile Homes
Any Size 28.71 $ 29.57$
Schools
Students per SSU 37.23 $ 38.35$
Usage-Based Rates (1)
Monthly Usage Charge ($/CCF) (1) 2.97 $ 3.06$ 3/4" Meter Charge per month 26.14$ 26.92$
1" Meter Charge per month 42.11$ 43.37$
1 1/2" Meter Charge per month 81.35$ 83.79$ 2" Meter Charge per month 127.94$ 131.78$
3" Meter Charge per month 239.03$ 246.20$
4" Meter Charge per month 396.70$ 408.60$
6" Meter Charge per month 790.56$ 814.28$
8" Meter Charge per month 1,263.37$ 1,301.27$
Notes:
(1) Winter water usage determined as average monthly usage from December through February.
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL SETTING
PRE-APPROVED ENGINEERING NEWS RECORD
ADJUSTMENT INDEX FOR WASTEWATER RATES FOR
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS
========================================================================
WHEREAS, Resolution No. 201 9-42 approved annual wastewater rate increases in an amount not to exceed the percentage change in the Engineering News Record (ENR) Twenty Cities Annual Average Index , or three percent , beginning 2019 through January 2023. A Proposition 218 procedure was conducted that validated this action; and
WHEREAS, staff has regularly updated the Wastewater Utility Financial Plan with the assistance of the The Reed Consulting Group, Inc., of Sacramento; and
WHEREAS, the current water rate adjustment reflects a 3 percent increase.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby set pre- approved Engineering News Record adjustment index for usage-based and flat wastewater rates for residential, commercial and industrial customers as outlined on Exhibit A with the effective date of the increase to be July 1, 2022.
Dated: June 15, 2022
======================================================================== I hereby certify that Resolution No. 2022-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
Exhibit A
City of Lodi -- Wastewater Utility
Current and Proposed Wastewater Rates
Current July 2022
Percent Increase 3.0
Flat Rates ($/month)
1 Bedroom 28.71 $ 29.57$
2 Bedroom 38.27 $ 39.42$
3 Bedroom 47.84 $ 49.28$
4 Bedroom 57.41 $ 59.13$
5 Bedroom 66.98 $ 68.99$
6 Bedroom 76.55 $ 78.84$
7 Bedroom 86.12 $ 88.70$
Mobile Homes
Any Size 28.71 $ 29.57$
Schools
Students per SSU 37.23 $ 38.35$
Usage-Based Rates (1)
Monthly Usage Charge ($/CCF) (1) 2.97 $ 3.06$ 3/4" Meter Charge per month 26.14$ 26.92$
1" Meter Charge per month 42.11$ 43.37$
1 1/2" Meter Charge per month 81.35$ 83.79$ 2" Meter Charge per month 127.94$ 131.78$
3" Meter Charge per month 239.03$ 246.20$
4" Meter Charge per month 396.70$ 408.60$
6" Meter Charge per month 790.56$ 814.28$
8" Meter Charge per month 1,263.37$ 1,301.27$
Notes:
(1) Winter water usage determined as average monthly usage from December through February.
AGENDA ITEM G-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Public Hearing to Consider the Recommendation of the Planning Commission to Introduce and Waive First Reading of an Ordinance Amending Lodi Municipal Code Title 17 – Development Code, to 1) Add a new section 17.34.070.H to allow and regulate Community Electronic Message Signs at City -owned facilities and 2) R
evise the standards for signs in the GC and Industrial zoning districts to provide additional project identification signage opportunities M
EETING DATE: June 15, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: P ublic hearing to consider the recommendation of the Planning Commission to introduce and Waive First Reading of an ordinance Amending Lodi Municipal Code Title 17 – Development Code to 1)
A
dd a new section 17.34.070.H to allow and regulate Community Electronic Message Signs at City- owned facilities and 2) Revise the standards for signs in the GC and Industrial zoning districts to provide addi
tional project identification signage opportunities.
B
ACKGROUND INFORMATION: The proposed changes to the sign regulations in the Zoning Code address two issues:
• C
reating new opportunities for the City to allow private entities to install and operate electronic message signs on City-owned property; and
• Expanding the opportunities for on -site signage in the GC and Industrial zoning districts and clarify some existing regulations.
T
he proposed changes were presented to the Planning Commission on May 25, 2022, at which time the Commission voted to recommend that the City Council amend the Zoning Code to include the updated regulations.
P
ROPOSED REGULATIONS
S
taff’s proposed changes to the updated sign regulations are described below.
Electronic Message Signs on City Property
T
he City, which owns property and structures adjacent to many roadways in Lodi, has been approached by private entities seeking to lease space from the City in order to construct and operate electronic message signs. The leases would provide revenue for the City, as well as providing an opportunity for PH Title 17 Amend. Ordinance Industrial Signs
June 15, 2022
the City to display its own community service and emergency messages on the signs interspersed between the commercial messages.
To enable this opportunity in Lodi, proposed regulations for these “Community Electronic Message Signs” have been drafted by Planning staff and the City Attorney’s office. In summary, these regulations would:
• Create a new type of sign, to be placed on City-owned property only • Allow these signs to include an electronic message board • Allow ground-mounted, pole-mounted, and building-mounted signs • Establish maximum size and brightness standards for these signs • Allow these signs to display commercial messages for off-site businesses or activities • Require a conditional use permit (approved by the Planning Commission) • Require site plan and architectural review (by the SPARC)
These changes are similar to the recent changes approved by the City Council for freeway- oriented electronic signs and would allow the City to allow this new type of communication device on City-owned property.
Industrial Signs
To expand the opportunities for signs in the GC and industrial zoning districts, Planning has prepared suggested changes to these standards. The proposed changes would:
• Allow one free- standing monument sign of up to 300 square feet for each parcel, including parcels with only one business. The size of a monument sign would be based on the size of the parcel; only parcels of 15 acres or larger would qualify for the largest signs. • Clarify how sign area is calculated, based on street frontage. • Clarify how building-mounted sign area is apportioned in a building with multiple users. • Prohibit monument signs which include an electronic reader board. • Prohibit internally illuminated monument signs.
These regulations are very similar to commonly used commercial and industrial sign standards in other cities and would allow businesses to install signs to better identify their businesses and help customers find them.
Signs permitted by these proposed regulations would be reviewed and approved at a staff level, as is the case with permitted monument signs in other zoning districts.
The Council may wish to note that the Planning Commission requested additional clarification of some issues related to the calculation of sign sizes when they first reviewed the industrial sign regulations in April. These changes were presented to the Commission in May and are included in the proposed ordinance.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION
On May 25, 2022, the Planning Commission held a public hearing regarding the proposed regulations.
Following the public hearing, the Commission voted 4-0 to recommend that the City Council approve the proposed regulations.
PH Title 17 Amend. Ordinance Industrial Signs
June 15, 2022
CONCLUSION
The proposed regulations have been recommended by the Planning Commission. The Ordinance is ready for adoption, should the Council accept the recommendation of the Planning Commission.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
______________________________________
John R. Della Monica, Jr.
Community Development Director
Zoning Code Section 17.34.060.C.b PROPOSED CHANGES 5‐25‐22
3. GC and Industrial Districts. Each sign within the GC and industrial zoning districts shall comply with the following standards:
a. Size and Types of Signs Allowed. All signs located on parcels in the GG GC or an any industrial zoning district shall meet the following requirements:
i. The total allowed sign area for all signs on a any parcel, including building‐mounted and freestanding signs, shall be equal to one square foot of sign area per linear foot of all street frontages on adjacent public or private streets.
Example: A corner parcel with two frontages of 200 linear feet each would be allowed a total of 400 square feet of signage:
200 frontage + 200 frontage = 400 square feet of sign area
For parcels with a “flag lot” configuration, frontage shall be measured based on the width of the lot used for setback measurement per section 17.14.060.C.1.b of this Code.
ii. The total allowed sign area may be divided among building‐mounted and frrestandingfreestanding signs, provided that the size standards in this section are not exceededshall be the maximum combined area of all signs on the parcel, including building‐mounted and freestanding signs.
Example: A parcel with a total of 400 square feet of sign area could have one 84‐ square‐foot monument sign and 316 square feet of building‐mounted signs:
400 square feet of total sign area ‐ 84 square‐foot monument sign = 316 square feet of building mounted signs (400 ‐ 84 = 316)
‐OR‐
ii. 400 square feet of total sign area can be used entirely for 400 square feet of building‐mounted signs
iii. The sign area for building‐mounted signage in a building containing multiple businesses tenant spaces shall be apportioned based on the building frontage of each businessspace, measured at the front entrance to each space, as shown in the example below.
Example: In the example illustrated above, and assuming that 400 square feet of sign area was to be used for building‐mounted signs, each space would be assigned sign area as follows:
50% of building frontage = 50% of 400 SF = 200 square feet of building sign 30% of building frontage = 30% of 400 Sf = 120 square feet of building sign 30% of building frontage = 20% of 400 SF = 80 square feet of building sign
iv. Building‐mounted signs for each tenant may be placed on all exterior walls which enclose the tenant’s space. For a single‐tenant building, this will be all exterior walls.
Tenants in a multi‐tenant building are limited to placing signs on their exterior walls.
iv.v. No individual building‐mounted sign shall exceed 480 square feet in size.
v. Each parcel is permitted to have one freestanding monument sign, subject to the following:
The area of the freestanding sign shall be counted toward the maximum sign area for the parcel
The sign shall not exceed 84 square feet in area.
The sign may identify all businesses on the parcel.
If multiple tenants are shown on the sign, the area per tenant may be assigned as desired by the owner of the sign. It is not required that individual tenants be shown on a freestanding sign.
The sign shall not contain an electronic reader board. The sign may be externally illuminated or may have backlit letters mounted on an opaque background. Internally illuminated freestanding signs are prohibited. Maximum area for the freestanding sign shall be calculated as the gross square footage of the parcel divided by 2,178, up to a maximum sign size of 300 square feet. Example:
43,560 square foot parcel: 43,560/2,178 = 20 square feet
871,200 square foot parcel (20 acres): 871,200/2,178 = 400 square feet, but limited to maximum of 300 square feet
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 – DEVELOPMENT CODE – ARTICLE 3 “SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS”, CHAPTER 17.34 “SIGNS”, BY ADDING SECTION 17.34.070.H “ELECTRONIC MESSAGE SIGNS ON CITY PROPERTY” AND BY AMENDING SECTION 17.34.060.C.B.3 TO REVISE THE STANDARDS FOR SIGNS IN THE
GC AND INDUSTRIAL ZONING DISTRICTS
========================================================================
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.34 “Signs” is hereby amended by adding Section
17.34.070.H “Community Electronic Message Signs” as follows:
17.34.070 – Standards for Specific Sign Types
H. Electronic Message Signs on City Property
This sign type is intended to provide for the location of electronic message signs incorporating an illuminated LED panel at City-owned facilities throughout Lodi. Electronic Message Signs on City Property are subject to the following:
1. Locations.
a. Electronic Message Signs on City Property shall be placed only on City-owned or City- controlled property, regardless of the zoning of the property.
2. Sign Type. Electronic Message Signs on City Property must be one of the following types.
a. Monument (ground-mounted on a base)
b. Pole (elevated above the ground on a central support) c. Building-mounted (affixed to a building)
3. Brightness. The following standards apply to the brightness of Electronic Message Signs on City Property:
a. Maximum brightness of the LED panel for any sign is 7,500 nits. b. Brightness must be controlled to automatically adjust the sign to respond to ambient lighting conditions and reduce glare and spillover to adjacent properties. c. A lower maximum lighting level may be imposed through the Conditional Use Permit for an individual sign.
4. Enclosures and Supports. Sign enclosures and supports must be designed to be compatible with the architecture of buildings on the site.
2 5. Number and Spacing of Signs.
a. Any number of signs may be placed on a parcel, subject to approval by the Planning Commission.
b. No specific spacing is required between signs, except that the Planning Commission may impose a spacing requirement based on site-specific circumstances as part of the review of the Conditional Use Permit for an individual sign.
6. Height, Size, Hours of Operation, and Other Standards. Standards for the various types of Electronic Message Signs on City Property are as follows.
a. Monument Sign
i. Maximum height is ten (10) feet, including the height of the sign base. ii. Maximum screen size is four (4) feet high by eight (8) feet wide. iii. Sign may be single or double-sided. Size for a double-sided sign is calculated by measuring one sign face.
b. Pole Sign
i. Maximum height is twenty (20) feet. The maximum height to the bottom of the LED panel shall not exceed twelve (12) feet.
ii. The maximum screen size is six (6) feet high by twelve (12) feet wide. iii. The sign support must be at least one-third the width of the sign face.
c. Building-Mounted
i. The sign must be mounted to a vertical surface, such as a building wall or other architectural feature, provided that the top of the sign may not be more than forty-five (45) feet above the ground at the base of the wall.
ii. The sign may not project over the top of the wall on which the sign is placed. iii. Maximum screen size is eight (8) feet high by sixteen (16) feet wide.
d. Hours of Operation
i. Sign operation shall be limited to the hours 6 a.m. to 10:00 p.m., unless different hours are established as part of the Conditional Use Permit for the sign.
e. Content
i. The City may require that a reasonable amount of display time is provided to the City free of charge to allow the City to provide information to the public about civic events, City public information messages, emergency information, and the like. ii. Electronic Message Signs on City Property are not subject to any prohibition on off- site signs contained in this Code and may display commercial messages for businesses and activities not located on the site.
3 f. Conditions of Approval may include dimensional and operational standards which are more stringent than those specified in this section if needed to address site-specific conditions.
7. Approval Process.
a. All Electronic Message Signs on City Property require a Conditional Use Permit, which shall be reviewed and approved per section 17.40.040 of this Zoning Code. An application for a Conditional Use Permit for an Electronic Message Signs on City Property may be denied if the City, in light of evidence in the record, determines that the proposed sign is not appropriate for the proposed location.
b. All Electronic Message Signs on City property require site plan and architectural review approval by the Site Plan and Architectural Review Committee, per section 17.40.020 of this Zoning Code.
SECTION 2. Lodi Municipal Code Title 17 – Development Code Section 17.34.060.C.b.3, “GC and Industrial Districts,” shall be amended to read as follows:
3. GC and Industrial Districts. Each sign within the GC and industrial zoning districts shall comply with the following standards:
a. Size and Types of Signs Allowed. All signs located on parcels in the GC or any industrial zoning district shall meet the following requirements:
b. The total allowed sign area for all signs on a parcel, including building-mounted and freestanding signs, shall be equal to one square foot of sign area per linear foot of all street frontages on adjacent public or private streets.
Example: A corner parcel with two frontages of 200 linear feet each would be allowed a total of 400 square feet of signage:
4 200 frontage + 200 frontage = 400 square feet of sign area
For parcels with a “flag lot” configuration, frontage shall be measured based on the width of the lot used for setback measurement per section 17.14.060.C.1.b of this Code.
c. The total allowed sign area may be divided among building-mounted and freestanding signs, provided that the size standards in this section are not exceeded.
Example: A parcel with a total of 400 square feet of sign area could have one 84- square-foot monument sign and 316 square feet of building-mounted signs:
400 square feet of total sign area - 84 square-foot monument sign = 316 square feet of building mounted signs (400 - 84 = 316)
-OR-
400 square feet of total sign area can be used entirely for 400 square feet of building-mounted signs
d. The sign area for building-mounted signage in a building containing multiple tenant spaces shall be apportioned based on the building frontage of each space, measured at the front entrance to each space, as shown in the example below.
Example: In the example illustrated above, and assuming that 400 square feet of sign area was to be used for building-mounted signs, each space would be assigned sign area as follows:
50% of building frontage = 50% of 400 SF = 200 square feet of building sign 30% of building frontage = 30% of 400 Sf = 120 square feet of building sign 30% of building frontage = 20% of 400 SF = 80 square feet of building sign
iv. Building-mounted signs for each tenant may be placed on all exterior walls which enclose the tenant’s space. For a single-tenant building, this will be all exterior walls.
5 Tenants in a multi-tenant building are limited to placing signs on their exterior walls.
v. No individual building-mounted sign shall exceed 480 square feet in size.
v. Each parcel is permitted to have one freestanding monument sign, subject to the following:
• The area of the freestanding sign shall be counted toward the maximum sign area for the parcel
• The sign may identify all businesses on the parcel.
• If multiple tenants are shown on the sign, the area per tenant may be assigned as desired by the owner of the sign. It is not required that individual tenants be shown on a freestanding sign.
• The sign shall not contain an electronic reader board. • The sign may be externally illuminated or may have backlit letters mounted on an opaque background. Internally illuminated freestanding signs are prohibited. • Maximum area for the freestanding sign shall be calculated as the gross square footage of the parcel divided by 2,178, up to a maximum sign size of 300 square feet. Example:
43,560 square foot parcel: 43,560/2,178 = 20 square feet
871,200 square foot parcel (20 acres): 871,200/2,178 = 400 square feet, but limited to maximum of 300 square feet
SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to , and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application.
To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this____ day of _________, 2022
Approved this_ day of 2022
Attest:
MARK CHANDLER
Mayor
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss
l, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. _ was introduced at a regular meeting of the City Council of the City of Lodi held 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held 2022, by the following vote
AYES:
NOES;
ABSENT:
ABSTAIN:
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
I further certify that Ordinance No. _ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
OLIVIA NASHED
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
6 AGENDA ITEM H-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Accept Grant from The Library and Literacy Foundation for San Joaquin for the City of Lodi, Poet Laureate Program and Appropriate Funds ($15,000)
MEETING DATE: June 15, 2022
PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to accept grant from the Library and Literacy Foundation for San Joaquin for the City of Lodi, Poet Laureate Program and appropriate funds ($15,000).
BACKGROUND INFORMATION: The Library and Literacy Foundation for San Joaquin (Foundation) has a mission to support programs in our communities that foster literacy and promote the power of reading to enrich lives. The Foundation desires to support the founding of the City of Lodi’s first Poet Laureate Program.
The Poet Laureate Program shall support Lodi literacy programs and foster appreciation for poetry and its benefits through reading poetry at civic events, development of commemorative poems that express Lodi life, and providing workshops to the community. Goals include offering poetry workshops to the community, supporting Lodi Library’s early childhood and adult literacy programs, fostering an appreciation of poetry in the lives of community members and increasing community awareness of the benefits and importance of poetry and the literary arts.
The award of $15,000 will be granted for use beginning July 1, 2022 through July 30, 2025. Any unused funds at the end of each fiscal year (June 30) will be rolled over to the next fiscal year throughout the course of this agreement until the funds are exhausted.
Staff recommends that City Council authorize City Manager to accept the grant to develop the Poet Laureate Program over three (3) years and appropriate funds.
FISCAL IMPACT: Funding will give the City an opportunity to create a Poet Laureate program.
FUNDING AVAILABLE: $15,000 - 20600000.56452 (rev)
$15,000 - 20673405.72338 (exp)
_____ __________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
Christina Jaromay Akiliah Manuel Mills
Parks, Recreation and Cultural Services Director Library Director
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT FROM THE LIBRARY AND LITERACY
FOUNDATION FOR SAN JOAQUIN FOR THE CITY OF LODI POET
LAUREATE PROGRAM; AND FURTHER APPROPRIATING FUNDS
========================================================================
WHEREAS, the Library and Literacy Foundation for San Joaquin (Foundation) has a mission to support programs in communities that foster literacy and promote the power of reading to enrich lives; and
WHEREAS, the Foundation desires to support the founding of the City of Lodi’s first Poet Laureate Program; and
WHEREAS, the City’s Poet Laureate Program shall support Lodi literacy programs and foster appreciation for poetry and its benefits through reading poetry at civic events, development of commemorative poems that express Lodi life, and providing workshops to the community.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to accept a grant in the amount of $15,000 from the Library and Literacy Foundation for San Joaquin for the City of Lodi Poet Laureate Program; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate revenue in the amount of $15,000 to 20600000.56452 and appropriate expense in the amount of $15,000 to 20673405.72338 for use beginning July 1, 2022 through July 30, 2025; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 15, 2022
======================================================================== I hereby certify that Resolution No. 2022 -____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM H-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreement with Downtown Stockton Alliance for a Term of Twelve Months with the Option to Extend Twelve Months to Develop and Operate the Lodi Safety Ambassador Program in an Amount Not to Exceed $515,000 for Twenty-Four Months
M
EETING DATE: June 15, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Professional Services Agreement Downtown Stockton
Alliance for a t erm of twelve months with the option to extend twelve months to develop and operate the Lodi Safety Ambassador Program in an amount not to exceed $515,000 for twenty-four months
B
ACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020
San Joaquin Strategic Plan (“Strategic Plan”).
T
he Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services.
O
n October 6, 2021 , City Council approved the Access Center location at 710 N . Sacramento Street in Lodi and on April 20, 2022 City Council approved the operator(s) for the t emporary Emergency Shelter on the same site until the permanent Access Center can be completed.
A
long with these approvals , safety and security of the Access Center and surrounding neighborhood and key areas of downtown was discussed . With that in mind, staff looked at several options to accomplish this objective, including private security and Downtown Stockton Alliance – Safety Ambassador Program recommended by a local social service provider. After evaluation of the options staff is recommending moving forward with the Safety Ambassador Program.
S
taff is recommending the Downtown Stockton Alliance to develop and operate the Safety Ambassador Program in Lodi as they are uniquely qualified based on their demonstrated success in Stockton.
T
he Safety Ambassador Program will provide a multitude of services including:
• Patrol area identified in Exhibit A1 of the Professional Services Agreement • Interacting with unsheltered person and providing resources for assistance • Provide hospitality services by interacting with pedestrians in a polite and professional manner, helping offer information and directions
Safety Ambassador Program
June 15, 2022
• Identify, report, and correct conditions that adversely impact the assigned patrol route • Record the time, location, and nature of activities that are unusual, suspicious, or illegal activities and report to the appropriate agency and supervisor o Ambassadors will be required to have knowledge of local ordinances such as trespassing, panhandling, and other similar incidents that could occur within their route.
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Professional Services Agreement Downtown Stockton Alliance for a term of twelve months with the option to extend twelve months to develop and operate the Lodi Safety Ambassador Program for a not to exceed amount of $515,000 for twenty-four months.
FISCAL IMPACT: The cost for this agreement will be funded through General Fund surplus funds accrued as a result of c onservative pandemic budgeting, strong economic activity, and federal reimbursemen ts for pandemic related spending and approved by City Council on April 20, 2022.
FUNDING AVAILABLE: ARPA-22001.Contracts.GF
Revenue and appropriations are already included in the Community Development Department Budget.
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
1. Downtown Stockton Alliance Professional Services Agreement
1 AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and DOWNTOWN STOCKTON ALLIANCE, INC. non-profit public/priv ate partnership (hereinafter “CONTRACTOR”). Section 1.2 Purpose
CITY selected t he CONTRACTOR to pr ovide the services required in a ccordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agre ement with CONTRACTOR for SAFETY AMBASSADOR PROGRAM (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For C ommencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to w eather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. 2 Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services withi n the Scope of Services (Exhibit A) and is prepar ed t o and ca n perform all services specified therein. CONTRACTOR represents that i t has, or w ill have at t he time t his Ag reement i s
executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally requir ed for CONTRACTOR to practice its profession, and that CONTRACTOR sh
all, at i ts own cost and expense, k eep in effect during the life of this A greement all such licenses, permits, qualifications, insurance and appr ovals, and shall indemnify, defen d and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by
this Agr eement.
Section 2.6 Term
The term o f this A greement commences on July 1 , 2022 and terminates upon the completion of the Scope of Services or on June 30, 2023, whichever occurs first.
Section 2.7 Option t o Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional one (1)
-year extension; provided, City gives Contractor no less than thirty (30) days written notice
of its intent prior to expiration of the existing term. In the event City exercises any option
under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed two (2) years.
3 ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CO NTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
C ITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONT RACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
4 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
I n performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
I n performing services under this Agreement, CONTRACT OR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage C ONTRACTOR to th e fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees a nd costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers . CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
N either the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 5 Section 4.5 Responsibility of CITY
C ITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
C ONTRACTOR shall take out and maintain during the life of this Agreem ent, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
C ITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight deliver y, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Jennifer Rhyne
To CONTRACTOR: Do wntown Stockton Alliance, Inc.
125 Br
idge Pl, Third Floor
Stockton, CA 95202
Attn: Michael Huber
Section 4.9 Cooperation of CITY
C ITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CO NTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the 6 services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
C ITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CO NTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees T his Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 7 Section 4.15 Captions
T he captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 Integration and Modification
T his Agreement represents the entire understanding of CITY and CONTRACTOR as to those matt ers contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
A ll exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
T he invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
A ll documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authority
T he undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
I f the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agree ment. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.
Section 4.22 Gounterparts and Electronic Siqnatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.
ATTEST CITY OF LODI, a municipalcorporation
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
STEPHEN SCHWABAUER
City Manager
DOWNTOWN STOCKTON ALLIANCE,
I NC., non-profit public/private partnership
MICHAEL HUBER
Executive Director
By: By:
Name
Title:
Attachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit G - lnsurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: ARPA-22001.Gontracts.GF
(Business Unit & Account No.)
Doc lD:
CA:Rev.05.2O22.LT
8 Exhibit A & B
Safety Ambassador Patrolling Responsibilities:
Three (3) seven and a half (7.5) hour Lodi Safety Ambassadors will be assigned to patrol the assigned district Monday through Sunday fro m the hours of 10:00AM until 8:3 0AM to perform safety oversite of the area to remove trespassers and report to the Lodi Police Department any and all criminal activity.
Daily written reporting will be available through the Fulcrum Management system to Lodi City Management. Body and vehicle video reporting will be available through the Lodi Safety Ambassador Supervisor upon request. Each Ambassador will be required to take a thirty (30) minute lunch on each shift worked.
Administration/Misc.:
The Downtown Stockton Alliance will hire, train, supervise, contract, and insure all personnel, HR, and payroll; supply all tools, uniforms, supplies, and equipment needed for the completion of the contracted services provided; The Safety Ambassador(s) will field calls for services.
Cost Breakdown:
Line Item Monthly Annually
One time expenses for car equipment (Vehicle not included) $2,200.00 $2,200.00 Monthly vehicle costs I.E gas/maintenance $1,000.00 $12,000.00 Monthly labor x 6 employees 3x3days 3x4days@$25.00hr $18,000.00 $216,000.00 Above labor costs include Work Comp PR Taxes
Monthly subscriptions $150.00 $1,800.00
Monthly Admin/management $2,000.00 $24,000.00
Employee outfitting set up w/CPR & Pepper Spray Certs per x 6 $3,300.00 First year program start up in Red above $259,300.00
Optional - Taser w/ training per After 1 year of employement $650.00
Annual Operational Cost - 2nd year… Includes additional Uniforms $253,800.00
* These costs are estimates and prices may change
Please see map attached of service area as Exhibit A1
Not to Exceed $515,000
Exhibit A1
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a g eneral aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.
(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance describe d herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL FINDING DOWNTOWN
STOCKTON ALLIANCE UNIQUELY ABLE TO DEVELOP AND PROVIDE
SAFETY SERVICES; WAIVING FORMAL BIDDING PROCEDURES; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH DOWNTOWN STOCKTON ALLIANCE TO
DEVELOP AND OPERATE THE LODI SAFETY AMBASSADOR PROGRAM
========================================================================
WHEREAS, the Lodi City Council approved 710 North Sacramento Street as the location for the Access Center on October 6, 2021 per Resolution No. 2021-273; and
WHEREAS, the City is developing a permanent Access Center Emergency Shelter; and
WHEREAS, the Access Center will take approximately 18 months to develop; and
WHEREAS, there is an immediate need to begin assisting the unsheltered in Lodi by the development of a temporary emergency shelter; and
WHEREAS, the City sought out an operator for the Temporary Emergency Shelter that can meet the needs of individuals experiencing hom elessness that are seeking shelter and wraparound services; and
WHEREAS, Inner City Action, Inc., is able to operate the Temporary Emergency Shelter and provide shelter and additional wraparound services for the residents; and
WHEREAS, the Salvation Army is able to provide laundry and food service; and
WHEREAS, it is important to ensure the safety of the Access Center location, surrounding neighborhood, and key downtown areas; and
WHEREAS, staff evaluated options to provide safety services for the A ccess Center; and
WHEREAS, Downtown Stockton Alliance is uniquely qualified to develop and operate a Safety Ambassador program; and
WHEREAS, the initial term of the agreement will be twelve months , with an option to extend up to an additional twelve months; and
WHEREAS, the first year annual cost is $261,000, which includes one- time start -up expenses, and second year annual cost is $254,000, for a total of $515,000; and
WHEREAS, staff recommends the City Council authorize the City Manager to e xecute a Professional Services Agreement with Downtown Stockton Alliance to develop and operate the Lodi Safety Ambassador Program for a term of twelve months with the option to extend up to an additional twelve months, in an amount not to exceed $515,000 for twenty-four months.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby determine that Downtown Stockton Alliance is uniquely able to develop and operate the Safety Ambassador Program, and because of this, the City Council hereby finds that the method of purchase and contract negotiation on the P rofessional Services Agreement with the Downtown Stockton Alliance are in the best interests of the City and hereby waives the formal bidding procedures required under Lodi Municipal Code Section 3.20.070; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement to develop and o perate the Lodi Safety Ambassador Program with Downtown Stockton Alliance for a term of twelve months with the option to extend up to an additional t welve months, for an amount not to exceed $515,000 for twenty-four months; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 15, 2022
======================================================================== I hereby certi fy that Resolution No. 202 2-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-______
AGENDA ITEM H-03
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and the Lodi Police Mid-Management Organization for the Period July 1, 2022 through June 30, 2025
MEETING DATE: June 15, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the Lodi Police Mid-Management Organization for the period July 1, 2022 through June 30, 2025.
BACKGROUND INFORMATION: Representatives from the City of Lodi and the Lodi Police Mid-Management Organization (LPMO) have been bargaining over a successor Memorandum of Understanding (MOU) for the past three months and have reached a tentative agreement, subject to Council approval.
A redline strikeout version of the MOU is attached for Council review and approval. A summary of the key changes to the MOU are as follows:
The term of the MOU shall be from July 1, 2022 through June 30, 2025. Sixteen percent (16%) wage adjustment over the term of the contract as follows:
o Seven percent (7%) effective July 11, 2022;
o Five percent (5%) effective July 10, 2023; and
o Four percent (4%) effective July 8, 2024.
Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.81 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. Increase the Holiday Leave bank by ten (10) hours in recognition of Juneteenth holiday. Increase POST certification incentives by $50 per month as follows:
o Advanced POST certificate from $250 to $300 per month; o Supervisor POST certificate from $350 to $400 per month; and o Management POST certificate from $450 to $500 per month.
With recent retirements and several pending retirements within LPMO there is a need t o fill the vacancies as promotional opportunities from the Police Officer Association of Lodi (POAL) group. In order to attract qualified candidates into these leadership roles it is imperative f or the Police Department to provide compe titive wages and benefits. The Memorandum of Understanding before you tonight provides wage increases over the next three years that will provide competitive wages to mid-managers necessary to continue the success in the leadership of the organization over the years to come.
Staff recommends that the Council approve the MOU between the City and LPMO.
FISCAL IMPACT: The total long term annual cost of the proposed agreement is $470,000. The total cost of the term of the agreement is $1,042,000 as shown below.
Fiscal Year 2022/23 $ 217,000
Fiscal Year 2023/24 $ 355,000
Fiscal Year 2024/25 $ 470,000
Total Cost (3 years) $ 1,042,000
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fisc al Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
Attachment
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE LODI
POLICE MID-MANAGEMENT ORGANIZATION EFFECTIVE
JULY 1, 2022 THROUGH JUNE 30, 2025
========================================================================
WHEREAS, representatives from the City and the Lodi Police Mid -Management Organization (LPMO) have bargained in good faith and reached a tentative agreement on a successor MOU; and
WHEREAS, it is recommended that Council approve revisi ons to the Memorandum of Understanding with LPMO to include the following:
• The term of the MOU shall be from July 1, 2022 through June 30, 2025. • Sixteen percent (16%) wage adjustment over the term of the contract as follows:
o Seven percent (7%) effective July 11, 2022;
o Five percent (5%) effective July 10, 2023; and
o Four percent (4%) effective July 8, 2024.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $2,005.81 per month for family coverage;
o $1,542.71 per month for employee plus one dependent coverage; and o $771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Increase the Holiday Leave bank by ten (10) hours in recognition of Juneteenth holiday. • Increase the POST certification incentives by $50 per month as follows:
o Advanced POST certificate from $250 to $300 per month o Supervisor POST certificate from $350 to $400 per month o Management POST certificate from $450 to $500 per month
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and the Lodi Police Mid-Management Organization, effective July 1, 2022 through June 30, 2025.
Date: June 15, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held June 15, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
Exhibit A
AGENDA ITEM H-04
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving the Statement of Benefits between the City of Lodi and Lodi Fire Mid-Management for the Period July 1, 2022 through June 30, 2025 MEETING DATE: June 15, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving the Statement of Benefits between the City of Lodi and Lodi Fire Mid-Management for the period July 1, 2022 through June 30, 2025.
BACKGROUND INFORMATION: Representatives from the City of Lodi and Lodi Fire Mid-Management (LFMM) have been bargaining over a successor Statement of Benefits (SOB) for the past three months and have reached a tentative agreement, subject to Council approval.
A redline strikeout version of the SOB is attached for Council review and approval. A summa ry of the key changes to the SOB are as follows:
The term of the SOB shall be from July 1, 2022 through June 30, 2025. Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Seven percent (6%) effective July 11, 2022;
o Five percent (5%) effective July 10, 2023; and
o Four percent (4%) effective July 8, 2024.
Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.81 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. Increase the Chief Officer Certificate incentive by $150 per month for members in LFPP who complete the task book and obtain certification.
LFMM continues to partner with the City to maintain a high level of service at a reasonable cost to the community.
Both the City and LFMM recognize the need to offer competitive salary and benefit packages to attract and retain talented employees into these leadership positions . Both also recognize the need for the City to maintain its financial health. LFMM salary ranges are below the average and median for comparable position s in other agencies. The increases offered in this agreement bring those salaries closer to both average and median and
it is anticipated will keep them near this midpoint throughout the term of the contract . The agreement strikes a balance by providing enhanced salary to LFMM members at a reasonable cost to the City.
Staff recommends that the Council approve the Statement of Benefits between the City and LFMM.
FISCAL IMPACT: The total long term annual cost of the proposed agreement is $153,000. The total cost of the term of the agreement is $338,000 as shown below.
Fiscal Year 2022/23 $ 70,000
Fiscal Year 2023/24 $ 115,000
Fiscal Year 2024/25 $ 153,000
Total Cost (3 years) $ 338,000
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
Attachment
STATEMENT OF BENEF'ITS
BETWEEN
CITY OF LODI
AND
LODI F'IRE MID-MANAGEMENT (LF'MM)
JULY 1. 2022 - JUNE 30. 2025
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
Contents
ARTICLE II - DEFERRED COMPENSATION......... .............................4 ARTICLE III - FLEXIBLE SPENDING ACCOUNT 4
ARTICLE IV_BILINGUAL 4
ARTICLE V . EDUCATION INCENTIVE............ .,.........4 ARTICLE VI _ SPECIAL ASSIGNMENT pAY 5
ARTICLE VII _TEMPORARY UPGRADE... .....................6 ARTICLE VIII - JURY DUTY ...6
ARTICLE IX - LONGEVITYPAY ...6
ARTICLE XI - CATASTROPHIC LEAVE .........................8 ARTICLE XII - RETIREMENT .8
ARTICLE XIII - VACATION LEAVE .9
ARTICLE XIV - ADMINISTRATIVELEAVE ..............I0
ARTICLE XVI - LEAVE OF ABSENCE 1l
ARTICLE XVII - SICKLEAVE ................II
ARTICLE XVIII - SICKLEAVECONVERSION ..........II
ARTICLE XIV - SURVIVORS BENEFITS 13
ARTICLE XX - EXECUTIVEPHYSICAL EXAMINATION l3
ARTICLE XXII - DENTAL AND ORTHODONTIA INSURANCE t4
ARTICLE XXIII - VISION INSURANCE t4
ARTICLE XXVI - TINIFORM ALLOWANCE l5
ARTICLE XXVII - TUITION REIMBURSEMENT l5
ARTICLE XXVIII - 56.HOURWORKWEEK 15
ARTICLE XXIX - PERSONAL LIABILITY l5
ARTICLE XXX- GRIEVANCE PROCEDURE .................16
ARTICLE XXXI - DISCIPLINARY PROCEDURE.............. ..................I7 ARTICLE XXXII {ITY RIGHTS ..............I9
ARTICLE XXXIII -DEPARTMENT SANCTIONED TEAMS .20
ARTICLE XXXV - SEVERABILITY .20
ARTICLE XXXVI _ PARAMEDIC INCENTIVE RE-OPENER .21
2 Schedule A - Salary Schedules )7
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
F'IRE MID.MANAGEMENT CLASSIFICATIONS
Deputy Fire Chief
Fire Battalion Chief
ARTICLE I . SALARY
1.1 Effective August 27,2018, the City shall increase the salary ranges by three percent (3%) in exchange for a CaIPERS cost sharing agreement pursuant to California Government Code $20516; whereby Fire Mid-Management employees agree to pay three percent (3%) of the employer's normal pension cost of CaIPERS. The parties agree that should the parties negotiate the elimination of the three percent (3%) cost-sharing by the employee, the corresponding three percent (3o/o) salary adjustment is subject to reduction, elimination or change through the negotiation process.
1.2 Effective-luly_l_L2Q2Z the Citv shall a wase lncrease of six percent (60lo):
effective .lulv 0" 2023. the Citv shall nrov a wage increase of five nercent (5%o\: and effective July 8. 2024. the City shall provide a wage increase of four percent (47o). with i tvtng
will reeeive a three pe*eent (3olo) eest ef lil.ing a4it*stment,
1.3 As of July 1,20-+9, and lhA!_thige agreementeentraet is in effect, the City will maintain a20o/o salary differential between top step base pay of Fire Captain and top Step base pay of Battalion Chief. The differential shall be calculated the Fire a
Cantain and B ion Chief
ien
If after performing the calculation a20Yo or greater separation already exists, no further adjustments will be made. If after performing the calculation a separation of less than 20o% exists, the salary tables for all positions in the bargaining group will be adjusted upward by the percentage necessary to get to a20%o differential.
1.4 The City of Lodi and the Fire Mid-Management group agree that the term of this agreement is July 1,20222++9to June 30,2025W2.
J
fi+eeaBtein Fire Battalien Chief
Teehnieal Team lpeentive EMT lneentive
frSn+ay Cash Value ef 120 heurs Admin teave at base
Driver/eperater I neentive
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
H\.5 Althoush the Citv is not required to oerform or act on a salarv survev during the term of rh in the orranf o.^l--., ic narfnrmoA +ho (-.it,, and the LFMMIS that the salar), survey cities shall be as follows:
Chico Clovis Davis Fairfield
Merced M
Roseville Stockton Tracv Turlock
Vacaville Vi la Woodland
ARTICLE II - DEFERRED COMPENSATION
2.1 Employees may participate in the City's Deferred Compensation Plan
2.2 The City matches up to a maximum of 3.0%o of base salary.
ARTICLE III - FLEXIBLE SPENDING ACCOUNT
3.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; Pretax-Premium Onlv Plan (POP)
Medical Flexible Spending Account (FSA)
Dependent Care Flexible Spending Account (DCFSA)
3.2 Elections for the calendar year will be made each NovemberDeeember, or if a change in family status occurs. Effective in plan year 2018, the Medical Flexible Spending Account (FSA) will include a carryover provision which allows an active participant to automatically carryover up to the IRS limit$S0e to the new plan year. However, amounts over the limit$See would be forfeited after the final filing date, if left unclaimed.
ARTICLE IV - BILINGUAL
4.1 Employees shall have the same bilingual incentive as set forth in the LPF MOU.
ARTICLE V - EDUCATIONINCENTIVE
5.1 Education incentives will be available to eligible employees for specified degrees, certifications, and licenses.
Associate of Arts Degree - $50.00 per month if the:
a) AA Degree is in Fire Science or related field;
b) AA Degree is in a non-related field with a Fire Science Certificate from an accredited institution; or
c) Employee has AA Degree and is actively pursuing a Bachelor of Arts degree.
Or:
Bachelor of Arts Degree - $100.00 per month.
a.
b.
c.
4 5.2
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
If an employee possesses a Bachelor of Afts'B,4 degree, he/she will receive a maximum of $100.00 under Section 5.1?.
This ineentive in this subseetien 5,' is limited te empleyees hired prie- te Mareh l6; 2012,
5.3 Emergency Medical Technician $200.00 per month
5.4 Employees will receive education incentive pay upon completion of the required coursework for the following professional certifications through California State Fire Training:
Chief Fire Officer*
Company Officer*
Fire Investigator
Instructor Level III*
Fire Inspector I*
Community Risk Officer*
$250.00 or $100.00** per month
50.00 per month
12.50 per month
25.00 per month
25.00 per month
12.50 per month
*Certification title changes made by Califomia State Fire Training **Effective July 1. 2022, emnloyees who complete the Chief Fire Officer Task Book and who obtain the Chief Fire Officer certificate from the Office of the State Fire Marshall (OSFM) will receive an additional $150.00 per month (maximum of $250). Employees who obtained the Chief Fire Officer certification prior to December 30. 2016 (under the prior CAL FIRE certification nrogram) will receive an additional $150.00 oer month (maximum of $250). Employees who completed all of the required coursework but do not possess the Chief Fire Officer certificate" and did not cornplete the Chief Fire Officer Task Book. will receive no more than $100.00 per month.
5.5 Employees shall receive a maximum of $350.0025e$e per month for incentives listed in subsection 5.4. However, an additional $25.00 per month may be earned if the employee possesses a Hazardous Materials Specialist/Technician Certifi cate.
5.6 Persons possessing the aforementioned requirements shall not receive the incentive pay until such time as evidence of coursework completion is produced. Incentive pay shall be retroactive to the final course completion date up to a maximum of six (6) months from the date Human Resources received the required documentation.
ARTICLE VI - SPECIAL ASSIGNMENT PAY
6.1 Emnlovees who are assisned hv the Fi Chief to work on a one-time soecial or maior projectshallbepaidanadditional l0%oftheemployee'sreeularbasesalar)rwhileworking on the project. City Manager approval must be obtained prior to the employee workine on the special project. It is mutually agreed that assignments are at the sole discretion of the Fire Chief" subiect to City Manager approval. Employees in such positions acknowledge. as does Lodi Fire Mid-Management. that emplovees mav be transferred or removed from the special project on a non-punitive basis and that thev have no right to appeal from such transfer or removal.
5 FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
ARTICLB VII _ TEMPORARY UPGRADE
the Fire Ch h
Manaser- to a hisher classification in the ce of the incumbent for a neriod of three or more davs. shall receive a l0o/" wase i while in this status. However. in no event r hour exceed the
ernployee is temporarily upgraded. City Manaeer approval must be obtained prior to the employee working in the hisher classification.
ARTICLE VIII - JURY DUTY
E6.l All full-time regular employees are granted jury duty leave with pay. Any employee who is summoned to affend any court during the time regularly required for his employment for the purpose ofjury service shall be entitled, while so engaged and actually serving, to his regular compensation in addition to any jury duty compensation.
96.2 No employee shall be granted jury duty leave with pay in which such employee will be testifuing in behalf of oneself or as a witness in a court of law.
96.3 An employee serving on jury duty, who is not required to be in attendance at such jury duty for more than one half of the employee's normal working day is expected to return to his regular work assignment for the balance of the day. An employee seated on a jury shall not be scheduled for regular work during the twelve hours preceding the scheduled time for jury duty.
86/ If an employee covered by this Agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee shall receive his full pay while so doing, with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at one and one-half times hisftrer regular rate of pay, for the time spent in any appearance as required by this Article. The employee shall demand a witness fee and shall reimburse same to the City. As a prerequisite for payment to off-duty employees, the Fire Chief or his designee must be notified in writing ofthe off-duty appearance within seventy- two hours after the employee is subpoenaed or otherwise notified of the required court appearance. The employee shall demand a witness fee and shall reimburse the same to the City.
E6.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered by Jury Duty leave.
ARTICI,E, IXVII - LONGEVITY PAY
2+.1 After completing ten years of service with the Lodi Fire Department, employees shall receive an annual longevity pay in the amount of S1,500 in November ofthe year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Fire Department. Employees who have completed twenty years of service with the Lodi Fire Department will receive longevity pay in the amount of $3,000 in November ofthe year following completion of twenty full years of service and each year thereafter.
6 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
For the purposes of this article, all employees who as of October 3 I't meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Fire Department) shall receive the longevity pay associated with their years of service with the Lodi Fire Department.
ARTICLE XVil+ . OVERTIME
108.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), the following special provisions for the payment of overtime will apply. Employees shall be compensated for overtime at the time and one-half rate for time worked due to emergencies. Overtime for Fire non-shift employees is based on a 40 hour work week. Overtime for Fire shift employees is based upon a 56 hour work week. Emergencies shall be determined by the appropriate department head and include but are not limited to such events as:
Major storm damage requiring the dispatching of additional crews; The necessity to cover scheduled shifts;
Direct supervision of crews assigned to work during normal days off to accommodate the public;
Break down of equipment and/or systems requiring the presence of the mid- manager in order to restore service.
108.2 Overtime pay shall not be paid for the following:
r Staff meetings;
. Special projects;
I Conferences and seminars - except as noted below;
. Appearances before City Council and commissions;
o Public information presentations;
I Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labornegotiations, and recreation programs.
-1Q8.3 All overtime must be approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Manager. 1Q8.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour worked. -1Q8.5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the books at any time. Bargaining unit members shall be allowed to cash out up to a maximum of 144 hours of earned compensatory time off twice per year, in April and October.
a
a
a
a
7 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
l-q8.6 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher for the remaining compensatory balance.
108.7 Upon promotion into a Mid-Management position all previously accrued compensatory time must be paid or used prior to the promotion.
198.8 Deputy Fire Chief is considered an exempt classification not subject to any of the exceptions for overtime specified in this section. However, for the purposes of and in recognition of San Joaquin County Strike Team Agreements, the Deputy Fire Chief and Battalion Chiefs will be allowed to participate in Strike Team Operations and be eligible for overtime as provided for in said agreements.
ARTICLE +XI - CATASTROPHIC LEAVE
-L-19.1 Members of this bargaining group shall be covered by and subject to the Citywide Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual.
ARTICLE XII - RT,TIREMENT
12+4.1The City of Lodi provides retirement benefits through the Public Employees Retirement System (PERS). Employees shall receive the following retirement benefits. The following plan is available to employees hired priorto December 22,2012 and deemed to be "classic" employees by PERS:
Safety 3% @ 50 plan
o 1957 Survivors Benefit
r 1959 Survivors Benefit -3'd Level
r Employee shall pay the full employee share
of retirement costs (maximum of 9%) as
calculated by PERS in its annual actuarial
valuation
o Credit for Unused Sick Leave
o Military Service Credit as Public Service
o Single Highest Year
12+4.2 Employees hired after December 22,2012 and deemed to be "classic" employees by PERS shall have the following retirement benefit:
Safety 3% @ 55 plan
a
a
o 1957 Survivors Benefit
o 1959 Survivors Benefit -3'd Level
o Employee shall pay the full employee share
of retirement costs (maximum of 9%o) as
calculated by PERS in its annual actuarial
valuation
o Credit for Unused Sick Leave
r Military Service Credit as Public Service
8 FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
. Average of three highest consecutive years
12.3 City agrees to provide the following retirement program for employees deemed to be "new" employees by PERS under the Public Employee's Pension Reform Act of 2013 @EPRA):
o Safety 2.7% @ 57 plan
o 1957 Survivors Benefit
o 1959 Survivors Benefit - 3'd Level
o Average of three highest consecutive years
. Credit for Unused Sick Leave
r Military Service Credit as Public Service
. Employee shall pay the full employee share
of retirement costs as calculated by PERS in
its annual actuarial valuation
12+4.4 To the extent permitted by PERS law, the parties intend the following items to be considered PERSable compensation:
o Salary
o Department sanctioned teams
o Education/certification incentives
r Uniform allowance
r Longevity pay
r Bilingualpay
. Holiday pay
. FLSApay
12+4.5 Each employee in this unit shall pay three percent (3%) towards the employer's share of CaIPERS normal pension cost (cost-sharing).
ARTICLE XIII - VACATION LEAVE
-13++.1 Employees shall receive the following vacation benefits:
Employee's assigned to a forty (40) hour work week:
Beginning with:
Date of Hire:
6th year
l2thyear
15th year
2lstyear
22ndyear
23rdyear
24thyear
25thyear
Employee's assigned to Shift work (56 hour work week):
3.08 hours per pay period
4.62 hours per pay period
5.23 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
9 Be with:
Date of Hire:
6th year
I 5th year
21st year
22ndyear
23rdyear
24thyear
25th year/above
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
5.54 hours per pay period
8.31 hours per pay period
1 1.08 hours per pay period
1 1.65 hours per pay period
12.20 hours per pay period
12.76 hours per pay period
13.32 hours per pay period
13.88 hours per pay period
Vacation leave shall be used in increments of not less than quarter hours. Maximum vacation accrual (carry over) shall follow the City's Vacation Leave Policy. l3++.2 Members shall have the option of cashing out any vacation time in excess of 2 tours, or 80 hours for those who work a 4O-hour workweek. Members may request a cash-out of vacation at any time. Balances will be paid in the employee's regularly scheduled paycheck. A request to cash out vacation time must be in writing and submitted to the Finance Division.
ARTICLE XIVI - ADMINISTRATIVE LEAVE
lL2.l Employees will be given 80 hours of administrative leave (or 120 hours for shift personnel) per calendar year. Leave shall be taken in increments of not less than quarter hours.
Balances must be used prior to December 30 or they will be lost. lle.2 New employees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, with six point six seven (6.67) hours granted for each full calendar month remaining in the calendar year with a maximum of 80 hours. Shift employees will be granted 10 hours leave for each full calendar month remaining in the calendar year with a maximum of 120 hours.
UE3 Employees separating mid-year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with this section.
J4P.4 Employees are eligible to cash out all of their current Administrative Leave balance in any calendar year. A request to cash out Administrative Leave must be in writing and submitted to the Finance Division.
ARTICLE XVIII - HOLIDAYS
158.1 Effective January 2004, employees shall receive either 108 hours (non-shift) or 156 hours of holiday leave. In January of each year, every member's holiday account will be credited with the appropriate number of holiday hours. Employees hired mid-year or terminating mid-year shall have holiday hours credited or deducted at the rate of 6.0 hours for shift employees and 4.15 hours for non-shift employees per pay period. l0
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
15F.2 Holiday hours shall be taken in increments of not less than quarter hours and may not be carried into the following calendar year. Each year, the pay period in which December 1 falls, employees will be paid for the unused holidays at the straight-time rate.
ARTICLE XVIXW - LEAVE OF' ABSENCE
l6W.l The City and Fire Mid-Management mutually agree that inability to return to work after an employee's sick leave has been exhausted shall be eonsidered an urgent and substantial reason for the granting of a leave of absence in accordance with the Leave of Absence policy in the City of Lodi Administrative Policy Manual. 16M.2 The City interprets this Section as providing that the conditions under which an employee shall be restored to employment on the termination of leave of absence shall be stated as clearly as possible at the time by the City in conjunction with the granting of the leave of absence. The City reaffirms its policy that an employee's status as a regular full-time employee is not impaired by such leave of absence.
15M3 Employees who are placed in a Leave Without Pay status following the expiration of sick leave, vacation, or compensatory time off, such that the employee is no longer in a pay status shall not receive employer paid employment benefits. However, if the leave is for medical reasons the medical insurance will be carried for three months at the City's expense. Other health benefits may be continued at the employee's expense. 16M.4 Medical leave shall be in accordance with the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL) and/or other applicable state and federal laws.
ARTICLE XVII - SICK LEAVE
-LZ15.l Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40 hour work week and 5.54 hours for shift (56 hour work week) employees. There is no limit on the amount that can be accumulated. Total sick leave accrued is 12 days per year. Sick leave shall be taken in increments of not less than quarter hours. 17'+5.2 Employee's requesting an absence to care for an immediate family member are authorized to use up to 72 hours of accumulated sick leave. Generally no more than 120 hours of family sick leave shall be approved in one calendar year. An immediate family member is defined as: child (including biological, adopted or foster child, step-child, legal ward or a child to whom the employee stands in loco parentis, regardless of age or dependency status), parents (including biological, adoptive or foster parent, step-parent or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), spouse or domestic partnero grandparent, grandchild, or sibling (pursuant to definition of immediate family under AB 1522)
ARTICLE XVII - SICK LEAVE CONVERSION
-Lg+€.1 Employees hired prior to December 6,1995, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums under the following options:
ll
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
OPTION #1 - '?anfr"
The number of accumulated hours shall be reduced by 16-213% and the remaining balance converted into days. The days are then multiplied by the current monthly premium being paid for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will be placed into a "bank" to be used for medical insurance premiums for the employee, and if applicable, his/her dependents. For each year of employment over 10 years, 2.5Yowillbe added to the 50% used in determining "bank" amount. Total premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops.
Employees may also use their banks money to purchase Dental and/or Vision Insurance at the current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years,2.5yo shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement, subject to the cap shown in Section /!9.1. Any differences created by an increase in premiums must be paid for by the employee.
OPTION #3 -"Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for CaIPERS retirement purposes.
lE+6.2 Employees hired after December 6, 1995 will not have the option of converting unused sick leave time into medical insurance premiums as referenced in OPTION 1-2. The only option available to these employees is OPTION #3 "service Credit". If an individual previously qualified for the sick leave conversion option while in the United Professional Firefighters unit, they will retain their eligibility if promoted to Fire Mid-Management with an effective date of December 6,1995.
l-E+6.3 In the event an active employee dies before retirement and that employee is vested in the Sick Leave Conversion program (10 years) the surviving dependents have an interest in one-half (1/2) the value of the bank as calculated in section 186.1. -18]6.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion program to purchase medical insurance at the employee only premium for the same period as if the retiree had not died.
-l-E{6.5 A retiree or surviving dependent, upon expiration of City-paid coverage, if any, has the option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time.
-l-&{6.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 1E6.1; Option #2. t2
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
lE+4.7 Only one City of Lodi employee may carry dependent coverage for another City employee, therefore, upon retirement the employee may re-enroll as an individual into the health plan in order to take advantage of the Sick Leave Conversion program. -18+6.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate through the Sick Leave Conversion Bank option.
ARTICLE XIVXVTI . SURVIVORS BENEFITS
19#.1The City shall pay in accordance with 16.1 for health and dental benefits described in this MOU for the Surviving spouse and any minor children of any member of the Fire Mid- Management group who is killed or dies during the performance of official duties.
Premiums will continue to be paid by the City until such time such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either:
the children become adults, or
the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries.
ARTICLE XXXVHI - EXECUTIVE PHYSICAL EXAMINATION
20+8.1 Employees may elect to receive an executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee's physician:
. A complete office examination . An executive blood panel ' Urinalysis r Mammogram
' PaP smear . Chest X-ray
. EKG (resting)
W+e.2 Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in this section. Any additional tests judged necessary shall be the responsibility of the employee. Employees must submit all related receipts, affached to a claim voucher, to the Finance Department for reimbursement.
ARTICLE XXIXIX - INSURANCE
2l+9.1All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100%o premium for the employee's family category (Family, Employee+l, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excluding Porac) as of January 1,2014. If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional $692.81 per month for family or $532.92 for employee * I dependent will be added to either the employee's deferred compensation account or cash. A single employee who can show proof of group insurance will be eligible for $305.22. In order to qualify for this provision, proof of group insurance must be provided to the City.
a.
b.
l3
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
Effective July 1^2022Jaa+*t1.20-+& the City's contributions to the premiums for medical insurance coverage will be capped at the following rates and employees will be responsible for premium costs in excess of this amount:
Employee OnlySingle
-$ZZI.X
$6903e
Employee+ I $1.542.71 $l3Ss'39
Family $2.005.81${.+945+
2t+9.2 Only one City of Lodi employee may carry dependent coverage for another City employee. Co-payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi on a quarterly basis.
ARTICI,R, XXII DENTAI, A ORTHODONTIA URANCE
22.1 Employees are provided fully paid family dental insurance. 22e.2 Maximum benefits are $ I .250$*$00 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. 2229.3 Effective .lulv 1.2022. the Citv shall nrovi orthodontia benefits- un to a lifetime can of S 1.250 for each familv member covered under the dental nlan.
ARTICLE XXIII - VISION INSURANCE
n+t.l The City shall provide and pay for a vision care plan underwritten by VSP or comparable vision care plan. Such comparable vision care plan shall be the same as the plan offered to mid and executive management employees in the City. The plan shall have a S25 deductible, shall provide annual examinations and lenses. Frames are available every two years.
ARTICLE XXIVI - LIFE INSURANCE
UD.l Employees are provided with term life and accidental death/dismembermenf insurance at a benefit rate of $25,000. This benefit decreases after age 70 on a sliding scale, depending on age.
1+L2 Employees are provided with $100,000 of accident insurance while traveling on City business outside the City limits. Spouses are only covered while accompanying the City employee on City business, or while conducting business on behalf of the City. 4D3 Employees are also provided with a $25,000 accidental deathpolicy in the event of death resulting from a line-of-duty injury.
ARTICLE XXVSI - CHIROPRACTIC INSURANCE
2-5iB.l Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. Plan will allow up to a maximum of 40 visits per calendar year. Co- payments for services are $10.00.
14 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
258.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement.
ARTICLE XXVIXXIV - UNIFORM ALLOWANCE
264.1 The uniform allowance shall be $950.00 per year, paid bi-weekl), in the employee's regular payroll check.
ARTICLE XXVII - TUITION REIMBURSEMENT
425.1Tuition Reimbursement shall follow the City's Tuition Reimbursement Policy. ry25.2 Training Reimbursement
In addition to the City policy, individuals enrolling in courses offered by recognized professional organizations which are not accredited through a college or university shall be eligible for up to a maximum of $300 per fiscal year, to be paid upon the satisfactory completion of course work. Any expenses are subject to the approval of the Fire Chief.
ARTICLE XXVII - 56-HOUR WORK WEEK
-26.1The
work schedule will be a schedule of "56 hours per week" with two on-duty shifts in six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a24 day work cycle
U26.2If an employee assigned to a 56-hour work week schedule terminates his/her employment in the middle of a two week payroll cycle, the employee's pay for that cycle shall be computed by multiplying the number of days between the first day of the payroll cycle and the last shift worked by eight (8) hours or the number of actually worked in that payroll cycle, whichever is greater.
2326.3It is agreed that if the work schedule of a Fire Mid-Management employee is a 40-hour week, then all holiday, vacation, and sick leave benefits are based on a 40-hour week rather than a 56-hour week.
426.4In order to convert the hours for employees that move from a 40 hour work week to a 56- hour work week or from a 56-hour work week to a 40 hour work week, the following formulas will be applied:
For conversion from 40 to 56 hours
For conversion from 56 to 40 hours
Multiply by 1.4
Multiply by 0.7143
Thereafter, accruals shall be earned based on the assigned work schedule.
ARTICLE XXIXXXVII - PERSONAL LIABILITY
ry>7.1Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their capacity for the City of Lodi and/or from any cause of action for property damage, or damages for personal injury, t5
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
including death, sustained by person(s) as a result of a decision made in their capacity, except that:
a. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the city determines that:
1. The act or omissions was not within the scope of their employment; or
2. They acted or failed to act because of actual fraud, comrption, or actual malice; or
3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. b. The City is not required to but may pay any claim of judgment for punitive or exemplary damages under the following circumstances:
l. The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City.
2. At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City.
3. Payment of the claim ofjudgment would be in the best interests of the City.
ARTICLE XXXVII+- GRIEVANCE PROCEDURE
3928.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein :
Interpretation or application of any of the benefits listed herein.
Disputes as to whether a matter is proper subject for the Grievance procedure.
Disputes which may be of a "class action" nature filed on behalf of the employees or the City.
I .4ze.z Class action Grievances shall be submitted in writing to the City Manager or vice 3Q28.3 STEP ONE
Discussion between the employee and the immediate supervisor, who will answer within 15 work days. This step shall be taken within 30 days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 30x.4 STEP TWO
If a grievance is not resolved in the initial step, then Step Two shall be a discussion between the employee, and the Department Head who shall answer within fifteen work days. This a.
b,
c.
versa.
16 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
step shall be taken within fifteen work days of the date of the immediate Supervisor's answer in Step One.
3028.5 STEP THREE
If a grievance is not resolved in Step Two, Step Three shall be the presentation of the grievance, in writing, by the employee to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. The City Manager's decision shall be final and binding. Step Three shall be taken within fifteen work days of the date of the answer in Step Two.
3028.6 STEP FOUR
If a grievance is not resolved by the City Manager or designee, mediation may be requested (and the City will enter into) by the Fire Mid-Management group, upon which costs will be equally borne between the City and the LFMM.
ARTICLE XXXIXXIX - DISCPLINARY PROCEDURE
3l29.l Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated by the City department head for cause against any employee under his/her supervision.
Disciplinary actions in the form of termination or discharge shall be subject to final approval from the City Manager.
3ll9.2 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary Action shall be prepared in writing by the department head proposing the discipline and shall be served on the employee in person or by registered or certified mail.
Notice shall be served prior to the action becoming effective; however, where circumstances require immediate removal ofthe employee from the workplace, notice shall be provided within two (2) working days from the date the employee is removed from the workplace. Employees so removed shall be placed on paid leave pending imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also be filed with the Human Resources Director. The written Notice of Intended Disciplinary Action shall contain the following information:
l. The specific type of disciplinary action;
2. The effective date of the action;
3. The specific reason(s) or cause(s) for the actions;
4. Notice that the employee may inspect copies of all materials upon which the action is based, and
5. Notice that the employee has the right to respond orally or in writing within ten (10) days to the department head initiating the disciplinary action. No hearing before the City Manager is available to review oral or written reprimands.
An employee who responds orally or in writing to the department head shall be entitled to meet in an informal conference with the department head and shall be given the opportunity to rebut the charges against him/trer or to state any mitigating circumstances. In the case 17 FIRE MID.MANAGEMENT _ STATEMENT OF BENEFITS
of oral or written reprimand, the department head's decision shall be final. In the case of discharge, demotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind or modiff the proposed disciplinary action. The recommended proposed disciplinary action shall also be served on the employee. The recommendation shall contain:
6. The specific type of disciplinary action;
7. The specific reason(s) or cause(s) for the actions;
3-L29.3 Final Notice of Disciplinary Action: Following review of the department head's recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective date, and the employee's appeal rights.
1. Disciplinary action shall become effective on the date stated in the Final Notice of Disciplinary Action, unless the date is otherwise extended by the City Manager.
2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally to the employee or shall be sent by registered or certified mail.
31.29.4 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision. The employee may appeal disciplinary decisions by filing a written appeal with the Human Resources Director within fifteen (15) work days following service of the Final Notice of Disciplinary Action. The written appeal shall contain a written reply to the charges against the employee and written request for an appeal hearing. The employee shall submit a copy of the appeal to the city Manager. 31?9.5 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer selected through the Califomia State Mediation and Conciliation Services to hear the appeal and submit an advisory decision to the City Manager. Selection of the hearing officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers from the office ofthe California State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard ofreview and hearing procedures:
l. The appeal hearing shall be informal and strict rules of evidence shall not apply.
2. The parties will have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation.
3. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious.
l8
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
4. Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifuing and should be permitted to testify only in the presence of the employee or his4rer representatives and the City's representatives.
5. The appeal hearing will be held on the City's premises.
6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual.
Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decision, he/she may not substitute his/her judgment for that of management's as to the level of discipline imposed. Should the hearing officer not affirm the factual basis for the discipline, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation and/or correction consistent with the hearing officer's findings. In such a case, the hearing officer will have the authority to retain jurisdiction over the appeal to ensure compliance with the remand decision.
7 . The cost of the hearing officer shall be borne by the City. The parties will share equally the cost of the court reporter and each side will bear their respective costs of representation.
3-129.6 Any decision of the City Manager shall be final and binding. 3]D.7 Judicial review of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094.5
ARTICLE XXXI -CITY RIGHTS
323e.1lt is further understood and agreed between the parties that nothing contained in this statement of benefits shall be construed to waive or reduce any rights of the City, which incrude o*.*';:lJ#,i:t;:'ffiil1":Ti:'::T,li;ent
departments, commissions, and
boards
e Set standards ofservice
o Determine the procedures and standards of selection for employment : #i#il :wftlH :: ffil,T:"'0""T:*T' by wh i ch governm ent operations are conducted
r Take all necessary actions to carry out its mission in emergencies . Exercise complete control and discretion and the technology of performing its work.
City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate t9
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
reasons, to make and enforce standards of conduct and discipline, and to determine the content ofjob classifications.
ARTICLE XXXIII - DEPARTMENT SANCTIONED TEAMS
333+.1 It is the intent of the City to develop specialized teams to address a variety of special hazards and provide specialized services to the department or community. When a team is established, minimum standards for inclusion and retention as a team member shall be developed and ratified by the Fire Chief. Any member of the department who becomes a member of a recognized specializedteam, shall receive a2.5Yo salary increase for as long as he/she meets the minimum entry level requirements and maintains a minimum level of participation as outlined in the team membership requirements. Each employee of the department can only receive 2.5%o of salary for team membership, regardless of the number of teams the employee belongs to.
333+.2 Existing members of the Hazardous Materials Team shall remain members of the team and shall continue to receive the 2.5Yo salary increase. The three members of the department who meet the minimum requirements for inclusion on the Hazardous Material Team shall be able to join the team and receive the 2.5%o salary increase upon ratification of this contract. However, no additional team members shall be assigned to the Hazardous Material Team until the membership falls below 12 members. There shall be a six month period for the team to develop acceptable performance standards for maintaining his/her membership on the team.
3-13+.3 The development of new teams shall require the submittal of minimum entry level and performance criteria for maintenance of membership to the Fire Chief prior to the development of the team. The Fire Chief shall have the sole discretion as to the appropriate number of members per specialized team. The department shall make every effort to develop a cadre of specialized teams to adequately address the needs of its members. 333+.4 Effective March 5,2012,the2.5Yo salary increase resulting from membership in the above sanctioned teams was incorporated into base salary and the incentive pay was eliminated.
Each member of the department shall be a member of a sanctioned team and the scope and nature ofthe teams shall remain as detailed in this Article.
ARTICLE XXXIVI - COMPLETE AGREEMENT
342.1 The parties acknowledge that during the negotiations which resulted in this SOB, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the scope of negotiations, and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth in this SOB. Any other prior existing understanding or agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety.
ARTICLE XXXVUI - SEVERABILITY
353.1 In the event any provision of this SOB is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. 20 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
ARTICLE XXXVI - PARAMEDIC INCENTIVE RE.OPENER
36.1 As the City considers providing Advanced Life Sunport (ALS) services in the future. it will be necessary to staff all or a portion of Fire Mid Management ranks with paramedics. Both the City and Fire Mid Manaeement recoenize the additional work" level of responsibilit)' and specialized skill that is required of a paramedic ALS provider above and be),ond the current Basic Life Support required by current City of Lodi service levels. The Cit), and Fire Mid Management asree to continue discussing appropriate incentive levels for licensed paramedics in future ALS service. Both sides are committed to bargain for this incentive in eood faith with the eoal to have an agreement prior to enactment of anl/ ALS service. The negotiations will include discussions on an incentive for the LFMM member assigned to oversee the ALS program.
2l
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
SCHEDULE A - SALARY SCHEDULES
Effective July ll. 2022r2Q14
I nffective July 19.,20232-W
I nffective July 9+,2024?42+
Title Job Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 5100 7i1712022 5122,6!7.06 SLzB,747.u s 13s,18s.23 st4r,9M.46 5r49,ur]2 Battalion Chief - 112 5101 7/1712022 5122,617.06 5128,747.u S 135,185.23 514r,944.46 5r49,Mr.72 Deputy Fire Chief 6120 71tu2022 5747,140.36 sts4,497.28 Sr'2.222.rs S u0,333.30 S rz&a4g.go Title lob Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 6100 7/7012023 5r2s,747.sr s 13s,18s.23 5r4r,9M.49 S 149,041.68 s 1s6,493.81 Battalion Chief- 112 6101 7/to/2023 s128,747.97 s 13s,18s.23 5747,9M.4s S 149,041.68 s 1s6,493.81 Deputy Fire Chief 6120 ilrol2023 s!s4,497.38 st62,222.t4 S 170,333.26 5r78,U9.s7 st87,7s2.46 Title Job Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 6100 71812024 s 133,897.83 s 140,s92.64 5747,622.27 s 155,0O3.35 s 162,7s3.s6 Battalion Chief - 112 6101 7/812024 s 133,897.83 s 140,s92.64 5r4t,622.27 s 1ss 003.3s s 152,7s3.s6 Deputy Fire Chief 6720 7/8/2024 5760,677.28 s 168.711.03 5177,746.s9 $ 186,003.97 s 19s,304.16 22 FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
CITY OF LODI
A MLINICIPAL CORPORATION
LODI CITY FIRE MID-MANAGEMENT
Stephen Schwabauer
City Manager
Brad Doell
Representative
Date
Andrew Keys
Deputy City Manager
Date:_
Tim Ortegel
Representative
Date:_
Adele Post
Human Resources Manager
Date
APPROVED AS TO FORM:
Michael Alegre
Representative
Date
Janice D. Magdich
City Attorney
Date
,v
ATTEST:
Olivia Nashed
City Clerk
22 RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
STATEMENT OF BENEFITS WITH LODI FIRE MID-MANAGEMENT
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025
========================================================================
WHEREAS, representatives from the City and Lodi Fire Mid-Management (LFMM) have bargained in good faith and reached a tentat ive agreement on a successor Statement of Benefits; and
WHEREAS, it is recommended that Council approve revisions to the Statement of Benefits with LFMM to include the following:
• The term of the Statement of Benefits shall be from July 1, 2022 through June 30, 2025. • Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective July 11, 2022;
o Five percent (5%) effective July 10, 2023; and
o Four percent (4%) effective July 8, 2024.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $2,005.81 per month for family coverage;
o $1,542.71 per month for employee plus one dependent coverage; and o $771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Increase the Chief Fire Officer Certificate incentive by $ 150 per month for members in LFMM who complete the task book and obtain certification.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Statement of Benefits (Exhibit A) between the City of Lodi and Lodi Fire Mid-Management, effective July 1, 2022 through June 30, 2025.
Date: June 15, 2022
======================================================================== I hereby cert ify that Resolution No. 2022-__ was passed and adopted by the Lodi City Council in a regular meeting held June 15, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
STATEMENT OF BENEF'ITS
BETWEEN
CITY OF LODI
AND
LODI F'IRE MID-MANAGEMENT (LF'MM)
JULY 1. 2022 - JUNE 30. 2025
Exhibit A
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
Contents
ARTICLE II - DEFERRED COMPENSATION......... .............................4 ARTICLE III - FLEXIBLE SPENDING ACCOUNT 4
ARTICLE IV_BILINGUAL 4
ARTICLE V . EDUCATION INCENTIVE............ .,.........4 ARTICLE VI _ SPECIAL ASSIGNMENT pAY 5
ARTICLE VII _TEMPORARY UPGRADE... .....................6 ARTICLE VIII - JURY DUTY ...6
ARTICLE IX - LONGEVITYPAY ...6
ARTICLE XI - CATASTROPHIC LEAVE .........................8 ARTICLE XII - RETIREMENT .8
ARTICLE XIII - VACATION LEAVE .9
ARTICLE XIV - ADMINISTRATIVELEAVE ..............I0
ARTICLE XVI - LEAVE OF ABSENCE 1l
ARTICLE XVII - SICKLEAVE ................II
ARTICLE XVIII - SICKLEAVECONVERSION ..........II
ARTICLE XIV - SURVIVORS BENEFITS 13
ARTICLE XX - EXECUTIVEPHYSICAL EXAMINATION l3
ARTICLE XXII - DENTAL AND ORTHODONTIA INSURANCE t4
ARTICLE XXIII - VISION INSURANCE t4
ARTICLE XXVI - TINIFORM ALLOWANCE l5
ARTICLE XXVII - TUITION REIMBURSEMENT l5
ARTICLE XXVIII - 56.HOURWORKWEEK 15
ARTICLE XXIX - PERSONAL LIABILITY l5
ARTICLE XXX- GRIEVANCE PROCEDURE .................16
ARTICLE XXXI - DISCIPLINARY PROCEDURE.............. ..................I7 ARTICLE XXXII {ITY RIGHTS ..............I9
ARTICLE XXXIII -DEPARTMENT SANCTIONED TEAMS .20
ARTICLE XXXV - SEVERABILITY .20
ARTICLE XXXVI _ PARAMEDIC INCENTIVE RE-OPENER .21
2 Schedule A - Salary Schedules )7
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
F'IRE MID.MANAGEMENT CLASSIFICATIONS
Deputy Fire Chief
Fire Battalion Chief
ARTICLE I . SALARY
1.1 Effective August 27,2018, the City shall increase the salary ranges by three percent (3%) in exchange for a CaIPERS cost sharing agreement pursuant to California Government Code $20516; whereby Fire Mid-Management employees agree to pay three percent (3%) of the employer's normal pension cost of CaIPERS. The parties agree that should the parties negotiate the elimination of the three percent (3%) cost-sharing by the employee, the corresponding three percent (3o/o) salary adjustment is subject to reduction, elimination or change through the negotiation process.
1.2 Effective-luly_l_L2Q2Z the Citv shall a wase lncrease of six percent (60lo):
effective .lulv 0" 2023. the Citv shall nrov a wage increase of five nercent (5%o\: and effective July 8. 2024. the City shall provide a wage increase of four percent (47o). with i tvtng
will reeeive a three pe*eent (3olo) eest ef lil.ing a4it*stment,
1.3 As of July 1,20-+9, and lhA!_thige agreementeentraet is in effect, the City will maintain a20o/o salary differential between top step base pay of Fire Captain and top Step base pay of Battalion Chief. The differential shall be calculated the Fire a
Cantain and B ion Chief
ien
If after performing the calculation a20Yo or greater separation already exists, no further adjustments will be made. If after performing the calculation a separation of less than 20o% exists, the salary tables for all positions in the bargaining group will be adjusted upward by the percentage necessary to get to a20%o differential.
1.4 The City of Lodi and the Fire Mid-Management group agree that the term of this agreement is July 1,20222++9to June 30,2025W2.
J
fi+eeaBtein Fire Battalien Chief
Teehnieal Team lpeentive EMT lneentive
frSn+ay Cash Value ef 120 heurs Admin teave at base
Driver/eperater I neentive
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
H\.5 Althoush the Citv is not required to oerform or act on a salarv survev during the term of rh in the orranf o.^l--., ic narfnrmoA +ho (-.it,, and the LFMMIS that the salar), survey cities shall be as follows:
Chico Clovis Davis Fairfield
Merced M
Roseville Stockton Tracv Turlock
Vacaville Vi la Woodland
ARTICLE II - DEFERRED COMPENSATION
2.1 Employees may participate in the City's Deferred Compensation Plan
2.2 The City matches up to a maximum of 3.0%o of base salary.
ARTICLE III - FLEXIBLE SPENDING ACCOUNT
3.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; Pretax-Premium Onlv Plan (POP)
Medical Flexible Spending Account (FSA)
Dependent Care Flexible Spending Account (DCFSA)
3.2 Elections for the calendar year will be made each NovemberDeeember, or if a change in family status occurs. Effective in plan year 2018, the Medical Flexible Spending Account (FSA) will include a carryover provision which allows an active participant to automatically carryover up to the IRS limit$S0e to the new plan year. However, amounts over the limit$See would be forfeited after the final filing date, if left unclaimed.
ARTICLE IV - BILINGUAL
4.1 Employees shall have the same bilingual incentive as set forth in the LPF MOU.
ARTICLE V - EDUCATIONINCENTIVE
5.1 Education incentives will be available to eligible employees for specified degrees, certifications, and licenses.
Associate of Arts Degree - $50.00 per month if the:
a) AA Degree is in Fire Science or related field;
b) AA Degree is in a non-related field with a Fire Science Certificate from an accredited institution; or
c) Employee has AA Degree and is actively pursuing a Bachelor of Arts degree.
Or:
Bachelor of Arts Degree - $100.00 per month.
a.
b.
c.
4 5.2
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
If an employee possesses a Bachelor of Afts'B,4 degree, he/she will receive a maximum of $100.00 under Section 5.1?.
This ineentive in this subseetien 5,' is limited te empleyees hired prie- te Mareh l6; 2012,
5.3 Emergency Medical Technician $200.00 per month
5.4 Employees will receive education incentive pay upon completion of the required coursework for the following professional certifications through California State Fire Training:
Chief Fire Officer*
Company Officer*
Fire Investigator
Instructor Level III*
Fire Inspector I*
Community Risk Officer*
$250.00 or $100.00** per month
50.00 per month
12.50 per month
25.00 per month
25.00 per month
12.50 per month
*Certification title changes made by Califomia State Fire Training **Effective July 1. 2022, emnloyees who complete the Chief Fire Officer Task Book and who obtain the Chief Fire Officer certificate from the Office of the State Fire Marshall (OSFM) will receive an additional $150.00 per month (maximum of $250). Employees who obtained the Chief Fire Officer certification prior to December 30. 2016 (under the prior CAL FIRE certification nrogram) will receive an additional $150.00 oer month (maximum of $250). Employees who completed all of the required coursework but do not possess the Chief Fire Officer certificate" and did not cornplete the Chief Fire Officer Task Book. will receive no more than $100.00 per month.
5.5 Employees shall receive a maximum of $350.0025e$e per month for incentives listed in subsection 5.4. However, an additional $25.00 per month may be earned if the employee possesses a Hazardous Materials Specialist/Technician Certifi cate.
5.6 Persons possessing the aforementioned requirements shall not receive the incentive pay until such time as evidence of coursework completion is produced. Incentive pay shall be retroactive to the final course completion date up to a maximum of six (6) months from the date Human Resources received the required documentation.
ARTICLE VI - SPECIAL ASSIGNMENT PAY
6.1 Emnlovees who are assisned hv the Fi Chief to work on a one-time soecial or maior projectshallbepaidanadditional l0%oftheemployee'sreeularbasesalar)rwhileworking on the project. City Manager approval must be obtained prior to the employee workine on the special project. It is mutually agreed that assignments are at the sole discretion of the Fire Chief" subiect to City Manager approval. Employees in such positions acknowledge. as does Lodi Fire Mid-Management. that emplovees mav be transferred or removed from the special project on a non-punitive basis and that thev have no right to appeal from such transfer or removal.
5 FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
ARTICLB VII _ TEMPORARY UPGRADE
the Fire Ch h
Manaser- to a hisher classification in the ce of the incumbent for a neriod of three or more davs. shall receive a l0o/" wase i while in this status. However. in no event r hour exceed the
ernployee is temporarily upgraded. City Manaeer approval must be obtained prior to the employee working in the hisher classification.
ARTICLE VIII - JURY DUTY
E6.l All full-time regular employees are granted jury duty leave with pay. Any employee who is summoned to affend any court during the time regularly required for his employment for the purpose ofjury service shall be entitled, while so engaged and actually serving, to his regular compensation in addition to any jury duty compensation.
96.2 No employee shall be granted jury duty leave with pay in which such employee will be testifuing in behalf of oneself or as a witness in a court of law.
96.3 An employee serving on jury duty, who is not required to be in attendance at such jury duty for more than one half of the employee's normal working day is expected to return to his regular work assignment for the balance of the day. An employee seated on a jury shall not be scheduled for regular work during the twelve hours preceding the scheduled time for jury duty.
86/ If an employee covered by this Agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee shall receive his full pay while so doing, with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at one and one-half times hisftrer regular rate of pay, for the time spent in any appearance as required by this Article. The employee shall demand a witness fee and shall reimburse same to the City. As a prerequisite for payment to off-duty employees, the Fire Chief or his designee must be notified in writing ofthe off-duty appearance within seventy- two hours after the employee is subpoenaed or otherwise notified of the required court appearance. The employee shall demand a witness fee and shall reimburse the same to the City.
E6.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered by Jury Duty leave.
ARTICI,E, IXVII - LONGEVITY PAY
2+.1 After completing ten years of service with the Lodi Fire Department, employees shall receive an annual longevity pay in the amount of S1,500 in November ofthe year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Fire Department. Employees who have completed twenty years of service with the Lodi Fire Department will receive longevity pay in the amount of $3,000 in November ofthe year following completion of twenty full years of service and each year thereafter.
6 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
For the purposes of this article, all employees who as of October 3 I't meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Fire Department) shall receive the longevity pay associated with their years of service with the Lodi Fire Department.
ARTICLE XVil+ . OVERTIME
108.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), the following special provisions for the payment of overtime will apply. Employees shall be compensated for overtime at the time and one-half rate for time worked due to emergencies. Overtime for Fire non-shift employees is based on a 40 hour work week. Overtime for Fire shift employees is based upon a 56 hour work week. Emergencies shall be determined by the appropriate department head and include but are not limited to such events as:
Major storm damage requiring the dispatching of additional crews; The necessity to cover scheduled shifts;
Direct supervision of crews assigned to work during normal days off to accommodate the public;
Break down of equipment and/or systems requiring the presence of the mid- manager in order to restore service.
108.2 Overtime pay shall not be paid for the following:
r Staff meetings;
. Special projects;
I Conferences and seminars - except as noted below;
. Appearances before City Council and commissions;
o Public information presentations;
I Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labornegotiations, and recreation programs.
-1Q8.3 All overtime must be approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Manager. 1Q8.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour worked. -1Q8.5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the books at any time. Bargaining unit members shall be allowed to cash out up to a maximum of 144 hours of earned compensatory time off twice per year, in April and October.
a
a
a
a
7 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
l-q8.6 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher for the remaining compensatory balance.
108.7 Upon promotion into a Mid-Management position all previously accrued compensatory time must be paid or used prior to the promotion.
198.8 Deputy Fire Chief is considered an exempt classification not subject to any of the exceptions for overtime specified in this section. However, for the purposes of and in recognition of San Joaquin County Strike Team Agreements, the Deputy Fire Chief and Battalion Chiefs will be allowed to participate in Strike Team Operations and be eligible for overtime as provided for in said agreements.
ARTICLE +XI - CATASTROPHIC LEAVE
-L-19.1 Members of this bargaining group shall be covered by and subject to the Citywide Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual.
ARTICLE XII - RT,TIREMENT
12+4.1The City of Lodi provides retirement benefits through the Public Employees Retirement System (PERS). Employees shall receive the following retirement benefits. The following plan is available to employees hired priorto December 22,2012 and deemed to be "classic" employees by PERS:
Safety 3% @ 50 plan
o 1957 Survivors Benefit
r 1959 Survivors Benefit -3'd Level
r Employee shall pay the full employee share
of retirement costs (maximum of 9%) as
calculated by PERS in its annual actuarial
valuation
o Credit for Unused Sick Leave
o Military Service Credit as Public Service
o Single Highest Year
12+4.2 Employees hired after December 22,2012 and deemed to be "classic" employees by PERS shall have the following retirement benefit:
Safety 3% @ 55 plan
a
a
o 1957 Survivors Benefit
o 1959 Survivors Benefit -3'd Level
o Employee shall pay the full employee share
of retirement costs (maximum of 9%o) as
calculated by PERS in its annual actuarial
valuation
o Credit for Unused Sick Leave
r Military Service Credit as Public Service
8 FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
. Average of three highest consecutive years
12.3 City agrees to provide the following retirement program for employees deemed to be "new" employees by PERS under the Public Employee's Pension Reform Act of 2013 @EPRA):
o Safety 2.7% @ 57 plan
o 1957 Survivors Benefit
o 1959 Survivors Benefit - 3'd Level
o Average of three highest consecutive years
. Credit for Unused Sick Leave
r Military Service Credit as Public Service
. Employee shall pay the full employee share
of retirement costs as calculated by PERS in
its annual actuarial valuation
12+4.4 To the extent permitted by PERS law, the parties intend the following items to be considered PERSable compensation:
o Salary
o Department sanctioned teams
o Education/certification incentives
r Uniform allowance
r Longevity pay
r Bilingualpay
. Holiday pay
. FLSApay
12+4.5 Each employee in this unit shall pay three percent (3%) towards the employer's share of CaIPERS normal pension cost (cost-sharing).
ARTICLE XIII - VACATION LEAVE
-13++.1 Employees shall receive the following vacation benefits:
Employee's assigned to a forty (40) hour work week:
Beginning with:
Date of Hire:
6th year
l2thyear
15th year
2lstyear
22ndyear
23rdyear
24thyear
25thyear
Employee's assigned to Shift work (56 hour work week):
3.08 hours per pay period
4.62 hours per pay period
5.23 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
9 Be with:
Date of Hire:
6th year
I 5th year
21st year
22ndyear
23rdyear
24thyear
25th year/above
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
5.54 hours per pay period
8.31 hours per pay period
1 1.08 hours per pay period
1 1.65 hours per pay period
12.20 hours per pay period
12.76 hours per pay period
13.32 hours per pay period
13.88 hours per pay period
Vacation leave shall be used in increments of not less than quarter hours. Maximum vacation accrual (carry over) shall follow the City's Vacation Leave Policy. l3++.2 Members shall have the option of cashing out any vacation time in excess of 2 tours, or 80 hours for those who work a 4O-hour workweek. Members may request a cash-out of vacation at any time. Balances will be paid in the employee's regularly scheduled paycheck. A request to cash out vacation time must be in writing and submitted to the Finance Division.
ARTICLE XIVI - ADMINISTRATIVE LEAVE
lL2.l Employees will be given 80 hours of administrative leave (or 120 hours for shift personnel) per calendar year. Leave shall be taken in increments of not less than quarter hours.
Balances must be used prior to December 30 or they will be lost. lle.2 New employees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, with six point six seven (6.67) hours granted for each full calendar month remaining in the calendar year with a maximum of 80 hours. Shift employees will be granted 10 hours leave for each full calendar month remaining in the calendar year with a maximum of 120 hours.
UE3 Employees separating mid-year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with this section.
J4P.4 Employees are eligible to cash out all of their current Administrative Leave balance in any calendar year. A request to cash out Administrative Leave must be in writing and submitted to the Finance Division.
ARTICLE XVIII - HOLIDAYS
158.1 Effective January 2004, employees shall receive either 108 hours (non-shift) or 156 hours of holiday leave. In January of each year, every member's holiday account will be credited with the appropriate number of holiday hours. Employees hired mid-year or terminating mid-year shall have holiday hours credited or deducted at the rate of 6.0 hours for shift employees and 4.15 hours for non-shift employees per pay period. l0
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
15F.2 Holiday hours shall be taken in increments of not less than quarter hours and may not be carried into the following calendar year. Each year, the pay period in which December 1 falls, employees will be paid for the unused holidays at the straight-time rate.
ARTICLE XVIXW - LEAVE OF' ABSENCE
l6W.l The City and Fire Mid-Management mutually agree that inability to return to work after an employee's sick leave has been exhausted shall be eonsidered an urgent and substantial reason for the granting of a leave of absence in accordance with the Leave of Absence policy in the City of Lodi Administrative Policy Manual. 16M.2 The City interprets this Section as providing that the conditions under which an employee shall be restored to employment on the termination of leave of absence shall be stated as clearly as possible at the time by the City in conjunction with the granting of the leave of absence. The City reaffirms its policy that an employee's status as a regular full-time employee is not impaired by such leave of absence.
15M3 Employees who are placed in a Leave Without Pay status following the expiration of sick leave, vacation, or compensatory time off, such that the employee is no longer in a pay status shall not receive employer paid employment benefits. However, if the leave is for medical reasons the medical insurance will be carried for three months at the City's expense. Other health benefits may be continued at the employee's expense. 16M.4 Medical leave shall be in accordance with the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL) and/or other applicable state and federal laws.
ARTICLE XVII - SICK LEAVE
-LZ15.l Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40 hour work week and 5.54 hours for shift (56 hour work week) employees. There is no limit on the amount that can be accumulated. Total sick leave accrued is 12 days per year. Sick leave shall be taken in increments of not less than quarter hours. 17'+5.2 Employee's requesting an absence to care for an immediate family member are authorized to use up to 72 hours of accumulated sick leave. Generally no more than 120 hours of family sick leave shall be approved in one calendar year. An immediate family member is defined as: child (including biological, adopted or foster child, step-child, legal ward or a child to whom the employee stands in loco parentis, regardless of age or dependency status), parents (including biological, adoptive or foster parent, step-parent or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), spouse or domestic partnero grandparent, grandchild, or sibling (pursuant to definition of immediate family under AB 1522)
ARTICLE XVII - SICK LEAVE CONVERSION
-Lg+€.1 Employees hired prior to December 6,1995, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums under the following options:
ll
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
OPTION #1 - '?anfr"
The number of accumulated hours shall be reduced by 16-213% and the remaining balance converted into days. The days are then multiplied by the current monthly premium being paid for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will be placed into a "bank" to be used for medical insurance premiums for the employee, and if applicable, his/her dependents. For each year of employment over 10 years, 2.5Yowillbe added to the 50% used in determining "bank" amount. Total premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops.
Employees may also use their banks money to purchase Dental and/or Vision Insurance at the current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years,2.5yo shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement, subject to the cap shown in Section /!9.1. Any differences created by an increase in premiums must be paid for by the employee.
OPTION #3 -"Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for CaIPERS retirement purposes.
lE+6.2 Employees hired after December 6, 1995 will not have the option of converting unused sick leave time into medical insurance premiums as referenced in OPTION 1-2. The only option available to these employees is OPTION #3 "service Credit". If an individual previously qualified for the sick leave conversion option while in the United Professional Firefighters unit, they will retain their eligibility if promoted to Fire Mid-Management with an effective date of December 6,1995.
l-E+6.3 In the event an active employee dies before retirement and that employee is vested in the Sick Leave Conversion program (10 years) the surviving dependents have an interest in one-half (1/2) the value of the bank as calculated in section 186.1. -18]6.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion program to purchase medical insurance at the employee only premium for the same period as if the retiree had not died.
-l-E{6.5 A retiree or surviving dependent, upon expiration of City-paid coverage, if any, has the option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time.
-l-&{6.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 1E6.1; Option #2. t2
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
lE+4.7 Only one City of Lodi employee may carry dependent coverage for another City employee, therefore, upon retirement the employee may re-enroll as an individual into the health plan in order to take advantage of the Sick Leave Conversion program. -18+6.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate through the Sick Leave Conversion Bank option.
ARTICLE XIVXVTI . SURVIVORS BENEFITS
19#.1The City shall pay in accordance with 16.1 for health and dental benefits described in this MOU for the Surviving spouse and any minor children of any member of the Fire Mid- Management group who is killed or dies during the performance of official duties.
Premiums will continue to be paid by the City until such time such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either:
the children become adults, or
the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries.
ARTICLE XXXVHI - EXECUTIVE PHYSICAL EXAMINATION
20+8.1 Employees may elect to receive an executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee's physician:
. A complete office examination . An executive blood panel ' Urinalysis r Mammogram
' PaP smear . Chest X-ray
. EKG (resting)
W+e.2 Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in this section. Any additional tests judged necessary shall be the responsibility of the employee. Employees must submit all related receipts, affached to a claim voucher, to the Finance Department for reimbursement.
ARTICLE XXIXIX - INSURANCE
2l+9.1All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100%o premium for the employee's family category (Family, Employee+l, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excluding Porac) as of January 1,2014. If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional $692.81 per month for family or $532.92 for employee * I dependent will be added to either the employee's deferred compensation account or cash. A single employee who can show proof of group insurance will be eligible for $305.22. In order to qualify for this provision, proof of group insurance must be provided to the City.
a.
b.
l3
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
Effective July 1^2022Jaa+*t1.20-+& the City's contributions to the premiums for medical insurance coverage will be capped at the following rates and employees will be responsible for premium costs in excess of this amount:
Employee OnlySingle
-$ZZI.X
$6903e
Employee+ I $1.542.71 $l3Ss'39
Family $2.005.81${.+945+
2t+9.2 Only one City of Lodi employee may carry dependent coverage for another City employee. Co-payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi on a quarterly basis.
ARTICI,R, XXII DENTAI, A ORTHODONTIA URANCE
22.1 Employees are provided fully paid family dental insurance. 22e.2 Maximum benefits are $ I .250$*$00 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. 2229.3 Effective .lulv 1.2022. the Citv shall nrovi orthodontia benefits- un to a lifetime can of S 1.250 for each familv member covered under the dental nlan.
ARTICLE XXIII - VISION INSURANCE
n+t.l The City shall provide and pay for a vision care plan underwritten by VSP or comparable vision care plan. Such comparable vision care plan shall be the same as the plan offered to mid and executive management employees in the City. The plan shall have a S25 deductible, shall provide annual examinations and lenses. Frames are available every two years.
ARTICLE XXIVI - LIFE INSURANCE
UD.l Employees are provided with term life and accidental death/dismembermenf insurance at a benefit rate of $25,000. This benefit decreases after age 70 on a sliding scale, depending on age.
1+L2 Employees are provided with $100,000 of accident insurance while traveling on City business outside the City limits. Spouses are only covered while accompanying the City employee on City business, or while conducting business on behalf of the City. 4D3 Employees are also provided with a $25,000 accidental deathpolicy in the event of death resulting from a line-of-duty injury.
ARTICLE XXVSI - CHIROPRACTIC INSURANCE
2-5iB.l Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. Plan will allow up to a maximum of 40 visits per calendar year. Co- payments for services are $10.00.
14 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
258.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement.
ARTICLE XXVIXXIV - UNIFORM ALLOWANCE
264.1 The uniform allowance shall be $950.00 per year, paid bi-weekl), in the employee's regular payroll check.
ARTICLE XXVII - TUITION REIMBURSEMENT
425.1Tuition Reimbursement shall follow the City's Tuition Reimbursement Policy. ry25.2 Training Reimbursement
In addition to the City policy, individuals enrolling in courses offered by recognized professional organizations which are not accredited through a college or university shall be eligible for up to a maximum of $300 per fiscal year, to be paid upon the satisfactory completion of course work. Any expenses are subject to the approval of the Fire Chief.
ARTICLE XXVII - 56-HOUR WORK WEEK
-26.1The
work schedule will be a schedule of "56 hours per week" with two on-duty shifts in six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a24 day work cycle
U26.2If an employee assigned to a 56-hour work week schedule terminates his/her employment in the middle of a two week payroll cycle, the employee's pay for that cycle shall be computed by multiplying the number of days between the first day of the payroll cycle and the last shift worked by eight (8) hours or the number of actually worked in that payroll cycle, whichever is greater.
2326.3It is agreed that if the work schedule of a Fire Mid-Management employee is a 40-hour week, then all holiday, vacation, and sick leave benefits are based on a 40-hour week rather than a 56-hour week.
426.4In order to convert the hours for employees that move from a 40 hour work week to a 56- hour work week or from a 56-hour work week to a 40 hour work week, the following formulas will be applied:
For conversion from 40 to 56 hours
For conversion from 56 to 40 hours
Multiply by 1.4
Multiply by 0.7143
Thereafter, accruals shall be earned based on the assigned work schedule.
ARTICLE XXIXXXVII - PERSONAL LIABILITY
ry>7.1Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their capacity for the City of Lodi and/or from any cause of action for property damage, or damages for personal injury, t5
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
including death, sustained by person(s) as a result of a decision made in their capacity, except that:
a. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the city determines that:
1. The act or omissions was not within the scope of their employment; or
2. They acted or failed to act because of actual fraud, comrption, or actual malice; or
3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. b. The City is not required to but may pay any claim of judgment for punitive or exemplary damages under the following circumstances:
l. The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City.
2. At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City.
3. Payment of the claim ofjudgment would be in the best interests of the City.
ARTICLE XXXVII+- GRIEVANCE PROCEDURE
3928.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein :
Interpretation or application of any of the benefits listed herein.
Disputes as to whether a matter is proper subject for the Grievance procedure.
Disputes which may be of a "class action" nature filed on behalf of the employees or the City.
I .4ze.z Class action Grievances shall be submitted in writing to the City Manager or vice 3Q28.3 STEP ONE
Discussion between the employee and the immediate supervisor, who will answer within 15 work days. This step shall be taken within 30 days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 30x.4 STEP TWO
If a grievance is not resolved in the initial step, then Step Two shall be a discussion between the employee, and the Department Head who shall answer within fifteen work days. This a.
b,
c.
versa.
16 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
step shall be taken within fifteen work days of the date of the immediate Supervisor's answer in Step One.
3028.5 STEP THREE
If a grievance is not resolved in Step Two, Step Three shall be the presentation of the grievance, in writing, by the employee to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. The City Manager's decision shall be final and binding. Step Three shall be taken within fifteen work days of the date of the answer in Step Two.
3028.6 STEP FOUR
If a grievance is not resolved by the City Manager or designee, mediation may be requested (and the City will enter into) by the Fire Mid-Management group, upon which costs will be equally borne between the City and the LFMM.
ARTICLE XXXIXXIX - DISCPLINARY PROCEDURE
3l29.l Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated by the City department head for cause against any employee under his/her supervision.
Disciplinary actions in the form of termination or discharge shall be subject to final approval from the City Manager.
3ll9.2 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary Action shall be prepared in writing by the department head proposing the discipline and shall be served on the employee in person or by registered or certified mail.
Notice shall be served prior to the action becoming effective; however, where circumstances require immediate removal ofthe employee from the workplace, notice shall be provided within two (2) working days from the date the employee is removed from the workplace. Employees so removed shall be placed on paid leave pending imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also be filed with the Human Resources Director. The written Notice of Intended Disciplinary Action shall contain the following information:
l. The specific type of disciplinary action;
2. The effective date of the action;
3. The specific reason(s) or cause(s) for the actions;
4. Notice that the employee may inspect copies of all materials upon which the action is based, and
5. Notice that the employee has the right to respond orally or in writing within ten (10) days to the department head initiating the disciplinary action. No hearing before the City Manager is available to review oral or written reprimands.
An employee who responds orally or in writing to the department head shall be entitled to meet in an informal conference with the department head and shall be given the opportunity to rebut the charges against him/trer or to state any mitigating circumstances. In the case 17 FIRE MID.MANAGEMENT _ STATEMENT OF BENEFITS
of oral or written reprimand, the department head's decision shall be final. In the case of discharge, demotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind or modiff the proposed disciplinary action. The recommended proposed disciplinary action shall also be served on the employee. The recommendation shall contain:
6. The specific type of disciplinary action;
7. The specific reason(s) or cause(s) for the actions;
3-L29.3 Final Notice of Disciplinary Action: Following review of the department head's recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective date, and the employee's appeal rights.
1. Disciplinary action shall become effective on the date stated in the Final Notice of Disciplinary Action, unless the date is otherwise extended by the City Manager.
2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally to the employee or shall be sent by registered or certified mail.
31.29.4 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision. The employee may appeal disciplinary decisions by filing a written appeal with the Human Resources Director within fifteen (15) work days following service of the Final Notice of Disciplinary Action. The written appeal shall contain a written reply to the charges against the employee and written request for an appeal hearing. The employee shall submit a copy of the appeal to the city Manager. 31?9.5 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer selected through the Califomia State Mediation and Conciliation Services to hear the appeal and submit an advisory decision to the City Manager. Selection of the hearing officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers from the office ofthe California State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard ofreview and hearing procedures:
l. The appeal hearing shall be informal and strict rules of evidence shall not apply.
2. The parties will have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation.
3. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious.
l8
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
4. Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifuing and should be permitted to testify only in the presence of the employee or his4rer representatives and the City's representatives.
5. The appeal hearing will be held on the City's premises.
6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual.
Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decision, he/she may not substitute his/her judgment for that of management's as to the level of discipline imposed. Should the hearing officer not affirm the factual basis for the discipline, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation and/or correction consistent with the hearing officer's findings. In such a case, the hearing officer will have the authority to retain jurisdiction over the appeal to ensure compliance with the remand decision.
7 . The cost of the hearing officer shall be borne by the City. The parties will share equally the cost of the court reporter and each side will bear their respective costs of representation.
3-129.6 Any decision of the City Manager shall be final and binding. 3]D.7 Judicial review of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094.5
ARTICLE XXXI -CITY RIGHTS
323e.1lt is further understood and agreed between the parties that nothing contained in this statement of benefits shall be construed to waive or reduce any rights of the City, which incrude o*.*';:lJ#,i:t;:'ffiil1":Ti:'::T,li;ent
departments, commissions, and
boards
e Set standards ofservice
o Determine the procedures and standards of selection for employment : #i#il :wftlH :: ffil,T:"'0""T:*T' by wh i ch governm ent operations are conducted
r Take all necessary actions to carry out its mission in emergencies . Exercise complete control and discretion and the technology of performing its work.
City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate t9
FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
reasons, to make and enforce standards of conduct and discipline, and to determine the content ofjob classifications.
ARTICLE XXXIII - DEPARTMENT SANCTIONED TEAMS
333+.1 It is the intent of the City to develop specialized teams to address a variety of special hazards and provide specialized services to the department or community. When a team is established, minimum standards for inclusion and retention as a team member shall be developed and ratified by the Fire Chief. Any member of the department who becomes a member of a recognized specializedteam, shall receive a2.5Yo salary increase for as long as he/she meets the minimum entry level requirements and maintains a minimum level of participation as outlined in the team membership requirements. Each employee of the department can only receive 2.5%o of salary for team membership, regardless of the number of teams the employee belongs to.
333+.2 Existing members of the Hazardous Materials Team shall remain members of the team and shall continue to receive the 2.5Yo salary increase. The three members of the department who meet the minimum requirements for inclusion on the Hazardous Material Team shall be able to join the team and receive the 2.5%o salary increase upon ratification of this contract. However, no additional team members shall be assigned to the Hazardous Material Team until the membership falls below 12 members. There shall be a six month period for the team to develop acceptable performance standards for maintaining his/her membership on the team.
3-13+.3 The development of new teams shall require the submittal of minimum entry level and performance criteria for maintenance of membership to the Fire Chief prior to the development of the team. The Fire Chief shall have the sole discretion as to the appropriate number of members per specialized team. The department shall make every effort to develop a cadre of specialized teams to adequately address the needs of its members. 333+.4 Effective March 5,2012,the2.5Yo salary increase resulting from membership in the above sanctioned teams was incorporated into base salary and the incentive pay was eliminated.
Each member of the department shall be a member of a sanctioned team and the scope and nature ofthe teams shall remain as detailed in this Article.
ARTICLE XXXIVI - COMPLETE AGREEMENT
342.1 The parties acknowledge that during the negotiations which resulted in this SOB, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the scope of negotiations, and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth in this SOB. Any other prior existing understanding or agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety.
ARTICLE XXXVUI - SEVERABILITY
353.1 In the event any provision of this SOB is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. 20 FIRE MID-MANAGEMENT _ STATEMENT OF BENEFITS
ARTICLE XXXVI - PARAMEDIC INCENTIVE RE.OPENER
36.1 As the City considers providing Advanced Life Sunport (ALS) services in the future. it will be necessary to staff all or a portion of Fire Mid Management ranks with paramedics. Both the City and Fire Mid Manaeement recoenize the additional work" level of responsibilit)' and specialized skill that is required of a paramedic ALS provider above and be),ond the current Basic Life Support required by current City of Lodi service levels. The Cit), and Fire Mid Management asree to continue discussing appropriate incentive levels for licensed paramedics in future ALS service. Both sides are committed to bargain for this incentive in eood faith with the eoal to have an agreement prior to enactment of anl/ ALS service. The negotiations will include discussions on an incentive for the LFMM member assigned to oversee the ALS program.
2l
FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
SCHEDULE A - SALARY SCHEDULES
Effective July ll. 2022r2Q14
I nffective July 19.,20232-W
I nffective July 9+,2024?42+
Title Job Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 5100 7i1712022 5122,6!7.06 SLzB,747.u s 13s,18s.23 st4r,9M.46 5r49,ur]2 Battalion Chief - 112 5101 7/1712022 5122,617.06 5128,747.u S 135,185.23 514r,944.46 5r49,Mr.72 Deputy Fire Chief 6120 71tu2022 5747,140.36 sts4,497.28 Sr'2.222.rs S u0,333.30 S rz&a4g.go Title lob Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 6100 7/7012023 5r2s,747.sr s 13s,18s.23 5r4r,9M.49 S 149,041.68 s 1s6,493.81 Battalion Chief- 112 6101 7/to/2023 s128,747.97 s 13s,18s.23 5747,9M.4s S 149,041.68 s 1s6,493.81 Deputy Fire Chief 6120 ilrol2023 s!s4,497.38 st62,222.t4 S 170,333.26 5r78,U9.s7 st87,7s2.46 Title Job Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 6100 71812024 s 133,897.83 s 140,s92.64 5747,622.27 s 155,0O3.35 s 162,7s3.s6 Battalion Chief - 112 6101 7/812024 s 133,897.83 s 140,s92.64 5r4t,622.27 s 1ss 003.3s s 152,7s3.s6 Deputy Fire Chief 6720 7/8/2024 5760,677.28 s 168.711.03 5177,746.s9 $ 186,003.97 s 19s,304.16 22 FIRE MID-MANAGEMENT - STATEMENT OF BENEFITS
CITY OF LODI
A MLINICIPAL CORPORATION
LODI CITY FIRE MID-MANAGEMENT
Stephen Schwabauer
City Manager
Brad Doell
Representative
Date
Andrew Keys
Deputy City Manager
Date:_
Tim Ortegel
Representative
Date:_
Adele Post
Human Resources Manager
Date
APPROVED AS TO FORM:
Michael Alegre
Representative
Date
Janice D. Magdich
City Attorney
Date
,v
ATTEST:
Olivia Nashed
City Clerk
22