Manteca City Council
April 18, 2023

ATTACHMENT 2
Form B

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA

COUNTY OF
declares and says:

1. That he/she is the (owner, partner, representative, or agent) of , hereinafter referred to as
(CONTRACTOR) or (subcontractor).

2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Manteca, State of California.

3. That his/her proposal is genuine and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful Contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful Contract any advantage against the City of Manteca or any person interested in the proposed contract; and,

5. That the price or prices quoted in the proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful Contract on the part of the proposer or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.

I certify (or declare) under penalty of perjury, that the foregoing is true and correct.

Dated this day of , 20___, at , California.

Signed:

Title:

ATTACHMENT 2
Form C

CERTIFICATION OF ELIGIBILITY (LABOR STANDARDS)
The (Name of Proposer) hereby certifies
that it is not included on the United States Comptroller Generals Consolidated List of Persons or Firms currently Debarred for Violations of Various Public Contracts Incorporating Labor Standard Provisions.

Signed
Title
Date

ATTACHMENT 2

DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive. □ The Proposer certifies, to the best of its knowledge and belief, that the Proposer and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;

4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.

OR
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.) The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.

Company:

Name:

Title:

Signature:

Date:

Form D
ATTACHMENT 2

BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.

If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 USC § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 USC § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 USC § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § USC 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 USC § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification Company:

Name:

Title:

Signature:

Date:

Form E
ATTACHMENT 2

LOBBYING CERTIFICATION
This certification does not apply to contracts and subcontracts under $100,000. Offers that are not accompanied by a completed, applicable certification will be rejected as nonresponsive.

The Proposer certifies, to the best its knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The Proposer shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.

Company:

Name:

Title:

Signature:

Date:

Per paragraph 2 above, complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” if applicable.

Form F
ATTACHMENT 2

TAX LIABILITY CERTIFICATION
This certificate applies to all contracts.

The Proposer, certifies that:
(a) it has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) it has not been convicted of a felony criminal violation under any federal law within the preceding 24 months.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.

Company:

Name:

Title:

Signature:

Date:

Form G
ATTACHMENT 2

DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 USC §§ 3801 et al. are applicable to this certification.

Company:

Name:

Title:

Signature:

Date:

Form H
ATTACHMENT 2
Form I
RFP Process Integrity Rules
The City of Manteca pledge is for the procurement process for public transit operations services to be open, objective, carefully monitored, and understandable to all. The following rules will be adhered to and enforced:

BEGINNING ON THE DATE OF THE ISSUANCE OF THE RFP FOR PUBLIC TRANSIT

OPERATIONS SERVICES, AND ENDING ON THE DATE OF THE AWARD OF AGREEMENT FOR

PUBLIC TRANSIT OPERATIONS SERVICES, ALL COMMUNICATION INITIATED BY PROPOSERS

OR REPRESENTATIVES OF PROPOSERS AND THE CITY SHALL BE THROUGH GEORGIA

LANTSBERGER OF THE FINANCE DEPARTMENT OF THE CITY OF MANTECA AND SHALL BE IN WRITING (BY EMAIL OR LETTER). THE CONTACT INFORMATION IS AS FOLLOWS:

City of Manteca Finance Department
Attn: Juan Portillo, Transit Manager
1001 W. Center Street, Suite D
Manteca, CA 95337
Email: [email protected]

ANY ATTEMPT TO CONTACT OR INTERACT WITH ANY ELECTED OR APPOINTED OFFICIAL

FOR THE PURPOSE OF INFLUENCING THE SELECTION PROCESS WILL RESULT IN DISQUALIFICATION FROM THE SELECTION PROCESS.

ALL COMMUNICATIONS BETWEEN THE CITY AND INDIVIDUAL PROPOSERS WILL BE DOCUMENTED AND MAY BE TRANSMITTED SIMULTANEOUSLY TO ALL PROPOSERS.

ANY PROPOSER WHO FAILS TO RECOGNIZE OR UTILIZE THIS PROCESS OF COMMUNICATION WILL BE NOTIFIED OF ITS VIOLATION AND MAY BE SUBJECT TO DISQUALIFICATION.

PROPOSER must acknowledge and sign this statement as part of the RFP process. PROPOSER must return a signed copy of this statement with the RFP submittal.

On behalf of the entity I am authorized to represent, I understand and accept the rules established as set forth above.

Company Name:

Date:

Company Representative:

Title:

ATTACHMENT 2
Form J

CERTIFICATION REGARDING ALCOHOL MISUSE AND

PROHIBITED DRUG USE

1. As required by FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” at 49 CFR part 655, subpart I, the undersigned certifies that is has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FTA regulations, “Prevention of Alcohol Misuse and prohibited Drug Use in Transit Operations,” 49 CFR part 655.

2. The undersigned shall at all times comply with all applicable FTA regulations, policies, procedures and directives.

Signature
Name
Title
Date
Company Name

ATTACHMENT 2
Form K
ACKNOWLEDGEMENT OF “BEST VALUE” SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a “Best Value” basis, which the Federal Transit Administration’s (FTA) Best Practices Manual defines as follows:
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.

As a result, PROPOSER further acknowledges that pricing will not be the sole basis upon which Proposals are evaluated.

An individual authorized to bind the PROPOSER to this Agreement must sign below acknowledging and understanding of the foregoing.

Signature
Name
Title
Date
Company Name

ATTACHMENT 2
05/14
EXHIBIT 1
Insurance Requirements for Professional Services

INSURANCE REQUIREMENTS
Consultants 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 by the Consultant, his agents, representatives, employees or subcontractors.

Minimum Limits of Insurance: Coverage shall be at least as broad as:

Commercial General Liability
 Commercial General Liability Insurance with $2,000,000 minimum limit per occurrence.  If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.  Commercial General Liability Additional Insured Endorsement naming the following as insured on 2001 or earlier issued endorsement forms:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.

Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
 Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
 Automobile Liability Additional Insured Endorsement naming the following as additional insured:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.

Worker’s 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.

Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate
Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.

2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant’s insurance and shall not contribute with it.

APPENDIX G
ATTACHMENT 2
05/14

3. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.

Verification of Coverage
Consultant shall furnish the City with 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 Entity 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 of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.

Consultant 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 Entity has received a waiver of subrogation endorsement from the insurer.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.

SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

ATTACHMENT 2
Form J

PRICE PROPOSAL FORM
PROPOSER:

CONTRACTOR shall operate services as described in Request for Proposals, Agreement, and accompanying attachments.

CONTRACTOR Total payments shall be as follows:
**CITY provides 100% of transit fleet

PROJECTED

VEHICLE REVENUE
HOURS*
July 1, 2023 –
June 30, 2024
July 1, 2024 –
June 30, 2025
July 1, 2025 –
June 30, 2026
Fixed Route Vehicle
Hours 15,000 +15% 15,000 +15% 15,000 +15%
Paratransit Vehicle
Hours 4,400 +15% 4,400 +15% 4,400 +15%
* Actual hours may vary based on implementation of Short Range Transit Plan.

On behalf of the entity I am authorized to represent, I understand and certify the proposed rates and potential rate deductions as set forth above.

By: Title: Date:

Base Year 1
July 1, 2023 –
June 30, 2024
Base Year 2
July 1, 2024 –
June 30, 2025
Base Year 3
July 1, 2025 –
June 30, 2026
Fixed Monthly Cost
Rate Per Revenue
Hour**
TOTAL
PRICE

APPENDIX H
ATTACHMENT 2

PRICE PROPOSAL FORM

PROPOSER:

CONTRACTOR shall operate services as described in Request for Proposals, Agreement, and accompanying attachments.

CONTRACTOR Total payments shall be as follows:
**CITY provides 100% of transit fleet

PROJECTED
VEHICLE HOURS*
July 1, 2026 –
June 30, 2027
July 1, 2027 –
June 30, 2028
Fixed Route Vehicle
Hours 25,000 +15% 25,000 +15%
Paratransit Vehicle
Hours 8,750 +15% 8,750 +15%
* Actual hours may vary based on City Council action in levels of service.

On behalf of the entity I am authorized to represent, I understand and certify the proposed rates and potential rate deductions as set forth above.

By: Title: Date:

July 1, 2026 –
June 30, 2027
(Extension)
July 1, 2027 –
June 30, 2028
(Extension)
Fixed Monthly
Expense
Cost Per Vehicle
Hour**
TOTAL

AGREEMENT
PRICE
ATTACHMENT 2
Form K-1

LINE ITEM OPERATING BUDGET
PROPOSER:

Year 1
July 1, 2023 –
June 30, 2024
Year 2
July 1, 2024 –
June 30, 2025
Year 3
July 1, 2025–
June 30, 2026
Costs Fixed Variable Fixed Variable Fixed Variable
A. Salaries and Wages

1. Management

2. Supervisors/Dispatchers

3. Support Staff

4. Maintenance Staff

5. Drivers

6. Drivers: Training and Non-Revenue
B. Payroll Taxes and Fringe Benefits

1. Management

2. Supervisors/Dispatchers

3. Support Staff

4. Maintenance Staff

5. Workers Compensation: Staff

6. Workers Compensation: Drivers

7. Drivers

8. Drivers: Training and Non-Revenue
C. Facility Expense

1. Rent

2. Utilities

3. Phone

4. Facility Maintenance
D. Office Expenses

1. Office equipment lease/amortization

2. Office Supplies

3. Printing/copying
E. Insurance Expense

1. General Liability

2. Vehicle Liability

3. Performance Bond

4. Licenses
F. Maintenance Expense

1. Parts

2. Tires

3. Supplies and Materials
G. Vehicle Cleaning Expense

1. Vehicle cleaning expense
H. Equipment Purchase/Depreciation

1. Vehicles

2. Maintenance equipment

3. Office equipment
I. Miscellaneous Expense

1. Employee miscellaneous

2. Maintenance miscellaneous

3. Other miscellaneous
J. Startup Expense

1. (include detail in proposal write-up)
K. Profit and Overhead

1. Overhead

2. Profit
Total Fixed Cost
Total Variable Cost

TOTAL PROJECT COST
ATTACHMENT 2
Form K-2
PROPOSER:

Year 4 (Extension)
July 1, 2026– June
30, 2027
Year 5 (Extension)
July 1, 2027 – June
30, 2028
Costs Fixed Variable Fixed Variable
A. Salaries and Wages

1. Management

2. Supervisors/Dispatchers

3. Support Staff

4. Maintenance Staff

5. Drivers

6. Drivers: Training and Non-Revenue
B. Payroll Taxes and Fringe Benefits

1. Management

2. Supervisors/Dispatchers

3. Support Staff

4. Maintenance Staff

5. Workers Compensation: Staff

6. Workers Compensation: Drivers

7. Drivers

8. Drivers: Training and Non-Revenue
C. Facility Expense

1. Rent

2. Utilities

3. Phone

4. Facility Maintenance
D. Office Expenses

1. Office equipment lease/amortization

2. Office Supplies

3. Printing/copying
E. Insurance Expense

1. General Liability

2. Vehicle Liability

3. Performance Bond

4. Licenses
F. Maintenance Expense

1. Parts

2. Tires

3. Supplies and Materials
G. Vehicle Cleaning Expense

1. Vehicle cleaning expense
H. Equipment Purchase/Depreciation

1. Vehicles

2. Maintenance equipment

3. Office equipment
I. Miscellaneous Expense

1. Employee miscellaneous

2. Maintenance miscellaneous

3. Other miscellaneous
J. Startup Expense

1. (include detail in proposal write-up)
K. Profit and Overhead

1. Overhead

2. Profit
Total Fixed Cost
Total Variable Cost

TOTAL PROJECT COST
ATTACHMENT 2
Form K-3

START-UP DETAILS AND COSTS
Item # Item Description Proposed Start-up Cost

1. Office Supplies

2. Operator uniforms

3. Relocation costs

4. Training Costs

5. Wage/benefit Costs

6. Insurance

7. Inventory set-up costs

8. Leasehold improvements

9. Corporate support/profit

10. Recruitment Expenses

11. Recruitment Bonuses

12. Outside trainer lodging/travel

13. 14.

15. Other Miscellaneous Expenses (describe below)

16. 17.

18. 19.

20. 21.

22. 23.

24. 25.

TOTAL:
• This form should identify each component required for start-up of transit services, including the cost for each during the start-up period.

On behalf of the entity I am authorized to represent, I understand and certify the proposed rates as set forth above.

By: Title:

Date:

ATTACHMENT 2
Form L-1

STAFFING LEVELS & WAGES/SALARIES

FULL-TIME
Definitions:
“FTE” means the number of full time equivalent positions needed to operate the proposed services. Full time equivalents equal 2,080 hours.
“Wage/Salary” should either be the average hourly wage, or monthly salary. In the case of drivers, please indicate the number of drivers (FTEs) at differing hourly wage rates for this contract.

Job Classifications
Year 1
7/1/2023 – 6/30/2024
Year 2
7/1/2024 – 6/30/2025
Year 3
7/1/2025 – 6/30/2026
FTE Scale FTE Scale FTE Scale
Drivers
Drivers
Drivers
Drivers
Drivers
Dispatchers/Supervisors
General Manager
Office/Clerical Staff
Trainers
Utility Staff
Off-Site Personnel*
Total FTEs
Job Classifications
Year 4 (Extension)
7/1/26 – 6/30/27
Year 5 (Extension)
7/1/27 – 6/30/28
FTE Scale FTE Scale
Drivers
Drivers
Drivers
Drivers
Drivers
Dispatchers/Supervisors
General Manager
Office/Clerical Staff
Trainers
Utility Staff
Off-Site Personnel*
Total FTEs
Please list all benefits a full-time employee will be eligible to receive based on the terms of your price proposal. Include the time frame at which an employee is eligible to receive such benefits. *Please explain and justify any off-site personnel included in the price proposal.

ATTACHMENT 2
Form L-2

STAFFING LEVELS & WAGES/SALARIES

PART-TIME
Definitions:
“Wage/Salary” should either be the average hourly wage, or monthly salary. In the case of drivers, please indicate the number of drivers at differing hourly wage rates for this contract.

Job Classifications
Year 1
7/1/23 – 6/30/24
Year 2
7/1/24 – 6/30/25
Year 3
7/1/25 – 6/30/26
No. Scale No. Scale No. Scale
Drivers
Drivers
Drivers
Drivers
Drivers
Dispatchers/Supervisors
General Manager
Office/Clerical Staff
Trainers
Utility Staff
Off-Site Personnel*
No. of part-time
employees
Job Classifications
Year 4 (Extension)
7/1/26 – 6/30/27
Year 5 (Extension)
7/1/27 – 6/30/28
No. Scale No. Scale
Drivers
Drivers
Drivers
Drivers
Drivers
Dispatchers/Supervisors
General Manager
Office/Clerical Staff
Trainers
Utility Staff
Off-Site Personnel*
No. of part-time employees
Please list all benefits a part-time employee will be eligible to receive based on the terms of your price proposal. Include the time frame at which an employee is eligible to receive such benefits. *Please explain and justify any off-site personnel included in the price proposal.

ATTACHMENT 2

APPENDIX I

PERFORMANCE AND NON-COMPLIANCE ASSESSMENTS
Item Assessment Quantity Value Total
A. Service Standards
On-Time Departures
Percentage of On-Time Departures Falls Below 95% for
Fixed Route $500 (per month)
Percentage of On-Time Departures Falls Below 90% for
Fixed Route $750 (per month)
Percentage of On-Time Departures Falls Below 85% for
Fixed Route $1000 (per month)
Operating Ahead of
Schedule
Fixed Route-Bus Departing Time Point Prior to Scheduled Departure Time $100 (per incident)
Paratransit/Manteca Transit- Bus Departing earlier than 10 minutes Prior To Scheduled Pick Up Time $100 (per incident) Missed Trips
Fixed Route- Operating 20 Minutes or More Behind
Scheduled Time $200 (per missed trip)
Paratransit/Manteca Transit - Vehicle Arriving More Than 20 Minutes Late for a Scheduled Pick Up Time $200 (per missed trip) Failure to Pick Up
Passenger
Fixed Route- Failure to Pick Up Rider from any Fixed
Route Bus Stop $500 (per occurrence)
Paratransit/Manteca Transit - Failure to Pick Up Rider For Any Reserved Paratransit/Manteca Transit trip, Unless
Failure is the Fault of the Passenger
$500 (per occurrence)
Failure of Personnel to Notify Dispatch When Unable to
Board or Alight Person With Disabilities/Mobility-Impaired At Bus Stop
$100 (per occurrence)
Failure to Start Route
from Designated Stop
Failure to start a fixed-route from its proper bus stop at the Transit Station, Unless Failure is the Fault of the Passenger $300 (per occurrence) Service Denial Denial of service due to lack of available operators (not including same-day reservations) $100 (per occurrence)
Customer Complaints
Failure to notify CITY through email within 1 hour of
customer complaint received $50 (per occurrence)
Failure to follow-up with CITY on resolution of customer complaints within 48 hours $50 (per occurrence)
Number of Valid Customer/Passenger Complaints Exceeds
10 per month $50 (per month)
B. Reporting Requirements
Monthly Reports
Incorrectly Reported or Missing Operating Statistics,
Financial Information, or Back up Documentation for
monthly reports.
$100 (per error; $500 max/mo.)
Reports & Operating Statistics Submitted Later Than
Specified Time Frame (10th calendar day of the following month for Monthly Reports).
$50 (per late day; $500 max/mo.)
Incident Reporting
Failure to Provide Accident (if available from Manteca PD) and CONTRACTOR Incident Reports to City Within 24
Hours of Occurrence
$300 (per occurrence)
Failure to Submit Backup Documents and Photos with an
Accident/Incident Form Within 3 Business Days After
Accident/Incident
$200 (per occurrence)
Failure to Notify City Staff By Telephone Within One Hour of Accident/Incident $100 (per occurrence)
CHP Report Unsatisfactory Rating in Applicable Categories of Annual Highway Patrol Safety Compliance Report or Spot Check $2,000 (per occurrence) Daily Vehicle Inspection
Reports
Failure of Operators to Report Interior/Exterior Vehicle Damage, graffiti, and/or Vandalism on Post-Trip Inspection (DVI) forms.
$100 (per occurrence)
Failure to Complete Daily Vehicle Inspection (DVI) Report Before & After Vehicle is in Driver Possession (i.e., start of day at yard, change of operators at shift change, etc.) $100 (per occurrence)
C. Facilities
Facility Appearance &
Cleanliness
Non-Compliance with Facility Appearance & Cleanliness
Standard $100 (per occurrence)
Facility Opening &
Securement
Failure to Open or Close Transit Lobby in conformance with Established Business Hours $100 (per day; $500 max/mo.) Failure to Properly Secure Transit Facilities $500 (per occurrence) ATTACHMENT 2
Failure to Properly Store Transit Vehicles at Bus Yard
Overnight $500 (per occurrence)
Facility Fixtures
Any Instance Resulting in Detachment of Fueling Hose,
Nozzle, and/or Damage to Fueling Dispenser or Fueling
System
$4500 (per occurrence); All costs
in Repairs of Damaged
Equipment are Contractor’s
Responsibility
Any Instance Resulting in Damage to Farebox Probing
System or Loss of Probing Device or Loss of Farebox Key $4500 (per occurrence); All costs
in Repairs of Damaged
Equipment are Contractor’s
Responsibility
D. Personnel
Hiring & Staffing
Replacement of the following Key Personnel Positions:

General Manager, Dispatch/Operations Supervisor,
Training/Safety Manager, Maintenance Manager/Lead
Mechanic.
$500 (per day of vacancy); plus
total compensation of position
during period of vacancy
“Conditionally” hired employee performing job duties prior to receipt of background check and drug/alcohol testing results by CITY
$500 (per occurrence)
Insufficient personnel to provide appropriate customer
service levels during operating hours $500 (per day)
Failure to provide notice of employee no longer employed within 24 hours of employee’s last shift $100 (per occurrence) Failure to return any City property (keys/fobs/etc.) within 72 hours of employee’s last shift $500 (per occurrence)
Uniform Standards
ID Badge or Gate Access Card or Transit Station Door Fob Lost $50 (per occurrence)
Lost Facility Key $500 (per occurrence)
Non-Compliance with Uniform & Appearance Standard $50 (per occurrence) E. Equipment
ITS
Dispatch Fails to Assign Fixed Route Buses on CAD System in a Given Day. $100 (per occurrence)
Operator Intentionally Disables AVA System Volume $100 (per trip occurrence) Failure to have a working tablet in vehicle while in operation $100 (per occurrence) Failure to assign a Paratransit/Manteca Transit trip in dispatching software $100 (per occurrence)
F. Vehicle Operation Requirements
ADA / Safety
Failure to Announce Major Stops and Transfer Points as
Required by ADA, if AVA is Not Functioning. $100 (per trip occurrence) Failure to Report Inoperable Lift to Maintenance, Resulting in Known Lift Failure Put On Route $200 (per incident)
ADA / Safety
Failure to Provide Passenger With Alternative Means of
Transportation Within One Hour of Lift Failure $500 (per incident) Operator Fails to Properly Secure a Passenger in a Mobility Device, Including, but not Exclusive of Wheelchairs and Walkers, Prior to Being Transported
$500 (per occurrence)
Preventable Accidents
Total Vehicle Miles Between Preventable Accidents Falls Below 50,000 miles in One Quarter $1,000 (per quarter)
Total in-service miles fall under 5,000 between preventable road calls per month which causes delay in excess of ten (10) minutes
$200 (per occurrence)
Preventable Accidents in Vehicles Operated by Contractor Shall Not Exceed Past Five (5) Per Quarter. $1,000 (per quarter) Vehicle Cleanliness
Standard
Non-Compliance with Vehicle Appearance & Cleanliness
Standard $100 (per day; $500 max/mo.)
Personnel
Failure to ensure a sufficient number of operators, both regularly scheduled and extra board (cover or relief), to provide consistent and reliable service.
$500 (per occurrence)
G. General Rules
An assessment of $100 will be implemented for failure to comply with the following rules:

Drivers shall be responsible for keeping all vehicles clean and sanitary during their shift.
$100 (per occurrence)
Employees may only use vehicles in accordance with their assigned duties.

No one shall be permitted to solicit on the vehicle with the exception of personnel specifically authorized to do so by CITY.

ATTACHMENT 2
No animals, except service animals, shall be permitted on the vehicle, unless otherwise authorized in writing by the CITY.

Drivers shall follow fare collection procedures; utilizing the farebox system properly, recording ridership data in the format required by CITY.

Uniforms assigned to applicable staff must be worn at all times when on duty.

Driver shall comply with all Federal ADA rules and
regulations; including announcing scheduled fixed route bus stops.

An assessment of $500 will be implemented for failure to comply with the following rules:

Failure of Contractor to Maintain Sufficient Fuel in Vehicle; (All Costs in Moving Vehicle Are Contractor’s
Responsibility)
$500 (per occurrence)
No using personal cellular telephones or other personal communication devices while the vehicle is in revenue
service. Contact from third parties shall be allowed only through dispatch.

CONTRACTOR staff shall abide by all Seat Belt Use laws
while providing service as outlined in this CONTRACT.

While in uniform, or at work, no employee shall purchase, consume, or be under the influence of any narcotic,
intoxicant, harmful drug, or prescription drugs that impair performance.

Employees must conduct themselves and operate vehicles in a safe and courteous manner at all times.

All information regarding accidents and incidents shall be confidential. Employees shall refrain from speaking to
anyone concerning any accident or incident unless it is to the police, CITY staff, the CITY’S Insurance Carrier or other person(s) involved in the accident as required by law.

Anyone under the influence of any intoxicant, narcotic, or harmful drug, who endangers the safety of the driver, other passengers, him or herself, or vehicle equipment, shall not be permitted on the vehicle.

No vehicle shall stop at an unsafe location. Whenever
practical, paratransit stops shall be made at a curb.

No vehicle shall be operated when its condition is unsafe or uncertain.

No driver shall operate the wheelchair ramp or lift until they have received the mandated training; and if there is any doubt whatsoever about the mechanical condition of the
ramp/lift or safety of the passenger as a result of using the ramp/lift. Wheelchair ramp/lift operation shall be in
compliance with the methodology recommended by the
OEMs.

Drivers shall not be allowed to leave their vehicle unattended when passengers are on-board, except when picking up
another paratransit passenger, and vehicle must remain in sight of the driver. Transmission must be placed in park, the parking brake must be set and the engine turned off. Drivers shall take the key with them when disembarking the vehicle.

Doors on unattended vehicles shall be kept closed at all times. Drivers must inform and confirm with dispatch before leaving a bus unattended.

No vehicle shall be fueled while passengers are on-board.

Drivers shall notify Dispatcher or Road Supervisor
immediately after an incident.

Drivers shall not drop off passengers other than at an
approved bus stop, unless road construction deviation
requires it.

Driver shall not deviate from established route assignment unless previously permitted to do so by Road Supervisor or Dispatcher.

ATTACHMENT 2
1 | Page
Manteca, CA
AND
Local Union No. 439
July 1, 2021 – June 30, 2025

ATTACHMENT
Appendix J
2 2 | Page

TABLES OF CONTENTS
ARTICLE 1 TERM OF AGREEMENT PAGE 3
ARTICLE 2 RECOGNITION PAGE 3
ARTICLE 3 PARTICIPATION PAGE 3
ARTICLE 4 MANAGEMENT RIGHTS PAGE 4
ARTICLE 5 REPRESENTATIVES’ RIGHTS PAGE 6
ARTICLE 6 BULLETIN BOARDS PAGE 7
ARTICLE 7 AFFIRMATIVE ACTION PAGE 8
ARTICLE 8 NO STRIKE, NO LOCKOUT PAGE 8
ARTICLE 9 DISCIPLINE PAGE 8
ARTICLE 10 GRIEVANCE PROCEDURE PAGE 12
ARTICLE 11 CATEGORIES OF EMPLOYEES PAGE 14
ARTICLE 12 HOURS OF WORK & PAY PAGE 15
ARTICLE 13 SENIORITY PAGE 15
ARTICLE 14 BIDDING PAGE 17
ARTICLE 15 DRUG AND ALCOHOL PROGRAM PAGE 17
ARTICLE 16 MEAL & REST PERIODS PAGE 17
ARTICLE 17 COMPLETE AGREEMENT PAGE 17
ARTICLE 18 DRIVE PAGE 18
ARTICLE 19 SAVINGS CLAUSE PAGE 18
ARTICLE 20 HOLIDAYS AND PAID TIME OFF (PTO) PAGE 18
ARTICLE 21 WAGES PAGE 19
ARTICLE 22 HEALTH AND WELFARE PAGE 20
ARTICLE 23 RETIREMENT PAGE 20
ARTICLE 24 UNIFORMS PAGE 21
ARTICLE 25 BEREAVEMENT LEAVE PAGE 21
ARTICLE 26 JURY DUTY PAGE 21
ARTICLE 27 LEAVES OF ABSENCE AND PAID SICK LEAVE PAGE 21 ARTICLE 28 DURATION PAGE 22
APPENDIX “A” NELLC HEALTH PLAN PAGE 23
APPENDIX “B” 401 K NATIONAL PLAN PAGE 23
APPENDIX “C” DURHAM SCHOOL SERVICE DRUG & ALCOHOL POLICY PAGE 23 ATTACHMENT 2
3 | Page
ARTICLE 1 - TERM OF AGREEMENT
This agreement is entered into effective this first day of July, 2021 by and between National Express Transit Corporation (hereinafter referred to as the “Company”) and Teamsters Local Union Number 439 (hereinafter referred to as the “Union”). Its purpose is the promotion of harmonious relations between the company and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work and other conditions of employment.

ARTICLE 2 – RECOGNITION
Section 2.1 - Bargaining Representative. The Company recognizes the Union as the exclusive bargaining agent for all employees (hereinafter referred to as the “Operators”) in the bargaining unit.

Section 2.2 - Covered Employees. The bargaining unit includes all regular full and part-time Operators working under any contract between the Company and the City of Manteca, California, employed at 220 Moffat Boulevard, Manteca, California 95336, excluding office clerical employees, professional employees, road supervisors, dispatchers, guards and supervisors as defined in the Act.

ARTICLE 3 – PARTICIPATION
Section 3.2 - Membership. An Operator assigned to a covered classification who is employed by the Company on the date of contract ratification, as a condition of employment, will become and remain a member in good standing of the Union, not later than the 31st day following the Operator’s completion of training or the contract ratification date, whichever is later.

Section 3.3 - Check off. The Company will give a Union membership application to each Operator during initial training, and will forward complete applications to the Union. Membership as used herein shall mean only an obligation of an Operator to pay periodic dues and initiation fess uniformly required, or in the event that the Operator objects to full dues and initiation fees, only to the obligation to pay periodic dues and initiation fees, as required by law.

Section 3.4. It is further agreed that the Company shall deduct the initiation fees and dues from the pay of each Operator and shall forward all such fees and dues so deducted to the office of the Union each month. Such initiation fees and dues shall be deducted upon the basis of a dues deduction form voluntarily executed by the Operator.

Section 3.5. Where an Operator who is on Check-off is not on the payroll during the week in which the deduction is to be made, or has no earnings, or insufficient earnings during the week, or is on leave of absence, the Operator must make arrangements with the Union to pay such dues before the end of the month.

ATTACHMENT 2
4 | Page
Section 3.6. In the event an Operator fails to apply for or maintain his/her membership in the Union, after notice of his/her obligation to do so and opportunity to correct any failure to apply or failure to maintain membership, the Union may give the Company notice of this fact and the employment of such Operator may be terminated by the Company.

Section 3.7. The Union shall indemnify the Company and hold it harmless against any and all claims, demands, suits, or other forms of liability of any kind which may arise out of or by reason of actions taken by the Company for the purpose of complying with this Article.

ARTICLE 4 - MANAGEMENT RIGHTS
Section 4.1 - Company Rights. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives and functions are retained and vested exclusively in the Company, in accordance with its sole and exclusive judgment and discretion, including but not limited to these rights:
(a) To reprimand, suspend, discharge, or otherwise discipline Operators for just cause and to determine the number of Operators to be employed.
(b) To hire Operators, determine their qualifications and assign and direct their work; to promote, demote, transfer, lay off, and recall to work.
(c) To set the standards of productivity, the services to be rendered, to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted, and to see the starting and quitting time and the number of hours and shifts to be worked. (d) To close down, or relocate the Company’s operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service, to subcontract in order to cover emergency situations, including a lack of available bargaining unit Operators, and to control and regulate the use of vehicles, facilities, equipment, and other property of the Company or the client. (e) To determine the price at which the Company contracts its services, to determine the methods of financing its operation and services, and to determine the number, location and operation of departments, divisions, and all other units of the Company.
(f) To introduce new or improved technology, machines, tools equipment, property, research, service, maintenance methods, and materials used to increase efficiency, to hire, promote, assign, transfer, demote, discipline and discharge for just cause.
(g) To issue, amend and revise reasonable policies, rules, regulations, and practices including standards of performance; to take whatever action is either necessary or advisable to determine, managed and fulfil the mission of the Company and to direct the Company’s Operators; to determine the existence or ATTACHMENT 2
5 | Page
nonexistence of facts which are the basis of management decision, and to carry out the lawful directives of the customers to whom the Company contracts its services.

Section 4,2 – Technological Change
The parties recognize the importance of enhancing safety, increasing efficiency and improving the quality of services provided to the customer. The parties further recognize that technological advances, tools and equipment are often used to further these objectives in the school bus and transportation industries.

The parties agree that the Company shall have the right to unilaterally introduce the use of advances, tools and equipment including, but not limited to GPS, Zonar, DriveCam, on-board cameras (including CCTV), and time recording features. No new technology will be introduced for the purpose of reducing the size of the bargaining unit, or to alter the method of wage calculations except when used to improve the accuracy of time recording and corresponding payment of wages, and the Company shall provide the Union with at least thirty (30) days’ advance notice prior to implementing any new technological advances, tools or equipment so that the Union has an opportunity to request bargaining over the effects of any changes. If the parties are unable to reach agreement over the effects of the changes within thirty (30) days of advance notice from the Company, the Union reserves the right to grieve the reasonableness of any such changes, but this shall not affect the Company’s right to implement the new technological advances, tools or equipment The parties recognize and agree that the implementation and use of GPS, Zonar, DriveCam, on-board cameras (including CCTV), time recording features, and other technological advances, tools and equipment may form the basis for progressive discipline or discharge of Operators when the evidence from such technology supports or establishes just cause for disciplinary action. The parties agree that in any case in which the Company takes disciplinary action against an Operator relying in whole or in part upon evidence derived from such technology, the Union reserves the right to grieve any such discipline under the “just cause” standard of this Agreement.

The parties further agree that tampering with or disabling any technological tools may be grounds for discipline up to and including immediate discharge
Section 4.3 - Client Contract. The Company and the Union acknowledge that the Company has entered into a contract(s) to provide transportation services with the City of Manteca, hereto known and the “Client.” The contract between the Company and the City of Manteca contains specific performance requirements. Nothing contained in this Agreement will be construed to prohibit the Company from fulfilling all of it contractual obligations to the Client. The Company will have the sole right to change any policies, rules and regulations governing employees without renegotiation of this Agreement should such changes in policies, rules and regulations be required in order to comply with any governmental law or regulation or to comply with any provision of the agreement between the Company and the Client. The Company will discuss and obtain input from the Union on any other new policies, rules and regulations without renegotiation of this Agreement prior to ATTACHMENT 2
6 | Page
implementation. However, the Company shall have the sole right to make any and all final decisions regarding the implementation of said policies, rules and regulations.

If the Company is required to remove an Operator from service at the request of the Client, per provision(s) contained in the agreement between the Client and the Company, the Company agrees to discuss the matter with the Client to attempt to resolve the problem. If the Client maintains its position on the removal of the Operator, the Company will then meet with the Union to discuss the status of the Operator. Should the Client maintain its position concerning the status of the Operator, such removal from service would be subject to the grievance procedure contained in this Agreement. However, the requirement to remove the Operator as requested by the Client or its designee shall not be subject to the grievance procedure.

Section 4.4. The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

ARTICLE 5 - REPRESENTATIVES’ RIGHTS
Section 5.1 - Recognition of Shop Stewards. From among the Operators employed in the bargaining unit, the Union may designate and the Company will recognize not more than two (2) Shop Stewards per one hundred (100) bargaining unit employees to serve as the Union’s agent in the representation of Operators in the bargaining unit. The Company will not be required to recognize any Operator as a Shop Steward unless the Union has informed the Company, in writing, of the Operator’s name.

Section 5.2 - Leaves of Absence. The Company agrees that members of the Union will be granted unpaid leaves of absence on Union business as authorized by the Union, when so requested, provided that the granting of such leave does not impact Company’s ability to provide service to the Client. The Union agreed not to request that more than two such leaves of absence will be requested for any specific period of time. It is further agreed that any member of this Union who now holds office, or will be appointed or elected to any office in said Union, which requires his absence from the Company’s employ, will upon his retirement from said office be placed in his former position with full seniority rights, rates of pay, vacation and retirement pay rights. Union business is further defined to mean employment directly and solely by the Union, of the International Union of which it is a division.

During periods of any such leave, the Operator shall not receive or accrue any pay, fringe benefits or other compensation to which the Operator would have been entitled to under this Agreement had the Operator not taken such a leave of absence.

ATTACHMENT 2
7 | Page
Section 5.3 - Duties of Shop Stewards. Shop Stewards are authorized to represent bargaining unit members at meetings and to process and settle grievances.

Section 5.4 - New Member Orientation. The Company will make available to the designated Union representative(s) an opportunity to introduce themselves, explain the responsibilities of the stewards, and provide a brief history and overview of Local 439 to newly hired Operators for a maximum of 30 minutes. The new member orientation will occur during the initial training period for new Operators. The actual time and place for such orientation will be mutually agreed upon by the Company and Union.

Section 5.5 - Union Visitation. Upon giving reasonable notice to the Company, the Union will be allowed access to Company premises for the purpose of investigating or adjusting an actual grievance, or visiting the members in order to ensure the terms of this Agreement are being upheld. The Union agent will confine any conversations with Operators to non-work time and his activities will not in any manner interfere with the performance of work by the Operator.

ARTICLE 6 - BULLETIN BOARDS
Section 6.1 - Union Business. The Company agrees to provide space for bulletin boards for Operators covered by this Agreement. The Union-supplied bulletin board is for the Union’s exclusive use where notices pertaining to meetings, social events and information of general interest to Union members may be posted. Nothing will be posted that disparages the Company, the Union, the client or any other person or employee. All postings must be printed on official Union letter head and signed by an officer of the Local. The Company shall also allow any official postings as mandated and prescribed by any governmental agency.

Section 6.2 - Indemnification. The Union indemnifies and will hold the Company harmless against any and all claims, suits, demands, charges, complaints or other causes of action for items that are posted on the bulletin boards.

ARTICLE 7 - AFFIRMATIVE ACTION
Section 7.1 - Equal Opportunity. The Company and the Union recognize a common commitment to the equality of opportunity for all. Therefore, the Company and the Union agree that neither will discriminate against any employee with respect to hiring, compensation or terms or conditions of employment because of such individual’s race, color religion, sex, age, national origin, marital status, sexual orientation, disability or Vietnam Era veteran status, or any other status protected by law.

Section 7.2 - Gender. Whenever either the masculine or feminine gender is used in this Agreement, it is intended to include the opposite gender as well.

ATTACHMENT 2
8 | Page
ARTICLE 8 - NO STRIKE, NO LOCKOUT
Section 8.1 - Disputes. It is recognized and understood that the Company and its workers are obligated to perform essential public service, and that this service must be continuously performed to the fullest extent. The grievance and arbitration re-dress procedure shall be the sole and exclusive means for settling any dispute arising under this Agreement between the workers of the Union and the Company during the term of this Agreement.

Section 8.2 - No strikes. The Union agrees during the term of this Agreement that it will not engage in, encourage or condone any strike, slow-down, boycott, sympathy strike, interference or interruption of production or serviceespecially in cases where such services include medical emergencies or delivery of patients to health care providers. Provided, however, that it shall not be a violation of this provision, nor cause for disciplinary action, if any Operator refuses to cross a lawful, primary picket line that has been sanctioned by Teamsters Joint Council

7. The Union shall take reasonable steps to prevent or stop any strikes, slow-downs, walkouts, or other interference with work that would be in violation of this section. The Company will use all available legal means in the event of a wildcat strike or a labor disruption violating this agreement.

Section 8.3 – No Lockout. The Company agrees that there shall be no lockout of employees by the Employer during the term of this Agreement.

ARTICLE 9 - DISCIPLINE
Section 9.1 - Disciplinary Procedures.
(a) All disciplinary processes will be performed by a General Manager, Operations Manager or Director/VP Operations or their management designee. The Company agrees to be fully compliant with Operators’ representational rights under the Weingarten decision and to advise any Operator of his/her Weingarten rights if they are called into an investigatory meeting that might lead to the Operator being disciplined.

The charged Operator shall be given opportunity to attend all hearings, which may result in disciplinary action. A Union representative may also attend the hearing, if so requested by the Operator. (b) The respective General Manager, to whom the individual is requested to report, shall give a fair and impartial hearing to all Operators. This shall also include corrective interviews, through the disciplinary process. Stewards will be notified in a timely manner of any suspension or pending terminations. (c) A copy of bargaining member’s disciplinary actions shall be given to the Operator. The shop steward and the Local Union shall also be given copies of discipline within five (5) business days of the issuance of said discipline. The Company shall provide notice to the Union by certified mail. (d) Initial discipline shall occur within fourteen (14) business days of the Company’s knowledge of an alleged infraction/incident. The Company may request to extend the time by no more than an additional ten (10) days upon mutual agreement of the parties.

ATTACHMENT 2
9 | Page
(e) Disciplinary action taken by the Company according to the terms of this Section shall be for just cause and are subject to the grievance procedure contained herein.

Section 9.2 - Progressive Discipline. Any violation of posted and/or written Company rules, policies and/or procedures may, at the Company’s discretion, result in disciplinary action. With the exception of a violation of a serious infraction as listed in Section 9.4, Attendance Policy as listed in Section 9.5, or the Safety Policy as listed in 9.6, each infraction of any rule, policy or procedure may result in the following disciplinary action taken by the Company against the Operator who violates any rules, policy or procedure:

First Violation: Policy review/documented verbal counseling.

Second Violation: First Written Warning Notice.

Third Violation: Final Written Warning Notice.

Fourth Violation: Dismissal from Employment with Company.

The definition “first”, “second”, “third”, and “fourth” violation above shall mean the violation of any rule or combination of rules and shall not be construed to mean the first, second, third and fourth violation of each individual rule exclusive of violation of any other rules. However, with the exception of a violation of a serious infraction, the Company may only dismiss an Operator from employment for an offense if they have received at least one prior warning of the same violation. If any Operator does not have a disciplinary violation for a period of twelve consecutive months, then the Operator will have his record cleared. This policy is based on a floating twelve (12) month time period.

Section 9.3 - Work Rules. The Company will issue all Operators a current National Express Transit Employee Handbook outlining all rules, regulations and policies. Prior to Implementation of any new or revised rules, regulation or policy in the Handbook, the Company will issue an addendum to the Employee Handbook, with a copy given to each Operator and the Union, at least twenty (20) business days prior to the implementation of said rule, regulation or addendum. The Company shall have the sole exclusive right to adopt additional reasonable rules, regulations and policies, to the extent they do not conflict with any express written provisions of this Agreement. The Company will notify the Union in writing and post a notice for all Bargaining unit employees of all changes in policy at least twenty (20) business days before they are implemented, unless required by client or safety concerns which demand a more immediate implementation. In the event any Company Rule conflicts with the terms of this Agreement - this Agreement shall prevail. Any change to rules and regulations shall be posted and distributed to all Operators in order to uniformly advise all bargaining unit members.

Prior to implementation, the Union may request to meet with the Company to discuss the intent and purpose of any new rule or regulation. Disagreements concerning the implementation of any Company Rule conflicting with the terms of this Agreement is subject to the grievance procedure contained in this Agreement. If the Union fails ATTACHMENT 2
10 | Page
to file a grievance within fourteen (14) business days after implementation, the new rule, regulation or workrelated policy change will stand as implemented.

Section 9.4 - Serious Infractions. The following violations of Company policies and rules are considered Serious Infractions and just cause for immediate discharge of the Operator:
(a) Theft or deliberate destruction, defacing or damaging of Company or Client property of another employee or passenger.
(b) Physical violence or fighting on Company premises or vehicle or any time while on duty. (c) Possession of firearms, weapons, or explosives, and similar devices on Company premises or vehicle or any time while on duty.
(d) Threatening, intimating conduct directed at any Company employee, representative, customer, or business associate.
(e) Use of language or any other activity designed to create a hostile work environment or to offend or harass any other employee, customer or passenger based on that employee’s, customers or passenger’s race, color, religion, sex, age, national origin, marital status, sexual orientation, disability or Vietnam Era veteran status, marital status or any other status protected by law. (f) Failure for any reason to maintain a valid driver’s license and all other certificates required by Federal, State or local law or regulation to operate the Company’s vehicles. In the event the Operator notifies the Company of a temporary loss of the required license or certification, the Operator shall be first entitled to an unpaid leave of absence of up to thirty (30) calendar days in order to correct said loss of a valid driver’s license or other certificate required to operate the Company’s vehicles. In the event the Operator does not immediately notify the Company of any loss of license or certificate required to operate vehicles, the Operator may be terminated immediately.
(g) Unauthorized touching, physical contact with or indecent exposure to a passenger or fellow employee. (h) Failure to properly secure using required tie down procedure, boarding belt and lap and shoulder restraints, any passenger in a wheelchair or other mobility assistance device. (i) The pickup of any unauthorized passenger or the drop off of any passenger, when such is required on the Operator’s manifest or when so instructed by the dispatcher, at any place without there being a physical handoff to a caregiver or other responsible adult at the destination or the pickup. (j) Reporting for work under the influence of intoxicating liquor or illegal drugs or violation of the Company’s Drug and Alcohol Policy as referenced in this Agreement. (k) Dishonesty, including but not limited to, knowingly falsifying of any document including employment applications, time records, manifests or any other document.

ATTACHMENT 2
11 | Page
(l) Failure to report a hazardous situation, accident or injury immediately or, at first opportunity to the dispatcher or supervisor. For purposes of this Section, a “hazardous situation” includes, but is not limited to, a bio-hazard such as blood or other body fluid being present on the Company vehicle. (m) Selling any product or propositioning a sale of any product or service to a passenger while in revenue service.
(n) Gross insubordination or refusal to perform assigned work. (o) Conviction of, whether in Company or any other motor vehicle, a serious traffic violation, including DUI, vehicular manslaughter, reckless driving or any driving offense involving alcohol or drugs. (p) Use of a cell phone while operating a company vehicle (Zero Tolerance) (q) Three (3) preventable accidents in an 18-month period.

Section 9.5 - Attendance. The Attendance Policy outlined in the Employee Handbook will be utilized and followed for any and all attendance violations/disciplines. Except that once in any twelve (12) months period, Operators with one or more years of service shall be permitted to provide a doctor’s note for an absence of up to three (3) days without attendance points, provided that the doctor’s note covers the Operator’s personal illness or the illness of a family member as defined by Labor Code section 245.5(c). Proof of relationship may be required.

The Company shall not issue any point or discipline for the first three absences of a calendar year where sick leave is used.

Section 9.6 - Safety Policy. Because our clients rely upon National Express for qualified, well trained and safe Operators, a good safety record on the part of our Operators is essential for us to serve our clients in the safe professional manner they expect. It is the policy of National Express that safety and accident prevention shall be considered of primary importance in all phases of operations and administration. The Employee Handbook describes the Safety Point System and the other rules and procedures regarding safety. The Safety and Incident Policies as detailed in the National Express Transit Employee Handbook, including the Safety Point System, are the agreed upon safety policies in effect for this Agreement.

Section 9.7 - Safe Vehicles. No Operator shall be disciplined for refusing to drive an unsafe vehicle nor shall any Operator be required to drive a bus that has not been determined by the maintenance department to be safe, nor shall any Operator be required to transport a passenger in mobility assistance device unless the proper number of securement strip or devices, as determined by the Company, are provided in the vehicle.

ATTACHMENT 2
12 | Page
ARTICLE 10 - GRIEVANCE PROCEDURE
Section 10.1 - Definition. A grievance is a claim that the Company has violated an express, specific provision of this Agreement. In the event such a claim is made, the following procedures must be followed:

Section 10.2 - Filing a Grievance. The grievance must set forth the nature, details, date of the alleged violation, and Article and Section of this Agreement claimed to have been violated. The written grievance must be presented by the Operator or the Union to the General Manager or his designee within fifteen (15) business days (Mondays through Fridays, contractual holidays excluded) following knowledge of the occurrence out of which the grievance arose. Failure to present the grievance within fifteen (15) business days will be deemed a waiver of the grievance.

STEP 1
Such grievance will be presented in writing to the General Manager, or his designee. Within ten (10) business days of receipt of the grievance, a meeting will be scheduled between the Operator, the shop steward, and the General Manager. A representative of the Union shall accompany the Operator if requested. If the General Manager or his designee and the grievant are unable to arrive at a satisfactory settlement during the meeting, the General Manager or his designee will provide a written answer to the Union within seven (7) business days after the date of the meeting.

STEP 2
If the grievance is not resolved by Step 1, the Union must refer the grievance in writing to the Director/VP of Operations, or his designee within ten (10) business days after receipt of the Step 1 decision. Failure of the Union to request Step 2 within the ten business days shall constitute a waiver of the grievance. Upon receipt of the written Step 2 grievance:
(a) The Director/VP of Operations, or his designee, and a representative of the Union will meet in person or via conference call within ten (10) business days after the receipt of the referral. The grievant will be invited to participate in this Step 2 hearing.
(b) If the parties are unable to arrive at a satisfactory settlement during the meeting within ten (10) business days of the meeting the Director/VP of Operations, or his designee, will provide a written answer to the Union.

STEP 3
If the grievance has not been settled in Step 1 or Step 2, the Union may, within ten (10) business days of receipt of the Company’s Step 2 decision, submit a request to move the grievance to mediation. The parties shall notify FMCS of the need to schedule a mediation.

ATTACHMENT 2
13 | Page
The parties may mutually agree to skip the mediation and go straight to arbitration, pursuant to Section 10.4 of this Agreement.

Should the grievance not be resolved in mediation, the Union may, within ten (10) business days of the conclusion of mediation, inform the Company in writing of its desire to move the grievance to arbitration in accordance with Section 10.4 of this Agreement.

STEP 4
If the grievance has not been settled in Step 1 or Step 2 or if Step 3 is not mutually agreed to, the Union may, within ten (10) business days of receipt of the Company’s Step 2 decision or the Company’s written refusal to proceed to a BOA, whichever is later, request to submit the grievance to an arbitrator. Failure of the Union to request arbitration within the ten (10) business days as set forth above shall constitute a waiver of the grievance by the Union and the Operator.

Section 10.3 - Expedited Procedure. The Company and the Union may agree to submit the grievance to an expedited arbitration process subject to the following conditions:
(a) Both parties must mutually agree to expedited arbitration to resolve a specific grievance, and legal counsel will not be used as advocates.
(b) The hearing will be informal.
(c) No briefs will be filed.
(d) Formal rules of evidence will not be strictly followed. (e) The arbitrator may issue a bench decision at the conclusion of each hearing, but in any event will render a decision within 48 hours after the conclusion of each hearing. (f) The arbitrator’s decision will be based on the record before the arbitrator, and may include a brief written explanation of the basis for such conclusion.
(g) The arbitrator’s decision will be final and binding upon the parties. An arbitrator who issues a bench decision will furnish a written copy of the award to the parties within forty-eight (48) hours of the close of hearing.
(h) No decision by an arbitrator in this expedited process will be deemed to establish practice or any precedent for future proceedings.
(i) The fees of the arbitrator will be borne equally by both parties. (j) No decision by an arbitrator in the expedited process will be deemed to establish practice or any precedent for future proceedings.

ATTACHMENT 2
14 | Page
Section 10.4 - Arbitrator Selection. If the expedited arbitration procedure is not selected by the parties, the Company and Union will mutually select an arbitrator from a list of seven (7) qualified arbitrators provided by the Federal Mediation and Conciliation Service. This selection will be completed within ten (10) business days, if possible. The decision of the impartial arbitrator will be final and binding upon the parties hereto. The fee, if any, of the impartial arbitrator will be borne equally by the parties hereto. All other mutually agreed to expenses of arbitration, excluding legal fees, are to be divided equally between the parties hereto. The arbitrator shall have no power to add to, subtract from or modify any provision of this Agreement, nor shall the arbitrator have the power to order the Company to do anything that will cause the Company to violate any provision of its Agreement with the client.

ARTICLE 11 - CATEGORIES OF EMPLOYEES
Section 11.1 - Regular Full-Time. Operators whose regular scheduled bid is at least thirty-two (32) hours in a workweek shall be classified as Regular Full-Time.

Section 11.2 - Regular Part-Time. Operators whose regular scheduled bid is less than thirty-two (32) hours in a workweek shall be classified as Regular Part-Time.

Section 11.3 - Part-Time Casual. Part-time Operators who are regularly scheduled to work less than thirty-two (32) hours per work week, and who do not have a regular bid assignment, or who work on an irregular basis throughout the year or work weekend only shifts shall be classified as Part-Time Casual.

Section 11.4 - Classification Change. Part-time Operators may be required to work more than thirty-two (32) hours in a workweek to meet unusually high service demands or other unusual situations. A full-time Operators schedule shall not be changed to where he is scheduled and works less than thirty-two (32) hours in a workweek.

ARTICLE 12 - HOURS OF WORK & PAY
Section 12.1 - Pre-trip Duties. Operators are required to perform various pre-trip duties prior to departure from the facility when their trip starts from the garage. Operators are permitted twelve (12) minutes for performing the required pre-trip duties. When performing a relief, the Operator will perform a safety walk around inspection when taking over the vehicle, and then a vehicle inspection at subsequent layover points with time required to be included in the schedule.

Section 12.2 - Post-trip Duties. An Operator’s paid time ends after their last trip is performed and the vehicle is refueled, returned to the yard, the post-trip is completed, and the operator clocks out at the transit center.

Section 12.3 - Workweek. The workweek shall begin a 12:01 AM on Friday and shall end at midnight Thursday.

Operators shall be paid every two weeks, with paydays on alternate Fridays.

Section 12.4 - Overtime. Time and one half shall be paid for all hours actually worked in excess of 40 hours per week.

ATTACHMENT 2
15 | Page
ARTICLE 13 - SENIORITY
Section 13.1 - Definition. Seniority is defined as the length of time an Operator has been continuously employed by the Company (including time employed at this location by the Company’s predecessor, MV Transportation) since the date of his most recent employment by the Company. The Company will recognize seniority rights from the Operator’s first day of work. If more than one Operator begins work on the same day, the Operator with the earliest date on their application will have the highest seniority. When these same Operators also share the same application date, then the Operator with the earliest time and date of their drug screen will have the higher seniority.

Section 13.2 - Layoff. When a reduction in the workforce becomes necessary, such layoff will be made in the reverse order of seniority. Likewise, the Operator with the most seniority will be the first one recalled from layoff.

Section 13.3 - Use. Seniority will commence with the date of employment with the Company, or with MV Transportation at this location, whichever came first. Seniority will be observed with regard to all layoffs, rehiring, job bids, vacation, scheduling, and floating holiday selection. The Company and the Union will have the authority to determine seniority dates for Operators in the unit and to resolve conflicts among Operators as to seniority dates.

Section 13.4 - Continuous Service. Unless otherwise stated, wherever reference is made to “continuous service” in this Agreement, shall be interpreted to mean employment without a break with the Company, or with a predecessor employer, when such predecessor employer serves as a contractor to the client. “Seniority” is defined as continuous service with the Company, or its predecessors, under contract with the client for purposes of determining wages, vacation accrual and classification seniority.

Section 13.5 - Seniority List. Within 30 days after signing of this Agreement, and quarterly thereafter, a list of Operators arranged in the order of their seniority will be posted in a conspicuous place at the place of employment.

One seniority roster will be maintained for all Operators. A Union representative will be provided a current seniority list. The Union will immediately notify the Company of any errors in the seniority list.

Section 13.6 - Probationary Period. All Operators will be on probation until they have completed ninety (90) calendar days of service from the completion of training with the Company. Until completion of said probationary period, an Operator may be terminated at the complete discretion of the Company, and such termination will not be subject to the grievance provisions of this Agreement.

Section 13.7 - Seniority Broken. Continuity of service will be broken and seniority will terminate by:
(a) Resignation.
(b) Discharge for just cause.
(c) Failure to return to work from layoff within thirty (30) business days when called.

ATTACHMENT 2
16 | Page
(d) Absence without leave or communicating with the Company for three (3) consecutive scheduled work days.
(e) Layoff of eighteen (18) months or more.
(f) Promotion out of the bargaining unit for a period in excess of six (6) months.

Section 13.8 - Seniority Not Broken. Continuity of service will not be broken and seniority will not be terminated by:
(a) Authorized leave of absence.
(b) Leave of absence to serve in the Armed Forces of the United States, as provided by law. (c) Absence due to authorized vacation or other PTO.
(d) Absence due to sickness or injury while such sickness or injury continue, but not to exceed twelve (12) months, or twenty-four (24) months if it is a worker’s compensation injury, unless extended by the Company and the Union.

ARTICLE 14 – BIDDING
Section 14.1 - Procedure. The Company shall conduct General Bids at least two (2) times each year, as mutually agreed on by the parties or as required by the Client or as required due to changes in demand for the service. The General Bid shall be posted at least seven (7) business days prior to bidding with a copy sent to the Local Union, when possible. Posted runs shall show the approximate start and the approximate end times of the shift, the route involved, and the days off.

Section 14.2. Operators shall bid in seniority order as quickly as reasonably possible (three minutes maximum), so as not to hold up the bidding process. If an operator is unable to bid, a union representative shall make his/her selection. Operators may leave a list of proxies with the Company and the Union prior to the bid.

Section 14.3. Operators absent due to illness or injury of the Operator will be permitted to bid if the bus operator has a release from a physician to return to unrestricted duty no later than the date the new bid becomes effective.

Section 14.4. A bid shall not be construed to mean that this is a minimum or maximum time the Operator will work. Operators shall be required to call the evening prior to their scheduled work shift to obtain their actual starting time for the next day’s work. The actual start time may occasionally vary from the bid time due to the demand of the system, however, the normal start time shall not be changed by more than two (2) hours until a subsequent bid. If the Company changes the drivers selected bid time by two (2) hours or less, it must provide at least two (2) weeks’ notice of its intent to do so. During the work day, the number of trips or the circumstances of system demand, cancellations or add-ons may result in the end time of the shift being before or after the scheduled time.

ATTACHMENT 2
17 | Page
Section 14.5 - Split Shifts. Split shifts may be designed based on the needs of the operation or requirements of the Clients. Time in between split shifts shall be unpaid.

Section 14.6 – Assignment of Remaining Work. Any route or work assignment remaining unassigned following application of the procedures provided in this Article may be assigned, on a voluntary basis, by the Company to any employee not yet assigned a route or work assignment. If no such unassigned employee exists or volunteers, the Company shall assign such work by inverse seniority. The Employer will attempt to provide 24-hour notice when an employee will be assigned, but if such notice is not possible will provide as much advanced notice as possible under the circumstance.

ARTICLE 15 - DRUG AND ALCOHOL PROGRAM
Operators will comply with the National Express Drug and Alcohol Policy as referenced in the Employee Handbook. Any changes to this policy will be presented to the Union a minimum of fourteen (14) business days prior to implementation
ARTICLE 16 – MEAL & REST PERIODS
The Company agrees to comply with all applicable California and Federal laws pertaining to Operator meal and rest periods.

ARTICLE 17- COMPLETE AGREEMENT
Section 17.1 - Sole Agreement. This Agreement constitutes the sole and entire existing Agreement between the parties and supersedes all prior arrangements, commitments and practices, whether oral or written, between the Company and the Union and between the Company and any of its Operators covered by this Agreement, and expresses all obligations of and restrictions imposed on the Company.

ARTICLE 18 - DRIVE
The Employer agrees to deduct from the paycheck of all Operators covered by this Agreement voluntary contributions to D.R.I.V.E., which shall notify the employer of the amounts designated by each contributing Operator that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase “Weeks Worked” excludes any week other than a week in which the Operator earned a wage. The employer shall transmit to DRIVE headquarters on a monthly basis, in one check, the total amount deducted along with the name of each Operator on whose behalf a deduction is made, the Operator’s social security number and the amount deducted from that Operator’s paycheck. The Company shall remit all DRIVE money to the proper location not later than the twentieth (20th) day of the months following the date on which the money was deducted from the Operator’s paycheck.

ATTACHMENT 2
18 | Page
ARTICLE 19 - SAVINGS CLAUSE
Section 19.1. If any part of this Agreement and/or the attachments hereto are determined to be in conflict with applicable City, State or Federal laws or regulations or becomes in conflict during the life of this Agreement, such part shall be deemed invalid. Such invalidity will not affect any other provision of this Agreement.

Section 19.2. If any part of this Agreement and/or the attachments hereto is deemed invalid as set forth in Section 1 of this Article, the parties hereby agree to meet for the purpose of renegotiating the affected part of this Agreement. Failing agreement between the parties, the matter shall be submitted to arbitration for final resolution.

Section 19.3. This Agreement shall supersede any and all applicable Living Wage Ordinances where such Living Wage Ordinances contain a provision for exemptions.

ARTICLE 20 - HOLIDAYS AND PAID TIME OFF (PTO)
Section 20.1. Upon ratification All Operators who have completed the probationary period as described in this Agreement shall receive pay for the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. In order to be eligible for Holiday Pay, an Operator must work the regularly scheduled day prior to and following the holiday, unless excused by management or exercising approved PTO. Holiday pay is based on the bid shift, not to exceed eight (8) hours, and shall not be used in the computation of weekly overtime.

Section 20.2. Upon ratification, all Operators with one (1) or more years of continuous service shall be eligible for one (1) Floating Holiday each year. Such Floater shall be paid as regular Holidays listed in this Article and shall be used in the calendar year, and cannot be carried over to another year.

Section 20.3. All Operators who have worked for three (3) consecutive months shall accrue vacation hours per pay period for every pay period that they work a minimum of seventy (70) hours. Hours included to reach the seventy (70) hours include paid time worked, holiday time and paid vacation time. Years of service for vacation accrual purposes includes years of service with MV Transportation at the Manteca, California location.

Hours are accrued based on the following schedule:
• Three (3) months - Two (2) years employment: ~ 1.54 hours per pay period (40 hours per year). • Two (2) years –Eight (8) years employment ~ 3.08 hours per pay period (80 hours per year). • Eight (8) – Fifteen (15) years– 4.62 hours per pay period (120 hours per year). This accrual rate will go into effect starting January 1, 2020.
• Sixteen (16) years plus – 6.15 hours per pay period (160 hours per year) ATTACHMENT 2
19 | Page
Operators may accrue a maximum of 175% of their annual vacation accrual, and may begin accruing again once the total drops below that point. Operators may cash out unused vacation upon termination of employment for any reason.

Section 20.3 - PTO Approval. It is agreed that a maximum of two (2) Operators may be scheduled off in any one week. Actual approvals will be made at the sole discretion of the Company based on Operational needs.

However, every reasonable effort will be made to approve PTO when possible. Any conflict when more than two Operators have timely requested the same days will be resolved based on Operator seniority.

ARTICLE 21 – WAGES
The following wage scale will be effective January 1, 2022, with annual wage increases each subsequent year on July 1. While still in the progression, Operators will receive increases based on their service time on their anniversary date. Operators service time will include years of continuous service with the prior contractor, MV Transportation.

Yrs. of Service Current 1/1/2022 7/1/2022 7/1/2023 7/1/2024 0 $17.00 $17.85 $19.50 $20.09 $20.69
1 $18.04 $18.95 $19.89 $20.49 $21.10
2 $18.25 $19.15 $20.49 $21.10 $21.73
3 $19.37 $20.35 $21.31 $21.95 $22.60
4 $19.64 $20.60 $22.37 $23.04 $23.73
5+ $20.70 $21.75 $23.71 $24.43 $25.16
Minimum Rates: The rates of pay provided in the Table of Rates in this Table are minimums. No employee may be paid at a rate lower than provided for his classification.

Driver/Trainer: The Company may assign an employee who, in its honest business judgment is fully qualified to perform work as a Driver/Trainer. Any Operator so assigned shall be paid a different one dollar ($1.00) per hour in addition to his regular rate of pay for all hours, while performing the duties of the Trainer.

ARTICLE 22 - HEALTH AND WELFARE
Section 22.1. Except as provided below, the Company agrees to maintain health insurance coverage in effect for all Operators covered under this Agreement throughout the term of this Agreement at the cost-sharing levels in effect in August, 2018. The Company and the Union recognize that from time to time adjustments or amendments to the plan design may occur. The Company shall notify the Union in writing of such modification.

ATTACHMENT 2
20 | Page
The parties agree that PPACA may require the Company to make changes to the health insurance coverage provided to Operators. The parties further agree that implementation of PPACA may create an opportunity for the Company to provide quality affordable health insurance coverage to Operators on a more cost effective basis than has previously existed. Accordingly, the parties agree that at any time during the term of this Agreement the Company has the sole right to modify, amend, add to, reduce, and make any other changes to the health insurance coverage provided to Operators, provided that such changes are determined by the Company in its discretion to either: (1) be required in order to ensure compliance with PPACA; and/or (2) enable Employer to provide quality affordable health insurance coverage to Employees on a more cost effective basis to both Employer and Operators as a result of PPACA. The parties further agree that Employer may, at any time during the term of this Agreement and at Employer’s sole discretion, lay a high deductible health insurance plan onto the health care benefits offered to Employees in addition to (but not in place of) the health care benefits already provided.

Section 22.2 - Group Medical Benefits. Group medical, dental and vision insurance is available to all Regular Full-Time Operators upon becoming benefits eligible. All full-time Operators who have completed the probation as defined in this Agreement are eligible for said contribution.

ARTICLE 23 - RETIREMENT
The Company shall allow all non-probationary Operators to enroll at the first quarter after start of employment, in the Company sponsored 401(k) Plan in accordance with the eligibility conditions and restrictions of the Plan.

The Plan provides that the Company will make a dollar-for-dollar match for the first 3%, and 50% match of the next 2% of any wages an Operator decides to defer into the Plan, up to a combined maximum of four percent (4%).

ARTICLE 24 -- UNIFORMS
Section 24.1 - Provisions of Uniforms. All Operators will be issued uniforms as approved by the client upon completion of training. And Company shall also provide jackets as part of their uniforms.

Section 24.2 - Uniform Replacement. The Company agrees to replace uniforms as needed due to normal wear and tear.

Section 24.3 - Care and Maintenance. Care and maintenance of uniforms will be the responsibility of the Operator. Uniforms or work clothes damaged through carelessness are to be replaced at the Operator’s expense.

Uniforms provided by the Company shall remain the property of the company and shall be turned in when an Operator terminates his employment. The cost of items not returned shall be deducted from the Operator’s last pay. This provision shall include all other items supplied to the Operator in the performance of his duties, including company issued transfer punches.

ATTACHMENT 2
21 | Page
ARTICLE 25 – BEREAVEMENT LEAVE
The Company will provide Operators with three paid days of bereavement leave, plus additional days of unpaid leave if needed for travel, for bereavement of the following family members: spouse, parent, step-parent, child, step-child, sibling, and grandparent.

ARTICLE 26 – JURY DUTY
The Company will reimburse Operators called for jury duty for the difference between jury duty pay and their daily wages for up to 15 working days in a calendar year, provided a copy of jury service and pay documentation is submitted to his/her supervisor. A copy of a summons to jury duty shall be provided to the Company as soon as possible after it is received by the Operator the Company can plan for workload coverage.

ARTICLE 27 – LEAVES OF ABSENCE AND PAID SICK LEAVE
Section 27.1. Sick Leave. Upon ratification, all current Operators shall be granted three (3) days of paid sick leave, and effective July 1st 2022 will be granted an additional two (2) days of sick leave. On January 1 of each subsequent year Operators will be granted a total of five (5) days of leave. Operators hired after the ratification of this Agreement shall be granted five (5) days of paid sick leave on January 1 of the year immediately following the year in which they were hired and on January 1 of each subsequent year.

Section 27.2. Unpaid Leaves of Absence. The Company shall afford Operators up to twelve (12) weeks per year of unpaid leave as required by and pursuant to the terms of the California Family Rights Act and the Family and Medical Leave Act. Other leaves of absence may be granted in the sole discretion of the Company ATTACHMENT 2
22 | Page
ATTACHMENT 2
23 | Page
APPENDIX “A” NELLC HEALTH PLAN
APPENDIX “B” 401 K NATIONAL PLAN
APPENDIX “C” DURHAM SCHOOL SERVICE DRUG & ALCOHOL POLICY ATTACHMENT 2