May 7, 2024 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, MAY 7, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected].
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_rRYF0GcxRjSD1smr8iafsA NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
May 7, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Chua)
PRESENTATIONS (7:05 PM)
● Affordable Housing and Building Safety Month (Proclamation) ● National Mental Health Awareness Month (Proclamation) ● Older Americans Month (Proclamation)
● Distracted Driving Awareness Month (Proclamation)
PUBLIC FORUM (7:10 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:15 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings for May 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for May 2024.
C2. Approve City Council City Council Meeting Minutes of April 16, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of April 16, 2024.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
May 7, 2024 Milpitas City Council Agenda Page 3
C5. Adopt a Resolution Approving a Memorandum of Understanding between the City of Milpitas and Milpitas Police Officers Association (MPOA) Covering the Period of January 1, 2024 through December 31, 2026 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586- 3086)
Recommendation: Adopt a resolution approving a Memorandum of Understanding between the City of Milpitas and Milpitas Police Officers Association (MPOA) covering the period of January 1, 2024 through December 31, 2026.
C6. Approve and Authorize the City Manager to Execute the Purchase Order with Code 3 Technology for Fire Mobile Computer Replacement (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Recommendation: Approve and authorize the City Manager to execute the purchase order with Code 3 Technology for 27 Getac ruggedized laptop computers for a total amount not-to-exceed $152,507.45.
C7. Approve Amendments to the Subscription and Services Agreement with RideCo for Milpitas SMART (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Recommendation: (1) Approve amendments to the subscription and services agreement with RideCo for Milpitas SMART; and (2) Authorize the City Manager to execute the amended agreement.
C8. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch (Staff Contact: Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316)
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 4, 2024, for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch.
C9. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon (Staff Contact: Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works – Engineering Division Manager, 408-586-3316)
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 4, 2024, for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon.
C10. Adopt a Resolution Designating Street Resurfacing 2024-2025, Project No. 4300 to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (Staff Contact:
Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works Division Manager – Engineering, 408-586-3316)
Recommendation: Adopt a resolution designating Street Resurfacing 2024-2025, Project No. 4300 to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.
C11. Authorize the City Manager to Accept the CalRecycle Grant and Approve Related Budget Amendment (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2603; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
May 7, 2024 Milpitas City Council Agenda Page 4
Recommendation: Authorize the City Manager to accept grant funding from CalRecycle’s Senate Bill 1383 Local Assistance Grant and approve related budget amendment for revenues in the amount of $217,999.00 for the Solid Waste Fund (Fund 280) for FY 2024-25.
C12. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C13. Approve Design for Dixon Landing Public Art Project (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Assistant Recreation and Community Services Director, 408-586-3212) Recommendation: Approve artist Lacey Bryant’s design for Dixon Landing Park public art mural.
PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
14. Conduct a Public Hearing on an Appeal of the Planning Commission’s Decision to Deny Conditional Use Permit No. UP23-0013 to Allow for the Retail Sales of Tobacco Products at 1225 Jacklin Road (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and (3) Adopt a Resolution upholding or overturning the appeal and overturning the Planning Commission’s decision to deny Conditional Use Permit No. UP23- 0013 to allow for the retail sales of tobacco products within an existing 870-square-foot tenant space of a 9,960-square-foot multi-tenant commercial building located on a 0.9-acre site located at 1225 Jacklin Road within the C1 Neighborhood Commercial Zoning District.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (8:20 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (8:30 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
May 7, 2024 Milpitas City Council Agenda Page 5
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting.
You may request a larger font agenda.
Milpitas City Council Calendar
May 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
3 4
5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
7 7:00 PM-City Council
8 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
9 2:30 PM-Council Subcommittee
Meeting: Housing (CM/EC)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
10 11
12 13
4:30 PM-Economic Development and
Trade Commission (CM) [Community
Center, Room 7/8]
14 4:00 PM- Milpitas HOPE
5:30 PM-Special Council Meeting:
FY24-25 Budget Study Session
[Barbara Lee Senior Center, Room
140/141]
15 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
16 10:00 AM-VTA Congestion Mgmt
Prog & Planning (CMPP) (CM)
3:00 PM-Cities Assoc of SCC
Recycling & Waste Reduction
Commission (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Burlingame
Community Center, Sequoia Room)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL) [Fire Station #1, Main Street]
17 18
19 20
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
7:00 PM-Science, Technology &
Innovation Commission (GB)
[Community Center, Room 7/8]
21 6:00 PM-Closed Session
7:00 PM-City Council
22 7:00 PM-Planning Commission
23 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
24 11:00AM – 12:00PM-Eritrea
Independence Day Flag Raising
Ceremony (Cesar Chavez Plaza)
25 26 27
Memorial Day – City
Observed Holiday
City Hall Closed
28 29 30
4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB) (Santa Clara)
31 April 2024
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
June 2024
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
April 16, 2024 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, APRIL 16, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on April 16, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan ABSENT: Vice Mayor Chua
AB 2449
1. Consider Councilmember Anthony Phan’s Request to Appear Remotely Pursuant to AB 2449 and Authorize the Council to Accept Public Comments Remotely at the April 16, 2024, Meeting of the Milpitas City Council (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040; Suzanne Guzzetta, 408-586-3001)
City Attorney Mutalipassi introduced the item. Councilmember Phan reported on his request to participate remotely due to a family medical emergency.
After discussion, motion: to allow Councilmember Phan to appear remotely pursuant to AB2449 and to allow remote public comment at the April 16, 2024 meeting of the Milpitas City Council.
Motion/Second: Councilmember Lien/Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Vice Mayor Chua, Councilmember Phan
ADJOURN TO CLOSED SESSION
City Attorney Mutalipassi introduced the items to be discussed at Closed Session.
There were no public speakers.
The City Council adjourned to closed session at 6:03 PM. (a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA The City Council reconvened at 7:04 PM.
April 16, 2024 Milpitas City Council Minutes Page 2
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi noted there was nothing to report out from Closed Session.
PLEDGE OF ALLEGIANCE
Councilmember Barbadillo lead the Pledge of Allegiance.
INVOCATION
Mayor Montano invited Dr. Jenni’fer JMB Chapman to provide the invocation.
PRESENTATIONS
Mayor Montano presented proclamations in recognition of Earth Day, Arbor Day, and National Public Safety Telecommunicators Week. Public Works Director DiRenzo invited the public to Calle Oriente Park on Saturday, April 20, 2024, for the city's Earth Day event. He accepted the proclamations for Earth Day and Arbor Day. Police Chief Hernandez and Public Safety Dispatchers accepted the proclamation. Chief Hernandez provided remarks highlighting the accomplishments of Milpitas Public Safety Dispatchers.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
2. Pushti Mokani
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Absent: Chua). City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions (Absent: Chua).
Councilmember Lien reported that she would need to recuse herself from Item C15.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Barbadillo read the City Council Code of Conduct.
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Councilmember Barbadillo/Councilmember Lien Motion carried by the following:
AYES: Mayor Montano, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua
CONSENT CALENDAR
City Manager Thomas reported that Councilmember Lien would need to recuse herself from Item C15 and the item would need to be pulled from the Consent Calendar.
April 16, 2024 Milpitas City Council Minutes Page 3
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to approve the Consent Calendar, pulling Item C15 to be heard immediately following the Consent Calendar.
Motion/Second: Councilmember Barbadillo/Councilmember Lien Motion carried by the following:
AYES: Mayor Montano, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua
2. Receive City Council Calendar of Meetings for April and May 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for April and May 2024.
3. Approve City Council Regular and Special Meeting Minutes of April 2, 2024 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Regular and Special Meeting minutes of April 2, 2024.
4. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
5. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provide direction to staff as necessary.
6. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendation and confirmed appointments to City Commissions:
Economic Development and Trade Commission
1. Appointed Bhagvat Bimalkumar to the Hospitality seat with a term ending April 2027.
7. Reallocation of American Rescue Plan Act Funds (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3053)
(1) Approved the reallocation of funding within the American Rescue Plan Act Fund and the General Fund to ensure completion of the programs in the ARPA Investment Plan previously approved by Council; and (2) Adopted Resolution No. 9316 authorizing the reallocation of funding within the American Rescue Plan Act fund balance as of March 31, 2024, and the General Fund to fund certain City staff positions wages during Fiscal Year 2023-2024 and to ensure completion of programs in the ARPA Investment Plan previously approved by Council.
8. Receive Report on American Rescue Plan Act Funding for Rent and Mortgage Relief Program and Approve Transfer of $216,125.00 in Mortgage Relief Funds to Rent Relief (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing
April 16, 2024 Milpitas City Council Minutes Page 4
Division Manager, 408-586-3275)
Received report on American Rescue Plan Act (ARPA) funding for Rent and Mortgage Relief Program and approved transfer of $216,125.00 in Mortgage Relief Funds to Rent Relief.
9. Receive the July - December 2023 Report for Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Received the July – December 2023 report for unhoused services.
10. Approve and Authorize the City Manager to Execute a Three-Year Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services (Staff Contact: Gabrielle Tsang, Interim Finance Director 408-586-3131; and Kelli Parmley, Human Resources Director 408-586-3086)
Approved a three-year professional services agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning (ERP) Consulting Services for a not-to-exceed amount of $375,500.00, authorized the City Manager to execute the contract, with additional authority to approve an optional two years and changes up to 10%.
11. Approve and Authorize the City Manager to Execute an Amendment to the Professional Services Agreement with Ascent Environmental for Consultant Services Related to Preparation of the Gateway-Main St. Specific Plan (Staff Contact: Jay Lee, Planning Director, 408-586-3077) (1) Approved an amendment to the Professional Services Agreement with Ascent Environmental for consultant services related to preparation of the Gateway-Main St. Specific Plan; (2) Approved a Budget Appropriation of $90,000.00 from the Community Planning Fund into Capital Improvement Program Project No. 3437; and (3) Authorized the City Manager to execute the amended agreement.
12. Authorize the City Manager to Execute the Grant Agreement with the County of Santa Clara to Accept the 2023 State Homeland Security Grant Program Award and Approve a Budget Appropriation in the Amount of $105,205.00 to the Police Department’s FY 2023-24 Operating Budget (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Authorized the City Manager to execute the Grant Agreement with the County of Santa Clara to accept the 2023 State Homeland Security Grant Program Award and approved a budget appropriation in the amount of $105,205.00 to the Police Department’s FY 2023-24 Operating Budget.
13. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) (1) Received an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.
14. Approve a Three-Year Agreement with Portford Solutions for Licensing, Maintenance, and Support of ApplicationXtender Document Management Software and Authorize the City Manager to Execute the Contract (Staff Contact: Daniel Nam, Information Technology Director, 408-586- 2712)
Approved a three-year agreement with Portford Solutions for the licensing and maintenance and support services related to ApplicationXtender for the not-to-exceed amount of $118,150.19 and authorized the City Manager to execute the agreement.
April 16, 2024 Milpitas City Council Minutes Page 5
ITEMS PULLED FROM CONSENT CALENDAR
15. Consider One Donation Request from Milpitas Community Education Endowment, Inc. (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Councilmember Lien announced she had to recuse herself from the decision due to serving on the board of the organization. She left the meeting at 7:30 PM.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to Approve a donation request of $500.00 for Milpitas Community Education Endowment, Inc. for their annual fundraiser on Friday, April 26, 2024.
Motion/Second: Councilmember Barbadillo/Mayor Montano
Motion carried by the following:
AYES: Mayor Montano, Councilmember Barbadillo, Councilmember Phan NOES: None
ABSTAIN: Councilmember Lien
ABSENT: Vice Mayor Chua
Councilmember Lien returned to the meeting at 7:32 PM.
PUBLIC HEARINGS
16. Conduct a Public Hearing and Adopt a Resolution Approving Site Development Permit, Density Bonus Permit and Environmental Assessment and Allow the Development of Two Multi-Family Residential Buildings at 1300 South Main Street (Staff Contact: Jay Lee, Planning Director, 408- 586-3077)
City Manager Thomas introduced the item. Acting Senior Planner Stark presented the report.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Voltaire Montemayor
Mayor Montano closed the public hearing.
Developer representative Jean Broussard addressed the Council and was available to respond to Council questions.
Councilmember Barbadillo inquired after other projects in the same area, raised questions about waivers and concessions granted, and asked about project amenities. Acting Senior Planner Stark, the developer's representative Jean Broussard, and Recreation Director Lorentzen responded to the Councilmember's questions.
Mayor Montano voiced concerns about traffic ingress and noise from the nearby train tracks seeking reassurances regarding resident safety and sound mitigation measures. She proposed working with a muralist to adorn a blank wall instead of paying an in lieu fee, emphasizing the importance of art in the community. The developer agreed to explore this option, and the discussion concluded with a compromise to enhance community benefits while expressing overall approval for the project and its
April 16, 2024 Milpitas City Council Minutes Page 6
color scheme.
Councilmember Barbadillo expressed gratitude for the public art compromise and raised concerns about parking and traffic. He highlighted the potential issues of reduced parking and emphasized the importance of community education regarding the project's design and parking decisions given the constraints imposed by state law.
City Manager Thomas suggested proposed language for an additional condition of approval, "During development and construction of the project, the applicant shall coordinate with the Department of Recreation and Community Services to develop designs for a significant mural on the stairs for the tower facing Main Street with final design to be revised by the Arts commission for recommendation and final approval on design and cost by City Council with completion of the mural prior to 50% of occupancy permits being issued." The Developer asked if it would be possible that the design only go to the Arts Commission rather than going before the City Council again. The City Council agreed.
Mayor Montano inquired about bus passes for tenants and expressed appreciation for including 39 parking spaces despite not being required by state density bonus law. The developer explained the challenges of the site and the efforts made to maximize parking.
After discussion, motion: to (1) Conduct a public hearing on the development of two multi-family residential buildings with 118 below-market rate (100% affordable); (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class 32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and (3) Adopt Resolution No. 9317 to approve Site Development Permit No. SD22-0015, Density Bonus Permit No. DB23-0011 and Environmental Assessment No. EA23-0015, subject to the findings and Conditions of Approval; and (3) add to the Conditions of Approval for the developer to, "coordinate with the Recreation and Community Services Department to develop designs for a significant mural on the stair tower facing Main Street, with the final design to be reviewed by the Arts Commission for recommendation, and completion of the mural prior to 50% of occupancy permits issued for the multifamily residential project at 1300 South Main Street." Motion/Second: Mayor Montano/Councilmember Lien
Motion carried by the following:
AYES: Mayor Montano, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua
17. Conduct a Public Hearing and Adopt a Resolution Approving the Proposed 2025-2029 Capital Improvement Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
City Manager Thomas introduced the item. City Engineer Silveira presented the report.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Voltaire Montemayor
Mayor Montano closed the public hearing.
Mayor Montano inquired after street ratings, well regulations, infrastructure costs, and grant
April 16, 2024 Milpitas City Council Minutes Page 7
opportunities.
After discussion, motion: to Conduct a public hearing and adopt Resolution No. 9318 approving the 2025-2029 Capital Improvement Program..
Motion/Second: Councilmember Barbadillo/Councilmember Lien Motion carried by the following:
AYES: Mayor Montano, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Thomas announced the Small Business Expo taking place on Saturday, April 20, 2024, and the commencement of Phase I of the Council Chamber Improvements.
Councilmember Lien announced the Black April Event to take place at the City Hall Plaza on April 28, 2024.
Councilmember Barbadillo asked the City Council to revisit the solicitation ordinance for potential improvements and reintroduction, and to explore the possibility of augmenting the Planning Commission's stipend. There was consensus to add both items to the prioritization list (Vote: 4-0-1. Absent: Chua).
ADJOURNMENT
Mayor Montano adjourned the meeting at 9:10 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 5/2/2024
May 21, 2024 – Regular Meeting
CLOSED SESSION
•Labor Relations
INVOCATION (Vice Mayor Chua)
PRESENTATION
•Asian Pacific American Heritage Month (Proclamation)
•Public Works Week (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for April and May 2024 (City Clerk)
2. Approve City Council Meeting minutes of May 7, 2024 (City Clerk)
3. Preview list of items for June 4, 2024 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Legislation Update (City Manager)
6. VTA BPAC Appointment (City Manager)
7. FY2023-24 3rd Quarter Financial Status Report for the Quarter Ended March 31, 2024 (Finance)
8. Xerox 5-Year Contract Renewal (Finance)
9. Adopt Resolution for Final Acceptance of Storm Drain Projects (Public Works)
10. 355 Sango Court Initial Acceptance (Public Works / Engineering)
11. Cross-Connection Hazard Assessment Contract Award (Public Works)
12. Community Heroes Policy (Recreation)
PUBLIC HEARINGS
13. FY 2024-2025 User and Regulatory Fee Schedule (Finance)
14. CIP 2016 VOC CEQA Adoption & Conceptual Design Acceptance & CIP 2018 POC Conceptual Design Acceptance (Public Works / Engineering)
COMMUNITY SERVICES
15. BAAQMD Air Quality Presentation (Public Works)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
This item will be considered as part of the
next City Council prioritization discussion
2 Revisit the solicitation ordinance for potential
improvements and reintroduction Barbadillo 4/16/2024
This item will be considered as part of the
next City Council prioritization discussion
3 Explore changing or enhancing the focus of the
community advisory commission to add housing Chua 4/2/2024 This item will be considered as part of the
next City Council prioritization discussion
4 Honor military residents by selecting several at one
given month during the year for recognition with
banners displayed on Main Street Chua 3/19/2024
This item will be considered as part of the
next City Council prioritization discussion
5 Explore options for revisions to ADU ordinance Chua 3/5/2024 This item will be considered as part of the
next City Council prioritization discussion
6 Explore an Arts Month Event where commissioners
can exhibit their Art Chua 3/5/2024
This item will be considered as part of the
next City Council prioritization discussion
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
7 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 An update was included in the February 20th
Council prioritization reprt.
8 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
9 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 An update was included in the February 20th
Council prioritization reprt.
10 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
11 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item was approved to move forward as
part of the February 20th Council
prioritization
12 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update was included in the February 20th
Council prioritization reprt.
13 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update was included in the February 20th
Council prioritization reprt.
14 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
15 Main Street International Festival Lien 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
16 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
17 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
18 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the February 20th
Council prioritization reprt.
19 Pickleball Pilot Project Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
20 Main Street Infrastructure Projects Montano 2/28/2023 An update was included in the February 20th
Council prioritization reprt.
21 Main Street Flooding at Library Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
22 Satellite Consulate Office Montano 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
23 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the February 20th
Council prioritization reprt.
24 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022
An update was included in the February 20th
Council prioritization reprt.
25 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the February 20th
Council prioritization reprt.
26 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update was included in the February 20th
Council prioritization reprt.
27 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
28 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
29 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update was included in the February 20th
Council prioritization reprt.
30 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the February 20th
Council prioritization reprt.
31 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the February 20th
Council prioritization reprt.
32 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the February 20th
Council prioritization reprt.
33 Consider Community Museum and Park on Main
St. Phan 8/20/2019
to Rules Subcommittee 8/23/2019. Moved
to Specific Plan Community Conversation
events.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving Memorandum of Understanding Between the City of Milpitas and Milpitas Police Officers Association (MPOA) Covering the Period of January 1, 2024 through December 31, 2026 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/7/2024
Recommendation: Adopt a resolution approving a Memorandum of Understanding between the City of Milpitas and Milpitas Police Officers Association (MPOA) covering the period of January 1, 2024 through December 31, 2026.
BACKGROUND:
The Memorandum of Understanding (MOU) between the City of Milpitas and the Milpitas Police Officers Association expired on December 31, 2023. Thus, the City needs to enter into a new MOU.
ANALYSIS:
City representatives and representatives from MPOA met and conferred in good faith to negotiate a new MOU.
The City and MPOA began negotiations on August 24, 2023 and met 7 times. A Tentative Agreement has been reached with a new successor Memorandum of Understanding with an effective date of January 1, 2024 and will remain in effect through December 31, 2026. The MPOA Bargaining Group voted in favor of the Tentative Memorandum of Understanding on April 11, 2024. The major items of the agreement are:
1) Three-year contract with the following wage adjustments:
•6.5% base salary increase for Sworn and Non-Sworn employees retroactive to the first full pay period in January 2024.
•5.0% base salary increase for Sworn employees and a 3.0% base salary increase for Non-Sworn employees effective the first full pay period in January 2025. •4.0% base salary increase for Sworn employees and a 3.0% base salary increase for Non-Sworn employees effective the first full pay period in January 2026. 2) New incentive pay for eligible sworn employees for Crisis Intervention Training (CIT):
•Effective the first full pay period in January 2024, all sworn employees who meet the following criteria shall receive 2.5% of the employee’s base pay:
oCalifornia POST Crisis Intervention Training (Basic) Certification; or oCalifornia POST Hostage (Crisis) Negotiation Training (Basic) Certification; or •Minimum 24 hours of relevant training as determined by the Department’s Training Unit, including courses in crisis intervention, de-escalation, strategic communication, and other topics relative to promoting positive, non-biased, non-use of force interactions with the community.
The Memorandum of Understanding is included in the City Council’s agenda packet as Exhibit A to the Resolution to approve the MOU. The draft MOU document was available for public review for the 10-day period required by the City of Milpitas Open Government Ordinance starting on April 26, 2024.
POLICY ALTERNATIVE(S):
Alternative 1: Do not adopt the Resolution in the Recommendation Pros: The City would not have to incur additional costs due to wage increases.
Cons: The City would not have a current MOU with this bargaining group representing over 115 City employees who help keep the Milpitas community safe
FISCAL IMPACT:
There is sufficient funding the FY 2023-2024 budget to cover the costs for the proposed wage and benefit increases for this current fiscal year, which is $1,169,016 on top of what has already been budgeted. The proposed wage and benefit increase for FY 2024-2025 and FY 2025-2026 will be incorporated in the budget adoption process.
The fiscal impact for the proposed increases for MPOA will be approximately $9,131,377 over three fiscal years.
California Environmental Quality Act (CEQA):
Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.
RECOMMENDATION:
Adopt a resolution approving a Memorandum of Understanding between the City of Milpitas and Milpitas Police Officers Association (MPOA) covering the period of January 1, 2024 through December 31, 2026.
Attachment(s):
(a) Resolution Approving MPOA MOU and Updated Salary Table (b) Exhibit A – Memorandum of Understanding
(c) Exhibit B – Salary Table
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE
MEMORANDUM OF UNDERSTANDING WITH THE MILPITAS POLICE OFFICERS ASSOCIATION, FOR THE PERIOD OF JANUARY 1, 2024 THROUGH DECEMBER 31, 2026 AND APPROVE AND ADOPT THE PAY SCHEDULE TITLED “ALL JOB
CLASSIFICATIONS/SALARY TABLE”
WHEREAS, the most recent Memorandum of Understanding (MOU) between the Milpitas Police Officers Association (MPOA) and the City of Milpitas covered the period of January 1, 2017 through December 31, 2023; and
WHEREAS; representatives of MPOA and the City of Milpitas met in good faith and negotiated a successor MOU; and
WHEREAS, the new MOU between MPOA and the City of Milpitas shall be effective January 1, 2024, through December 31, 2026, a copy of which is attached as “Exhibit A.” NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The MOU between the Milpitas Police Officers Association and the City of Milpitas, attached hereto as Exhibit A, is hereby approved and the City Representatives are hereby authorized to execute it.
3. The City Council approves and adopts Exhibit B, the pay schedule “ALL JOB CLASSIFICATIONS/SALARY TABLE effective May 7, 2024”.
PASSED AND ADOPTED this ______ day of ___________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_________________________________
Michael Mutalipassi, City Attorney
MEMORANDUM
of
UNDERSTANDING
The City of Milpitas
and
Milpitas Police Officers Association
January 1, 2024 – December 31, 2026
TABLE OF CONTENTS
Page No.
SECTION 1.00 – EMPLOYEE RIGHTS 2
SECTION 2.00 – CITY RIGHTS 7
SECTION 3.00 – ADVANCE NOTICE 8
SECTION 4.00 - DISCIPLINE PROCEDURES 9
SECTION 5.00 - LAYOFF 13
SECTION 6.00 - RESIGNATION 13
SECTION 7.00 - OTHER EMPLOYMENT 13
SECTION 8.00 - GRIEVANCE PROCEDURE 14
SECTION 9.00 - ANNUAL VACATION LEAVE 16
SECTION 10.00 - SICK LEAVE 19
SECTION 11.00 - FAMILY LEAVE 20
SECTION 12.00 - MILITARY LEAVE 21
SECTION 13.00 – LEAVE OF ABSENCE 21
SECTION 14.00 - JURY LEAVE 22
SECTION 15.00 - WORKERS’ COMPENSATION LEAVE 22
SECTION 16.00 - COMPASSIONATE LEAVE 23
SECTION 17.00 - HOURLY RATE AND OVERTIME 23
SECTION 18.00 - HOLIDAYS 25
SECTION 19.00 - STANDBY ASSIGNMENT 26
SECTION 20.00 - EDUCATION AND TRAINING 27
SECTION 21.00 - ATTENDANCE 28
SECTION 22.00 - SAFETY EQUIPMENT 29
SECTION 23.00 - UNIFORM ALLOWANCE 30
SECTION 24.00 - RETIREMENT PLAN 31
SECTION 25.00 - K-9 PREMIUM 35
SECTION 26.00 - PAY PLAN 35
SECTION 27.00 - BENEFITS 36
SECTION 28.00 - WORK-OUT-OF-CLASS 37
SECTION 29.00 - INCENTIVE PAY 38
SECTION 30.00 - POLICE VEHICLES 39
SECTION 31.00 – EMPLOYEE ASSISTANCE PROGRAM 40
SECTION 32.00 - LIGHT DUTY 41
SECTION 33.00 - NO DISCRIMINATION 41
SECTION 34.00 - MOTORCYCLE PROGRAM 41
SECTION 35.00 - SELECTED STAFFING ASSIGNMENTS 42
SECTION 36.00 - MISCELLANEOUS 44
SECTION 37.00 - NO LABOR ACTION 46
APPENDIX A - SALARY SCHEDULE 48
APPENDIX B - SAFETY EQUIPMENT 49
APPENDIX C - DEPRECIATION SCHEDULE 50
-1-
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MILPITAS AND MILPITAS POLICE
OFFICERS ASSOCIATION ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS JANUARY 1, 2024 TO DECEMBER 31, 2026
The authorized representatives of the City of Milpitas, hereafter referred to as the "City," and the authorized representatives of the Milpitas Police Officers Association, hereafter referred to as the "Association," do hereby jointly accept and agree to all the terms and conditions of employment set forth in this Memorandum of Understanding (hereinafter "MOU") pursuant to Section 15.13 of the Personnel Rules and Regulations of the City of Milpitas (as amended).
If any section, subsection, sentence, clause or phrase of the Memorandum is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
a)The term of this MOU shall be for three years commencing at 12:01 a.m. on January 1, 2024 and terminating at 12:00 Midnight on December 31, 2026.
b)This MOU shall apply to all employees listed in the salary schedule set forth in Appendix A of this agreement and attached hereto.
c)The terms and conditions of employment set forth in this MOU have been arrived at upon meeting and conferring in good faith by the authorized representatives of the City and the authorized representatives of the Association. The authorized representatives of the Association agree to recommend acceptance by the employees of all terms and conditions of employment set forth herein and the authorized representatives of the City agree to recommend to the Milpitas City Council that all terms and conditions set forth herein be approved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party.
d)This MOU is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et. seq.) and has been jointly prepared by the parties. e)The legal relationship between the City, its employees and the Milpitas Police Officers Association is governed by the law of the State of California including but not limited to the Meyers-Milias- Brown Act, the Public Safety Officers Procedural Bill of Rights Act, City Ordinances, Resolutions, Rules and Procedures and this Memorandum of Understanding. Wherever this MOU contains a provision relating to the subject matter which is also referred to in City Resolutions, Rules or Procedures, the provisions of this MOU shall prevail. The parties understand and agree that City ordinances cannot be amended by this agreement.
f)The City recognizes the Association as the exclusive representative under Government Code Sections 3500 et. seq. for the following classifications of employees within the Milpitas Police Department:
Patrol Officer
Police Officer
Police Sergeant
Police Lieutenant
Patrol Officer Trainee
-2-
Police Officer Trainee
Communications Dispatcher
Communications Supervisor
Community Service Officers
Police Clerk I
Police Clerk II
Police Clerk Supervisor
Police Evidence Technician
Police Assistant
SECTION 1.00 – EMPLOYEE RIGHTS
1.01 Any employee in the City's competitive service may join, organize, maintain or not maintain membership in a labor organization. The City neither encourages nor discourages these activities, nor does membership or non-membership in any labor organization affect the employee’s standing or rights as a City employee. The right to join, organize or maintain membership in a labor organization is also extended to any association of municipal employees not identified with any labor organization.
The right to join a labor union or any association of municipal employees also includes the right not to join. Any employee desiring to join, remain a member, or become independent of any such organization or association is free to exercise these rights without undue influence, coercion, intimidation, or pressure of any kind from any person. Any City right or benefit shall not be denied or adversely affected by employees covered by this MOU exercising their right not to join an employee organization. No employee covered by this MOU shall be denied or adversely affected in City rights or benefits for engaging in employee organizational activities, including representing the Association or members of the Association.
1.02 Employees participating in organizational or other labor union activities or similar activities of any employee association are required to conduct such activities on their own time and not during regularly assigned working hours, with the following exceptions:
1.02.1 An Association representative representing or assisting an Association member in the presentation of a grievance (including representation in a disciplinary proceeding) may use such working hours as are essential to present the grievance to management.
1.02.2 Officials of any organization representing employees in this bargaining unit may meet with the City Manager or other City officials when such meeting times are approved by the City Manager.
1.02.3 Business agents or representatives of the Association or its affiliates having business (other than recruiting of members) with the officers or individual members of the Association or other recognized employee group may meet and confer on duty with such officers or members during the course of the working day for a reasonable period of time, provided that permission is first obtained from the Chief and the employee's immediate supervisor, and further provided that the conduct of such business will in no way conflict with the performance of City business.
-3-
1.03 The use of the workplace or premises for organizational activities other than the presentation of a grievance or the conduct of business as provided for above is permitted only after working hours, with advance notice to the Chief or City Manager, and shall in no way interfere with the performance of official duties of on-duty personnel. . The City will provide space upon request at any City facility for a union or employee association furnished, installed, and maintained bulletin board for posting of notices and bulletins and a magazine rack for distribution of union or association literature.
1.04 For City employees who may wish to belong to a public employee union or association, the City will cause dues to be deducted when specifically authorized in writing.
1.05 The Association will set the monthly membership dues rates for eligible permanent employees who elect to be dues-paying members. The Association shall determine and inform City of the single lump sum amount of the dues that will be deducted every two weeks for each employee. The amounts to be deducted shall remain in place unless and until City is notified otherwise by the Association. The Association will be the custodian of record for membership within its bargaining unit and on a regular basis will provide City with certification of those employees who have authorized dues deduction. The above subsection shall be applied in accordance with federal, state and local law.
1.05.1 Unit members on voluntary leave without pay and unit members who are on laid-off status shall be exempt from the provisions herein, except that the election as to the membership must be exercised within the first ten (10) workdays upon return to paid status.
1.05.2 City is under no obligation to make payroll deductions for periods during which a unit member is either terminated from employment or not on City's payroll for any reason, including, but not limited to, layoff and voluntary leave of absence for more than thirty (30) days.
1.05.3 Upon the rehiring of any unit member, City shall treat such unit member as a new unit member for purposes of this Section.
1.05.4 Association, as defined in this Section, shall hold City harmless, and shall reimburse City fully and promptly for any fees, costs, charges, or penalties incurred in responding to or defending against claims, disputes, challenges which are actually brought against City or any of its agents, in connection with the administration or enforcement of any subsection of the Section pertaining to representation fees. Such reimbursement shall include, but not be limited to, court costs, litigation expenses, and attorney's fees incurred by City.
1.06 There is no intent by Association or City to create an “Association Office”; however, the City recognizes the Association’s need to conduct administrative
-4-
tasks. Therefore, City shall provide space approved by the Police Chief to accommodate an Association file cabinet, bookcase and answering machine.
This arrangement shall not be used by on-duty members during work hours except as provided for in this section. It is understood that administrative tasks exclude political activities. Association agrees not to engage in any political activities while using a City facility.
1.07 City shall provide paid release time for Association officers and members to conduct essential Association business, such as labor negotiations, PORAC/FOP annual conference, training and monthly meetings, benefits meetings with the City and/or applicable government agencies, and other essential training and conferences, excluding political activity, upon reasonable written notice to and prior approval by the Police Chief. Release time shall not result in overtime by any other employee. These events include but are not limited to:
EVENT ANTICIPATED MAXIMUM
PERSONNEL DAYS/HOURS
PORAC/FOP Monthly Meetings 2 5 hr./month
PORAC/FOP Annual Conference 3 5 days
Labor Negotiations Training 3 3-4 days
LTD and Health Benefits Meetings 2 5 hr.
PERS Meetings 2 1 day
MOU Negotiations 5 Per meeting
The Police Chief or designee may approve additional paid release time for meetings, seminars, conventions, and symposia at the request of Association.
1.08 Association's use of City facilities shall be conditioned upon City's right to suspend, revoke or modify said use upon reasonable notice. After notifying Association of City's proposed action and the reason for the action, the City Manager or designee will convene a meeting to consider Association's position and to decide whether the use shall be suspended, revoked, or modified.
1.09 City agrees to notify an elected officer of Association if an employee dies or suffers a serious injury while in the course and scope of duty or causes or is accused of causing a serious injury or death while in the course and scope of duty. Association has the obligation to maintain confidentiality regarding private medical information learned about an employee’s injury.
SECTION 2.00 – CITY RIGHTS
2.01 The City continues to possess exclusively the rights listed below, plus all other rights to which by law the City is entitled. These rights may not be abridged or modified in any way, except by formal legislative action by the City Council (i.e. resolution or ordinance) The City has the right and may exercise its discretion:
2.01.1 To determine the mission of its constituent departments, commissions and boards;
2.01.2 To set standards of service.
2.01.3 To direct employees, make assignments and reassignments, schedule and assign work, and require and assign overtime work;
2.01.4 To take disciplinary action;
-5-
2.01.5 To relieve its employees from duty because of lack of work or other legitimate reasons;
2.01.6 To employ any appropriate means or method to maintain the efficiency of governmental operations and administration;
2.01.7 To determine the methods, means and personnel by which government operations are to be conducted;
2.01.8 To determine the procedure and standards for selection for employment and determine the content of job classifications;
2.01.9 To determine when an emergency exists and to take all necessary action to carry out its mission in emergencies, including recalling and deploying off-duty personnel and requiring that employees work overtime;
2.01.10 To exercise complete control and discretion over its organization and technology of performing its work;
2.01.11 To organize and reorganize its departments and affairs, and to otherwise exercise complete control and discretion over its organization;
2.01.12 To transfer or reassign employees, as outlined in the MOU; and
2.01.13 To layoff employees by position as a result of: a material change in duties, organization, or shortage of work or funds in the Department or the City.
2.02 Specialty Assignments: Routine and scheduled openings to specialty assignments shall be announced at least four (4) weeks in advance in writing so that eligible candidates have the opportunity to submit a request for such specialty assignment. In making the assignment, the Police Chief shall consider, but is not limited to, the applicant’s special skills, qualifications, evaluations, and service record and the effect of the assignment on the applicant’s career development. When a specialty assignment occurs at other than a normal rotation date, the Department shall post the announcement at least two weeks in advance of the selection.
2.03 Transfers: As specified above, the City retains the right to make personnel transfers as deemed necessary for the good of the City and the Department. Said transfers shall not be made without reasonable notice (as the circumstances permit) to such employee or until the employee’s written objections, if any, are considered by the Chief.
Such transfers shall not be for disciplinary purposes. The City shall not be required to comply with pre-disciplinary or disciplinary procedures in connection therewith.
No sworn officer shall be loaned or temporarily reassigned to a location or duty assignment if another sworn officer would not normally be sent to that location or would not be given that duty assignment under similar circumstances.
2.04 Any violation of the policies and procedures created by this MOU may be grounds for disciplinary action as defined by this MOU. Any MOU provision between the City and the Association shall take precedence over any of the above-enumerated employee and management rights. Such a Memorandum of Understanding will be honored in good faith during the life of this contract.
2.05 Except in cases of emergency the City shall give written notice (30 days in advance of any contract with third parties) which shall result in the lay-off, demotion, or transfer of any employee
-6-
represented by the Association and shall meet and confer with the Association regarding the same upon reasonable notice.
SECTION 3.00 – ADVANCE NOTICE
Except in cases of emergency as provided in this section, the City shall give reasonable written notice to each recognized employee organization affected by an ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation including actions taken under City Rights that affect wages, hours and other terms and conditions of employment proposed to be adopted by the City and shall give such recognized employee organizations the opportunity to meet with City representatives. The scope of representation shall not, however, include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.
SECTION 4.00 - DISCIPLINE PROCEDURES
4.01 - DISCIPLINARY ACTION
4.01.1 Causes for Disciplinary Action
Discipline may be imposed for cause, based upon, but not limited to, the following conduct:
(a) Fraud in securing appointment.
(b) Falsification of records.
(c) False statements or representations regarding another employee or work performed.
(d) Failure to satisfactorily perform the duties and/or responsibilities of an employee’s position.
(e) Inexcusable neglect of duty.
(f) Insubordination.
(g) Reporting for or performing work while impaired as a result of alcohol and/or drug use.
(h) Dishonesty or misuse of or misappropriation of City property and/or funds. (i) Criminal conviction which carries potential sentence of imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude, or conviction of any misdemeanor substantially relating to the function of an employee’s position.
(j) Unauthorized absence.
(k) Absenteeism.
(l) Non-observance of work hours, including tardiness, and abuse of leave privileges.
(m) Discourteous or non-cooperative treatment of the public or other employees. (n) Conduct, either during or outside duty hours, which is of such a nature that it causes discredit to the Police Department or the City.
(o) Violation of any condition of employment contained in the Municipal Code; the Personnel Rules & Regulations; any Personnel Policies and Procedures, the Milpitas Police Manual; this Memorandum of Understanding; or a formal action of the Council.
-7-
(p) Failure to meet financial obligations to the extent that such failure leads to repeated attachment or garnishment of wages (consistent with California law). (q) Acceptance of gift or gratuity for performing City employment-related favor or service.
(r) Failure to acquire, maintain and/or keep current any required licenses or certificates.
(s) Violation of the City’s or department’s outside work policy. (t) Any illegal discriminatory act or omission based on race, age, sex, religion, political opinion or affiliation, national origin, marital status, physical or mental disability, color, creed, ancestry, sexual orientation or medical condition towards employees, applicants, independent contractors, City Council and Commission members and citizens.
(u) Gossiping.
(v) Abandonment of position.
4.02 Disciplinary Action
4.02.1 Written Reprimand
Written reprimand means written notification to the employee that there is cause for dissatisfaction with the employee's conduct or performance and that further disciplinary measures may be taken if said conduct or performance is not corrected.
Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Director. Written reprimands shall be made a part of the employee's official personnel record and as such may be considered as pertinent evidence or information in any hearing. The appeals procedure for written reprimands is set forth in Section 4.05.2 below.
4.02.2 Suspension
Suspension without pay shall be any loss in pay, not to exceed thirty (30) calendar days.
4.02.3 Reduction in Step
Reduction in Step within range shall be the withdrawal of step advancements granted.
Reduction in pay shall become effective on the effective date of the disciplinary action.
Reduction may be made on a permanent or temporary basis.
4.02.4 Involuntary Demotion
Involuntary demotion shall be a reduction in classification to a classification having a lower maximum salary with reduction in salary. Demotion may be made on a permanent or temporary basis.
4.02.5 Termination
Termination means the dismissal of an employee from City service.
4.03 Authority for Disciplinary Action
-8-
The Police Chief, or designated representative, has authority to take disciplinary action. The Human Resources Director shall be notified of any contemplated disciplinary action, beyond a letter of reprimand, prior to the time it is taken, or in an emergency situation, as soon as possible.
The immediate supervisor has the authority to issue a letter of reprimand.
4.04 Proposed Discipline Notice to Employees
Prior to receiving any suspension, reduction in step, involuntary demotion or termination, the employee shall be served with a proposed disciplinary notice containing the following:
(a) The proposed disciplinary action;
(b) The nature of the charges and/or violation of City ordinances, resolutions, written procedures, municipal code, personnel rules and regulations or departmental regulations, policies or operating procedures;
(c) The reasons for the proposed action;
(d) The materials upon which the action is based;
(e) An opportunity for the employee to respond to the charges in writing and/or to a hearing officer, not less than five working days from the date the notice was served; and (f) The right of the employee to be represented by an attorney or other representative at any disciplinary conferences or proceedings.
4.04.1 Any employee notified pursuant to Section 4.04 above who desires an opportunity to respond may do so by appearing at the appointed place and time. Said response may be oral or in writing. The employee is not entitled to an evidentiary hearing, and the sole purpose of the meeting shall be to hear the response of the employee to the charges. The employee shall be entitled to representation, but shall not be entitled to present witnesses, unless the hearing officer determines that the presentation of witnesses is necessary.
4.04.2 In the event that the employee is unable to respond to the charges within the time permitted, and demonstrates the reasonableness of a continuance, the hearing officer may grant a continuance.
4.05 Right of Appeal
4.05.1 Reprisals
No party to the discipline process shall retaliate against another party to the discipline process because the party participated in the discipline process.
4.05.2 Written Reprimand
The employee may request an administrative hearing with the Police Chief by submitting a written request within ten (10) working days from the date of the written reprimand. The Police Chief shall hold the hearing within ten (10) working days of the filing of the request and shall issue written findings within ten (10) working days of the hearing. The employee is not entitled to an evidentiary hearing, and the sole purpose of the meeting shall be to hear the response of the employee to the charges. The employee shall be entitled to representation, but shall not be entitled to present witnesses, unless the Police Chief, or designated representative, determines that the
-9-
presentation of witnesses is necessary. Written reprimands are not subject to the Discipline Appeal process set forth in Section 4.05.3 and/or the Grievance Process.
The Human Resources Director shall remove a letter of reprimand from a sworn personnel file or any other file used for personnel purposes upon written request by the sworn employee provided there have been no additional disciplinary actions of a similar nature during the subsequent twelve (12) months. The Human Resources Director shall remove a letter of reprimand from a non-sworn personnel file or any other file used for personnel purposes upon written request by the non-sworn employee provided there have been no additional disciplinary actions of a similar nature during the subsequent twenty-four (24) months. Any letter of reprimand shall be considered removed from the employee’s personnel file or any other file used for personnel purposes after twelve (12) or twenty-four (24) months from the date of the written reprimand.
If the employee’s performance appraisal review contains any reference to the letter of reprimand which has been removed from the employee’s personnel file, that section or page of the employee’s performance appraisal review shall be rewritten so that any reference to the letter of reprimand is deleted.
4.05.3 Suspensions, reduction in step, demotion and termination The following procedure shall be used in the appeal process:
Appeal: Within ten (10) working days of the receipt of written notice of final disciplinary action, the disciplined employee may appeal the disciplinary action to arbitration by filing a written request with the Police Chief and the Human Resources Director.
If either the City or the disciplined Employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the discipline appeal first. No hearing on the merits of the discipline appeal shall be conducted until the issue of arbitrability has been decided.
The parties shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service within ten (10) working days after receipt of the employee’s request for arbitration.
The fees and expenses of the arbitrator shall be shared equally by the City and the disciplined employee, or Association, if the Association represents the disciplined employee at the arbitration.
The services of a certified court reporter is optional. However, if any party and/or the arbitrator desires a certified court reporter, a court reporter will be employed. The parties will share the cost of the court reporter, including the original transcript, and shall pay for their own copies of the transcript. However, if (1) the arbitrator does not desire a transcript or require a court reporter, and (2) a party states in writing before the beginning of the hearing both that the party (a) does not desire a court reporter and (b) will not order a transcript, that party shall not be responsible for paying any portion of the cost of the court reporter. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
The arbitrator shall have no power or authority to interpret anything other than the Memorandum of Understanding, Personnel Rules and Regulations, and existing policies, rules, directives or procedures. The arbitrator shall be without power or authority to make any decision that requires
-10-
the City to commit an unlawful act. The arbitrator also shall not have authority to change existing wage rates or employee benefits.
If, as result of an arbitration award, an employee’s disciplinary action is overturned or modified in any way, relevant portions of the employee’s performance appraisal review shall be rewritten, if necessary, so the performance appraisal does not include references or language inconsistent with the arbitrator’s decision.
Decision - Final and Binding: The arbitrator shall issue a written decision within thirty (30) working days of hearing or submission of written briefs, whichever is later, that provides direction to the Police Chief and the City and shall be final and binding.
4.06 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
SECTION 5.00 - LAYOFF
5.01 Any layoff shall be according to seniority and the procedures defined in Municipal Code Section VI- 102 et seq.
5.01.1 The City Manager, after review with the Chief and the Human Resources Director, may lay off an employee because of material change in duties, organization, or shortage of work or funds in the department or the City.
5.01.2 The Human Resources Director shall notify the affected employee(s) in writing at least thirty (30) days in advance of the intended layoff and of their option to accept a voluntary demotion in lieu of layoff.
5.01.3 Employees laid-off or accepting demotions in lieu of layoff shall be placed on a Re-Employment List in inverse order of displacement for an appropriate Class for three (3) years.
SECTION 6.00 - RESIGNATION
An employee wishing to resign in good standing shall file with the Chief a written resignation at least two calendar weeks before the effective date of termination, stating the reasons for leaving. The resignation shall be forwarded to the Human Resources Director. Failure to comply with this requirement shall be entered in the service record of the employee and may be cause for denying future employment with the City.
SECTION 7.00 - OTHER EMPLOYMENT
7.01 Employees may engage in other employment or business activity that is not inconsistent, incompatible, in conflict with, or inimical to the employee's duties or the duties, functions, or responsibilities of the City, and which does not involve time demands that would reduce the employee's efficiency.
7.02 An employee's outside employment, activity or enterprise may be prohibited if it:
(a) Involves the use for private gain or advantage of City time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of the City office or employment.
-11-
(b) Involves receipt or acceptance by the Employee of any money or other consideration from anyone other than the City for the performance of an act which the Employee, if not performing such act, would be required for expected to render in the regular course of hours of City employment or as a part of regular duties. (c) Involves the performance of an act, which may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by any other Employee of the City. (d) Involves such time demands as would reduce the Employee's efficiency. (e) Creates a conflict of interest.
(f) Would reflect adversely on the reputation of the City or Police Department. (g) Would interfere with the Employee’s concentration, efficiency, quality of performance or safely performing his or her duties.
(h) Would significantly interfere with the Employee’s ability or willingness to work overtime and/or “cover” other Employees’ shifts.
7.03 Employees must notify the Police Chief in writing, and obtain advance written approval, for other employment. Disapproval of such requests may be appealed to the City Manager whose decision shall be final. Other employment work permits shall be kept in the employee’s personnel file and maintained according to personnel rules.
7.04 For occasional and sporadic employment (including activities and enterprises where compensation is paid), employees must notify the Police Chief of such employment in writing prior to engaging in such activities; provided, however, that where such advance notice is not reasonably possible, it may be provided not later than the employee’s next working day.
SECTION 8.00 - GRIEVANCE PROCEDURE
8.01 Definitions
(a) A grievance is any dispute, which involves the interpretation of application of any provision of this MOU. A grievance does not include disciplinary actions, as a different review procedure for disciplinary matters is otherwise provided in this MOU. Performance appraisal reviews are not grievable.
(b) A "grievant" is any Employee, or the Milpitas Police Officers Association on behalf of more than one employee, adversely affected by an alleged violation of the specific provisions of a Memorandum of Understanding or the Personnel Rules and Regulations. (c) A “working day" is any day in which the City Hall is open for business. (d) "Employee organization" is the Milpitas Police Officers Association.
8.02 Representation
At any step in the grievance procedure, the employee concerned may choose representation by himself/herself, representation by the Association or representation by legal counsel. The concerned employee shall be personally present at all stages of the grievance procedure unless the employee specifically waives the right in writing.
8.03 Scheduling/Attendance
-12-
Every effort shall be made to schedule grievance meetings at times that do not interfere with the regular workday of the participants. If any grievance meeting or hearing must be scheduled during duty hours, an employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time. Overtime shall not be provided for off-duty time except for witnesses requested to testify by the City.
8.04 Informal Grievance
The parties shall attempt to deal with and settle grievances informally, at the nearest practical organizational level, and as promptly and fairly as possible.
In any instance of grievance, the employee or employees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned within thirty (30) calendar days following the occurrence, or knowledge, of the events on which the grievance is based.
8.05 Formal Grievance - Level I
If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within ten (10) working days of the immediate supervisor’s decision, the grievant(s) shall submit a grievance statement in writing. The written grievance shall set forth all of the issues involved; shall be dated and signed and shall be submitted to the Police Chief. It is recommended but not required that the grievance contain each of the following:
(a) a description of the specific facts and grounds upon which the grievance is based including names, dates, and places necessary for a complete understanding of the grievance; (b) a specific explanation of how the grievant has been adversely affected; (c) a listing of the provisions of the MOU which are alleged to have been violated; (d) a listing of specific actions requested by the grievant of the City which will remedy the grievance, including a specific dollar amount, and the basis for the dollar amount, of any alleged damages at issue;
(e) an explanation why the grievant believes the decision at the informal grievance step was unsatisfactory;
(f) a statement declaring self representation or the selection of representation by the Association for said grievance; and
(g) the name, address and telephone number of the person(s) to whom notices may be sent regarding the grievance
The Police Chief, or designated representative, shall investigate the facts and issues and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department's business. Within ten (10) working days of receiving the formal grievance, the Police Chief or designated representative shall issue a written decision on the grievance.
8.06 Formal Grievance - Level II
If the grievance has not been resolved at Level I, the grievant may appeal the Department’s written decision to the Human Resources Director or designee, within ten (10) working days after receiving
-13-
the Department's decision. The Human Resources Director or designee will review the facts and issues, further investigate as is necessary, and reach a conclusion. Within ten (10) working days of receiving the appeal, the Human Resources Director or designee shall issue a written decision on the grievance appeal.
8.07 Formal Grievance - Level III
If the grievance has not been resolved at Level II, the grievant may appeal the Human Resources Director’s written decision to the City Manager or designee, within ten (10) working days after receiving the Human Resources Director’s decision. The City Manager or designee will review the facts and issues, further investigate as is necessary, and reach a conclusion. Within ten (10) working days of receiving the appeal, the City Manager or designee shall issue a written decision on the grievance appeal.
8.07 Arbitration
Within ten (10) working days of the receipt of City Manager’s final decision, the Grievant may request arbitration by filing a written request with the Police Chief. The Association shall also provide a copy to the Human Resources Director.
If either the City or the Grievant so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided.
The parties shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service within ten (10) working days after receipt of the Association’s request for arbitration.
The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the Grievant. The services of the certified court reporter are optional; however, if any party and/or the arbitrator desires a certified court reporter, a court reporter will be employed. The parties will share the cost of the court reporter, including the original transcript, and shall pay for their own copies of the transcript. However, if (1) the arbitrator does not desire a transcript or require a court reporter, and (2) a party states in writing before the beginning of the hearing both that the party (a) does not desire a court reporter and (b) will not order a transcript, that party shall not be responsible for paying any portion of the cost of the court reporter. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
The arbitrator shall be without power or authority to make any decision that requires the City to commit an unlawful act. The arbitrator also shall not have authority to change existing wage rates or employee benefits.
Decision - Final and Binding
The arbitrator shall issue a final and binding written decision within thirty (30) working days of hearing or submission of written briefs, whichever is later, that provides direction to the Police Chief and the City and shall be final and binding upon both parties.
8.08 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of the procedure specified in this section may be waived upon consent of all parties involved.
-14-
SECTION 9.00 - ANNUAL VACATION LEAVE
9.01 All City employees shall be entitled to paid vacation leave beginning at the end of the first six months in the service of the City. However, vacation credits for this probationary period shall be accrued by each such employee from the date of his/her initial appointment.
9.01.1 All eligible employees shall earn vacation credits at the rate of 3.3846 hours per pay period (i.e. 88 hours per year) for each full two weeks of service.
9.01.2 After completion of the fourth year of service, vacation credits shall be increased to the rate of 4.9231 hours per pay period (i.e. 128 hours per year) for each full two weeks of service.
9.01.3 After completion of the ninth year of service, vacation credits shall be increased to the rate of 6.4615 hours per pay period (i.e. 168 hours per year) for each full two weeks of service.
9.01.4 After completion of the fourteenth year of service, vacation credits shall be increased to the rate of 8.0000 hours per pay period (i.e. 208 hours per year) for each full two weeks of service.
9.01.5 After completion of the nineteenth year of service, vacation credits shall be increased to the rate of 9.5385 hours per pay period (i.e. 248 hours per year) for each full two weeks of service.
9.01.6 After completion of the twenty-fourth year of service, vacation credits shall be decreased for sworn classifications to the rate of 8.6154 hours per pay period (i.e. 224 hours per year) for each full two weeks of service.
9.01.7 After completion of the twenty-fifth year of service, vacation credits shall be decreased for sworn classifications to the rate of 6.7692 hours per pay period (i.e. 176 hours per year) for each full two weeks of service.
9.01.8 After completion of the twenty-sixth year of service, vacation credits shall be decreased for sworn classifications to the rate of 3.0769 hours per pay period (i.e. 80 hours per year) for each full two weeks of service.
9.01.9 After completion of the twenty-eighth year of service, vacation credits shall be decreased for non-sworn classifications to the rate of 8.6154 hours per pay period (i.e. 224 hours per year) for each full two weeks of service.
9.01.10 After completion of the twenty-ninth year of service, vacation credits shall be decreased for non-sworn classifications to the rate of 6.7692 hours per pay period (i.e. 176 hours per year) for each full two weeks of service.
9.01.11 After completion of the thirtieth year of service, vacation credits shall be decreased for non-sworn classifications to the rate of 3.0769 hours per pay period (i.e. 80 hours per year) for each full two weeks of service.
9.01.12 A pay period is defined as two (2) calendar weeks.
9.02 Employees are not eligible to use vacation leave within the first six (6) months of continuous service. Between six months and one year of continuous service, an employee may be permitted to
-15-
take vacation leave not to exceed five (5) working days. Each eligible employee shall be required to serve the equivalent of one year continuous service in the City in order to be eligible for his/her full annual vacation leave provided.
9.03 The Chief or designee shall determine the times when an employee may take vacation. If the requirements of the City are such that an employee must defer part or all of his/her annual vacation in a particular calendar year, the appointing power shall permit the employee to defer the vacation to the following calendar year or allow the employee to cash out the deferred vacation at his/her option.
9.04 No employee may carry-over more than 336 hours of vacation leave to the following calendar year without the express approval of the City’s Human Resources Director. Upon separation from the City an employee shall be compensated for accrued annual leave. Employees who are discharged or who resign during the initial probationary period are entitled to payment for accrued vacation.
9.05 In the event one or more City holidays fall within an annual vacation leave, and the employee is not receiving holiday-in-lieu pay, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.
9.06 All permanent employees who work less than full time shall accrue vacation on a pro-rated basis based on their regularly scheduled assignment. Employees who receive increased vacation credits based upon a temporary assignment that exceeds three months will be credited retroactively to the first full pay period of the assignment. For example if an employee is assigned to work twenty (20) hours per week, the City will contribute fifty (50%) of the benefit contribution for full-time employees.
9.07 Vacation Cash-Out. An employee may elect to cash out annual vacation leave accruals as either (1) a Future Vacation Leave Accrual Cash-Out or (2) an Emergency Vacation Leave Cash-Out, in accordance with the provisions below:
(a) An employee whose annual vacation leave accrual is 120 hours or less may elect to cash out a maximum of 40 hours of accrued annual vacation leave per calendar year. (b) An employee whose annual vacation leave accrual exceeds 120 hours may elect to cash out a maximum of 80 hours per calendar year.
(c) An employee who cashes out the maximum vacation accruals as a Future Vacation Leave Accrual is not eligible for Emergency Vacation Leave Cash-Out in the same calendar year. (d) Future Vacation Leave Accrual Cash-out
1. The employee must use at least one full workday of paid vacation leave in the calendar year the employee submits the election request.
2. Between November 1st of each calendar year through the end of the first full pay period in December of the same year, an employee may request to cash out future vacation accruals by completing and submitting an Irrevocable Vacation Cash Out request form to the Director of Human Resources. Employees who submit the request form after the first full pay period of December shall be ineligible to receive the cash-out the following calendar year. Once the election is made, it is irrevocable. If the employee does not select a date on which to receive the cash-out, the City will make payment in the last full pay period of the calendar year.
-16-
3. The employee will select either pay period 7, pay period 13, pay period 19 or pay period 24 to receive the cash-out; however, in no circumstances may an employee receive payment for future vacation accrual cash-out until the employee has actually accrued the minimum number of vacation hours. For example, an employee earning 5 hours of vacation per pay period who wishes to cash out 40 hours of vacation accrual, may request their cash-out accrual any time after eight pay periods.
4. As a condition of applying for cash-out, an employee must consent to future payroll deductions (in accordance with Section 7 below) for necessary withholding of required taxes.
5. All cash-outs of future vacation accruals will be included in an employee’s regular paycheck.
(e) Emergency Vacation Accrual Cash-Out
An employee may request to cash-out vacation due to an unanticipated emergency that is caused by an event beyond the control of the employee and when the employee can demonstrate that it would result in severe financial hardship to the employee if early withdrawal were not permitted.
Severe financial hardship to the employee includes:
1. Losses resulting from a sudden and unexpected illness or accident of the employee or of a qualified family member of an employee.
2. Losses of the employee’s property due to casualty or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee. However, losses that can be resolved through reimbursement or compensation by insurance or otherwise, or by liquidation of the employee’s assets to the extent the liquidation of the assets would not itself cause severe financial hardship, or by cessation of voluntary deferrals to a 457 plan, shall disqualify an employee from eligibility to receive Emergency Vacation Accrual Cash-Out.
3. Any other reason allowable under IRS regulations.
(f) Vacation leave may not be carried over to cash-out in subsequent years (except upon separation from City service).
(g) Any adjustments for prior taxes in amounts greater than $100.00 shall be deducted from an employee’s paycheck consistent with the procedures described in MOU Section 36.05.
9.08 Vacation leave requests for a minimum of one week will be made and approved on a pre- determined, semi-annual basis. The City will establish staffing levels based on departmental needs and input from the MPOA. Vacation assignments shall be determined based on seniority within a specialized work group, in accord with and after the City determines the City’s needs. For purposes of this section, seniority shall be defined by badge number for non-supervisors and time in grade for supervisory personnel within the employee’s specialized work group. The Chief, however, retains the right to modify the vacation schedule at his/her discretion to meet City needs.
Supervisors within a specialized work group shall have priority over non-supervisors in vacation bidding. Full-time employees have seniority over part-time employees when it comes to vacation bidding. Once a vacation request made under this paragraph is assigned, it shall not be involuntarily cancelled except in an emergency or unusual circumstance such as, but not
-17-
necessarily limited to, an earthquake, a city-wide fire, a riot, a war, an act of terrorism, an epidemic, an Act of God, or an event requiring significantly more police personnel to work than would have been foreseeable at the time the vacation was assigned.
Employees shall be permitted to request vacation at other times throughout the year on a case-by- case basis.
SECTION 10.00 - SICK LEAVE
10.01 All permanent full-time employees shall accrue sick leave beginning with the date of original employment at the rate of 3.6923 hours per pay period. Employees become eligible to take accrued sick leave upon completion of one full month of continuous service. Sick leave shall be allowed only in case of necessity and actual sickness or disability. Medical or dental appointments may be charged against sick leave but will be limited to a maximum of four (4) hours per appointment and should be scheduled and approved in advance. Approval of sick leave for appointments in excess of four (4) hours must be approved by the Chief or designee. The City may take actions necessary to prevent abuse of the sick leave privilege. The City in its discretion may require a medical certificate from an employee following use of sick leave. The City’s exercise of this discretion will not be considered disciplinary action.
10.01.1 After completion of the 24th year for a sworn employee, and after completion of the 28th year of service for a non-sworn employee, an employee may use up to 80 hours of sick leave for vacation or personal reasons other than illness, injury or disability if, at the time the employee uses the leave, the employee has fewer than a total of eighty (80) hours of accrued compensatory time off and vacation. An employee may use no more than eighty (80) hours of sick leave per calendar year for this purpose. An employee has the same right to use the up to 80 hours of sick leave per calendar year described in this sub-section as applies when an employee requests to use vacation.
This paragraph shall be effective prospectively, following adoption of this MOU.
10.02 All permanent employees who work less than full-time shall accrue sick leave on a pro-rated basis based on their regularly scheduled assignment. These employees also become eligible to take accrued leave upon completion of one full month of continuous service.
10.03 Tentative charge of absent time: Unless an illness or injury is compensable under the Workers’ Compensation law, an ill or injured employee will have absent time charged to available sick leave or accrued vacation pay until a determination is made that the illness or injury is compensable under the Workers’ Compensation law. If the employee has exhausted his/her sick leave and vacation leave, absent time will be deemed to be leave without pay pending a determination that the illness or injury is compensable under the Workers’ Compensation law.
10.04 For purposes of this section only, compensability may be determined by the City Manager upon the prompt filing of a supervisor’s report, medical reports, if required, and other satisfactory evidence.
Any determination, hereunder, is tentative and without prejudice to the right of the City to contest the claim. Unit members should refer to SOP 13-12 entitled “Transfer of Accrued Leave,” for more information.
10.05 Except when an employee is terminated for just cause, resigns, or otherwise separates from the City without a certification of “good standing,” the City shall pay a separating employee (or his or her estate) who has at least five (5) years of service, a percentage of unused accrued sick leave.
-18-
This payment is intended as compensation for regular attendance and satisfactory work performance. The pay-out formula shall be 2.5% x years of service x highest hourly rate x sick leave hours accrued. Employees with less than five (5) years of service are not entitled to compensation for unused accrued sick leave under this section upon separation. The Human Resources Director shall base the decision whether to certify an employee as separating in “good standing” on the overall work record of the employee. Employees hired on or before July 17, 1999 will retain the right to exercise the above sick leave cash out option for as long as they are employed with the City.
10.06 All employees are eligible for the PERS Unused Sick Leave Credit upon retirement.
10.07 Employees hired on or after July 18, 1999, who are separating from the City with at least five (5) years of service and are not being terminated for just cause, resigning or otherwise separating from the City without a certification of “good standing,” shall be paid for unused sick leave according to the following formula:
10.07.1 After completion of the fourth year: 0.25% per year x hourly rate x accrued sick leave hours.
10.07.2 After completion of the ninth year: 0.50% per year x hourly rate x accrued sick leave hours.
10.07.3 After completion of the fourteenth year: 0.75% per year x hourly rate x accrued sick leave hours.
10.07.4 After completion of the nineteenth year: 1.0% per year x hourly rate x accrued sick leave hours.
10.08 Employees with five (5) years or more of service may elect to cash out or deposit into deferred compensation accrued sick leave. Employees wishing to cash out accrued sick leave may make a request by completing and submitting an Irrevocable Sick Leave Cash Out request form to the Director of Human Resources. Forms will be accepted between November 1st of each year through the end of the first full pay period in December. For employees hired on or before July 17, 1999, the maximum annual cash out or deposit into deferred compensation shall be at the rates set forth in Section 10.05. For employees hired on or after July 18, 1999, the maximum annual cash out or deposit into deferred compensation shall be at the rates set forth in Sections 10.07.1 –
10.07.4. The maximum amount shall not exceed 50% of an employee’s balance. All personnel shall maintain a balance of at least 240 hours.
SECTION 11.00 - FAMILY LEAVE
11.01 Employees with available sick leave may use such sick leave for family medical purposes when a member in the employee’s immediate family is involved.
11.02 In this section, family medical purposes shall mean illness, accident, medical appointments or other related occurrences.
11.03 Immediate family includes mother, father, spouse, domestic partner, brother, sister, son, and daughter of the employee, employee's spouse, or employee’s domestic partner. This includes step and adoptive relationships.
-19-
11.04 Each employee will be allowed to use a maximum of up to 50% of the employee’s annual accrued sick leave per calendar year for this purpose. Additional leave may be granted in unusual circumstances by the Human Resources Director.
11.05 In addition, each employee will be allowed to use any accrued leave hours up to the equivalent of 15 (fifteen) of the employee’s regular workdays for the birth or adoption of a child beginning with the day of birth or adoption.
SECTION 12.00 - MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. An employee shall notify and provide applicable orders to the Chief of the need for military leave as soon as possible after learning of the need.
SECTION 13.00 – LEAVE OF ABSENCE
13.01 General Leave of Absence
13.01.1 The Human Resources Director may grant an employee a leave of absence without pay up to one year. Leave shall be considered upon written request of the Employee.
13.01.2 In evaluating an employee request, the Human Resources Director shall consider the recommendation of the Chief, departmental workload, the best interests of the City, the length of the employee's duration of employment, the employee's performance record, and the employee’s stated reason for the leave.
13.01.3 An employee with a non-work-related injury or medical condition may request a leave of absence only if the employee provides a doctor's certificate. At the City's discretion and expense, the City at any time may require a medical exam with a doctor selected by the City.
13.01.4 An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement benefits, credit for time employed or seniority entitlements of any kind) for the period of such leave. It is the intent of this subsection that an employee on leave without pay is deemed unemployed for the period of such leave in terms of accruing benefits.
13.01.5 The Human Resources Director may authorize medical benefits for an employee on leave without pay status in extraordinary circumstances and in the interests of the City.
Said benefit may not be granted in routine circumstances.
13.01.6 At the discretion of the City, an employee on leave of absence (paid or unpaid) may be required, for a stated and valid reason, to submit to a medical examination, background investigation, or fitness for duty psychological examination prior to returning to duty. A permanent employee denied reinstatement to duty may appeal such denial in accordance with the discipline procedure set forth in this MOU.
13.02 The Chief may approve an unpaid leave up to four (4) workweeks per calendar year.
-20-
13.03 Failure on the part of an employee on leave to report to duty on the date and time that leave terminates shall be cause for discharge.
13.04 Nothing in this MOU shall preclude an employee from waiving in writing the right to reinstatement as a condition of approval for a leave of absence. An employee who waives the right may request reinstatement in accordance with the City's personnel rules and regulations.
13.05 Departmental Leave
13.05.1 If, in the course of performing the duties of a Peace Officer, an employee is involved in a serious traumatic incident or in the death or serious injury of a human being, that results in serious emotional strain, the Chief, with the approval of the City Manager, shall have the right to place the employee on departmental leave without loss of pay for a period of time as determined by the Chief and City Manager.
13.05.2 In a shooting incident, at a minimum, the following shall apply: After officers involved in a shooting incident have been interviewed, the involved officers will be placed on unassigned duty for a minimum of the remainder of their workweek and at least three days of their following workweek. This duty shall not be considered disciplinary and shall not reflect negatively on the officer in any way.
SECTION 14.00 - JURY LEAVE
14.01 Employees shall receive leave with pay when called for and required to physically report to jury duty subject to these conditions:
14.01.1 The employee shall notify the Chief immediately upon receipt of the notice to serve; and
14.01.2 Any payment (except mileage) received by the employee for jury duty shall be remitted to the City if the employee serves on City time.
SECTION 15.00 - WORKERS’ COMPENSATION LEAVE
15.01 An employee unable to work because of a work-related illness or injury are eligible for workers’ compensation leave, provided that the employee has notified superiors of the illness or injury and the claim has not been denied by the Human Resources Director or the City’s third party workers’ compensation insurance administrator.
15.02 Sworn Public Safety employees shall be compensated according to California State Labor Code Section 4850.
15.03 For all non-sworn employees, workers’ compensation leave, per incident, shall be up to a maximum of 320 hours including salary continuance according to the following table:
HOURS SALARY RATE
First 80 100%
Next 240 80%
This leave shall cover all time off from work related to the injury, including doctor’s appointments and therapy treatments, provided that said hours do not exceed available workers’ compensation
-21-
leave. Following a maximum of 320 hours of workers’ compensation leave, the City shall discontinue direct workers’ compensation payments to the employee. This benefit shall be prorated based on the budgeted position. An employee may apply separately for long-term disability insurance, which becomes effective after a 60-calendar day waiting period.
An employee sustaining a work-related injury or disability shall be entitled to compensation to the extent provided by the State Workers’ Compensation Insurance Act. An employee who has exhausted eligible workers’ compensation leave shall receive full salary to the extent the employee’s accrued sick leave or vacation time may be integrated.
15.04 An employee whose shift hours end between 12 midnight and 7:00 a.m., and who has a medical appointment related to a Workers Compensation injury in the morning hours of the same day, shall be allowed to take the last two hours of the shift off in order to rest and prepare for the medical appointment. Such time off shall be on City time and at the discretion of the on-duty supervisor, and shall be entered on the time sheet as workers compensation pay.
SECTION 16.00 - COMPASSIONATE LEAVE
Employees are granted leave of not to exceed the equivalent of one work week due to the death of an employee's spouse, mother, stepmother, mother-in-law, father, stepfather, father-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, grandmother, spouse's grandmother, grandfather, spouse's grandfather or grandchildren.
Additional leave may be granted beyond the one work week period and may be extended beyond the employee's immediate family with the approval of the Human Resources Director. Compassionate leave is not charged to any other paid leave balance.
SECTION 17.00 - HOURLY RATE AND OVERTIME
17.01 Hourly Rate: For the purposes of this MOU, hourly rate of pay is defined as base pay, holiday in- lieu pay, educational incentive pay, longevity pay, Career Development Incentive, SWAT premium, motor premium, K-9 premium, Field Training Officer, Crisis Negotiator, Field Evidence Technician, Tactical Team and Tactical Dispatchers premium when applicable, bilingual premium and swing shift record premium pay provided that the employee earning the overtime is entitled to such additions over base pay by the terms and conditions of this Memorandum of Understanding. Paid leave time status counts toward “hours worked” for purposes of calculating what overtime is owed under MOU section 17.00.
17.02. Overtime, scheduled and unscheduled, shall be compensated at the rate of time and one-half pay or the equivalent in compensatory time off. Employees required to work up to eight (8) minutes beyond their normal work hours shall not receive overtime.
17.03 Call Back Pay: A minimum of three hours pay at the rate of time and one-half or its equivalent in compensatory time off, shall be guaranteed for every employee, who after leaving his/her place of duty is required without advance notice to return for emergency duties after the employee has been off duty less than four hours.
Call-back pay shall be four (4) hours pay at the rate of time and one-half, or its equivalent in compensatory time off for an employee who, after leaving the employee’s place of duty, is required
-22-
without prior notice to return for emergency duties after the employee has been off-duty for four (4) or more hours.
Examples of Emergency duties are:
•SWAT call out
•Field Evidence Technician (FET) call out
•K9 call out
•Hostage Negotiator (HNT) call out
•Detective call out
•Traffic Investigation call out
•Or any non-scheduled event that required additional personnel “Emergency call back” does not include a situation in which an employee is called in to work a regular patrol or dispatch function two hours (or less) before a regularly scheduled shift. In this situation, the employee will be paid on an overtime basis, at the rate of time and one half, or its equivalent in compensatory time off, from the time the employee reports for duty until the beginning of the employee’s regular shift; the employee will not receive a guarantee of at least four hours pay or its equivalent in compensatory time off, at a rate of time and one half.
17.04 Authorized and required appearances at legal hearings during off duty hours shall be compensated at time and one-half or equivalent compensatory time off with a minimum of three hours. When it is necessary to attend court more than once per day and/or where the appearances are separated by more than three (3) hours or court recess for lunch, the employee shall receive the minimum of three (3) hours at time and one-half pay for each appearance.
The City agrees that if an employee receives notice of cancellation of a scheduled court appearance on the day of said appearance prior to departing his/her residence en route to either court or City Hall, and that said appearance was required during the employee's off-duty time, the employee shall be compensated at time and one-half pay for one (1) hour or equivalent compensatory time off. An employee shall receive this same compensation if (1) the employee receives a notice to appear in Court and a request that the employee (or a judicial liaison or other Police Department employee) call the Court or the District Attorney’s office on the date of the scheduled appearance, (2) and the scheduled appearance is during the employee’s off-duty time, and (3) the employee learns on the date of the scheduled appearance that the employee is not required to appear.
If an employee is required to testify by telephone or video and this can be done from his/her home, the employee shall be compensated at a pay rate of time and one-half or equivalent compensatory time off for a minimum of two hours.
17.05 Training or Meetings: Employees required to attend City approved training or meetings outside their regular shift shall be paid a minimum of two (2) hours overtime.
17.06 Compensatory Time Off
17.06.1 Accrual: Compensatory time off may be accrued by the employee throughout the year. Accrual of compensatory time off shall be limited to 480 hours for sworn, 240 hours for non-sworn employees per calendar year. However, the accrued hours may not exceed the maximum allowable on the last day of the first pay period ending in January of each year. Hours in excess of that limit on that date shall be paid to the
-23-
employee on the following special pay out, and the employee’s accrual bank shall be reduced accordingly.
17.06.2 Requests to Use: The City and Association agree that an employee wishing to use two or less days of accrued compensatory time off must request to use the compensatory time off at least seven (7) calendar days in advance; a request to use three to five days of accrued compensatory time off requires advance notice of 14 calendar days; and a request to use six or more days of accrued compensatory time off requires advance notice of 21 calendar days. This shall constitute reasonable notice. More notice is encouraged and would assist management in accommodating time off. Failure to provide reasonable notice shall constitute a reason for denying a request to use compensatory time off.
Only the Police Chief or designee has authority to approve or deny a request to use compensatory time off. The Chief or designee retains discretion to grant a request to use compensatory time off even if the employee did not provide reasonable notice.
Even if the employee provides reasonable notice, the request may be denied if it would unduly disrupt the Department. If the employee provides reasonable notice, but time off is otherwise unavailable, the Department will post a request for volunteers to work. If a qualified employee accepts the assignment, the compensatory time off request will be granted. If no one signs up for the overtime assignment, the request to use compensatory time off may be denied. Given the need for volunteers, it is in an employee’s best interest to provide as much advance notice as possible.
17.07 Overtime occurring on a paid City holiday shall result in pay, or compensatory time off, at the rate of time and one-half in addition to the paid holiday.
17.08 When an employee is required to appear in court, the City shall furnish a vehicle for transportation.
If no vehicle is available, the employee shall use his/her own vehicle and shall be reimbursed by the City at the current rate per mile allowed by the IRS. If no vehicle is available, and the employee uses his/her own vehicle, the City shall assume liability for the use of the private vehicle, for City business and within the course and scope of employment, unless the employee was negligent, reckless or under the influence of alcohol or a controlled substance. Employees who drive to court must have auto insurance.
17.09 When any represented employee is required to work three (3) or more consecutive hours overtime except for training, court appearance, report writing or special details, the City shall reimburse said employee for the cost of a meal, up to a maximum of $11.00 per meal.
17.10 After working overtime without at least eight consecutive hours of rest, an employee shall not report to work until eight hours after the completion of the overtime assignment. The employee shall be paid from the beginning of the employee’s next regular shift.
If an employee is scheduled to work after the mandatory rest period, the employee shall be allowed to use vacation or compensatory time off for the remainder of the shift with supervisor’s approval.
17.11 Communications Dispatchers and Supervisors generally shall not be required to work more than twelve (12) consecutive hours. Exceptions to this general rule include if:
(a) An emergency requires dispatchers and supervisors to work more than (12) consecutive hours. The determination as to when an “emergency” exists shall be made by the Police Chief or designee.
-24-
(b) The dispatch supervisor (or watch commander for the dispatch supervisor) determines that the current dispatch staffing is inadequate.
SECTION 18.00 - HOLIDAYS
18.01 The following shall be paid holidays for the City of Milpitas employees:
(1) January 1 (12) December 25
(2) Third Monday in January (13) In the event a holiday falls on a (3) Third Monday in February Sunday, the following Monday will (4) March 31 be observed as the holiday.
(5) Last Monday in May (14) In the event a holiday falls on a (6) July 4 Saturday, the preceding Friday will
(7) First Monday in September be observed as the holiday. (8) November 11 (15) Any other holiday declared by the City (9) Thanksgiving Day Council as a paid City holiday for City (10) The day after Thanksgiving employees.
(11) December 24, observed last working day
before Christmas
(16) Each employee shall be credited with one (1) floating holiday each calendar year, which must be used by December 31.
18.02 Whenever a holiday falls on a working day, full time employees shall be granted the day off with pay. Personnel employed on a permanent part-time basis for less than forty hours a week shall be entitled to paid holidays on a pro-rata basis.
18.03 Notwithstanding the provisions of Section 18.02 of this Memorandum of Understanding, the following provisions for payment of holiday pay to the below listed classes shall be as follows:
18.03.1 Dispatch personnel and sworn personnel assigned to Traffic Safety and Patrol Services shall not observe City holidays and shall receive 6% holiday-in-lieu. All other employees shall observe paid City holidays.
18.03.2 Except in emergencies, if Police Clerks are required to work any day during a 3 or 4 day holiday weekend, a flat fee of $100 per weekend will be paid in addition to the time and one-half compensation for actual hours worked.
18.04 For purposes of this section, a holiday shall be deemed to begin and end at midnight.
SECTION 19.00 - STANDBY ASSIGNMENT
19.01 The City reserves the right to assign employees to standby status during non-work hours, including weeknights, weekends and holidays. Employees assigned to standby are required to be available for immediate return to work upon notification by their supervisor or Police Department Communications Dispatcher.
19.02 When assigned to standby, the following conditions will apply:
(a) If the employee leaves home, the employee is responsible for providing his/her location, telephone number and/or pager number to Police Communications.
-25-
(b) A radio equipped City vehicle may be provided for the employee’s use. (c) Travel precluding reasonable response time will not be permitted. (d) Failure to respond will automatically result in the loss of compensation for the standby shift during which the failure to respond occurred. Failure to respond may also subject the employee to further disciplinary action.
19.03 Employees assigned to standby duty shall receive thirty minutes straight time compensation for each hour of assigned standby duty but at least one-half hour compensation at a minimum. In the event an employee is assigned to standby duty on a holiday, the employee shall receive forty-five minutes of straight time compensation for each hour of standby duty, but at least one hour compensation as a minimum.
19.04 The Department will notify the employee of the date and time when the standby starts. When the assignment ends, the employee will be notified by telephone at the available number reported to dispatch and/or through the pager system.
19.05 Standby pay shall not be in addition to court time under Section 17.02.3. An employee shall not be entitled to claim court time and standby time for the same time period.
SECTION 20.00 - EDUCATION AND TRAINING
20.01 EDUCATION
20.01.1 The City of Milpitas will provide a tuition reimbursement program for educational activities (which may include educational activities such as lectures, symposiums or seminars), which are job related and approved in advance by the Chief and the Human Resources Director. The amount of the fund shall not exceed the amount budgeted for this purpose. Any eligible employee whose regular assignment is less than full-time is entitled to the benefits of this section on a pro-rata basis (i.e. reimbursement under this Section for an employee who works ½ time would be 50% of the benefit provided to eligible full-time employees under this Section.). Except as provided in section 20.01.2, individual full-time employees are subject to a total reimbursement of $2,000, (approximately the amount of tuition and registration costs for two semesters/6 units each at San Jose State University) plus books required by the reimbursed course, per fiscal year. Reimbursement is subject to the guidelines outlined in the Tuition Reimbursement S.O.P.
20.01.2 For employees who achieve a degree through an accelerated degree program, the employees may continue to receive reimbursement after achieving their degree, up to a maximum amount of $10,000. For example, if an employee achieves a degree through an accelerated program in two years, and the degree would otherwise have taken 5 years to achieve, the employee may receive reimbursement for $2000 each year for five years. In order to be eligible, all of the following requirements must be met:
(a) The employee must remain employed by the City, and be employed on the last day of the fiscal year during which the employee receives reimbursement.
-26-
(b) In the event employment is terminated, all future payment obligations under this section cease.
(c) The employee must provide receipts and otherwise meet the terms of the City’s tuition reimbursement policy.
(d) The employee must demonstrate that the accelerated program resulted in achieving a degree, which would otherwise have met the reimbursement requirements.
20.02 TRAINING
20.02.1 If an employee is directed to participate in a training program which is related to his/her job, the City shall provide compensation for the following:
(a) Regular wages for time away from the job (if during working hours); (b) Overtime or compensatory time off whenever an employee’s combined training time and work time exceeds the regular assignment in a work week; (c) Costs of tuition and/or registration for the training; (d) Reimbursement for authorized transportation costs to and from the training (i.e. mileage reimbursement if an employee uses his or her personal automobile as allowed by the City; however, if employees car pool to a training session, only the employee who is the owner of the automobile shall be entitled to mileage reimbursement; and
(e) Compensable travel time where required by the Fair Labor Standards Act.
20.02.2 Participation in and successful completion of training courses may be considered in making employment advancements and promotions.
SECTION 21.00 - ATTENDANCE
21.01 Employees shall be in attendance at their work in accordance with the provisions of this Memorandum of Understanding regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of employees which shall be reported to the City Manager in the form and on the dates he/she specifies.
21.01.1 An employee whose absence from duty is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. It shall be the responsibility of an employee absent without leave to promptly notify his/her supervisor of the reason the employee is absent without leave and of the employee's availability for duty.
21.02 City is not obligated to notify an employee that he/she is absent without leave. Failure of an employee absent without leave to return to duty shall be grounds for discipline (including discharge) subject to required disciplinary procedures and rights.
21.03 The City agrees that each employee shall be entitled to two 15-minute rest breaks per day, said rest breaks to be taken at the discretion of the supervisor (subject to operational conditions).
Employees are not permitted to combine work breaks with another break or meal period.
21.04 For the term of this agreement, sworn police personnel working shifts shall work a 4/10 schedule (i.e., 4 consecutive 10 hour days), unless modified by agreement between the MPOA and the
-27-
Police Chief. Employees shall be given at least four (4) weeks’ notice prior to any permanent schedule change. However, a supervisor and an employee may mutually agree to flex the employee’s work hours, at straight time, with less than four weeks advance notice. Motorcycle officers assigned to day time duty shall work a standard 40 hour week, unless modified by the Police Chief.
Communications Dispatcher and Communications Supervisor personnel shall work a 4/10 schedule (i.e., 4 consecutive 10 hour days).
All other non-sworn employees shall work 40 hours per week.
21.05 Dispatch, patrol, traffic employees, and other non-sworn positions who will beat salary step “E” when the next shift begins and have an overall rating of meets expectations or higher on the most recent “PAR” shall be allowed to bid for shifts and days off by seniority (defined by badge number for non-supervisors and time in grade for supervisory personnel) on a semi-annual basis within the employee’s specialized work group. The Department may modify an employee’s shift selection to meet specified departmental needs.
21.06 The Police Chief or designee shall, for purposes of meeting departmental or operational needs in an emergency or unusual circumstance, retain the authority to change an employee’s work schedule. At the conclusion of the emergency, the employee shall be returned to the employee’s regular schedule.
21.07 If the parties mutually agree, the MOU can be reopened for the purpose of evaluating other work shifts, if needed during the term of this MOU.
21.08 The patrol schedule shall be completed and distributed at least 4 weeks prior to the beginning of a new work shift.
SECTION 22.00 - SAFETY EQUIPMENT
22.01 The City will provide each newly hired officer with those items of safety equipment listed in Appendix B. Further, the City agrees to reimburse the officer for the purchase of new safety equipment, which conforms to departmental policy, up to the maximum amount set forth in Appendix C.
22.02 The City shall provide each sworn officer with ammunition for weapons training. An employee may seek reimbursement for up to thirty ($30) dollars per calendar year for any ammunition type that is not provided by the City, when needed to qualify for department required training on the officer’s off duty or back-up weapon.
22.03 Equipment purchased in accordance with the above policy is City property.
22.03.1 The City shall provide all sworn employees with a duty weapon upon hire. The make and caliber of this weapon shall comply with the current standards of the Milpitas Police Department, as documented within the Milpitas Police Manual. This section does not preclude sworn employees from carrying their personally owned duty weapon, so long as it complies with Departmental standards - as set forth in the Milpitas Police Manual.
22.03.2 A sworn officer who has served satisfactorily in the Department for at least five (5) years may purchase a service weapon upon satisfactory separation from City service.
-28-
Satisfactory service shall be determined by the Police Chief, and may include consideration of performance appraisals, disciplinary record and medical records.
Prices for weapons shall be based on their depreciated value.
22.04 The City agrees to refurbish City-owned equipment, which is issued to new officers.
22.05 The City agrees to give worn out safety equipment that it will no longer use to the officer to whom it is issued.
22.06 Upon retirement, the City shall give an officer his/her service weapon and holsters without charge if either (1) the Milpitas Police Chief endorses an identification certificate approving the officer carrying a concealed and loaded firearm or (2) a hearing board determines that, under Penal Code section 12027.1, at the time the officer retired from the Milpitas Police Department, the officer had a right to a certificate permitting the carrying of a concealed and loaded firearm.
22.07 An officer who requests reimbursement from the City for the purchase of new safety equipment shall carry and use the same whenever practicable.
22.08 The City agrees that an officer may carry personally owned items of safety equipment in addition to those items issued by the City, so long as the item(s) conforms to department policy.
22.09 The City and the Association agree that the life expectancy of equipment is a guide to be used by the department for replacement. If equipment is worn out prior to the replacement date, through no fault of the officer, it will be replaced. Conversely, if said equipment is serviceable at the replacement date, it will remain in service. The decision as to the serviceability of equipment will be made by a Division Captain.
22.10 Any officer who damages or loses City-owned equipment shall immediately report the same to the Police Chief through his/her chain of command. The Police Chief shall then direct the Division Captain to determine if the damage or loss resulted from:
(a) Carelessness or neglect on the officer's part, in which case the officer will be required to reimburse the City for the cost of repairing or replacing the item(s); or (b) Circumstances beyond the officer's control, in which case the item(s) will be repaired or replaced at no cost to the officer.
(c) This subsection does not pertain to City-owned automobiles.
22.11 The City shall provide each officer with a ballistic vest, and three (3) vest covers at time of purchase, to be selected from a list approved by the Police Chief. All ballistic vests that have been in use for five years shall be replaced, as soon as reasonably possible.
All officers assigned to the Operations Division, except officers assigned to the investigations unit, who are normally assigned to field duty, shall wear a ballistic vest at all times. Officers, regardless of division, either in uniform or plain clothes, may be directed to wear a ballistic vest depending on the situation.
SECTION 23.00 - UNIFORM ALLOWANCE
23.01 Newly hired employees will be provided with an initial set of uniforms. If an employee separates from City employment during the period for which a prepayment has been made, the allowance
-29-
shall be pro-rated based on the time served and any overpayment shall be deducted from any sum owed the employee by the City upon separation.
23.02 Sworn personnel, dispatch personnel, records clerks and property clerks shall be eligible for an annual uniform maintenance allowance.
23.02.1 For sworn personnel the City agrees to provide thirteen hundred and fifty dollars ($1350) annually to be paid on a biweekly basis.
23.02.2 For non-sworn employees eligible for uniforms under this section, the City will provide seven hundred and eighty dollars ($780) annually to be paid on a biweekly basis.
SECTION 24.00 - RETIREMENT PLAN
The City shall contract with the California Public Employees Retirement System (CalPERS) to provide the retirement plans described in this Section and Government Code Section 7502.22.
24.01 Tier One: 3% at 50 Retirement Plan – Employees Hired Before July 1, 2011 This Section shall apply to sworn employees in the bargaining unit hired before July 1, 2011.
The retirement program commonly referred to as the 3% at Age 50 Plan will be available to bargaining unit employees covered by this Section as of the date specified by CalPERS in its contract with the City. The 3% at 50 Plan shall include the 1959 Survivor's Benefit and single highest year in full force and effect and the PERS Credit for Unused Sick Leave for members of MPOA.
24.02Tier Two: 3% at 55 Retirement Plan – Employees Hired On or After July 1, 2011, And Before January 1, 2013, Or Who Qualify For Concurrent Membership or Pension Reciprocity This Section shall apply to sworn employees in the bargaining unit hired on or after July 1, 2011 and before January 1, 2013. In addition, this Section shall apply to sworn employees hired on or after January 1, 2013 who are qualified for concurrent membership or pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS requirements.
The 3% at 55 Plan shall include the Fourth Level of 1959 Survivor's Benefit, the Pre-Retirement Optional Settlement 2 Death Benefit, and single highest year and the PERS Credit for Unused Sick Leave for members of MPOA.
24.03 Tier Three: PEPRA Retirement Tier Required For Safety Employees Hired On Or After January 1, 2013
This Section shall apply to sworn employees in the bargaining unit hired on or after January 1, 2013 unless otherwise qualified for a different retirement plan pursuant to Government Code Section 7522.02(c)(1).
The 2% at 50 (2.7% at 57) Plan shall include the 1959 Survivor's Benefit and highest consecutive thirty-six months and the PERS Credit for Unused Sick Leave for members of MPOA.
24.04 The City agrees to pay an employee for unused accrued sick leave as is set forth in Section 10 of the MOU, entitled “Sick Leave.” An employee is eligible upon reaching minimum retirement age
-30-
(except for death or disability which have no minimum age requirement) with at least 5 years of service with the City.
24.05 Tier One: 2.7% at 55 Retirement Plan – Employees Hired Before July 1, 2011 This Section shall apply to employees in the bargaining unit hired before July 1, 2011.
The retirement program commonly referred to as the 2.7% at Age 55 Plan will be available to non- sworn bargaining unit employees covered by this Section as of the date specified by CalPERS in its contract with the City. The 2.7% at 55 Plan shall include the single highest year in full force and effect and the PERS Credit for Unused Sick Leave for non-sworn members of MPOA.
24.06Tier Two: 2% at 60 Retirement Plan – Employees Hired On or After July 1, 2011, And Before January 1, 2013, Or Who Qualify For Concurrent Membership or Pension Reciprocity This Section shall apply to non-sworn employees in the bargaining unit hired on or after July 1, 2011 and before January 1, 2013. In addition, this Section shall apply to non-sworn employees hired on or after January 1, 2013 who are qualified for concurrent membership or pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS requirements.
The 2% at 60 Plan shall include the single highest year and the PERS Credit for Unused Sick Leave for non-sworn members of MPOA.
24.07 Tier Three: PEPRA 2% at 62 Retirement Tier Required For Non-Sworn Safety Employees Hired On Or After January 1, 2013
This Section shall apply to non-sworn employees in the bargaining unit hired on or after January 1, 2013 unless otherwise qualified for a different retirement plan pursuant to Government Code Section 7522.02(c)(1). The 2% at 62 Plan shall include the highest consecutive thirty-six months and the PERS Credit for Unused Sick Leave for non-sworn members of MPOA.
24.08 RETIREE HEALTH CARE
24.08.1 Former employees retired prior to January 1, 1989 may continue health plan membership at their own expense as long as membership has been maintained.
24.08.2 For permanent employees hired prior to January 1, 1996, and retired on or before June 30, 2003, who had at least five (5) years of full-time or equivalent service with the City of Milpitas, the City agrees to pay for single coverage in any eligible health plan.
24.08.3 For permanent employees hired prior to January 1, 1996, and retired on or after July 1, 2003, who have at least five (5) years of full-time or equivalent service with the City of Milpitas, the City agrees to contribute up to 15% more than the cap on the City’s single, medical premium contribution for active employees (hereafter, “retiree cap amount”), so long as the retiree is enrolled in an eligible health plan.
Example: If the active employee maximum City contribution for a single plan is $210/month, the retiree will be eligible for up to $210 + 15% = $241.50/month. If the retiree’s plan premium is $241.50 or less, the City will pay the applicable premium only. If the retiree’s plan premium is greater than $241.50, the City will pay $241.50 toward the premium and the retiree will be responsible for the remainder.
-31-
24.08.4 For permanent employees hired on or after January 1, 1996, the City agrees to contribute up to the following percentages of the “retiree cap amount” so long as the retiree is enrolled in an eligible health plan:
a) Upon PERS retirement, the City shall pay up to a maximum of 25% of the “retiree cap amount” on behalf of employees who completed less than nine full years of service, so long as the retiree remains in one of the eligible health care plans. [Example: If the current employee cap is $210, the cap for a retiree with less than nine full years of service is $60.38 [($210 + 15%) x 25% = $60.38.]
b) Upon PERS retirement, the City shall pay up to a maximum of 50% of the “retiree cap amount” on behalf of employees who completed nine full years of service but less than fourteen full years of service, so long as the retiree remains in one of the eligible health care plans. [Example: Use formula in “a” above using 50%.]
c) Upon PERS retirement, the City shall pay up to a maximum of 75% of the “retiree cap amount” on behalf of employees who completed fourteen full years of service but less than nineteen full years of service, so long as the retiree remains in one of the eligible health care plans. [Example: Use formula in “a” above using 75%.]
d) Upon PERS retirement, the City shall pay up to a maximum of 100% of the “retiree cap amount” on behalf of employees who completed nineteen full years of service, so long as the retiree remains in one of the eligible health care plans. [Use formula in 24.05.3 above.]
24.08.5 Disability Retirement: For employees on disability retirement who had at least five (5) years of full-time or equivalent service with the City of Milpitas and retired on or between January 1, 1989 and June 30, 2003, the City agrees to pay for single coverage in any eligible health plan. For employees on disability retirement who had at least five (5) years of full-time or equivalent service with the City of Milpitas and retired after June 30, 2003, the City agrees to contribute up to “the retiree cap amount.” In either case, the City will only make the health care contributions until the former employee is re-employed.
24.08.6 Medicare: Once a retiree becomes Medicare eligible, the City shall contribute to the retiree’s eligible Medicare health care plan premium to the same extent required and up to the same maximums as described in this Section 24.00.
24.08.7 Spousal/Dependent Coverage: Retirees may elect to continue coverage for a spouse or eligible dependent under the retiree group medical plan provided that the spouse/dependent is covered by the group plan at the time the employee retires and maintains enrollment. The retiree is responsible for spousal and/or dependent monthly premiums.
24.09 RETIREE DEPENDENT HEALTH CARE
24.09.1 The Retiree Dependent Health Care Fund
-32-
Each year, the City will contribute 1% of payroll with benefits plus 1% of MPOA payroll (salary only) to a fund to be used to help pay the medical premiums of dependents of eligible retirees, and dependents of eligible employees who became deceased while still employed (the “Fund”). The City’s annual 1% of payroll with benefits plus 1% of MPOA payroll (salary only) contribution shall be recalculated each year based on MPOA’s payroll as of the last full pay period in June. The City will annually deposit this amount in the Fund by the end of August.
The City will periodically present a report to the MPOA president indicating the City’s annual contribution, the total dollars in the Fund, and a brief description of how and the extent to which the Fund was used in the previous fiscal year to pay for the medical premiums of retirees’ dependents. The City will use this report to set dependent contribution rates.
24.09.2 Contributions From the Fund Toward Retiree Dependent Premiums Contributions from the Fund toward the medical premiums of dependents of retirees and eligible surviving dependents of deceased employees shall be as follows:
(a) 100% for permanent MPOA employees hired prior to January 1, 1996, and retired or deceased while employed on or after July 1, 2003, who have at least five (5) years of full-time or equivalent service with the City of Milpitas;
(b) For permanent MPOA employees hired on or after January 1, 1996, and retired or deceased while employed on or after July 1, 2003, who have at least five (5) years of full-time or equivalent service with the City of Milpitas:
(i) 25% for retirees with less than nine (9) years of service; (ii) 50% for retirees upon completion of nine full (9) years of service; (iii) 75% for retirees upon completion of fourteen full (14) years of service; and
(iv) 100% for retirees upon completion of nineteen full (19) years of service.
Any payments from the Fund to eligible dependents of MPOA employees who became deceased while employed prior to the adoption of this MOU shall be made prospectively only.
In no case will the City be required to place funds in the Fund above the 1% of payroll with benefits amount. If funds are depleted before the next year's City contribution is due, dependent medical premiums will be raised accordingly and will be the responsibility of the retiree and/or dependent. If less than 1% of payroll with benefits is used in a given year for the medical premiums of retirees’ dependents, the remainder shall remain in the Fund and may be used in future years to supplement the City’s annual 1% of payroll with benefits contribution if this contribution is insufficient in a given year to make all the payments set forth in 24.06.2(b) above.
-33-
(c) The parties agree to reopen this MOU at the request of either party to discuss modifications to the above tiered system for retiree dependent premiums.
24.10 Retiree Court Pay: When a retiree is called back to testify on the City’s behalf in Court, the City will pay the retiree at the top step rate of the current salary range (without any additional incentive or additional pays) applicable to the job classification the retiree held when (s)he retired, for a minimum of four (4) hours. This provision shall be applicable prospectively, following adoption of this MOU.
SECTION 25.00 - K-9 PREMIUM
Police Officers and Sergeants are eligible for a premium of 5% of base pay when assigned to the K-9 unit by the Police Chief or designated representative, and effective from the time the police dog enters the approved departmental training program. The City, at its option, may purchase the police dog, otherwise, the employee is responsible for the purchase of a police dog. The City shall pay for K-9 training costs and shall pay for veterinary costs up to $1000.00 per year. The City shall pay each employee $100.00 monthly for food, equipment, supplies, construction or purchase of a home kennel and running area and other necessary expenses for the appropriate care of the K-9.
Police Officers and Sergeants shall be paid $180 monthly for the time spent by the employee in grooming, feeding, walking, exercising, transporting, home training, obtaining veterinary services and otherwise caring for the canine in the program. Thirty (30) minutes daily is considered to be a reasonable amount of time for care and grooming.
SECTION 26.00 - PAY PLAN
26.01 Advancement shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by the recommendation of his/her supervisor, length of service, performance record, special training and/or other pertinent evidence. No salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the advanced employee's position is allocated.
26.02 In administering the pay plan, the following rules shall be observed:
26.02.1 Step "A" is the minimum rate for a position and shall be the hiring rate for said position.
Initial appointment at a rate higher than step "A" may be made in the case of an unusually well qualified person or where other special conditions warrant, but only with the approval of the City Manager.
26.02.2 Step "B" represents an incentive adjustment. An employee shall be eligible for step "B" only after completion of one year from the date of employment on recommendation from the Chief and approval of the City Manager.
26.02.3 Step "C" represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall be eligible for step "C" after completion of one year at step "B" on recommendation from the Chief and approval of the City Manager.
26.02.4 Step "D" represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall become eligible for step "D" after
-34-
completion of one year at step "C" upon recommendation of the Chief and approval of the City Manager.
26.02.5 Step "E" represents an incentive adjustment for increasingly satisfactory performance.
An employee shall be eligible for step "E" after completion of one year at step "D" upon recommendation of the Chief and approval of the City Manager.
26.02.6 Employees who have demonstrated outstanding ability may be advanced to the next higher step prior to completion of one year's service at the current step upon recommendation of the Chief and approval of the City Manager.
26.03 Salary Following Promotion: Employees receiving a promotion shall receive at least a 5% increase in salary unless limited by the maximum salary range.
26.04 Performance Appraisal Review: Performance appraisals are an important personnel tool, and the City should endeavor to make them promptly.
26.05 The City shall evaluate employees annually (1) from their date of hire, or (2) the date they entered their classification. The classification date shall supersede the hire date. In any case, an employee must be evaluated at the completion of probation, be it initial, or as a result of promotion.
If an employee does not receive a performance appraisal on the date it is due and the supervisor subsequently finds that the employee would have been entitled to a step increase (under this Section) as of that due date, the step increase shall become effective retroactively as of the due date of the performance appraisal. If an employee does not receive a performance appraisal within 30 working days after it is due, the employee shall have the right to file a grievance under Section
8.00 of this MOU.
26.06 In cases where an individual may be promoted within 45 days of a regular merit increase, the promotion will be based on the step increase due within 45 days provided that performance merits the increase.
26.07 All salary advancements specified within this section shall be effective with the nearest full pay period to eligibility. The nearest full pay period shall be defined as follows:
For eligibility dates which fall within the first seven (7) days of a pay period, any increase shall be effective at the beginning of that pay period.
For eligibility dates which fall within the second seven (7) days of a pay period, any increase shall be effective at the beginning of the following pay period.
26.08 The City and Association agree that whenever an employee would sustain an actual decrease in salary as a result of downward reclassification or reorganization within an existing department unit, without fault or inability on the part of the employee, the City Council shall adopt a "Y-Rate" to apply only to the employee so affected. A "Y" rate is defined as a monthly salary rate for an individual employee, which is greater than the established range for his/her classification. An employee for whom a "Y" rate is established shall not receive any increase in salary until such time as his/her rate of compensation is within the established range for his/her classification. An employee who accepts a reassignment to a lower paid position in lieu of layoff, shall not be "Y" rated.
-35-
SECTION 27.00 - BENEFITS
27.01 The benefit contribution for permanent full-time employees is as follows:
The City will contribute toward CalPERS medical benefits coverage with the maximum Kaiser Plan premium at the appropriate rate – i.e., single rate for single employees; two party rate; family rate.
Dependents must meet eligibility requirements under plan terms.
The City of Milpitas currently offers CalPERS medical benefits coverage. The City reserves the right to discontinue offering this plan due to the following:
a.The plan imposes unreasonable costs upon the City;
b.The health care carrier refuses to provide services to the City; c.The health care provider no longer offers the services; or d.The health plan is discontinued.
27.02 The City will provide a life insurance policy in the amount of $50,000 for each bargaining unit member.
27.03 The City shall provide a dental insurance plan with similar coverage to the one the members of the Association possessed as of December 2001. The total monthly dental benefit shall be based on the Family or Single Plan. Only employees who have eligible dependents shall be eligible for the Family Plan.
27.04 The City shall provide a long-term disability plan with similar coverage to the one the members of the Association possessed as of December 2001.
27.05 Full-time employees who are covered as an eligible dependent under another health insurance plan may waive health coverage and receive a total of one hundred and twenty five dollars ($125.00) per month. Employees who wish to waive health insurance must complete the City of Milpitas’ “Health Insurance Waiver” indicating they agree to abide by the terms and conditions of the waiver, and provide evidence of medical coverage each year during open enrollment.
27.06 Benefit Contribution - Part-Time Employees: The City agrees to contribute monthly premiums for medical, dental and life insurance in an amount to reflect the regularly scheduled assignment (or a long-term temporary assignment of not less than three months) pro-rated against the amount contributed for full time employees. For example if an employee is assigned to work twenty (20) hours per week, the City will contribute fifty (50%) percent of the benefit contribution for full-time employees. Similarly, if a part time employee is assigned to work thirty (30) hours per week, the City will contribute seventy-five (75%) percent of the benefit contribution. The City agrees to provide long-term disability insurance benefits, with similar coverage to the one the members of the Association possessed as of December 2001, at no cost to the part-time employee.
27.07 The City shall contribute fifty dollars ($50) per employee towards the MPOA Trust Fund each month.
27.08 Payroll deductions for benefit costs above the City benefit contribution shall be permitted, provided that the City shall not assume unreasonable administrative costs.
27.10 The City shall continue to provide the PERS improved nonindustrial disability benefit.
-36-
SECTION 28.00 - WORK-OUT-OF-CLASS
28.01 The City agrees that upon specific assignment by the Chief, or his/her designated representative, an employee may be required to perform the duties of a higher classification. Such assignment shall be made only to existing authorized positions, which are not actively occupied due to temporary absence of the regularly appointed employee. Such assignment shall not be made to vacant positions except in accordance with the rules pertaining to temporary or provisional appointments.
28.02 Employees assigned to duties of a higher classification commencing with the first full workday of the assignment shall be compensated at the rate of 10% above base pay.
28.02.2 In the absence of a supervisor, one person shall be designated as acting Watch Commander by the Division Captain or his/her authorized representative for the purposes of this section.
28.02.3 Non-sworn employees who do not hold supervisory classifications will be considered to be working out of class while assigned and acting as a trainer. Communications Supervisor and Police Clerk Supervisor are excluded.
SECTION 29.00 - INCENTIVE PAY
29.01 For the period of this Memorandum of Understanding, sworn employees shall be entitled to educational incentive pay, if they hold the appropriate certificate, as follows:
29.01.1 Intermediate POST certificate 5% over base pay.
29.01.2 Advance POST certificate 7.5% over base pay.
29.02 Eligible employees shall not be required to participate in a requalification program in order to receive POST Incentive Pay.
29.03 All sworn and non-sworn employees shall be entitled to longevity pay as follows:
29.03.1 Effective the first full pay period following the completion of an employee’s 9th year of service, a longevity incentive of three percent (3%) over base pay.
29.03.2 Effective the first full pay period following the completion of an employee’s 14th year of service, a total longevity incentive of five percent (5%) over base pay (i.e., an additional 2% over the previous 3% longevity incentive for a total increase of 5% over base pay).
29.03.3 Effective the first full pay period following the completion of an employee’s 19th year of service, a total longevity incentive of seven percent (7%) over base pay (i.e., an additional 2% over the previous 5% longevity incentive for a total increase of 7% over base pay).
29.03.4 Sworn Only: Effective the first full pay period following the completion of a sworn employee’s 24th year of service, a total longevity incentive of 8.2% over base pay (i.e., an additional 1.2% over the previous 7% longevity incentive for a total increase of
8.2% over base pay).
29.03.5 Sworn Only: Effective the first full pay period following the completion of a sworn employee’s 25th year of service, a total longevity incentive of 10.5% over base pay
-37-
(i.e., an additional 2.3% over the previous 8.2% longevity incentive for a total increase of 10.5% over base pay).
29.03.6 Sworn Only: Effective the first full pay period following the completion of a sworn employee’s 26th year of service, a total longevity incentive of 15.1%) over base pay (i.e., an additional 4.6% over the previous 10.5% longevity incentive for a total increase of 15.1% over base pay).
29.03.7 Non-Sworn Only: Effective the first full pay period following the completion of a non- sworn employee’s 28th year of service, a total longevity incentive of 8.2% over base pay (i.e., an additional 1.2% over the previous 7% longevity incentive for a total increase of 8.2% over base pay).
29.03.8 Non-Sworn Only: Effective the first full pay period following the completion of a non- sworn employee’s 29th year of service, a total longevity incentive of 10.5% over base pay (i.e., an additional 2.3% over the previous 8.2% longevity incentive for a total increase of 10.5% over base pay).
29.03.9 Non-Sworn Only: Effective the first full pay period following the completion of a non- sworn employee’s 30th year of service, a total longevity incentive of 15.1%) over base pay (i.e., an additional 4.6% over the previous 10.5% longevity incentive for a total increase of 15.1% over base pay).
SECTION 30.00 - POLICE VEHICLES
30.01 Patrol Vehicles
30.01.1 Vehicle Replacement: Reasonable efforts shall be made to replace Police patrol vehicles before such vehicles have acquired 75,000 miles, provided that if said vehicles are safe and suitable for patrol purposes after 75,000 miles, they may remain in service for another 15,000 miles or a total of 90,000 miles.
30.01.2 The determination of the safety and suitability for patrol to extend vehicle usage from 75,000 to 90,000 miles shall be the mutual responsibility of the Association and the Chief. In making said decision to extend mileage from 75,000 to 90,000 miles, the condition of motor and attached components, electrical systems, suspension, running gear, braking system, front end alignment and parts, body, accessories and tires shall be considered. If any defect is discovered, the City shall determine if the defect is correctable and if correctable, whether the cost of correction would be economically in the best interests of the City.
30.01.3 In no event shall the vehicles referred to in this section remain in service in excess of 90,000 miles, except that should such vehicles acquire the 90,000 miles during an assigned shift, such vehicles will be used for the balance of such shift, but will not be permitted to remain in service for succeeding shifts. It is agreed that unforeseen difficulties beyond the control of the City may preclude close adherence to such mileage factors, and such failure to strictly observe such mileage shall not be considered a violation of the Memorandum of Understanding. If, however, notwithstanding the above, the City repeatedly fails to adhere to mileage limits as
-38-
stated above, such repeated failure may be considered a violation of the Memorandum of Understanding.
30.01.4 It is also agreed that Police vehicles, except those usually referred to as "detective cars," which are regularly and customarily used in patrol type activities, although not distinctively marked, shall be included in this replacement policy.
30.02 Police Vehicles Specifications: Police vehicles shall include Ford’s “Police Interceptor Package” or a similar or equivalent Police High Performance Vehicle Package. The parties agree that it would be desirable to purchase vehicles meeting the following specifications:
a)Heavy duty suspension components
b)Heavy duty anti-lock braking system
c)High speed and performance police type tires
d)Heavy duty electrical system components
e)Heavy duty seats
f)Heavy duty automatic transmission
g)Tinted windows
h)Rear window defroster
i)Power steering
j)Electric door locks
k)Heater, defroster and air-conditioner
l)A.M.-F.M. in-dash radio
m)Electric trunk lock
n)Inside controlled rear and side view mirrors
o)Safety prisoner barrier between front and rear seat if the vehicle is to be used to transport prisoners. If space does not permit such installation, or if the City does not choose to use such vehicle for prisoner transportation, the City agrees to provide suitable prisoner transportation vehicles such as trucks or vans for such purpose. p)Power windows
q)Air bag safety system (driver side and passenger side when available) If unforeseen difficulties should arise, regarding safety, suitability, or acquisition of said Police vehicles during the life of this agreement, the parties shall meet and confer in an attempt to resolve said difficulties.
30.03 Other Police Vehicles
30.03.1 Special service vehicles shall be of maximum performance and safety standards to protect the employee.
30.03.2 Vehicles assigned to employees of other divisions within the Police Department shall be suitable for the duty they are likely to perform and shall have the safest possible braking and suspension system. Said vehicles shall be capable of performing emergency-type duties with a positive degree of safety. Said vehicles shall be at least mid-size and shall be replaced after six (6) years or upon reaching 90,000 miles.
SECTION 31.00 – EMPLOYEE ASSISTANCE PROGRAM
31.01 The City agrees to continue to fund an Employee Assistance Program under which sworn personnel and dispatch are and shall continue to be entitled to up to 15 annual visits and all other
-39-
personnel are and shall continue to be entitled to up to 10 annual visits. The Association will assist the City in selecting a new employee assistance provider if and as needed. Relevant criteria in evaluating potential providers include the ability to provide a sufficient number of visits, cost, quality of service providers, and inclusion of service providers already used in existing program.
Confidentiality must be guaranteed.
SECTION 32.00 - LIGHT DUTY
The City recognizes the importance of providing support and encouragement to police department employees who are recovering from an injury or illness in an effort to assist in making a complete and healthy recovery. Therefore, the City agrees to temporarily provide light duty assignments which are less strenuous and less hazardous for police department employees who are recovering from a work-related or off-duty injury or illness, including pregnancy. The intent of a temporary light duty assignment is to provide modified work duties which are beneficial to the employee by keeping him/her productively active, involved and informed in department activities, and beneficial to the City by the employee's work contributions and involvement during the recovery period. The temporary assignment will be consistent with the employee's physical abilities and department needs. The modified duties will reflect recommendations and limitations prescribed by the attending physician. Following are conditions for providing an employee with a light duty assignment:
(a) That the temporary assignment may be in any department of the City provided the assignment is compatible with the employee's ability.
(b) That the duties to be performed in said temporary assignment shall be those designated by the City provided that the duties shall be consistent with the written recommendations of the employee's physician.
(c) Said employee shall not be increased or reduced in pay or benefit solely by virtue of said temporary transfer.
(d) Provided that the City may verify said disability by having said employee examined by a physician of City's choosing at City's expense.
SECTION 33.00 - NO DISCRIMINATION
33.01 The City of Milpitas will not discriminate in employment practice in regard to race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition (cured or rehabilitated cancer), physical or mental disability, marital status, or political opinion or affiliation or union activity, unless such factor shall be a bona fide occupational qualification for the position, or such action is required to comply with federal or state law.
33.02 The Association shall not discriminate based on race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition (cured or rehabilitated cancer), physical or mental disability, marital status, or political opinion or affiliation or union activity, unless such factor shall be a bona fide occupational qualification for the position, or such action is required to comply with federal or state law.
-40-
SECTION 34.00 - MOTORCYCLE PROGRAM
34.01 Compensation
34.01.1 Employees assigned to motorcycle duty shall receive a premium of 5% of an officer's base pay during the term of assignment.
34.02 Uniform Allowance
34.02.1 The City shall provide each employee assigned to motorcycle duty the following items in addition to the regulation uniform:
(a) Motorcycle Boots (1 pr.)
(b) Motorcycle Breeches (3 pr.)
(c) Gloves (1 pr.)
(d) Leather Jacket (1)
(e) Sunglasses/Clear Safety Glasses (1 pr. ea.)
34.02.2 The City will replace this equipment as necessary.
34.02.3 The City agrees to repair or replace uniforms damaged in the line of duty subject to APPENDIX "B" - SAFETY EQUIPMENT.
34.03 Term of Assignment
34.03.1 At the Police Chief’s discretion, qualified individuals will be assigned to motorcycle duty for a minimum two-year period and a maximum of six years. The Police Chief may, at his or her discretion, remove an employee from motorcycle duty for, among other reasons, failing to maintain training, equipment, proficiency or physical fitness for duty.
34.03.2 If the Officer is not physically fit for duty as the result of a non work-related injury, he/she shall not be removed from motorcycle assignment unless unable to respond as physically fit for more than 6 weeks. Any officer removed because of a non work- related injury may seek re-qualification as a motorcycle officer at a later date.
34.03.3 Once assigned to motorcycle duty, if the officer requests a transfer or resigns within the first two years, the City shall be reimbursed for the initial uniform allowance on a pro-rated basis. If the Department transfers an individual from motorcycle duty in the best interests of the Department, the reimbursement shall not apply.
34.03.4 Nothing in this section shall prohibit an officer while assigned to motorcycle duty from reapplying to motorcycle duty when a vacancy occurs, thus beginning a new six year maximum.
SECTION 35.00 - SELECTED STAFFING ASSIGNMENTS
35.01 Field Training Officers (FTO)
35.01.1 The City agrees to pay a premium of 10% of an officer’s base pay while an officer is assigned as a Field Training Officer (FTO). “While assigned” is defined as the term of a training cycle during which a trainee, full time sworn or reserve officer, is assigned to a Field Training Officer.
-41-
35.01.2 Field Training Officers shall receive 10% premium compensation at all times while performing the duties of a police officer for the City of Milpitas during the time a trainee is assigned to that Field Training Officer, whether or not the trainee is being directly supervised and in company with the Training Officer. (i.e. overtime shift, sick leave, training, court time, etc.)
35.01.3 The salary increment will apply from the start of field training to its conclusion. Within reasonable limits, sick days, comp time hours, etc., will not disqualify a participant from incremental pay. If a member is not physically fit for duty as a result of a non-work related injury, he/she shall not be removed as an FTO unless unable to respond as physically fit for duty for more than 6 weeks. Any officer removed because of a non- work related injury may seek re-qualification as an FTO at a future date.
35.01.4 Desired qualifications for Field Training Officers:
(a) have a minimum of two (2) years experience (if possible) as police officers (with patrol officer experience excluded).
(b) maintain their proficiency in training.
(c) maintain contact with their assigned trainee in a supportive role during academy training, i.e., between selection and commencement of field training. (d) maintain a high level of proficiency in City ordinances, City employee rights, City and department policies.
35.02 SWAT Team
35.02.1 The City agrees to pay a premium of 5% of an officer's pay for departmental members while assigned as SWAT team members.
35.02.2 A department member will be considered a member of SWAT upon selection and successful completion of basic SWAT training and psychological fitness by the Department psychologist. Such membership will continue as long as the departmental member maintains necessary physical and psychological fitness for duty, proficiency, equipment and participation in the SWAT program to the satisfaction of the SWAT team leader and the Chief of Police. The City may, in its discretion and for any reason, remove or retain a member who promotes to Lieutenant from the SWAT team.
35.02.3 Failure to maintain training, equipment or proficiency or physical or psychological fitness for duty status are causes for removal from the SWAT team.
35.02.4 If the member is not physically fit for duty as a result of a non work-related injury, he/she shall not be removed from the SWAT team unless unable to respond as physically fit for more than 6 weeks. Any member removed because of a non work- related injury may seek re-qualification as a team member at a later date.
35.02.5 The City shall provide each officer assigned to SWAT duty with the following additional specialty uniform items:
(a) BDU Shirts (2)
(b) BDU Pants (1 pr.)
(c) MGS Field Jacket with Liner (1)
(d) Boots (1 pr.)
-42-
(e) Gloves with Shell (1 pr.)
(f) Trouser Belt (1)
(g) Utility Cap (1)
(h) Boonie Hat (1)
(i) Utility Bag (1)
(j) High Intensity Light (1)
The City will replace equipment as necessary.
35.02.6 The Chief of Police, or designee, may evaluate the suitability of a member to continue on SWAT once the member has completed the initial four-year bid. This provision applies to members who are assigned to SWAT duty at the time this agreement becomes effective. The City or Department and the Milpitas POA shall meet and confer over the SWAT evaluation process.
Nothing in this section prohibits the Chief of Police or designee from removing a Department member from SWAT, without right of appeal, if their annual Performance Appraisal Report (PAR) has an overall evaluation rating of Below Standard or Unsatisfactory.
35.03 Special Assignments
35.03.1 Sworn Officers assigned to Police Community Relations, Special Investigations, Personnel and Training, Traffic Supervisors, Internal Affairs, and Investigations shall receive a 6% Career Development Incentive, shall observe municipal holidays and shall not receive holiday-in-lieu pay. All sworn officers shall receive 6% holiday pay or 6% career development, but not both.
35.04 Bilingual
The City agrees to pay a premium of 2.5% of base pay for departmental members with bilingual skills who are assigned in writing to utilize their bilingual skills in departmental duties. The specific selection of positions which will receive bilingual pay and the languages which will qualify for bilingual pay shall be made by the City upon request of the employee.
35.05 Swing Shift - Records
The City agrees to pay Records personnel who work swing shift a premium of 5% of base pay when 5/8th of the shift falls between 6:00 p.m. and 8:00 a.m. three or more times within the established workweek.
35.06 Swing and Graveyard Shifts – Dispatchers
Effective the first full pay period in July, 2005, the City will pay Dispatchers and Dispatch Supervisors whose regular work schedule is the graveyard shift (i.e. 75% of the shift is between 10:00 p.m. and 6:00 a.m.) an additional 5.0% of base pay. The graveyard shift currently is 8 p.m. to 6 a.m.
Effective the first full pay period in July, 2005, the City will pay Dispatchers and Dispatch Supervisors whose regular work schedule is the swing shift (i.e. 75% of the shift is between 4:00 p.m. and 12:00 a.m.) an additional 2.5% of base pay.
-43-
35.07 Crisis Negotiators, Field Evidence Technician, Tactical Team Members and Tactical Dispatchers The City agrees to pay a premium of 5% of an employee’s base pay for department members while assigned and acting as Crisis Negotiators, Field Evidence Technicians, Tactical Team members and Tactical Dispatchers.
35.08 Midnight Shift – Police
The City agrees to pay sworn personnel who work the midnight shift (9:00PM – 7:00AM) a premium of 5% of base pay when assigned to work nights.
35.09 Crisis Intervention Training (CIT) - Police
Effective the first full pay period in January 2024, all sworn employees who meet the following criteria shall receive 2.5% of the employee’s base pay:
(a) California POST Crisis Intervention Training (Basic) Certification; or (b) California POST Hostage (Crisis) Negotiation Training (Basic) Certification; or (c) Minimum 24 hours of relevant training as determined by the Department’s Training Unit, including courses in crisis intervention, de-escalation, strategic communication, and other topics relative to promoting positive, non-biased, non-use of force interactions with the community.
SECTION 36.00 - MISCELLANEOUS
36.01 PERSONAL EQUIPMENT/UNIFORM REPLACEMENT
36.01.1 The City agrees to repair or replace personally owned property (worn or carried on the person), listed below, and uniforms that become damaged as a result of duty related activity only through no carelessness or neglect on the part of the employee. Any personally owned property not specifically listed here, that is worn or carried by an employee, and is damaged, shall not be repaired or replaced by the City. Any reimbursement for the cost of repair and replacement of personal property shall be limited to the actual cost of the repair and replacement not to exceed the limits as specified below:
(a) Suits $210
(b) Jackets/slacks $120/84
(c) Leather Jackets $210
(d) Dresses $150
(e) Shirts/Blouses $84
(f) Shoes $102
(g) Eyeglasses $200 ($225 for bifocals)
(h) Sun glasses $40 (non-prescription)
(i) Contact Lenses Not to exceed the difference between actual replacement cost and insurance deductible up to a maximum of $50
per lens.
(j) Wristwatch $90
(k) Jewelry No compensation.
-44-
36.02 The City agrees to meet and confer with the Association regarding implementation of any grant or other new program that involves the adding of new classifications of represented employees or the reclassification of employees.
36.03 The City agrees to make available to the Association data pertaining to bargaining unit classifications contained in the Bay Area Employee Relations Service (BAERS), or any other compensation survey obtained by the City.
36.04 The City will reimburse an employee up to a maximum of $200 per calendar year for eyeglasses, and up to a maximum of $225 for bifocals, when prescribed by a physician for use at a video display terminal. Reimbursements shall include lenses and frames, and exclude costs associated with eye examinations.
36.05 If an employee receives overpayment by the City, the City may obtain reimbursement by payroll deduction(s). Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred. However, at the employee’s request, the City may extend such repayment over a longer period, to be determined by the mutual agreement of the employee and the City Finance Director.
Prior to making a payroll deduction, the City will notify the employee and the MPOA that the overpayment has occurred, and the basis for the City’s conclusion that the overpayment occurred.
Because the City has the right to obtain reimbursement by payroll deduction(s) for current employees, subject to the employee’s/MPOA’s right to bring a grievance, the City shall not refer an overpayment of a current employee to a collection agency. The City also will not refer an overpayment of a former employee to a collection agency until after the grievance procedure for a pending grievance, diligently pursued by the MPOA and filed prior to the employee separating City employment, has been completed.
If an employee does not receive notice of an overpayment until after the employee has separated employment, MPOA may initiate a grievance within 30 calendar days of the employee receiving written notice, and the City will not refer the overpayment to a collection agency until after the grievance procedure is completed, so long as diligently pursued by the MPOA. This agreement to permit MPOA to pursue a grievance concerning a former employee is a very narrow exception, limited to the circumstances and terms set forth in this paragraph, to the general rule that MPOA does not have standing to represent former Milpitas employees on any issues concerning the former employees’ employment with the City.
36.06 The City and POA agree that good physical fitness is important. The City will continue to fund a physical fitness program with an annual maximum contribution of $5,000. The program will test various components of physical fitness with an overall goal of improving the fitness level of the members of the Association. Specific components and the degree of importance shall be agreed upon by a representative from the City, POA and a 3rd party provider with the overall goal of increasing the health and fitness of employees. Employees will be able to participate on duty time if the test is within Milpitas but will not be paid for any off duty time necessary to complete the program. A test will be given annually to measure the fitness level of each employee participating in the program. The employee will be offered up to 24 hours of vacation leave depending upon the physical fitness level. If the employee fails to appear for their fit test appointment without the approval of the POA President or designee, the POA can seek reimbursement for the cost of the appointment.
-45-
36.07 Exercise Equipment -The City agrees to perform quarterly maintenance on exercise equipment located in the Police Department fitness room. Equipment to be maintained includes such equipment as stair stepping machine, Universal Gym, free weights, stationary bicycle and treadmill and will be repaired and/or replaced as needed.
SECTION 37.00 - NO LABOR ACTION
Neither the Association nor its agents or any employee, for any reason, will authorize, institute, aid, condone, or engage in a work stoppage, slowdown, strike, sick-out, or any other interference with the work and statutory functions or obligations of the City while this Memorandum of Understanding is in effect.
While this Memorandum is in effect, neither the City nor its agents for any reason shall authorize, institute, aid, or promote any lockout of employees covered by this Memorandum.
Unless otherwise specifically amended by the terms of this Memorandum, any term or condition of employment previously known to and approved by the Chief (and not terminated by the Chief) remains as previously established.
Upon the expiration date of this Memorandum of Understanding, and unless one of the parties, by a 30 day prior written notice to the other party, should elect to terminate this Memorandum, the provisions of this Memorandum shall continue in effect.
This Memorandum of Understanding represents a complete and final understanding and agreement on all issues negotiated between the City representatives and the Association's representatives.
This Memorandum of Understanding and any agreement, document, or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all oral negotiations and prior writing in respect to the subject matter hereof.
The parties agree to begin negotiations for a successor Memorandum of Understanding no later than November 1, 2026. The MPOA has ratified and the City Council has approved this Memorandum of Understanding as of May 7, 2024.
-46-
City Representatives: Association Representatives:
Richard C. Bolanos Christopher W. Miller
Stephen Parodi Jason Speckenheuer
Candi Latini Mattison Madnick
Vicky Lien Eric Bernardo
Lesly Sauceda
-47-
APPENDIX A - SALARY SCHEDULE
Job Classification Bi-Weekly Salary Range – Effective January 1, 2024 Patrol Officer $4,453.29 - $5,412.94
Police Officer $4,869.70 - $5,919.24
Police Sergeant $5,882.74 - $7,150.60
Police Lieutenant $6,830.69 - $8,302.78
Patrol Officer Trainee $4,357.65 - $5,296.63
Police Officer Trainee $4,765.12 - $5,792.10
Communications Dispatcher $4,165.18 - $5062.73
Communications Dispatch Supervisor $4,810.58 - $5,847.32 Community Service Officer $3,590.03 - $4,363.73
Police Clerk I $3,033.15 - $3,686.75
Police Clerk II $3,336.40 - $4,055.45
Police Clerk Supervisor $3,853.62 - $4,684.09
Police Evidence Technician $3,538.33 - $4,300.87
Police Assistant $4,231.59 - $5,143.49
1.01 The City will adjust the salary schedule as follows:
1.01.1 A 6.5% base salary increase for Sworn and Non-Sworn employees effective the first full pay period in January, 2024*.
1.01.1 A 5.0% base salary increase for Sworn employees and a 3.0% base salary increase for Non-Sworn employees effective the first full pay period in January, 2025.
1.01.1 A 4.0% base salary increase for Sworn employees and a 3.0% base salary increase for Non-Sworn employees effective the first full pay period in January, 2026. *All 2024 pay increases shall be retroactive to the first full pay period in January, 2024.
-48-
APPENDIX B - SAFETY EQUIPMENT
Weapon (Semi-automatic) Baton
Holster - Uniform Baton Ring
Holster - Plainclothes Helmet
Gunbelt
Gunbelt Keepers (3 per officer)
Magazine Holder Rain Suit
Ammunition Keyholder
Flashlight Badge Holder
Flashlight Holder Ballistic Vests
Handcuffs Chemical Agent
Handcuff Case Chemical Agent Holder
-49-
APPENDIX C - DEPRECIATION SCHEDULE
Purchase Life DevaluationEquipment Price (Years) per Year Semi-automatic Weapon Purchase Price 15 Prorated
Holster (Uniform) 130.00 5 26.00
Holster (Plainclothes) 60.00 10 6.00
Gunbelt 70.00 10 7.00
Magazine Holder 35.00 5 7.00
Baton Ring 15.00 5 3.00
Rain Suit 120.00 5 24.00
Flashlight 25.00 10 2.50
Holder
Gunbelt Keepers (3/Officer) 15.00 5 3.00
Handcuff Case 35.00 5 7.00
Keyholder 25.00 5 5.00
Badge Holder 30.00 10 3.00
SL20 Flashlight Purchase Price 5 Prorated
Back Brace Purchase Price1 5 Prorated
1 This amount is to be approved by the Department, and does not include the gun/duty belt.
-i-
5/1/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MPOA +6.5%
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 49.81 3,985.19 103,614.94 52.31 4,184.42 108,794.92 54.91 4,392.79 114,212.54 57.67 4,613.46 119,949.96 60.54 4,843.30 125,925.80 Accounting Technician I 50 6104 513 32.44 2,595.36 67,479.36 34.06 2,725.15 70,853.90 35.77 2,861.41 74,396.66 37.56 3,004.48 78,116.48 39.43 3,154.71 82,022.46 Accounting Technician II 50 6105 514 35.69 2,854.88 74,226.88 37.47 2,997.67 77,939.42 39.34 3,147.55 81,836.30 41.31 3,304.96 85,928.96 43.38 3,470.13 90,223.38 Administrative Analyst I 80 2102 801 42.02 3,361.82 87,407.32 - - - - - - - - - 55.32 4,425.62 115,066.12 Administrative Analyst II 80 2103 802 46.41 3,712.73 96,530.98 - - - - - - - - - 61.09 4,886.81 127,057.06 Administrative Assistant 80 6111 828 40.09 3,207.26 83,388.76 42.10 3,367.62 87,558.12 44.20 3,536.02 91,936.52 46.41 3,712.80 96,532.80 48.73 3,898.43 101,359.18 Adult Crossing Guard 70 8401 725 17.20 1,376.00 35,776.00 - - - - - - - - - 20.52 1,641.60 42,681.60 Adult Crossing Guard Superviso 70 8402 720 19.24 1,539.20 40,019.20 - - - - - - - - - 24.05 1,924.00 50,024.00 Assistant Chief of Police 60 1405 649 104.45 8,356.04 217,257.04 - - - - - - - - - 146.23 11,698.45 304,159.70 Assistant City Attorney 60 1113 645 78.46 6,276.93 163,200.18 - - - - - - - - - 106.21 8,496.84 220,917.84 Assistant City Manager 60 1104 666 98.45 7,876.34 204,784.84 - - - - - - - - - 137.84 11,026.88 286,698.88 Assistant Dir Recr & Comm Svcs 60 1121 659 67.18 5,374.71 139,742.46 - - - - - - - - - 94.06 7,524.59 195,639.34 Assistant Engineer 50 2201 502 53.97 4,317.88 112,264.88 56.67 4,533.77 117,878.02 59.51 4,760.44 123,771.44 62.48 4,998.50 129,961.00 65.61 5,248.45 136,459.70 Assistant Finance Director 60 1109 669 70.85 5,668.21 147,373.46 - - - - - - - - - 99.20 7,935.69 206,327.94 Assistant Fire Marshal 60 2501 632 81.30 6,503.96 169,102.96 - - - - - - - - - 113.82 9,105.56 236,744.56 Assistant Planner 50 2801 503 51.75 4,140.28 107,647.28 54.34 4,347.40 113,032.40 57.05 4,563.99 118,663.74 59.90 4,792.13 124,595.38 62.90 5,031.84 130,827.84 Assistant Pool Manager 70 5609 709 22.16 1,772.80 46,092.80 - - - - - - - - - 27.70 2,216.00 57,616.00 Assistant Water Operator 20 7212 221 44.39 3,329.11 86,556.86 46.61 3,495.58 90,885.08 48.94 3,670.35 95,429.10 51.38 3,853.85 100,200.10 53.95 4,046.57 105,210.82 Assistant Water Operator - 40 20 8611 226 44.65 3,571.86 92,868.36 46.88 3,750.63 97,516.38 49.23 3,938.33 102,396.58 51.70 4,136.04 107,537.04 54.28 4,342.75 112,911.50 Associate Civil Engineer 50 2202 504 62.07 4,965.54 129,104.04 65.17 5,213.85 135,560.10 68.43 5,474.55 142,338.30 71.85 5,748.28 149,455.28 75.45 6,035.71 156,928.46 Associate Planner 50 2802 505 59.51 4,760.57 123,774.82 62.49 4,999.24 129,980.24 65.62 5,249.46 136,485.96 68.89 5,511.25 143,292.50 72.33 5,786.71 150,454.46 Budget Manager 80 1115 839 61.26 4,900.49 127,412.74 - - - - - - - - - 80.63 6,450.48 167,712.48 Building & Housing Director 60 1802 658 85.63 6,850.13 178,103.38 - - - - - - - - - 119.88 9,590.18 249,344.68 Building Inspection Manager 80 3809 848 63.81 5,105.17 132,734.42 - - - - - - - - - 77.57 6,205.42 161,340.92 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 75.32 6,025.48 156,662.48 - - - - - - - - - 105.45 8,435.67 219,327.42 Building Permit Technician 50 5801 508 39.52 3,161.65 82,202.90 41.50 3,320.08 86,322.08 43.58 3,486.64 90,652.64 45.75 3,660.32 95,168.32 48.04 3,843.14 99,921.64 Building/NP Inspector 50 3801 507 52.38 4,190.59 108,955.34 55.00 4,400.16 114,404.16 57.75 4,620.12 120,123.12 60.64 4,851.15 126,129.90 63.67 5,093.68 132,435.68 Business Systems Analyst/Dev 80 2119 853 56.02 4,481.54 116,520.04 - - - - - - - - - 73.74 5,899.08 153,376.08 Buyer 80 2106 803 41.64 3,331.34 86,614.84 - - - - - - - - - 54.81 4,385.08 114,012.08 CIP Manager 60 2211 642 65.06 5,205.17 135,334.42 - - - - - - - - - 91.10 7,287.82 189,483.32 Case Manager 50 5612 544 35.41 2,832.86 73,654.36 - - - - - - - - - 44.19 3,535.35 91,919.10 Chief Fire Enforcement Officer 60 1505 656 68.25 5,459.80 141,954.80 - - - - - - - - - 95.55 7,643.72 198,736.72 Chief of Police 60 1402 650 109.67 8,773.58 228,113.08 - - - - - - - - - 153.54 12,283.04 319,359.04 City Attorney 60 1112 644 99.96 7,997.00 207,922.00 - - - - - - - - - 124.95 9,996.27 259,903.02 City Clerk 60 1101 605 65.11 5,208.61 135,423.86 - - - - - - - - - 91.16 7,292.88 189,614.88 City Engineer 60 1201 606 75.95 6,076.04 157,977.04 - - - - - - - - - 106.33 8,506.46 221,167.96 City Manager 60 1102 697 134.13 10,730.77 279,000.02 - - - - - - - - - 134.13 10,730.77 279,000.02 Code Enforcement Officer 50 5804 515 45.80 3,664.13 95,267.38 48.09 3,847.39 100,032.14 50.51 4,040.58 105,055.08 53.03 4,242.60 110,307.60 55.68 4,454.58 115,819.08 Communications Dispatch Superv 40 6409 456 60.13 4,810.58 125,075.18 63.14 5,051.11 131,328.96 66.30 5,303.68 137,895.65 69.61 5,568.87 144,790.73 73.09 5,847.32 152,030.28 Communications Dispatcher 40 6408 455 52.06 4,165.18 108,294.76 54.67 4,373.42 113,708.99 57.40 4,592.08 119,394.02 60.27 4,821.64 125,362.60 63.28 5,062.73 131,631.06 Community Service Officer 40 6412 460 44.88 3,590.03 93,340.77 47.12 3,769.54 98,007.92 49.48 3,958.02 102,908.50 51.95 4,155.91 108,053.58 54.55 4,363.73 113,457.01 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 50.31 4,024.40 104,634.40 - - - - - - - - - 66.22 5,297.35 137,731.10 Cross Connection Specialist 20 8626 239 46.15 3,691.64 95,982.64 48.57 3,885.93 101,034.18 51.13 4,090.46 106,351.96 53.82 4,305.74 111,949.24 56.65 4,532.36 117,841.36 Customer Services Supervisor 80 2127 847 48.78 3,902.36 101,461.36 - - - - - - - - - 64.20 5,136.36 133,545.36 Deputy City Attorney 60 1114 646 61.30 4,903.84 127,499.84 - - - - - - - - - 84.97 6,797.43 176,733.18 Deputy City Clerk 80 6102 835 47.90 3,832.11 99,634.86 - - - - - - - - - 58.22 4,657.94 121,106.44 Deputy City Manager 60 1119 672 96.49 7,718.81 200,689.06 - - - - - - - - - 135.02 10,801.85 280,848.10 Deputy Director of IT 60 1123 679 77.97 6,237.69 162,179.94 - - - - - - - - - 99.85 7,988.17 207,692.42 Deputy Fire Chief 60 1504 633 102.44 8,195.58 213,085.08 - - - - - - - - - 143.42 11,473.81 298,319.06 Deputy Public Works Director 60 1207 654 75.95 6,076.04 157,977.04 - - - - - - - - - 106.33 8,506.46 221,167.96 Digital Media Specialist 80 2121 840 43.33 3,466.76 90,135.76 - - - - - - - - - 57.04 4,563.31 118,646.06 Dir of Recr & Community Svcs 60 1208 655 83.85 6,708.28 174,415.28 - - - - - - - - - 117.62 9,409.89 244,657.14 Economic Development Coord 80 8623 852 52.86 4,228.77 109,948.02 - - - - - - - - - 65.55 5,243.62 136,334.12 Economic Development Director 60 1206 653 78.76 6,301.09 163,828.34 - - - - - - - - - 110.27 8,821.50 229,359.00 Economic Development Spec 80 8606 850 50.34 4,027.05 104,703.30 - - - - - - - - - 60.76 4,861.06 126,387.56 Electrical/Building Inspector 50 3802 511 55.00 4,400.15 114,403.90 57.75 4,620.12 120,123.12 60.64 4,851.14 126,129.64 63.67 5,093.68 132,435.68 66.85 5,348.38 139,057.88 Emergency Services Coordinator 80 2502 836 55.62 4,449.24 115,680.24 - - - - - - - - - 73.20 5,855.80 152,250.80
5/1/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MPOA +6.5%
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Engineering Aide 50 3201 512 42.92 3,433.82 89,279.32 45.07 3,605.52 93,743.52 47.32 3,785.78 98,430.28 49.69 3,975.05 103,351.30 52.17 4,173.80 108,518.80 Engineering Permit Technician 50 2210 540 38.64 3,091.04 80,367.04 40.57 3,245.60 84,385.60 42.60 3,407.86 88,604.36 44.73 3,578.21 93,033.46 46.96 3,757.15 97,685.90 Entry Firefighter/EMT - 40 10 4512 115 50.50 4,040.28 105,047.28 52.52 4,201.89 109,249.14 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 36.07 4,040.28 105,047.28 37.52 4,201.89 109,249.14 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 56.56 4,525.11 117,652.86 58.83 4,706.14 122,359.64 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 40.40 4,525.11 117,652.86 42.02 4,706.14 122,359.64 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 44.03 3,522.52 91,585.52 46.23 3,698.65 96,164.90 48.55 3,883.60 100,973.60 50.97 4,077.78 106,022.28 53.03 4,242.70 110,310.20 Envir & Regulatory Comply Spec 80 8624 851 53.72 4,297.94 111,746.44 - - - - - - - - - 70.72 5,657.33 147,090.58 Environmental Inspector 50 2213 553 55.00 4,400.15 114,403.90 57.75 4,620.15 120,123.90 60.64 4,851.16 126,130.16 63.67 5,093.71 132,436.46 66.85 5,348.38 139,057.88 Equip Maint Worker I - 40 20 8612 227 40.60 3,248.33 84,456.58 42.61 3,409.11 88,636.86 44.75 3,579.87 93,076.62 46.99 3,759.59 97,749.34 49.34 3,947.32 102,630.32 Equip Maint Worker II - 40 20 8613 228 44.65 3,571.86 92,868.36 46.88 3,750.63 97,516.38 49.23 3,938.33 102,396.58 51.70 4,136.04 107,537.04 54.28 4,342.75 112,911.50 Equip Maint Worker III - 40 20 8614 229 50.30 4,024.21 104,629.46 52.82 4,225.92 109,873.92 55.47 4,437.63 115,378.38 58.24 4,659.31 121,142.06 61.16 4,892.97 127,217.22 Equipment Maint. Worker I 20 7202 200 40.35 3,026.45 78,687.70 42.37 3,177.78 82,622.28 44.49 3,336.71 86,754.46 46.71 3,503.53 91,091.78 49.05 3,678.70 95,646.20 Equipment Maint. Worker II 20 7203 201 44.39 3,329.11 86,556.86 46.61 3,495.58 90,885.08 48.94 3,670.35 95,429.10 51.38 3,853.85 100,200.10 53.95 4,046.57 105,210.82 Equipment Maint. Worker III 20 7204 202 50.01 3,751.01 97,526.26 52.51 3,938.49 102,400.74 55.14 4,135.45 107,521.70 57.90 4,342.22 112,897.72 60.79 4,559.35 118,543.10 Executive Assistant 80 6117 812 44.09 3,527.48 91,714.48 46.30 3,703.88 96,300.88 48.61 3,889.07 101,115.82 51.04 4,083.51 106,171.26 53.60 4,287.69 111,479.94 FF/Paramedic Trainee - 40 10 4504 107 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 FF/Paramedic Trainee - 56 10 4514 155 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 Finance Director 60 1103 627 86.00 6,879.87 178,876.62 - - - - - - - - - 120.39 9,631.05 250,407.30 Finance Manager 60 1116 647 60.69 4,855.51 126,243.26 - - - - - - - - - 84.97 6,797.75 176,741.50 Financial Analyst I 80 2125 844 39.24 3,139.00 81,614.00 - - - - - - - - - 51.65 4,131.85 107,428.10 Financial Analyst II 80 2126 845 43.33 3,466.76 90,135.76 - - - - - - - - - 57.04 4,563.31 118,646.06 Fire Battalion Chief 10 2508 153 54.56 6,110.87 158,882.62 - - - - - - - - - 76.39 8,555.22 222,435.72 Fire Battalion Chief - 40 10 2509 154 76.39 6,110.87 158,882.62 - - - - - - - - - 106.94 8,555.22 222,435.72 Fire Captain 10 2504 100 47.75 5,348.06 139,049.56 50.08 5,608.79 145,828.54 52.52 5,882.54 152,946.04 55.09 6,169.96 160,418.96 57.78 6,471.78 168,266.28 Fire Captain - 40 10 2507 108 66.85 5,348.06 139,049.56 70.11 5,608.79 145,828.54 73.53 5,882.54 152,946.04 77.12 6,169.96 160,418.96 80.90 6,471.78 168,266.28 Fire Chief 60 1502 630 112.95 9,035.72 234,928.72 - - - - - - - - - 158.13 12,650.04 328,901.04 Fire Engineer/EMT 10 4501 102 42.11 4,715.93 122,614.18 44.15 4,945.04 128,571.04 46.30 5,185.58 134,825.08 48.55 5,438.15 141,391.90 50.92 5,703.35 148,287.10 Fire Engineer/EMT - 40 10 4515 156 58.95 4,715.93 122,614.18 61.81 4,945.04 128,571.04 64.82 5,185.58 134,825.08 67.98 5,438.15 141,391.90 71.29 5,703.35 148,287.10 Fire Engineer/Paramedic 10 4505 151 47.16 5,281.85 137,328.10 49.45 5,538.45 143,999.70 51.86 5,807.85 151,004.10 54.38 6,090.73 158,358.98 57.03 6,387.75 166,081.50 Fire Prevention Inspector 10 3501 106 67.50 5,400.23 140,405.98 70.79 5,663.55 147,252.30 74.25 5,940.03 154,440.78 77.88 6,230.32 161,988.32 81.69 6,535.14 169,913.64 Fire Protection Engineer 10 3507 110 67.50 5,400.23 140,405.98 70.79 5,663.55 147,252.30 74.25 5,940.03 154,440.78 77.88 6,230.32 161,988.32 81.69 6,535.14 169,913.64 Firefighter/EMT 10 4502 103 39.35 4,407.54 114,596.04 41.26 4,621.15 120,149.90 43.26 4,845.52 125,983.52 45.37 5,081.12 132,109.12 47.57 5,328.39 138,538.14 Firefighter/EMT - 40 10 4516 157 55.09 4,407.54 114,596.04 57.76 4,621.15 120,149.90 60.57 4,845.52 125,983.52 63.51 5,081.12 132,109.12 66.60 5,328.39 138,538.14 Firefighter/EMT Trainee - 40 10 4509 109 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 Firefighter/Paramedic 10 4503 104 44.08 4,936.44 128,347.44 46.21 5,175.68 134,567.68 48.46 5,426.98 141,101.48 50.81 5,690.86 147,962.36 53.28 5,967.80 155,162.80 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 38.76 3,100.90 80,623.40 40.70 3,256.31 84,664.06 42.74 3,418.87 88,890.62 44.87 3,589.60 93,329.60 47.12 3,769.55 98,008.30 Fleet Maint Worker II - 40 20 8616 231 42.63 3,410.69 88,677.94 44.77 3,581.42 93,116.92 47.00 3,760.33 97,768.58 49.36 3,948.46 102,659.96 51.82 4,145.79 107,790.54 Fleet Maint Worker III -40 20 8617 232 49.04 3,922.89 101,995.14 51.49 4,119.21 107,099.46 54.06 4,324.71 112,442.46 56.76 4,540.41 118,050.66 59.61 4,768.40 123,978.40 Fleet Maintenance Worker I 20 7207 213 38.76 2,907.11 75,584.86 40.70 3,052.43 79,363.18 42.73 3,205.08 83,332.08 44.87 3,365.27 87,497.02 47.11 3,533.56 91,872.56 Fleet Maintenance Worker II 20 7208 214 42.64 3,197.83 83,143.58 44.77 3,357.68 87,299.68 47.01 3,525.60 91,665.60 49.36 3,701.89 96,249.14 51.83 3,886.91 101,059.66 Fleet Maintenance Worker III 20 7209 215 49.03 3,677.46 95,613.96 51.48 3,861.32 100,394.32 54.06 4,054.36 105,413.36 56.76 4,257.06 110,683.56 59.60 4,469.99 116,219.74 GIS Technician 50 2212 552 53.97 4,317.88 112,264.88 56.67 4,533.77 117,878.02 59.51 4,760.48 123,772.48 62.48 4,998.48 129,960.48 65.61 5,248.47 136,460.22 Hazardous Materials Inspector 10 3502 105 67.50 5,400.23 140,405.98 70.79 5,663.55 147,252.30 74.25 5,940.03 154,440.78 77.88 6,230.32 161,988.32 81.69 6,535.14 169,913.64 Housing Authority Adminr 60 1120 673 63.36 5,068.84 131,789.84 - - - - - - - - - 88.70 7,096.33 184,504.58 Human Resources Analyst I 80 2124 843 42.02 3,361.82 87,407.32 - - - - - - - - - 55.32 4,425.62 115,066.12 Human Resources Analyst II 80 2123 842 46.41 3,712.73 96,530.98 - - - - - - - - - 61.09 4,886.81 127,057.06 Human Resources Assistant 80 2108 846 29.93 2,394.78 62,264.28 31.43 2,514.43 65,375.18 33.00 2,640.15 68,643.90 34.65 2,772.17 72,076.42 36.38 2,910.76 75,679.76 Human Resources Director 60 1105 613 85.51 6,841.16 177,870.16 - - - - - - - - - 119.72 9,577.66 249,019.16 Human Resources Manager 60 1209 677 65.26 5,220.90 135,743.40 - - - - - - - - - 91.37 7,309.25 190,040.50 Human Resources Technician 80 2107 816 36.31 2,904.56 75,518.56 38.13 3,050.42 79,310.92 40.03 3,202.26 83,258.76 42.04 3,363.00 87,438.00 44.13 3,530.71 91,798.46 I T Director 60 2113 624 84.39 6,751.17 175,530.42 - - - - - - - - - 118.15 9,451.62 245,742.12 I T Manager 80 2116 819 63.26 5,061.05 131,587.30 - - - - - - - - - 83.28 6,662.19 173,216.94 I T Technician 50 3101 542 42.94 3,435.47 89,322.22 45.09 3,607.23 93,787.98 47.34 3,787.55 98,476.30 49.71 3,976.93 103,400.18 52.20 4,175.80 108,570.80 Information Technology Analyst 80 2118 831 53.22 4,257.44 110,693.44 - - - - - - - - - 70.05 5,604.04 145,705.04 Junior Engineer 50 2203 519 49.07 3,925.32 102,058.32 51.52 4,121.60 107,161.60 54.10 4,327.68 112,519.68 56.80 4,544.06 118,145.56 59.64 4,771.27 124,053.02 Junior Planner 50 2804 520 44.42 3,553.96 92,402.96 46.65 3,731.68 97,023.68 48.98 3,918.24 101,874.24 51.43 4,114.21 106,969.46 54.00 4,319.87 112,316.62 Legal Assistant 60 1124 689 40.09 3,207.26 83,388.76 42.10 3,367.62 87,558.12 44.20 3,536.02 91,936.52 46.41 3,712.80 96,532.80 48.73 3,898.43 101,359.18
5/1/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MPOA +6.5%
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Lifeguard 70 5610 710 17.20 1,376.00 35,776.00 - - - - - - - - - 22.88 1,830.40 47,590.40 Maint Worker III - 40 20 8619 234 41.75 3,340.14 86,843.64 43.84 3,507.40 91,192.40 46.03 3,682.66 95,749.16 48.34 3,866.95 100,540.70 50.75 4,060.25 105,566.50 Maintenance Assistant 20 8625 238 25.46 2,036.74 52,955.24 26.67 2,133.25 55,464.50 27.91 2,233.09 58,060.34 29.23 2,338.75 60,807.50 30.61 2,448.58 63,663.08 Maintenance Custodian I 20 8101 203 29.74 2,230.53 57,993.78 31.23 2,342.06 60,893.56 32.79 2,459.18 63,938.68 34.43 2,582.14 67,135.64 36.15 2,711.25 70,492.50 Maintenance Custodian I - 40 20 8107 222 29.74 2,379.25 61,860.50 31.23 2,498.18 64,952.68 32.79 2,623.11 68,200.86 34.43 2,754.28 71,611.28 36.15 2,891.97 75,191.22 Maintenance Custodian II 20 8102 204 32.72 2,453.64 63,794.64 34.35 2,576.29 66,983.54 36.07 2,705.12 70,333.12 37.87 2,840.30 73,847.80 39.76 2,982.36 77,541.36 Maintenance Custodian II - 40 20 8108 223 32.72 2,617.21 68,047.46 34.35 2,748.01 71,448.26 36.07 2,885.45 75,021.70 37.87 3,029.67 78,771.42 39.77 3,181.21 82,711.46 Maintenance Custodian III 20 8103 205 37.62 2,821.62 73,362.12 39.50 2,962.69 77,029.94 41.48 3,110.83 80,881.58 43.55 3,266.38 84,925.88 45.73 3,429.74 89,173.24 Maintenance Custodian III - 40 20 8618 233 37.62 3,009.93 78,258.18 39.50 3,160.20 82,165.20 41.48 3,318.67 86,285.42 43.55 3,484.29 90,591.54 45.73 3,658.10 95,110.60 Maintenance Worker I 20 8202 206 32.72 2,453.64 63,794.64 34.35 2,576.29 66,983.54 36.07 2,705.12 70,333.12 37.87 2,840.37 73,849.62 39.76 2,982.36 77,541.36 Maintenance Worker I-40 20 8203 207 33.01 2,641.07 68,667.82 34.65 2,772.27 72,079.02 36.39 2,911.49 75,698.74 38.21 3,056.71 79,474.46 40.12 3,209.95 83,458.70 Maintenance Worker II 20 8204 208 35.99 2,698.97 70,173.22 37.79 2,833.90 73,681.40 39.67 2,975.57 77,364.82 41.66 3,124.37 81,233.62 43.74 3,280.60 85,295.60 Maintenance Worker II-40 20 8205 209 36.31 2,904.47 75,516.22 38.12 3,049.70 79,292.20 40.04 3,202.94 83,276.44 42.03 3,362.17 87,416.42 44.13 3,530.43 91,791.18 Maintenance Worker III 20 8206 210 41.38 3,103.77 80,698.02 43.45 3,258.97 84,733.22 45.63 3,421.92 88,969.92 47.91 3,593.02 93,418.52 50.30 3,772.69 98,089.94 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.40 41,350.40 - - - - - - - - - 24.85 1,988.00 51,688.00 Management Analyst 80 2128 854 55.71 4,457.07 115,883.82 - - - - - - - - - 78.02 6,241.27 162,273.02 Marketing Coordinator 50 5614 548 41.70 3,336.01 86,736.26 43.79 3,502.80 91,072.80 45.97 3,677.93 95,626.18 48.27 3,861.83 100,407.58 50.69 4,054.93 105,428.18 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 28.21 2,256.91 58,679.66 29.62 2,369.74 61,613.24 31.10 2,488.25 64,694.50 32.66 2,612.62 67,928.12 34.29 2,743.26 71,324.76 Office Assistant II 50 6109 517 31.03 2,482.49 64,544.74 32.58 2,606.57 67,770.82 34.21 2,736.98 71,161.48 35.92 2,873.82 74,719.32 37.72 3,017.45 78,453.70 Office Specialist 50 6110 518 35.69 2,854.85 74,226.10 37.47 2,997.63 77,938.38 39.34 3,147.55 81,836.30 41.31 3,304.96 85,928.96 43.38 3,470.13 90,223.38 PW Division Mgr. - Eng. 60 1127 692 76.53 6,122.73 159,190.98 - - - - - - - - - 95.67 7,653.41 198,988.66 PW Division Mgr. - Opr. 60 1126 691 76.53 6,122.73 159,190.98 - - - - - - - - - 95.67 7,653.41 198,988.66 PW Division Mgr. - Utl. 60 1128 693 76.53 6,122.73 159,190.98 - - - - - - - - - 95.67 7,653.41 198,988.66 Patrol Officer 40 4401 404 55.67 4,453.29 115,785.46 58.45 4,675.95 121,574.61 61.37 4,909.71 127,652.56 64.44 5,155.21 134,035.38 67.66 5,412.94 140,736.36 Patrol Officer Trainee 40 4402 458 54.47 4,357.65 113,298.90 57.19 4,575.45 118,961.78 60.05 4,804.28 124,911.25 63.06 5,044.46 131,155.90 66.21 5,296.63 137,712.34 Payroll Specialist 50 5102 546 38.11 3,049.05 79,275.30 40.02 3,201.51 83,239.26 42.02 3,361.57 87,400.82 44.12 3,529.67 91,771.42 46.33 3,706.09 96,358.34 Plan Check Engineer 50 3807 521 63.52 5,081.48 132,118.48 66.69 5,335.02 138,710.52 70.03 5,602.14 145,655.64 73.52 5,881.79 152,926.54 77.25 6,179.74 160,673.24 Plan Checker 50 3803 522 54.16 4,333.06 112,659.56 56.87 4,549.66 118,291.16 59.72 4,777.53 124,215.78 62.70 5,015.70 130,408.20 65.84 5,267.19 136,946.94 Plan Review Manager 60 1210 678 71.14 5,691.25 147,972.50 - - - - - - - - - 92.53 7,402.01 192,452.26 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 85.63 6,850.13 178,103.38 - - - - - - - - - 119.88 9,590.18 249,344.68 Planning Manager 60 2803 602 65.26 5,220.90 135,743.40 - - - - - - - - - 91.37 7,309.25 190,040.50 Planning Technician 50 2813 554 39.52 3,161.65 82,202.90 41.50 3,320.08 86,322.08 43.58 3,486.64 90,652.64 45.75 3,660.32 95,168.32 48.04 3,843.14 99,921.64 Police Assistant 40 6401 450 52.89 4,231.59 110,021.23 55.54 4,443.12 115,521.02 58.32 4,665.26 121,296.88 61.23 4,898.56 127,362.65 64.29 5,143.49 133,730.79 Police Captain 60 1401 651 99.47 7,957.84 206,903.84 - - - - - - - - - 139.26 11,140.93 289,664.18 Police Clerk I 40 6402 451 37.91 3,033.15 78,861.95 39.81 3,184.83 82,805.56 41.80 3,344.05 86,945.22 43.89 3,511.26 91,292.82 46.08 3,686.75 95,855.58 Police Clerk II 40 6403 452 41.71 3,336.40 86,746.40 43.79 3,503.31 91,085.98 45.98 3,678.46 95,639.88 48.28 3,862.41 100,422.77 50.69 4,055.45 105,441.58 Police Clerk Supervisor 40 6404 454 48.17 3,853.62 100,194.05 50.58 4,046.34 105,204.83 53.11 4,248.60 110,463.72 55.76 4,461.06 115,987.60 58.55 4,684.09 121,786.43 Police Evidence Technician 40 8607 459 44.23 3,538.33 91,996.70 46.44 3,715.22 96,595.73 48.76 3,901.01 101,426.25 51.20 4,096.09 106,498.23 53.76 4,300.87 111,822.74 Police Lieutenant 40 2402 400 85.38 6,830.69 177,597.85 89.65 7,172.23 186,478.03 94.14 7,530.87 195,802.64 98.84 7,907.43 205,593.27 103.78 8,302.78 215,872.35 Police Officer 40 4403 403 60.87 4,869.70 126,612.25 63.92 5,113.27 132,944.95 67.11 5,368.91 139,591.66 70.47 5,637.30 146,569.82 73.99 5,919.24 153,900.19 Police Officer Trainee 40 4404 457 59.56 4,765.12 123,893.09 62.54 5,003.43 130,089.28 65.67 5,253.65 136,594.77 68.95 5,516.28 143,423.40 72.40 5,792.10 150,594.56 Police Sergeant 40 4405 401 73.53 5,882.74 152,951.25 77.21 6,176.89 160,599.23 81.07 6,485.72 168,628.78 85.13 6,810.10 177,062.60 89.38 7,150.60 185,915.64 Police Support Services Mgr 60 1404 657 63.29 5,063.37 131,647.62 - - - - - - - - - 88.61 7,089.04 184,315.04 Pool Manager 70 5608 708 23.22 1,857.60 48,297.60 - - - - - - - - - 28.15 2,252.00 58,552.00 Principal Civil Engineer 80 2204 822 66.49 5,318.93 138,292.18 - - - - - - - - - 86.47 6,917.76 179,861.76 Principal Planner 80 2811 823 68.55 5,483.95 142,582.70 - - - - - - - - - 83.02 6,641.91 172,689.66 Program Coordinator 50 5606 523 38.89 3,111.11 80,888.86 - - - - - - - - - 51.19 4,095.15 106,473.90 Public Information Officer 60 1122 674 62.81 5,025.13 130,653.38 - - - - - - - - - 87.94 7,035.20 182,915.20 Public Services Assistant I 50 6601 524 32.44 2,595.36 67,479.36 34.06 2,725.15 70,853.90 35.77 2,861.44 74,397.44 37.56 3,004.50 78,117.00 39.43 3,154.71 82,022.46 Public Services Assistant II 50 6602 525 35.69 2,854.88 74,226.88 37.47 2,997.67 77,939.42 39.34 3,147.54 81,836.04 41.31 3,304.97 85,929.22 43.38 3,470.13 90,223.38 Public Works Director 60 1204 635 88.05 7,043.70 183,136.20 - - - - - - - - - 123.27 9,861.21 256,391.46 Public Works Inspector 50 3202 526 52.38 4,190.59 108,955.34 55.00 4,400.16 114,404.16 57.75 4,620.12 120,123.12 60.64 4,851.15 126,129.90 63.67 5,093.68 132,435.68 Public Works Manager 60 1117 648 58.60 4,688.09 121,890.34 - - - - - - - - - 82.04 6,563.32 170,646.32 Purchasing Agent 80 1106 826 54.89 4,391.06 114,167.56 - - - - - - - - - 70.79 5,663.24 147,244.24 Recreation Administrative Asst 70 5619 712 17.20 1,376.00 35,776.00 - - - - - - - - - 23.96 1,916.80 49,836.80 Recreation Attendant 70 5618 711 17.20 1,376.00 35,776.00 - - - - - - - - - 23.96 1,916.80 49,836.80 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20
5/1/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MPOA +6.5%
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Recreation Leader 70 5617 706 17.20 1,376.00 35,776.00 - - - - - - - - - 23.96 1,916.80 49,836.80 Recreation Services Supervisor 80 2601 827 52.43 4,194.59 109,059.34 - - - - - - - - - 69.01 5,520.64 143,536.64 Recreation Svcs Assistant I 50 8601 527 18.34 1,467.01 38,142.26 19.25 1,540.34 40,048.84 20.22 1,617.41 42,052.66 21.23 1,698.24 44,154.24 22.29 1,783.19 46,362.94 Recreation Svcs Assistant II 50 8602 528 21.77 1,741.81 45,287.06 22.86 1,829.09 47,556.34 24.01 1,920.50 49,933.00 25.21 2,016.57 52,430.82 26.47 2,117.35 55,051.10 Recreation Svcs Assistant III 50 8603 529 25.03 2,002.18 52,056.68 26.28 2,102.24 54,658.24 27.59 2,207.36 57,391.36 28.97 2,317.71 60,260.46 30.42 2,433.64 63,274.64 Recreation Svcs Assistant IV 50 8604 530 29.36 2,349.09 61,076.34 30.83 2,466.53 64,129.78 32.37 2,589.85 67,336.10 33.99 2,719.36 70,703.36 35.69 2,855.31 74,238.06 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 43.33 3,466.76 90,135.76 - - - - - - - - - 57.04 4,563.31 118,646.06 SCADA Technician 20 8627 240 47.04 3,763.08 97,840.08 49.51 3,961.14 102,989.64 52.12 4,169.63 108,410.38 54.86 4,389.08 114,116.08 57.75 4,620.09 120,122.34 Senior Accountant 80 2110 829 48.78 3,902.36 101,461.36 - - - - - - - - - 64.20 5,136.36 133,545.36 Senior Accounting Technician 50 6106 539 39.25 3,140.37 81,649.62 41.22 3,297.42 85,732.92 43.28 3,462.29 90,019.54 45.44 3,635.43 94,521.18 47.71 3,817.16 99,246.16 Senior Administrative Analyst 80 2112 834 53.88 4,310.29 112,067.54 - - - - - - - - - 70.92 5,673.86 147,520.36 Senior Building Inspector 50 3804 531 60.50 4,840.10 125,842.60 63.53 5,082.17 132,136.42 66.70 5,336.24 138,742.24 70.04 5,603.02 145,678.52 73.54 5,883.19 152,962.94 Senior Buyer 80 2129 856 51.78 4,142.10 107,694.60 - - - - - - - - - 63.04 5,042.86 131,114.36 Senior Executive Assistant 80 6123 855 46.41 3,712.73 96,530.98 - - - - - - - - - 61.09 4,886.81 127,057.06 Senior HR Analyst 80 2122 841 50.31 4,024.43 104,635.18 - - - - - - - - - 66.22 5,297.35 137,731.10 Senior Plan Check Engineer 50 3806 534 69.87 5,589.62 145,330.12 73.37 5,869.26 152,600.76 77.03 6,162.46 160,223.96 80.88 6,470.27 168,227.02 84.92 6,793.71 176,636.46 Senior Planner 80 2805 830 62.84 5,027.35 130,711.10 - - - - - - - - - 76.39 6,110.94 158,884.44 Senior Public Works Inspector 50 3203 535 60.50 4,840.13 125,843.38 63.53 5,082.17 132,136.42 66.70 5,336.25 138,742.50 70.04 5,603.02 145,678.52 73.54 5,883.19 152,962.94 Senior Public Works Lead 20 8609 225 55.35 4,427.91 115,125.66 58.12 4,649.31 120,882.06 61.02 4,881.78 126,926.28 64.07 5,125.85 133,272.10 67.28 5,382.29 139,939.54 Senior SCADA Technician 20 8628 241 51.74 4,139.39 107,624.14 54.47 4,357.26 113,288.76 57.33 4,586.59 119,251.34 60.35 4,827.99 125,527.74 63.53 5,082.10 132,134.60 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Special Project Associate 70 8605 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 53.75 4,300.03 111,800.78 56.43 4,514.18 117,368.68 59.26 4,740.51 123,253.26 62.22 4,977.88 129,424.88 65.33 5,226.26 135,882.76 Sr. Public Services Assistant 50 5615 549 39.81 3,184.44 82,795.44 41.80 3,343.66 86,935.16 43.89 3,510.84 91,281.84 46.08 3,686.38 95,845.88 48.38 3,870.70 100,638.20 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 17.20 1,376.00 35,776.00 - - - - - - - - - 26.62 2,129.60 55,369.60 Student Intern 70 5103 740 17.20 1,376.00 35,776.00 - - - - - - - - - 26.62 2,129.60 55,369.60 Transporation & Traffic Mgr 60 1202 675 62.81 5,025.13 130,653.38 - - - - - - - - - 87.94 7,035.20 182,915.20 Water Meter Technician I 20 8104 216 32.71 2,453.54 63,792.04 34.35 2,576.29 66,983.54 36.07 2,705.11 70,332.86 37.87 2,840.30 73,847.80 39.76 2,982.35 77,541.10 Water Meter Technician I -40 20 8620 235 32.72 2,617.31 68,050.06 34.35 2,748.18 71,452.68 36.06 2,885.18 75,014.68 37.87 3,029.33 78,762.58 39.77 3,181.68 82,723.68 Water Meter Technician II 20 8105 217 35.99 2,698.97 70,173.22 37.79 2,833.88 73,680.88 39.67 2,975.55 77,364.30 41.66 3,124.35 81,233.10 43.74 3,280.60 85,295.60 Water Meter Technician II -40 20 8621 236 35.99 2,879.03 74,854.78 37.79 3,023.21 78,603.46 39.67 3,173.50 82,511.00 41.66 3,332.99 86,657.74 43.75 3,499.64 90,990.64 Water Systems Operator 20 7211 219 50.01 3,751.00 97,526.00 52.51 3,938.15 102,391.90 55.14 4,135.44 107,521.44 57.90 4,342.22 112,897.72 60.79 4,559.35 118,543.10 Water Systems Operator - 40 20 8622 237 50.30 4,024.21 104,629.46 52.82 4,225.92 109,873.92 55.47 4,437.63 115,378.38 58.24 4,659.31 121,142.06 61.16 4,892.97 127,217.22 Union Code Union Description
10 IAFF - International Association of Firefighters
20 MEA - Milpitas Employee Association
40 MPOA - Milpitas Police Officers Association
50 Pro-Tech - Milpitas Professional and Technical Group 60 Unrep - Unrepresented
70 Temps - Temporary
80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute the Purchase Order with Code 3 Technology for Fire Mobile Computer Replacement (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Category: Consent Calendar-Public Safety
Meeting Date: 5/7/2024
Recommendation Approve and authorize the City Manager to execute the purchase order with Code 3 Technology for 27 Getac ruggedized laptop computers for a total amount not-to-exceed $152,507.45.
BACKGROUND:
The City’s Fire Department vehicles are equipped with advanced technology systems that provide fire staff essential functionalities, including maintaining continuous communication with the 9-1-1 dispatch center and interacting with various systems and databases. This capability is made possible with ruggedized computers and secure wireless connectivity.
The last upgrade project was completed in September 2017. The current mobile computers and accompanying wireless equipment have now reached the end of life, and the degraded performance of the existing computers does not meet the increasing demand for modern computer applications and systems. The deteriorating hardware also contributes to reliability and performance issues, which could hinder productivity, increase response times, and require significant IT resources to perform continuous repair and troubleshooting.
The manufacturer of the current equipment has been acquired by another company and is no longer in business. Replacement parts are also no longer available.
Upgrading the mobile computer system will ensure that firefighters will be equipped with reliable and efficient tools to carry out their duties effectively and demonstrate the City’s commitment to their safety and efficiency.
ANALYSIS:
The IT Department and the Fire Department have evaluated rugged computers from industry-leading manufacturers against the City’s key requirements.
•Enhanced Functionality: Provide enhanced mobility and versatility by replacing the current non- removable computers with removable laptop computers with a docking station. •Durability: Specially designed computers that can withstand harsh environments, including extreme temperatures, humidity, vibrations, and continuous operation. •Performance: Next-generation computer processors that meet the demands of multitasking offer faster processing speeds and greater storage capacity. Performant systems that provide higher compatibility and level of integration with a new generation of public safety products available in the market. •Next Generation Wireless: Next-generation wireless components that provide high-speed internet connectivity.
•Data Security: Computers capable of running advanced security tools that provide robust protection and secure connectivity for data-sharing.
•Product Support: Industry-leading manufacturer with a history of producing and delivering rugged and reliable products and robust support to other public safety and US military clients.
Through a series of evaluations, staff have determined that the Getac K120 model tablet would best accomplish the objectives of this project. K120 meets all requirements of the Fire Department, and the technical specifications and functionalities have been validated by the IT Department. The manufacturer Getac is highly regarded in the industry and produces several rugged computer products used by various government entities nationwide, including the US Air Force, police, and fire departments.
In 2023, the IT Department also replaced obsolete computers in the Police Department patrol vehicles with Getac K120 model tablet computers. Installing the same rugged computers in the Fire Department vehicles will satisfy the system requirements and provide standardization, and allow IT to efficiently manage all public safety mobile computers.
Per Section I-2-3.08 (“Cooperative Procurement”) of the City’s Municipal Code, the City’s Purchasing Agent is authorized to make purchases based on an agreement or cooperative purchasing program entered into by a public agency. Code 3 Technology has issued a quote referencing Sourcewell Purchasing Cooperative Contract No. 090122-GET, totaling $152,507.45. Cooperative contracts that exceed $100,000 require City Council approval. Thus, staff is recommending executing a purchase order with Code 3 Technology through the Omnia Partners Purchasing Cooperative.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the procurement of Getac Ruggedized Laptop Computers.
Pros: City will not incur $152,507.45 in costs.
Cons: IT department will not be able to modernize the Fire Department vehicles.
Reason for Not Recommending: City will not be able to equip firefighters with a modern and reliable technology system that is critical for providing effective fire service. Outdated technology in the fire vehicle will result in slow processing speed, security vulnerabilities, incompatibility with other systems, increased maintenance cost, and reduced efficiency due to equipment failures.
FISCAL IMPACT:
The total purchase amount is to not exceed $152,507.45. The project will be funded by the Capital Improvement Program, CIP 3497 “Public Safety Mobile Computer Terminals”. Funding for CIP 3497 comes from the General Government CIP Fund. As of May 1, 2024, the balance in CIP 3497 is $310,008.55.
California Environmental Quality Act (CEQA):
By the definition provided in the CEQA Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
RECOMMENDATION:
Approve and authorize the City Manager to execute the purchase order with Code 3 Technology for 27 Getac Ruggedized Laptop Computers for a total not-to-exceed amount of $152,507.45.
Attachment(s):
(a) Sourcewell Purchasing Cooperative Agreement
(b) Vendor Quote and Purchase Order Template
090122-GET
Rev. 3/2022 1
Solicitation Number: 090122
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Getac, Inc., 15495 Sand Canyon Ave., Suite 350, Irvine, CA 92618 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Law Enforcement Equipment from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 7, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
090122-GET
Rev. 3/2022 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in materials and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
090122-GET
Rev. 3/2022 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
090122-GET
Rev. 3/2022 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
090122-GET
Rev. 3/2022 5
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
090122-GET
Rev. 3/2022 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
090122-GET
Rev. 3/2022 7
by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
090122-GET
Rev. 3/2022 8
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Supplier is not liable in any event for consequential damages. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
090122-GET
Rev. 3/2022 9
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
090122-GET
Rev. 3/2022 10
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs, with the exception of consequential damages, incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: