Pleasanton City Council
August 19, 2025

ATTACHMENT A
80 OBSERVATION OF IMPAIRMENT REPORTREASONABLE SUSPICION RECORD Employee Name: Employee ID No. ___________ Observation Date: ____________ Time: (from a.m./p.m. to ______a.m./p.m.) Location: ______________________________________________________________ Street City State Zip This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy. OBSERVATIONS: Detail the specific facts, symptoms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ TRAINED EMPLOYEE COMPLETING THE ASSESSMENT: ______________________________________________________________________ Signature Print Name Rank Date Time CONFIRMING WITNESS: _____ Concur is the above findings. ______________________________________________________________________ Signature Print Name Rank Date Time APPROVED BY: ______________________________________________________________________Signature Print Name Title Date Time

Item #10

CITY COUNCIL AGENDA REPORT

August 19, 2025
Human Resources

TITLE: ADOPT A RESOLUTION APPROVING THE PROPOSED MEMORANDUM OF

UNDERSTANDING BETWEEN THE LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS AUTHORITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1974 BATTALION CHIEF'S UNIT WITH TERM ENDING JUNE 30, 2028

SUMMARY
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit (IAFF-BC) expired on June 30, 2025. Representatives from IAFF- BC and the cities of Pleasanton and Livermore met and conferred in good faith and have agreed to a successor agreement. The City of Pleasanton’s practice is to introduce the proposed MOU's key elements, receive public input, and allow for open discussion prior to adopting the agreement at a future public meeting. This public input process took place at the July 15, 2025 meeting. The final step is for the City Council to approve the successor agreement that expires June 30, 2028.

RECOMMENDATION
Adopt a resolution approving the proposed Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief's Unit with term ending June 30, 2028.

BACKGROUND
The recently expired Memorandum of Understanding (MOU) covered the period September 1, 2022 through June 30, 2025. In accordance with the agreement between Livermore and Pleasanton creating the Livermore-Pleasanton Fire Department (LPFD), the Joint Powers Authority (JPA) Board and the City Councils of Livermore and Pleasanton are the appropriate agencies to approve labor agreements with employees covered by this bargaining unit.

DISCUSSION
In accordance with the Meyers-Milias-Brown Act, the parties engaged in good faith negotiations regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment.

EQUITY AND SUSTAINABILITY
This is a routine matter of City business.

OUTREACH
The City Council agenda for July 15, 2025 provided an opportunity for public input and comments regarding the key elements of the tentative agreement.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Optimizing Our Organization by continuously improving the organization’s ability to deliver quality services to the public, supporting our employees’ professional development, hiring top talent, and encouraging innovation in how we work.

FISCAL IMPACT
The three-year financial impact on the LPFD budget as a result of implementing the successor MOU is approximately $231,000 through June 2028. The cities of Pleasanton and Livermore share this cost. Pleasanton’s portion of the obligation is approximately $115,500 over the three-year contract period. The LPFD budget will be adjusted to reflect the increase in cost for FY 2025/26 and FY 2026/27 after the MOU has been executed. Funding for FY 2027/28 will be appropriated as part of the biennial budget process.

Prepared by: Submitted by: Approved by:

Sandra Williams,
Management Analyst
Xaviera Scoggins, Director of Human
Resources & Labor Relations

Gerry Beaudin, City
Manager

Attachments:

1. Resolution

2. Proposed IAFF Local 1974 Battalion Chief's Unit MOU

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE LIVERMORE-

PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1974 BATTALION CHIEF’S UNIT FOR THE TERM OF JULY 1, 2025 THROUGH JUNE 30, 2028 WHEREAS, the Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit expired on June 30, 2025; and
WHEREAS, representatives from the cities of Pleasanton and Livermore have met and conferred with representatives of the International Association of Firefighters, Local 1974 Battalion Chief’s Unit and prepared a successor agreement covering the period July 1, 2025 through June 30, 2028.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Approve and authorize the City Manager to execute the Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit for the term commencing July 1, 2025 through June 30, 2028.

SECTION 2. City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on August 19, 2025.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 19 th day of August 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney

Livermore-Pleasanton Fire Department Joint Powers
Authority
and
The International Association of Fire Fighters, Local 1974 Battalion Chief s Unit, AFL-CIO-CLC

MEMORANDUM
OF

UNDERSTANDING
July 1, 2025 JUNE 30, 2028
ATTACHMENT 2

ii
Table of Contents Section 1. Recognition................................................................................................................................................................ 3 Section 2. Union Security .......................................................................................................................................................... 3 Section 3. No Discrimination ..................................................................................................................................................... 6 Section 4. Union Representatives.............................................................................................................................................. 7 Section 5. Salaries ...................................................................................................................................................................... 7 Section 6. Hours of Work, Shift & Station Assignments ........................................................................................................ 9 Section 7. Holiday Pay ............................................................................................................................................................. 10 Section 8. Documentation Regarding Organized Mess ........................................................................................................ 11 Section 9. Vacations ................................................................................................................................................................. 12 Section 10. Sick Leave ............................................................................................................................................................. 15 Section 11. Leaves .................................................................................................................................................................... 18 Section 12. Health and Welfare .............................................................................................................................................. 21 Section 13. Retirement ............................................................................................................................................................. 26 Section 14. Uniforms ................................................................................................................................................................ 27 Section 15. Credit Union ......................................................................................................................................................... 27 Section 16. Probationary Period ............................................................................................................................................. 28 Section 17. Promotion, Demotion, and Long-Term Acting Assignments ............................................................................ 28 Section 18. Resignation, Reinstatement and Layoff .............................................................................................................. 29 Section 19. Discipline ............................................................................................................................................................... 30 Section 20. Grievances ............................................................................................................................................................. 30 Section 21. Medical Examination ........................................................................................................................................... 33 Section 22. Outside Employment ............................................................................................................................................ 34 Section 23. Disability Accommodations ................................................................................................................................. 34 Section 24. Miscellaneous ........................................................................................................................................................ 34 Section 25. Bargaining Waiver and Separability of Provisions ........................................................................................... 36 Section 26. Existing Memorandum of Understanding .......................................................................................................... 37 Appendix A Salary Schedules .............................................................................................................................................. 38 Appendix B Catastrophic Leave Policy .............................................................................................................................. 39 Appendix C Substance Testing Policy ................................................................................................................................. 40 Appendix D Performance Evaluation ................................................................................................................................. 51 Appendix E Battalion Chief Staffing Policy ....................................................................................................................... 60

3 The City of Livermore and the City of Pleasanton have jointly formed the Livermore-Pleasanton Fire Department Joint Powers Authority -Pleasanton Fire . The International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, AFL-CIO-CLC , and representatives of the City of Livermore and the City of Pleasanton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit specified in Section 1, and have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500, et. seq.) and has been jointly prepared by the parties. This MOU has been presented to the JPA governing board and to the City Councils of the City of Livermore and the City of Pleasanton. The governing board and the City Councils have approved the salary and employee benefit adjustments for the period commencing July 1, 2025 and ending on June 30, 2028. the Union and covered by this MOU. the City. Section 1. Recognition "The Union" is the formally recognized employee organization for the Unit comprised of the classification of Battalion Chief certified pursuant to the Employer-Employee Relations Procedures & Resolution No. 97-1 adopted by the JPA on November 21, 1997. Section 2. Union Security 2.1 Dues Deduction A. Bargaining unit employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks. B. The Employer agrees to deduct from the paychecks of each bargaining unit employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the Employer by either the Union or the employee. The of dues certified by the Union per month or per pay period as applicable. The Employer shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the officer designated in writing by the President of the Union as the person authorized to receive such funds.

4 The Employer will implement any change to a deduction during the first full pay period following notification of such change by the Union. If a bargaining unit employees desires to revoke, cancel or change their prior dues deduction authorization, the Employer shall direct the employee to the Union. Any such dues deduction revocation, cancellation and/or change shall be effective only when submitted by the Union to the Employer and is subject to the terms and conditions set forth in the original payroll deduction/authorization. C. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. Thus, all other legal and required deductions have priority over union dues. In addition, in order to meet certain accounting deadlines, all payroll changes connected with the deduction of union dues must be made by the fifteenth (15) of the preceding month. D. The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, proceedings or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the Livermore-Pleasanton Fire Department for the purpose of complying with any of the provisions of this check-off agreement. In addition, the Union shall refund to the Livermore-Pleasanton Fire Department any amounts paid to it in error upon presentation of supporting evidence. However, the Union shall not be required to make reimbursements should discovery of the error occur twenty-four (24) months after the occurrence of the error. 2.2 Communication with Employees A. New Employee Orientation Meetings This provision applies to all new employees hired into the Unit and is intended to comply with the provisions of AB119. 1. written notice of the time, date and location of all new employee orientation meetings, unless an urgent and unforeseeable need for a new employee orientation advance notice. Notice will be made by way of email to the Union President and Vice President. 2. The Union will be given up to thirty (30) minutes as part of the new employee orientation meetings to present Union membership information to new employees of the Fire Employees Unit. 3. The Union representatives who will present information at the new employee orientation meetings may do so while on duty and in uniform, provided the Union notifies the Fire Chief of the names of the employees who will be presenting information on behalf of the Union at the new employee orientation meeting with

5 at least five (5) days advance notice and the Fire Chief has agreed that the 4. The above provisions shall in no way impact or delay the hire of any employee. B. Information Requirements 1. The City will provide the Union with a digital file via email to the Union President and Vice President containing the following information for each employee in the Unit to the extent the Department has the information on file: Name Job title Work location Personal telephone number (may be home or cellular as provided by the employee) Home address Personal email addresses on file with the Department (new hires only) 2. The above information will be provided to the Union as follows: For new hires, within 30 days of hire or by the first pay period of the month following hire. For all bargaining unit employees every one hundred twenty (120) calendar days. C. Facilities Visits Any Union representative shall give notice to the Fire Chief when visiting employees at their assigned fire stations and fire administration during the duty period, provided that solicitation for membership or other internal employee organization business shall be conducted only during the off-duty hours of all employees concerned. The Fire Chief and the Union may enter into a standing agreement for routine contact between Union representatives and on-duty employees and such agreement shall continue until revoked. 2.3 Bulletin Boards The Department shall provide suitable space for bulletin boards in the fire stations. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.

6 2.4 Use of Department Facilities for Meetings A. The Union President may, with the prior approval of the Fire Chief or designated representative, be granted the use of Department facilities and/or communications equipment for meetings of employees in this unit provided that: 1. Requests are made in advance. 2. Such meetings do not conflict with other Department activities. 3. Attendance of on-duty employees at such meetings may occur only after 1700 hours, unless other arrangements have been authorized in advance by the Fire Chief and only when it does not prevent the performance of required work. 4. Such meetings do not involve excessive or unnecessary station transfers or result in financial responsibility for the Department. B. Regularly Scheduled Membership Meetings. 1. Union meetings may be held in fire stations after 1700 hours unless other arrangements have been authorized in advance by the Fire Chief. 2. Union meetings shall not interfere with regularly scheduled duties or emergency response. Fire prevention personnel may attend union meetings during their regular work hours provided they are otherwise able to complete their duties. 3. On-duty members may attend Union meetings as long as no first-due districts are left empty or by approval of the Fire Chief. C. Advance Notice Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation relating to matters within the scope of representation and shall be given the opportunity to meet and confer in good faith with the appropriate management representatives prior to adoption. The Department will provide the Union with reasonable written notice and the opportunity to meet and confer in good faith regarding the addition to or changes in Personnel Rules and Regulations, other policies, or departmental policies when such changes are within the scope of bargaining pursuant to the MMBA. Section 3. No Discrimination The Employer and the Union shall , Discrimination, and Retaliation Policy (Human Resources & Administrative Policy Guide). Furthermore, the Employer shall not discriminate or retaliate against any employee because of their engagement in legally protected Union activities.

7 Section 4. Union Representatives Bargaining unit employees who are officers or official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of department services as determined by the Department. Such employee representatives shall submit requests for excused absences to the Fire Chief. The Union shall submit a list of the officers of the Union to the Fire Chief in writing at such time there are any changes in such Union officers. Section 5. Salaries 5.1 Salary Ranges and Salary Increases for Contract Term Salary ranges have been established for Battalion Chiefs. For all current Battalion Chiefs at the time of the effective date of MOU, movement through the range will be five percent (5%) based on an annual performance review rating 1 each year and up to an additional two percent (2%) based on recommendation of Fire Chief and approval by the MOU, movement through the range will be five percent (5%) based on an annual performance review rating (2%) based on recommendation of Fire Chief and approval by City Manager on their anniversary date of their promotion. Once the Battalion Chief has reached the top of the salary range, no further increases are available. During the term of the MOU, the Fire Chief and City Manager will not provide an additional 2% salary increase based on an annual performance review. 5.2 Cost of Living Increases (COLA) During Contract Term 2026: Effective the first full pay period after July 1, 2026 (July 4, 2026), Battalion Chiefs will receive a cost-of-living salary range will be adjusted accordingly. 2027: Effective the first full pay period after July 1, 2027 (July 3, 2027), Battalion Chiefs will receive a cost-of-living increase of three percent (3salary range will be adjusted accordingly. 5.3 Acting Pay Deputy Fire Chief / Fire Chief At the discretion of the Fire Chief or the City Manager, Battalion Chiefs may be assigned in an acting or interim basis to the rank of Deputy Fire Chief or Fire Chief. When an employee is t pay rate beginning the first day of the acting assignment.

8 5.4 Salary Step After Change in Classification When a Battalion Chief is promoted to a Deputy Chief or any other position in a higher classification, the employee shall receive the minimum rate for the higher classification; provided, compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted. The specific rate of pay within the salary range shall be determined by the shall not be lower than the salary rate the employee would earn had the employee remained in the lower classification. 5.5 Shift Management Compensation Pay Battalion Chiefs assigned to a 56-shift schedule shall be compensated in the amount equal to 7.5% of the Battalion Chief current base rate of pay paid biweekly. Effective the first full pay period following July 1, 2027 (July 3, 2027), Battalion Chiefs assigned to a 56-shift schedule shall be compensated in the amount equal to 8% of the Battalion Chief current base rate of pay paid biweekly. Shift Management Compensation covers time spent conducting normal management and/or administrative business when not on shift; for example, participating in command staff meetings, labor management meetings, BC meetings, shift management preparation, and end of shift hold over to complete turn over, reports, and paperwork, etc. The Fire Chief, and/or designee, may approve additional compensation for the entire time spent, paid at the rate of the Battalion Chief coverage stipend under Section 5.8, when assigned to participate in off-duty events greater than three (3) hours in a single day, to conduct business outside their normal management roles and responsibilities; for example, instructing training classes, or serving as assessment panelists for other agencies, etc. 5.6 Training Premium Pay Battalion Chiefs assigned to a 40-hour workweek as the Training Chief shall be compensated in the amount equal to 25% of the base rate of the Battalion Chief in Appendix A and are eligible to observe annual holidays as listed in Section 7 of the MOU. 5.7 Reimbursable Incidents & Training A Battalion Chief or Acting Battalion Chief who is either assigned to a reimbursable incident/training or is providing coverage for someone that has been assigned to a reimbursable incident/training shall be compensated at one and one-half (1 ½-hour rate of pay in 15-minute increments. 5.8 Battalion Chief Coverage Stipend Effective the first full pay period after July 1, 2025 (July 5, 2025), Battalion Chiefs shall receive compensation of $89 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

9 Effective the first full pay period after July 1, 2026 (July 4, 2026), Battalion Chiefs shall receive compensation of $92 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.Effective the first full pay period after July 1, 2027 (July 3, 2027), Battalion Chiefs shall receive compensation of $95 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5. 5.9 Out of Class Work Battalion Chiefs, who have indicated their availability, may fill vacancies in the rank of Fire Captain to assist in preventing or minimizing mandatory shift fill, provided all vacancies in the Battalion Chief position have been filled. Deputy Chiefs, who have indicated their availability, may fill vacancies in the rank of Battalion Chief to assist in preventing or minimizing mandatory shift fill, provided all vacancies in the Deputy Chief position have been filled. When working in the rank of Captain, Battalion Chiefs will receive stipend pay as provided in Section 5.8. Battalion Chiefs must indicate their availability as defined in the Staffing Policy. No Battalion Chief may work out of class when a mandatory assignment exists in their perspective rank. Section 6. Hours of Work, Shift & Station Assignments 6.1 Exchanges of On-Duty Time (Shift Trades) Trades of on-duty time shall only be permitted between employees that possess the necessary qualifications to perform the assignment with the approval of the Fire Chief or designee. Trades shall not be permitted to substitute for, extend, or supplement sick leave, long-term disability or trade shall make arrangements for the pay back of time. Employees who owe time to other employees following a promotion may work in their former position in order to repay the previously traded time, i.e., an Battalion Chief may work as a Captain from which the employee was promoted. Employees must resolve owed trades within ninety (90) calendar days from the date of promotion. Employees are not considered on the payroll or working additional hours under the Fair Labor Standards Act while on-duty and working their half of the trade. However, if the employee who assumes responsibility for working a trade fails to work the traded on-duty time, the originally scheduled employee will be charged vacation time equivalent to the time missed. Trades can be cancelled at any time. However, the Fire Chief or their designee must be notified if a trade is cancelled less than six (6) days prior to the shift. Employees may cancel a maximum of six

10 6.2 Battalion Chief Assignments Assignments to a specific battalion, shift and/or station shall be made through the bid system. Bids shall occur in descending order by rank seniority. Bid assignments will occur every other year, in the month of December starting in December 2023. In the event no Battalion Chiefs bid the 40-hour Battalion Chief assignment, the Fire Chief, and/or designee, will make the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year. Approved bids and subsequent moves will take effect in January and will remain effective for two (2) years. In the event an opening occurs during the two-year term, Battalion Chiefs may submit a request for re-assignment, but the Fire Chief and/or designee retains the right to fill the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year or based on seniority. The Fire Chief, and/or designee, has the discretion to administratively reassign personnel for up to four (4) months per assignment to meet Department needs. This shall not apply to probationary employees or assignments not resulting in the displacement of another employee. Transfer for purposes of punishment shall be done in accordance with Section 19 - Discipline. assignments for a specific period of time. Mutuals are not permanent. Mutuals can be between individuals on the same shift or on different shifts. The individuals involved may set the time rom the initial date. At the end of the twelve months both individuals will return to their original assignments. Both individuals must physically be able to meet their assigned Station requirements, i.e., if one of the individuals is unable to return to work within the first one-year period due to any reason, the of the person Personnel may submit a request for a mutual, in writing, to the Fire Chief, and/or designee. Requests will be evaluated and approved on a case-by-case basis, based on department need. Section 7. Holiday Pay 7.1 Holiday In Lieu Battalion Chiefs assigned to a 56-hour work schedule are eligible to receive holiday-in lieu pay at the rate of 7.5% of the base salary. Holiday-in-lieu pay shall be paid on a biweekly basis. Battalion Chiefs shall receive holiday in lieu pay without regard for when holidays occur or whether such employees actually work on recognized holidays. Holiday in lieu pay will be reported as special compensation within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of the CalPERS regulations and/or as defined pensionable compensation pursuant to the California Government Code and the CalPERS regulations as amended.

11 7.2 Observed Holidays The following holidays are observed for who work a 40 hour per week schedule are permitted to be off work on observed holidays without the loss of pay and do not qualify for the holiday in lieu pay provided per Section 9.1 of this MOU. 1. New Year's Day 2. Martin Luther King, Jr. Day (third Monday of January) 3. 4. Memorial Day (last Monday of May) 5. Independence Day 6. Labor Day (first Monday of September) 7. Veterans' Day 8. Thanksgiving Day 9. Day following Thanksgiving 10. Christmas Eve Day 11. Christmas Day 7.3 Floating Holiday Represented employees working a 40-hour schedule shall be credited with seven floating holidays (56 hours) on January 1 of each year. Employees hired January 1 through June 30 shall be credited with seven floating holidays (56 hours) upon hire. New employees hired July 1 through December 31 shall be credited with three floating holidays (24 hours) upon hire. Employees will need to use all Floating Holiday hours by the last payroll period for the calendar year (instead of December 31) otherwise they will be lost. Battalion Chiefs will be provided and Section 8. Documentation Regarding Organized Mess In order that all members of each fire company are available at all times to respond to emergencies as quickly and efficiently as possible, and in order to provide for harmony and fellowship among the members of fire companies, there shall be a common organized mess at each fire station to which all bargaining unit employees assigned to that station shall be required to contribute on a daily basis. The Captain on each shift at each station shall normally make all assignments as to the duties to be performed by those employees in regard to the common mess. The Employer shall not be responsible for financially supporting or otherwise paying the cost of any on duty meal. Employees may be exempted from the common mess only for valid medical or religious

12 This provision is intended to satisfy Internal Revenue Service requirements as to the existence of a requirement that employees contribute to an organized mess. Section 9. Vacations 9.1 Vacation Eligibility All employees accrue paid vacation leave from their date of hire and may begin using accrued paid vacation leave after six (6) months of continuous service with the Department. I. Vacation Accrual A. Employees assigned to a fifty-six (56) hour work schedule shall accrue paid vacation leave in accordance with the following schedule: Years of Continuous Service Monthly Accrual Rate First through fourth year 12 hours Fifth through ninth year 16 hours Tenth through twelfth year 20 hours Thirteenth through fifteenth year 22 hours Sixteenth year and above 24 hours B. Employees assigned to a forty (40) hour work schedule shall accrue paid vacation leave in accordance with the following schedule: Years of Continuous Service Monthly Accrual Rate First through fourth year 8.57 hours Fifth through ninth year 11.43 hours Tenth through twelfth year 14.29 hours Thirteenth through fifteenth year 15.71 hours Sixteenth year and above 17.14 hours 9.2 Vacation Accumulation Eligible employees may accumulate and maintain up to a maximum of four hundred thirty-two (432) hours of accrued vacation leave. Employees are not allowed to accrue vacation hours above the cap. At any time an employee reaches the four hundred thirty-two (432) hour cap, the employee will cease accruing additional vacation leave until such time as the balance falls below the cap. However, in the event an employee has requested to take vacation but been denied or otherwise prevented from using

13 vacation leave due to extenuating circumstances, the employee may submit a written request to the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.9.3 Vacation Scheduling and Use All scheduled use of vacation shall be approved in advance by the Fire Chief and/or designee. Annual Vacation Scheduling: A. During January of each year, and no later than February 1, employees shall be granted an opportunity to request Annual Vacation Picks (AVP) time in order of department seniority. The January selections shall be for the period from February 1 to January 31 of the following year. Each employee in turn will have an initial choice of vacation. Vacation selections can be for as many shifts/hours as the employee desires, not to exceed the total number of vacation leave hours the employee will have accrued by the date of the requested vacation, provided the vacation shift/hours are taken consecutively. Once the most senior employee makes an initial vacation selection, the next most senior employee will make an initial selection of vacation shifts/hours. This process shall continue until all employees have an opportunity to make an initial selection of vacation. After all employees make their initial selections, second-choice vacation selections will occur. Second-choice vacation selections will be done in the same manner as the first-choice selections. After the second-choice vacation selections are completed, the third-choice selections can begin and so on until no one wishes to choose any more vacation time. B. Only 1 Shift Battalion Chief may request annual vacation each day. C. Battalion Chiefs will coordinate among themselves to complete the selection process. D. -hour shifts schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours. E. If two (2) or more employees from the same employing agency have the same employment date, seniority will be determined by placement on the employment list. If two (2) or more employees from different hiring agencies have the same employment date, seniority will be determined by drawing from a hat. F. -hour work week may select their Annual Vacation Picks in accordance with the timeline outlined above. Battalion Chiefs assigned to a 40-hour work week may take vacation in increments consistent with their regular work period. G. No employee may request vacation for 4th of July, Thanksgiving, Christmas Eve, or Christmas Day. NOTE: Refer to Holiday Staffing for non-annual vacation holiday requests.

14 H. All approved Annual Vacation Picks will be guaranteed, provided they have been requested in accordance with the procedures outlines in this section.I. Once Annual Vacation Picks have been completed, they will be forwarded to the Fire Chief and/or their designee for review and approval. J. Employees who are reassigned during the calendar year, will have previously approved vacation transferred to cover time off for the same date range prior to the reassignment. K. In the event staffing requires revocation of approved vacation, Annual Vacation Picks will be the last to be revoked. (Refer to the Staffing Policy for additional information.) Vacation Scheduling A. All vacation requests and use require approval by the Fire Chief and/or designee. This applies to both Shift Battalion Chiefs and 40-hour Battalion Chiefs. B. Requests that may result in a mandatory assignment will not be an automatic disqualifier. C. Battalion Chiefs assigned to 24-hour shift schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours. Employees may take less than twenty-four (24) or twelve (12) hours provided they find their own coverage. The Fire Chief, and/or designee may approve vacation requests in less than twelve (12) hour increments to accommodate employee enrollment in college or university courses. The courses or classes attended must be appropriate to employee development. The decision of the Fire Chief, and/or designee shall be final. D. Battalion Chiefs assigned to a 40-hour work week may request vacation in one (1) hour increments. E. Authorized emergency vacation may be allowed due to special circumstances and temporary assignments will be made to accommodate such a need. F. The Fire Chief, and/or designee may permit non-probationary employees to use of up to fifty-six (56) hours of paid vacation leave in advance of accruing such hours to their vacation leave accounts. The use of such leave shall not be prescheduled or considered earned vacation for accrual purposes. Holiday Staffing A. Holidays will be staffed as follows: July 4 Filled on June 4 Thanksgiving Filled on October 24

15 Christmas Eve & Christmas Day Filled on November 24 (Christmas Day Fills 1st)B. Employees may request vacation on 4th of July, Thanksgiving, Christmas Eve, or Christmas Day, provided they find their own relief, and only after staffing has filled in accordance with the procedures outlined above. C. Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 and January 5. Vacation must be cancelled prior to the vacancy being filled during this same time period. Annual Vacation | Vacation Cancellation A. Employees may cancel previously scheduled vacation at any time by notifying the Department at least twenty-four (24) hours prior to the start of the shift. However, the Fire Chief and/or designee must also be notified whenever vacation is cancelled less than six (6) days prior to the shift. EXCEPTION: See Holiday Staffing B. Employees are allowed a maximum of six (6) vacation cancellations per calendar 9.4 Vacation Pay at Termination All employees shall be paid for all vacation leave earned prior to the effective date of termination. Such compensation shall be paid to employees in one lump sum in a final check. Employees understand that if there is a deficit balance in their vacation leave accounts at termination, that deficit amount will be deducted from final compensation. Employees may not use accumulated leave to end service prior to retirement or separation from the City, unless authorized by the City Manager. 9.5 Vacation Sell Back Employees may request to sell back up to two hundred forty (240) hours of accrued vacation leave in each calendar year. Employees may sell back accrued vacation leave in one (1) hour increments with a minimum sell back of eight (8) hours on the first pay date in March, June, September and December of each year. Written requests for payment must be made by the employee fifteen (15) days in advance of the first pay date in March, June, September and December. Section 10. Sick Leave 10.1 Sick Leave Accrual 56 Hour Shift Employees Battalion Chiefs assigned to a 56-hour work schedule shall earn sick leave at the rate of eleven and two-tenths (11.2) hours for each month of service. Battalion Chiefs assigned to a 56-hour work schedule may accumulate an unlimited number of sick leave hours subject to the following: a. A maximum of 2,912 accumulated sick leave hours are available for use as paid time off at any given time in accordance with sections 10.3 and section 10.4 below.

16 b. Sick leave hours accrued in excess of 2,912 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for use as paid time off during employment.c. drop below the 2,912 maximum. d. All unused accumulated sick leave hours and any accumulated hours over the 2,912 sick leave maximum will be converted to additional service credit at the time of retirement in accordance with Government Code section 20862.8 (CalPERS e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section. 10.2 Sick Leave Accrual 40 Hour Shift Employees Battalion Chiefs assigned to a 40-hour work schedule shall earn sick leave at the rate of eight (8) hours for each month of service. Battalion Chiefs assigned to a 40-hour work schedule may accumulate an unlimited number of sick leave hours subject to the following: a. A maximum of 2,080 accumulated sick leave hours are available for use as paid time off in accordance with sections 10.3 and 10.4 below. b. Sick leave hours accrued in excess of 2,080 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for us as paid time off during employment. c. drop below the 2,080 maximum. d. All unused accumulated sick leave hours and any accumulated hours over the 2,080 sick leave maximum at the time of retirement in accordance with e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section. 10.3 Sick Leave Usage Employees may use accumulated sick leave in one (1) hour increments as follows: A. B. For the diagnosis, care, or treatment of an existing health condition or preventative care or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent,

17 grandchild, or sibling or a designated person. A designated person is one identified by the employee at the time the employee requests paid sick leave. The Department may limit the employee to one designated person per year. Employees assigned to a 56-hour work schedule may utilize a maximum of one hundred forty-four (144) hours of accumulated sick leave per calendar year and employees assigned to a 40-hour work schedule may utilize a maximum of (96) hours of accumulated sick leave for this purpose. C. Sick Leave may also be used to obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services: 1. A temporary restraining order or restraining order. 2. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. 3. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. 4. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. 5. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. 6. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 10.4 Sick Leave Procedure A. Employees are required to report the need for sick leave in accordance with Department policy. Employees shall notify the scheduling system prior to the start of their scheduled duty shift when utilizing sick leave. The Fire Chief or designee may waive this requirement based on exigent or unique circumstances. B. If an employee is on vacation and a permissible use of sick leave occurs while on vacation, the employee may report the need for sick leave in accordance with Department policy and request to be taken off vacation leave and be placed on sick leave for the hours the employee is eligible for sick leave as specified in Section 14.2 of this MOU. C. and/or a pattern of sick leave misuse, abuse or falsification (i.e., using sick leave in conjunction with days off, vacation, holidays or otherwise). D. Employees who are eligible for temporary disability payments may use accumulated sick leave in order to maintain their regular income; provided, however, the employee is allowed a credit towards sick leave to the extent that temporary disability payments are retained by the Department. E. Any proposed be negotiated with the Union.

18 Section 11. Leaves 11.1 Leave of AbsenceThe City Managers may grant a full-time regular employee a leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the Department. No such leave shall be granted except in writing stating the reasons for the requested leave. Upon expiration of the leave the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report to work promptly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discipline. The Fire Chief may grant a full-time regular employee a leave of absence without pay for one (1) calendar week. During unpaid leave, an employee shall not accrue vacation or sick leave benefits, nor shall said time be considered service time. Holiday in lieu payments for which an employee would otherwise be eligible shall be adjusted on a pro-rata basis to reflect an employee's leave time. 11.2 Jury Service Leave Employees who are summoned for jury service in state or federal court shall receive their regular pay for all time they are necessarily absent from work in order to satisfy their jury service. The City may require proof of the time spent in such jury service as a condition of receiving the time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service and are not required to return for additional jury service the following day shall report directly to work to complete the remainder of their shift or workday. Employees who are required to serve as jurors shall not have their regular starting and ending work times changed as a result of jury service. 11.3 Leaves Resulting from Subpoena A. Employees subpoenaed or called to appear as a witness in an administrative or legal proceeding about a work-related matter shall be granted time off with pay for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness. B. Employees subpoenaed or called to appear as a witness on behalf of the City or Department during their off-duty hours shall receive compensation as hours worked in accordance with Section 7 of this MOU for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness. 11.4 Military Leave Military leave shall be granted in accordance with the provisions of law. All employees entitled to military leave shall give the Fire Chief an opportunity within the limits of military regulations to determine when such leave shall be taken accommodate the request for leave. 11.5 Family, Medical and Pregnancy Disability Leave The City will abide by all federal and state family, medical and pregnancy disability leave laws.

19 11.6 Catastrophic Leave The City will maintain a Catastrophic Leave Policy outlined in Appendix B to this MOU.11.7 Bereavement Leave Employees are entitled to paid leave from duty (including shift trade days) for up to two (2) shifts (48 hours) for 56-hour personnel and up to forty (40) hours for 40-hour personnel, per death in order to attend the funeral or memorial service of an immediate family member and/or to assist ding sick leave) to extend bereavement leave when approved by the Fire Chief. For purposed of this provision, immediate family shall be defined as: spouse, domestic partner, child, unborn child, foster child who resided with the employee at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in--in-law, daughter-in-law or grandchildren. 11.8 Union Leave Bank A. Leave Donations Effective the first full pay period in July of each year, active bargaining unit employees may voluntarily elect to contribute to the Union Leave Bank by reducing their individual vacation accrual by six (6) hours for 56-hour personnel and four (4) hours of vacation accrual for 40 hour personnel. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 1500 hours, the contribution of hours described above will not occur for that fiscal year. leave bank transfer. Employees separating from employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank. B. Usage of the Union Leave Bank Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met: 1. The absence is for a union authorized event or purpose. 2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence. 3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence. 4. The absence is approved in writing by shift Deputy Fire Chief.

20 The Deputy Fire Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence in accordance with the current practice for obtaining shift replacements.maintain management control over the Department to ensure adequate staffing for daily operations and emergency situations. C. Payment for Union Leave When bargaining unit employees receive the appropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering the open shifts(s) rate on an hour-for-hour basis from the Union Leave Bank. Employees absent from work on union leave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly. D. Indemnification 1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws governing the taxation of the donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its administration of the Union Leave Bank, including reasonable attorney fees. 2. The City assumes no responsibility for how union time is utilized. Time spent on union purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees. 11.9. Administrative Leave hours of work to fulfill their managerial responsibilities, each employee received 56 hours of administrative leave on January 1, 2025. Effective July 1, 2025, each employee will receive an additional 24 hours for calendar year 2025. Effective January 1, 2026, each employee will receive 40 hours of administrative leave. Effective January 1, 2027, Battalion Chiefs will no longer receive any administrative leave. Administrative leave hours not used by the last payroll period of the calendar year will be cashed out.

21 Section 12. Health and Welfare 12.1 Medical Insurance - Active EmployeesA. Contributions following two amounts, whichever is greater: 1. $25 per month for employee only coverage, $25 per month for employee plus one coverage, or $50 per month for family coverage. 2. The difference between the family rate of the lowest cost HMO and the premium -tax and bi-weekly basis. B. Increases in Premiums The City will pay for any increase in the medical plan premiums up to a maximum of 15% annually of the lowest cost HMO family rate. Any premium increase above -tax basis. obligation is to pay the lower percentage increase. C. Plan Co-Pays The health maintenance organization (HMO) medical plans co-pays shall be ten dollars ($10) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, fifteen dollars ($15) for brand and thirty-five dollars ($35) for non-formulary (the Kaiser HMO provides for a two-tier prescription drug plan). The Preferred Provider Organization (PPO) medical plan co-pays shall be fifteen dollars ($15) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, twenty-five ($25) for brand and thirty-five dollars ($35) for non-formulary. D. Changes to Plan Designs The City reserves the right to make changes to the medical plan designs.

22 12.2 Retiree Medical Benefit Eligibility Employees who retire from the City of Pleasanton under the California Public Employees medical benefits. Retirement from the City of Pleasanton means a retirement effective date through CalPERS no more than 120 calendar days after separation from the City of Pleasanton. Retirees who subsequently rescind their CalPERS retirement forfeit this retiree medical benefit eligibility. A. Calculation of Total Service category indicated on the CalPERS annual member statement or validated by CalPERS at the time of retirement. 1. Managers hired prior to January 1, 2009 (Prior Service) Employees hired before January 1, 2009 who promote to management positions may count prior years of service completed with another CalPERS municipal agency for the retiree medical benefit. B. Spouse/Eligible Dependent Continuation of Benefits In the case where the employee eligible for two party coverage is deceased, the amount the City is obligated to pay shall be reduced by one-half (1/2). If a spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits. C. Vesting Schedule for Employees Hired Before January 1, 2009 1. Service Retirement For all employees who retire via a service retirement from the City of Pleasanton, contribution toward the monthly premium for employee and one dependent. For all service retirements the formula accelerates beginning with 10 years of service as illustrated below. Years of Service 10 75% 15 80% 20 90% 25+ years of service 100% 2. Disability Retirement For all employees who retire via a disability retirement, the City shall pay a and one dependent in accordance with the schedule set forth below:

23 Years of Service 10 20%11 25%12 30% 13 35% 14 40% 15 45% 16 48% 17 51% 18 54% 19 57% 20 80% 21 84% 22 88% 23 92% 24 96% 25+ years of service 100% 3. City Contributions dollar contribution paid for active employees at the employee plus one rate of the lowest cost HMO early retiree plan. 4. Reimbursement for non-City Plans In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed. 5. Benefits for Medicare Eligible Retirees All retirees eligible for Medicate are required to apply for Medicare benefits. Upon qualifying for and receiving parts A and B of Medicare, the City shall not be obligated to contribute an amount in excess of the monthly premium for the lowest cost HMO health plan supplement to Medicare for employee and one dependent. D. Vesting Schedule for Employees Hired on or After January 1, 2009 1. Service Retirement For all employees who retire via service retirement from the City of Pleasanton, the City contribution toward the monthly premium for single coverage. For all service retirements the formula accelerates beginning with 10 years of service as illustrated below:

24 Years of Service 10 75%15 80%20 90% 25+ years of service 100% In accordance with the Public schedule of miscellaneous employees. 2. Disability Retirement For all employees who are hired on or after January 21, 2009 and retire via disability retirement, the City shall pay a percentage of the monthly contribution toward the premium for single coverage in accordance with the schedule set forth below: Years of Service 10 20% 11 25% 12 30% 13 35% 14 40% 15 45% 16 48% 17 51% 18 54% 19 57% 20 80% 21 84% 22 88% 23 92% 24 96% 25+ years of service 100% 3. Public Employee Pension Reform Act (2013) In accordance with PEPRA, employees hired on or after January 1, 2013 and vesting schedule of miscellaneous employees.

25 4. City Contributions dollar contribution paid for active employees at the single rate of the lowest cost HMO Plan early retiree plan. 5. Reimbursement for non-City Plans In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed. 6. Benefits for Medicare Eligible Retirees Retiree health benefits, including reimbursement, will cease once the employee becomes Medicare eligible. 7. Retiree Health Savings Plan For employees hired on or after January 21, 2009, the City will contribute one hundred fifty dollars ($150) per month to the employee's RHSP. Additionally, each employee eligible for the City contribution will have a mandatory, pre-tax deduction of one hundred fifty dollars ($150) per month toward the RHSP. The total monthly contribution to the RHSP will be three hundred dollars ($300). Employees have a vested right to the funds at the time of deposit. Funds deposited in the RHSP are portable and belong to the employee, regardless of length of service or reason for separation. 12.3 Dental The City shall contribute an amount necessary to provide dental care benefits for the individual employees and eligible dependents. The City shall provide a lifetime maximum orthodontia coverage of $2,000 for individual employees and eligible dependents. 12.4 Life Insurance The City shall contribute an amount necessary to provide $100,000 life and $100,000 accidental death and dismemberment insurance coverage for individual full-time employees. Employees may purchase at their own expense and within the limits set by the insurance carrier, additional amounts of life insurance under the existing policy. 12.5 Vision Care A vision care plan will be provided as an option for employees and the cost of such coverage shall be included in the 125 Plan.

26 12.6. Long Term Disability The City shall pay to the Union the sum of twenty-nine dollars and fifty cents ($29.50), up to a maximum of forty dollars ($40.00) towards the monthly premium for each Battalion Chief -term disability plan. Said payments shall be made in arrears monthly. 12.7 Extended Benefits The City will consider voluntary proposals from the Union's membership to utilize their leave and medical benefits to extend the leave and medical benefits for employees on protracted medical leave. 12.8 Employee Assistance Program The City shall provide an Employee Assistance Program for employees covered by this MOU. Section 13. Retirement 13.1 Retirement Plans and Employee Contributions A. Employees hired before December 22, 2012 (Tier 1 Classic) Employees hired prior to December 22, 2012 are provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12% total employee contribution) for the CalPERS 3% @ 50 local safety plan. Effective July 11, 2020, Tier 1 Classic employees shall contribute an additional one-half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 50 local safety plan. B. Employees hired on or after December 22, 2012 (Tier 2 Classic) Employees hired on or after December 22, 2012 and before January 1, 2013, and employees, are provided the CalPERS 3% @ 55 local safety with the 36-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12% total employee contribution) for the CalPERS 3% @ 55 local safety plan. Effective July 11, 2020, Tier 2 Classic employees shall contribute an additional one-half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

27 C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA) Fire safety management employees hired on or after January 1, 2013 and provided the CalPERS 2.7% @ 57 local safety plan with the 36-month final compensation period. Such employees shall contribute 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS. 13.2 Additional Retirement Benefits All employees shall receive the following additional contracted for optional CalPERS benefits: Section 20965, Credit for Unused Sick Leave Section 21574, 1959 Survivors Benefit, Fourth Level Section 21548, Pre-retirement Option 2W Death Benefit 13.3 Pre-tax Employee Contribution All contributions paid by employees towards the cost of CalPERS pension benefits will be deducted on a pre-tax basis to the extent permitted by law. Section 14. Uniforms Effective July 5, 2025, the annual uniform allowance shall be one thousand two hundred ($1,200.00) dollars. The uniform allowance will be paid in equal biweekly installments in accordance with California Government Code Section 20363. The amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding. 14.1 Payment The uniform allowance shall be paid in employee paychecks. CalPERS will be deducted for all Retirement System). 14.2 Uniform Changes Uniform changes will be at the expense of the Department. The Department shall replace Class B pants, Class B shirt, and Class B boots on a one-for-one basis, as needed. Section 15. Credit Union The City shall implement a voluntary payroll deduction option for employees who wish to join the Firefighter First Credit Union, First United Services Credit Union or UNCLE Credit Union for the purposes of transacting business with these credit unions.

28 Section 16. Probationary Period 16.1 Length of Probationary PeriodAll appointments shall be subject to a probationary period of twelve (12) months service time. Personnel who serve in a long-term acting assignment any time during the two (2) years prior to their promotion will receive credit towards the twelve (12) month promotional probationary period for their long-term acting assignments up to a combined maximum of six (6) months. All other provisions of probationary period will apply. 16.2 Notification Requirements An employee who is not rejected prior to the completion of the prescribed probationary period shall be deemed to have passed the prescribed probation period automatically subject to the provisions of Section 16.3 and 16.4. 16.3 Extension of Probationary Period The Fire Chief may extend the probationary period once for a period not to exceed ninety (90) days, in order to further evaluate the performance of the probationary employee. 16.4 Tolling of Probationary Period The duration of the probationary period shall automatically be tolled when the probationary employee is unable to perform the full range of regular duties for their position due to an approved leave of absence or restricted modified duty status that exceeds thirty (30) consecutive calendar days. The tolling period shall start on the thirty-first (31st) calendar day of the approved leave of absence and/or modified duty status and extend the probationary period by the number of days of leave or modified duty beyond the thirty (30) days. 16.5 Rejection of Probationary Employee Promotional Appointment An employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted. shall have the option of voluntarily returning to their previously held position. Section 17. Promotion, Demotion, and Long-Term Acting Assignments A. Promotion Promotional or open-promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employees who meet the requirements set forth in the examination announcements may compete in promotional examinations. Insofar as consistent with the best interests of the Department as determined by the Fire Chief, vacancies in the Department shall be filled by promotion from within the Department after a promotional examination has been given and a promotional list established.

29 If in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open-competitive examination instead of promotional examination, the Fire Chief shall arrange an open-competitive employment list consistent with Personnel Rules.B. Demotion Bargaining unit employees who are promoted to a Deputy Fire Chief classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a Deputy Fire Chief shall be reinstated to a bargaining unit position in the classification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification. Battalion Chiefs hired from outside the Department cannot demote into a fire suppression position. Section 18. Resignation, Reinstatement and Layoff 18.1 Automatic Resignation Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for their absence within three (3) calendar days of the date their resignation was effected. 18.2 Voluntary Resignation An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2) weeks in advance of the effective date of the resignation. 18.3 Reinstatement With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated within two (2) years of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment. When an employee is reinstated within a two-year the date of the reinstatement, not the original appointment date except for service time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD. Reinstated employees may use prior service credit for promotional eligibility purposes. Reinstated employees may petition the Fire Chief after six months to be removed from probationary status.

30 18.4 Layoff The Fire Chief may lay off an employee because of material changes in duties, organization or shortage of work or funds. at least 16 weeks prior to the anticipated date of lay off. The employee having the least length of total continuous service with the Department in the classification, in which the Fire Chief is laying off, shall be laid off first. Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through displacement have changed classification shall have their name placed upon a re-employment list in seniority order. The employee with the highest seniority on a re-employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Each name shall be carried on a re-employment list for a period of one (1) year from the date of lay off from Department service or change of classification through displacement. The Fire Chief may extend the name(s) on a re-employment list for an additional one (1) year. No name shall be carried on a re-employment list for a period longer than two (2) years from the date of lay off from Department service or change of classification through displacement unless authorized by the City Manager. Section 19. Discipline The Department acknowledges that Battalion Chiefs are not at-will employees. Battalion Chiefs are entitled to Skelly rights and all rights and protections afforded by the Firefighters Procedural Bill of Rights Act Government Code Section 3250 et seq (FFBRA) with respect to investigations . Letters of Written Reprimand four (4) years after the date of issuance at the request of the affected employee. Letters of Written Reprimand not removed after the four (4) year period will be disregarded. Section 20. Grievances 20.1 A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any Fire Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. Any dispute which involves the interpretation or application of department policies outside this Memorandum of Understanding is not considered a grievance and is subject to an informal dispute process as follows: a. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination.

31 b. The dispute may be appealed, in writing, to the Fire Chief. The Fire Chief will render a determination.c. The dispute may be appealed, in writing, to the City of Pleasanton City their designee will render a determination which shall be final. 20.2 Grievances shall be processed in the following manner: a. Within thirty (30) days of the knowledge of an event giving rise to a grievance, an employee or the union may request in writing a meeting to discuss the grievance with the Deputy Fire Chief. The Deputy Fire Chief shall investigate the grievance and the Deputy Fire Chief shall render a decision within fourteen (14) calendar days from the date the grievance was received. b. No grievance involving demotion, reduction in pay, suspension, or discharge of an employee will be entertained unless it is filed in writing with the Fire Chief within seven (7) working days of the time at which the affected employee was notified of such action. c. Within fourteen (14) calendar days from receipt of the Deputy Fire Chief's decision in Step 1 above, the employee or official of the Union may notify the Fire Chief in writing that a grievance exists, stating the particulars of the grievance, citing the specific section of this Memorandum of Understanding they believe has been violated, and, if possible, the nature of the determination desired. The Fire Chief shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. The Fire Chief will then issue a decision of the parties. No grievance may be processed under paragraph (4 below), which has not first been filed and investigated in accordance with this paragraph (3). d. Within fourteen (14) calendar days from receipt of the Fire Chief's decision in Step 2 above, the employee or official of the Union may appeal the decision of the Fire Chief to the City Manager. The City Manager shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. The City Manager will then issue a decision to the parties. No grievance may be processed under paragraph (5 below), which has not first been filed and investigated in accordance with this paragraph (4). e. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, the Union may appeal the decision of the City Manager to arbitration within fourteen (14) days of the notification of the City Manager decision. The arbitrator shall be designated by mutual agreement between the Union and the Department. The fees and expenses of the arbitrator and court reporter shall be shared equally between the Fire Department and the Union. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

32 f. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law, Ordinances and Resolutions of the Livermore-Pleasanton Fire Department JPA.20.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties. 20.4 No arbitrator shall entertain, or hear, any dispute unless such dispute involves a position in the unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Subsection 20.1. 20.5 Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto or to establish any new terms or conditions of employment. 20.6 If the Fire Chief in pursuance of the procedures outlined in subsection 20.2 above resolves any grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost time or to reinstatement with or without payment for lost time. 20.7 All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances. Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from the date upon which the complaint was filed except in instances where retroactive adjustments are mandated by federal or state law or required by outside entities. In the event the City overpays an employee above the compensation outlined in this Memorandum of Understanding, the City may collect up to six (6) months of overpayment dated from the date of discovery. Any other matters of compensation are to be resolved in the meet and confer process and detailed in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is opened for such discussion. 20.8 No changes in this Memorandum of Understanding or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Fire Department Fire Chief and the Union. 20.9 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, nor shall it be

33 administered in a manner which would abrogate any power which may be within All grievances of employees represented by the Union shall be processed under this section. Section 21. Medical Examination 21.1 Fitness for Duty Exams The Fire Chief retains the right to subject employees to job-related fitness for duty medical examinations to ensure employees can safely perform the essential functions of their job classifications as specified in established job descriptions. In the event the Fire Chief, after consultation with the Human Resources Director, determines there are identifiable reasons to believe an employee may be unable to safely perform the essential functions of their job classification, an employee shall submit to a fitness for duty medical examination at any time while on duty. The notice provided to the employee directing them to submit to a medical examination does not need to include the identifiable reason(s) for the referral. A physician selected by the Department shall conduct the fitness for duty examination and the full cost of the examination shall be borne by the Department, as shall any medical examination required by the Employer. A copy of the medical examination report shall be given to the employee. Should the employee disagree with the opinion of the , the employee may consult with their own physician (at the employee's expense). If private physician's report conflicts with the Department's physician in terms of ability to perform the duties of the employee's regular job, the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee and the Department will share the costs for the third examination. The decision of the third physician concerning the shall determine the employee return to work. 21.2 Wellness-Fitness/Modified Duty Program On August 1, 2001, the Department and the Union adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative (3rd Edition as amended). Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union. The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevents employees from performing their regular duties. The program is outlined in the Department General Orders. The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppression duties, the Fire Chief will be notified that the employee is not fit for duty. No other The Department shall provide a mandatory physical fitness program to the employees. 21.3 Substance Testing Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix C to this MOU.

34 Section 22. Outside Employment Employees who plan to engage in regular employment during their off duty time must notify the Fire Chief of said employment in writing on the Outside Employment Form. No employee shall accept outside employment that creates a conflict with their full-time employment with the Department. Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment. Section 23. Disability Accommodations The Union recognizes that the City has an obligation under law to meet with individual employees who request reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department. Section 24. Miscellaneous 24.1 Deferred Compensation Program deferred compensation plan under this provision belong to the employee, regardless of length of service or reason for separation. The City shall contribute two and one-457 deferred compensation plan. City contributions are tax deferred, and count towards the 457 annual maximum deferral as designated by the IRS. Employees without an existing 457 account with a City sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required. 24.2 Tuition and Book Reimbursement Regular employees are eligible for tuition and fee reimbursement for college or university courses in advance by the Fire Chief and are taken from an educational institution accredited by the Western Association of Schools and Colleges, or any other accrediting agency approved by Human Resources. Tuition is reimbursed in the amount up to, but not to exceed, the annual registration fees levied by California State University, East Bay for degrees available at the time the employee enrolled in the course(s) for which the tuition reimbursement is requested. Eligible fees shall be limited to: university fee; student body fee; IRA (instructional related activity) fee; facility fee; university union fee; health services fee and ID fee.

35 The maximum tuition and fee reimbursement an employee may receive per fiscal year shall not exceed the annual maximum levied by California State University, East Bay for the academic are eligible to receive reimbursement up to the full-time equivalent for undergraduate tuition and fees at CSU East Bay. Employees accepted and enrolled in a graduate program are eligible to receive reimbursement up to the full-time equivalent for graduate tuition and fees at CSU East Bay. Requests for tuition and fee reimbursement are to be submitted at the completion of each quarter or semester during which the courses were completed. An official receipt verifying the tuition and fee charged, the tuition and fees paid, and a transcript of grades shall accompany the reimbursement request. Employees can be reimbursed for books required for college or university courses approved by Human Resources and successfully completed with a grade of "C" or better. The maximum reimbursement for books an employee may receive shall not exceed $300 per fiscal year. To be reimbursed, the employee must submit receipts from the college or university and proof of grades received. 24.3 Helmets For as long as the Department continues to issue leather helmets, Battalion Chiefs will be issued a leather helmet at time of promotion. Helmets are to remain with each individual at retirement. 24.4 EMT Certification Emergency Medical Technician is a mandatory condition of employment for Battalion Chiefs. The Department will provide all necessary training and testing relating to the recertification process at no cost to employees. If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards. The expenses, in such cases, will be the responsibility of the employee. The six (6) month grace period, if requested, may be extended due to course availability but, employees must enroll and participate in the first available course. 24.5 Staffing The parties agree that the desired minimum staffing is two (2) Battalion Chiefs per shift, and one (1) Training Chief. Staffing levels are ultimately at the discretion of each city, and based on community need, economic conditions, and City funding. At the discretion of the Fire Chief, staffing may be increased above the daily minimum of two for potential emergency needs or special events. The parties have also met and conferred and reached agreement over procedures and guidelines to staffing Battalion Chief positions which is contained in the Fire Department Manual. During the term of the MOU, any changes to the Fire Department Manual staffing Battalion Chief position must be done by mutual agreement of the parties.

36 24.6 Total Compensation Survey Total compensation includes salary, and a variety of other benefits. Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement (CalPERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add-on costs for different incentives or services performed. Total compensation information will be gathered from similar agencies to determine how the benchmark classifications compare with comparable positions in other agencies. The agencies used for comparison are listed below. Berkeley Fairfield Fremont Hayward Palo Alto Richmond San Ramon Valley Fire Protection District Santa Clara (City) Santa Rosa Vallejo Total compensation arrays will be provided to the Union three (3) months prior to the expiration of the MOU. 24.7 Continuity of Operations The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or concerted refusal to perform customary duties during the term of this MOU. Further, neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU. Section 25. Bargaining Waiver and Separability of Provisions Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU. Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect.

37 Section 26. Existing Memorandum of Understanding This MOU shall supersede all existing memoranda of understanding between the JPA and the Union for employees represented by the Union for the period commencing July 1, 2025 and ending June 30, 2028. LOCAL 1974, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS , AFL-CIO-CLC LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY By____________________________ Craig Berchtold By__________________________________ Gerry Beaudin, City of Pleasanton By____________________________ Dan Moyles By____________________________ Frank Nasca By__________________________________ Marianna Burch, City of Livermore By__________________________________ Xaviera Scoggins, City of Pleasanton By____________________________ James Smith By____________________________ Matt Thau By__________________________________ Tina Olson, City of Livermore By__________________________________ Kristen Hilton, City of Livermore By__________________________________ Tina Pruett, City of Pleasanton

38 Appendix A Salary Schedules Effective January 4, 2025 Monthly Salary Range Yearly Salary Range Salary Range $ 15,458.42 $ 18,760.60 $ 185,501 $ 225,127 Effective July 4, 2026 Monthly Salary Range Yearly Salary Range Salary Range $ 15,922.17 $ 19,323.42 $ 191,066 $ 231,881 Effective July 3, 2027 Monthly Salary Range Yearly Salary Range Salary Range $ 16,399.84 $ 19,903.12 $ 196,798 $ 238,837

39 Appendix B Catastrophic Leave Policy The catastrophic leave program permits employees to donate hours of sick leave or vacation leave for the purpose of providing eligible employees, upon approval, additional hours of paid leave. CATASTROPHIC ILLNESS OR INJURY A catastrophic illness or injury is a major medical condition that disables the employee from working for a protracted period of time. ELIGIBLE EMPLOYEE An employee who because of a catastrophic illness or injury has exhausted their accrued sick leave or vacation leave, and: 1. Is ineligible for any city disability income benefits; and 2. Has an acceptable sick leave record as determined by the sick leave administrative committee upon the recommendation of the Fire Chief. DONATING SICK LEAVE Employees may donate sick leave, or vacation leave to an eligible employee approved for catastrophic leave upon completion of the necessary form. Donations of sick leave once made are irrevocable. REQUESTING/APPROVING CATASTROPHIC LEAVE Requests for catastrophic leave must be in writing and be accompanied by a physician's certificate attesting to the catastrophic illness or injury. ADMINISTRATION The catastrophic leave shall be administered by a committee comprised of two representatives designated by the Union and two representatives designated by the city manager. The committee shall be responsible for reviewing requests for catastrophic leave and determining the requesting employee's eligibility for such leave. The committee shall recommend to the City Manager of Pleasanton if the request should be approved, the number of catastrophic leave hours to be granted, and under what conditions. The Pleasanton City Manager decision regarding the request shall be final. (NOTE: Per IRS rules and regulations, all donations received by eligible employees are subject to regular payroll tax deductions.)

40 Appendix C Substance Testing Policy LIVERMORE-PLEASANTONFIRE DEPARTMENT GENERAL OPERATIONS G.O.#: EFFECTIVE DATE: PREV. DATE: SECTION: SUBJECT: Substance Testing Policy Page 1 of 11 Page (s) I. PURPOSE: Livermore--free work environment. This commitment is placed in jeopardy when any employee uses drugs or alcohol in a manner that violates the law or LPFD policy. A department member with a substance abuse problem poses a risk to the safety and welfare of themselves, their co-workers, and the public at-large. This policy is adopted to address the negative effects that drug and alcohol misuse and abuse can cause in the workplace and to prevent future negative effects from occurring, including accidents and injuries. II. POLICY: A. All content herein shall be referred to as the LPFD B. All supervisors and managers actively taking steps to carry out this Policy. C. This Policy applies to all LPFD employees and individuals seeking employment regardless of rank with respect to alcohol and drugs, including any and all substances, to D. All testing pursuant to this Policy shall be conducted through independent third-party collection facilities, laboratories, and Medical Review Officers, all of whom are not affiliated with LPFD, the City of Livermore, or the City of Pleasanton. E. With respect to alcohol, the following conduct by Covered Employees is prohibited: 1. consumption of alcohol within four hours of beginning work; 2. purchase of alcohol from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

41 3. Distribution, defined as providing alcohol to a fellow LPFD member or member of the public, while on-duty other than as a packaged gift that remains unopened 4. Possession of alcohol while at work, excluding unopened alcohol that is stored premises; 5. consumption of alcohol while on-duty; and 6. consumption of alcohol following an on-duty motor vehicle accident that is subject to post-accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the Covered Employee. Any Covered Employee who is under the influence of alcohol (i.e., on-the-job impairment) or has the odor of alcohol on their breath will not be permitted to remain on duty. F. With respect to marijuana/cannabinoids, the following conduct by Covered Employees is prohibited: 1. consumption of marijuana/cannabinoids within four hours of beginning work; 2. purchase of marijuana/cannabinoids from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia; 3. Distribution, defined as providing marijuana/cannabinoids to a fellow LPFD member or member of the public, while on duty; 4. Possession of legal marijuana/cannabinoids while at work, excluding unopened personal vehicle while parked on LPFD premises; 5. consumption of marijuana/cannabinoids while on-duty; and 6. consumption of marijuana/cannabinoids following an on-duty motor vehicle accident that is subject to post-vehicle accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the employee. Any Covered Employee who is under the influence (i.e., on-the-job impairment) of marijuana/cannabinoids will not be permitted to remain on duty. With respect to drugs other than marijuana/cannabinoids, while on-duty, Covered Employees shall not use, possess, sell, transfer, distribute or be under the influence (i.e., on the job impairment) of any illegal drug recognized as illegal. G. This Policy does not prohibit Covered Employees from using prescription drugs in the manner prescribed and as deemed safe by a treating health care provider. This Policy does, however, require Covered Employees to notify their Supervisor if they are using a prescription drug while on-duty that, according to the drug manufacturer, a pharmacist,

42 or a physician, may induce drowsiness or otherwise impair their ability to perform the ability to perform assigned duties safely and effectively when using such medications, the City of Pleasemployee for on-duty use of such medication. H. LPFD may require a Covered Employee to submit to a drug or alcohol test in accordance with this Policy under the following circumstances: (1) reasonable suspicion; (2) post- accident; (3) return-to-duty; or (4) pursuant to the terms of a Last Chance Agreement. I. LPFD may discipline a Covered Employee for violation of this Policy, up to and including termination from employment, subject to due process and representation rights. J. A Covered Employee who tests positive for the first time in violation of this Policy will be offered a Last Chance Agreement in lieu of termination. The Last Chance Agreement will be negotiated between LPFD, the Union and /or the Covered Employee. Notwithstanding this requirement, LPFD may deny a Covered Employee the offer of a Last Chance Agreement in egregious situations or when the Covered Employee refuses to submit to testing as authorized by this Policy. K. In an effort to encourage the Covered Employee to take responsibility for their behavior, the Last Chance Agreement or other Agreement will include a requirement, among others, that the Covered Employee undergo an evaluation by a substance abuse professional and complete any recommended treatment. In such instances, the City will offer treatment to the Covered Employee in a substance abuse treatment program recommended by a Substance Abuse Professional. 1. The City will pay seventy percent (70%) of the treatment program costs that are not covered by the Covered Employee's health insurance. The Covered Employee will pay the remaining thirty percent (30%) of the treatment program cost. The for treatment, however, shall not exceed $100,000 for all Union members in a fiscal year. 2. If the Covered Employee is not otherwise on paid administrative leave or on paid program will be unpaid per the terms of the applicable MOU, but the Covered Employee may elect to use accrued paid time off, if available. 3. During a Covered Employee's career, a second opportunity for treatment may, in is not eligible for a second treatment opportunity unless considerable time has passed and the Covered Employee is otherwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost. 4. To the extent a Covered Employee tests positive for drugs or alcohol in violation of this Policy, completion of a return-to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work.

43 5. As a condition of continued employment, a Covered Employee who tests positive in violation of this Policy will be subject to unannounced follow-up testing for up to 12 months after the Covered Employee has returned to duty. L. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights. M. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if test results indicate a concentration of 0.02 or higher. N. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy. O. To provide Covered Employees with substantial advanced notice regarding this Policy, date. III. PROCEDURE: TYPES OF TESTING A. Pre- Employment Screening 1. Applicants seeking initial employment with LPFD in any of the job classifications identified in the definition of Covered Employees shall be subject to a pre-employment screening for drugs. Pre-employment screening does not apply to existing LPFD employees applying for promotion or assignment to another position with the LPFD. LPFD will provide notice to applicants that they will be required to undergo and pass a pre-employment drug test as a condition of employment in advance of hiring. In such notice, LPFD will provide a description of the associated drug (and potentially alcohol) test. 2. Applicants who test positive for substances prohibited by this Policy will have an opportunity to demonstrate to a third-party Medical Review Officer that their use of the substance is authorized by a prescription from a health care provider and that such use is in a manner consistent with the instructions set forth in the supporting prescription. If the applicant makes a satisfactory showing, then the positive drug test does not disqualify the applicant from appointment. 3. Applicants found to have a positive screening test for drugs or alcohol shall be disqualified from appointment. Refusing to submit to a pre-employment screening required under this subsection will be deemed a failure of the screening, thereby resulting in a rejection of the application for the appointment.

44 B. Reasonable Suspicion 1. Covered Employees are required to submit to a drug or alcohol test authorized by this Policy when a Trained Employee has reasonable suspicion to believe that a means any employee of the LPFD who has participated in the training program further described in this Policy. 2. articulable observations concerning the appearance, behavior, speech and/or body odors of the employee and reasonable inferences drawn from those facts related specifically to job performance, a threat to themselves or the safety of others. Reasonable suspicion shall be documented on the Observation of Impairment Report, the form of which is attached as Attachment A and is hereinafter referred 3. A Trained Employee must notify a command staff member immediately of their reasonable suspicion that a Covered Employee is under the influence of drugs or alcohol and the affected Covered Employee must be removed from duty and then provided with an opportunity to explain alternative reasons for the physical symptoms or articulable phenomena. The Covered Employee will be allowed to consult with a union representative before providing any explanation about physical symptoms or articulable grounds allegedly giving rise to reasonable suspicion, and to have the union representative present if the union representative is reasonably available. Such union consultations will not permit a Covered Employee to delay or refuse the inquiry necessary to establish reasonable suspicion (other than explanation from the Covered Employee) or drug testing. 4. A finding of reasonable suspicion must be made before a Covered Employee may be directed to submit to testing. Only a command staff member, or the Human Resources Directoracting upon the information provided by a Trained Employeeis authorized to direct a Covered Employee to submit to testing. The facts underlying the determination of reasonable suspicion shall be disclosed in writing to the Covered Employee at the time the Covered Employee is directed by LPFD or the Human Resources Director to submit to a test. Attachment A shall be used to document the determination of reasonable suspicion. 5. A command staff member or the Human Resources Director of Pleasanton shall arrange for the testing and transport of the Covered Employee to the testing site. 6. After the Covered Employee submits to testing, they will be prohibited from returning to work during the same shift. The Covered Employee shall be paid for the remainder of such shift. The Covered Employee will be precluded from returning to work while LPFD waits to receive test results. To the extent the Covered Employee misses a pre-scheduled shift during this period, they will receive paid leave. If, after receiving test results, LPFD desires to place the Covered Employee on unpaid leave for any period, the Department must provide a Skelly hearing in advance of any such decision. 7. LPFD shall provide a program of training to assist Trained Employees in identifying Covered Employees who are under the influence of drugs or alcohol.

45 Such training will be aimed to help recognize the conduct and behavior giving rise to reasonable suspicion of substance abuse. Trained Employees must attend annually one hour of training, provided or approved by Human Resources Director for the City of Pleasanton, on alcohol misuse and substance abuse. 8. An initial finding of reasonable suspicion and direction to submit to testing must be documented in writing by the Trained Employee who identifies that a Covered Employee is under the influence of drugs or alcohol on the Observation of Impairment Report. The Observation of Impairment Report shall detail in writing the specific facts, determination that reasonable suspicion exists. The Trained Employee must complete and submit their portion of the Observation of Impairment Report to a command staff member, or the Human Resources Director who will confirm that the form documents reasonable suspicion and sign the form. The Observation of Impairment Report must be completed in advance of testing. The Human recordkeeping purposes. C. Post-Accident Testing 1. Post-accident/drug and alcohol testing will be conducted for Covered Employees who were operating a LPFD vehicle directly involved in an accident that results in serious bodily injury to any person or causes substantial damage to property. Post-accident drug and alcohol testing will also be conducted for Covered Employees who were operating LPFD heavy/dangerous equipment that directly caused serious bodily injury to any person. For purposes of this provision, imited to the use of hydraulic spreaders/pullers/rams/cutters, chainsaws, and circular saws. 2. Post-accident alcohol and drug tests shall be administered within two hours following an accident to the extent practicable. If the test is not performed within two hours, then LPFD must provide written documentation to the City of Pleasanton Human Resources Director as to why the test was not promptly conducted. A post-accident drug test shall be conducted within 72 hours following the accident. If the post-accident drug test is not conducted within 72 hours following the accident, then LPFD must provide written documentation to the Human Resources Director as to why such testing did not occur. Any drug testing administered after two hours but up to 72 hours is done to accommodate operating hours of the testing facility. D. Return-to-Duty And Follow-Up Testing 1. A Covered Employee must submit to a return-to-duty test before they resume performance of their job duties where they have either: a) tested positive following testing ordered under this Policy; b) have refused to comply with an order to submit to testing authorized by this Policy; or c) admitted to alcohol or drug use in violation of this Policy.

46 2. If a Covered Employee tested positive for alcohol or any of the drugs covered under this Policy, then they must test negative for the substance at issue before they can resume performance of their job duties. 3. In addition, the Covered Employee will be subject to follow-up testing. The Covered Employee will be subject to monthly unannounced drug or alcohol tests the violation. Follow-up testing shall be conducted in addition to any other testing to which the Covered Employee is subject under this Policy. E. Testing Process and Standards 1. All testing services pursuant to this Policy shall be conducted through independent third-party Collection Facilities, HHS-certified laboratories, and Medical Review Officers, all of whom are not employed by the City of Pleasanton or the City of Livermore. Such services shall include, breath or saliva alcohol testing, urine specimen collection, laboratory testing, and medical review. 2. Drug Testing Once a determination is made to require a Covered Employee to be drug tested, the information supporting the determination will be made accessible to the Human Resources Director for the City of Pleasanton (Human Resources Director). 3. Alcohol Testing Positive alcohol test results will be reported to the Human Resources Director, and the LPFD Fire Chief. Substances considered to be a violation under this Policy shall be limited to: Alcohol; Marijuana/Cannabinoids (Marijuana)(only in conjunction with objective signs that an employee may be impaired by Marijuana/Cannabinoids on the job.) Illegal Drugs; and Prescription drugs and other substances which may impair an of the job.

47 4. Sample Collection/Breath Alcohol Testing Testing must be conducted in accordance with the agreement between the LPFD and the third-party administrator. However, this does not prohibit LPFD from using BAC test results lawfully obtained from a local law enforcement agency that conducted its own investigation of a Covered Employee involved in the vehicle accident at issue. 5. Test Results The results of the laboratory analysis will be forwarded to a third-party Medical Review Officer. If the results are negative (no drugs or alcohol detected), then the Medical Review Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportunity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determination and notify the Human Resources Director. The Covered Employee may request a split Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Covered Employee must pay for such testing at their own expense. maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as such, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law. 6. Consent and Refusal Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test results to the LPFD Fire Chief or their designee and City of Pleasanton representatives with a need-to-know. Failure to sign such form will be cause to terminate the application process and deny employment for applicants and will constitute insubordination for Covered Employees. A job applicant who refuses to consent to testing will be denied employment with LPFD. constitutes insubordination and may result in administrative action, up to

48 and including termination, subject to full due process and consistent with all representation rights. Any of the following constitutes a refusal to test: o Failure to proceed immediately to the designated testing site after being directed to do so. o Failure to permit transportation by LPFD personnel to the designated testing site or unreasonably delaying transport or arrival at the designated testing site after being directed to go to the designated testing location; o Failure to remain at the designated testing location until testing is completed; o Failure to provide a specimen or sample or a sufficient amount of the specimen or sample as directed by a specimen collector/technician without medical explanation as determined by medical evaluation; o Failure to sign the appropriate forms when asked to do so by the specimen collector/technician; o Declining to take a second test as directed; o Failure to cooperate with testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a confrontational way that disrupts the collection process) or engaging in any conduct that obstructs or does not allow for the successful completion of the testing process; o Medical Review Officer report that Covered Employee has verified adulterated or substituted test result; o Admission by Covered Employee that he or she adulterated or substituted their specimen; o Observed possession or wearing of a prosthetic or other device that could be used to interfere with the collection process at time of collection; or o Refusal to wash hands in advance of providing a specimen, after being directed to do so. Where there is a reasonable suspicion that the Covered Employee is presently under the influence of alcohol or drugs, LPFD shall allow the Covered Employee time to arrange to be safely transported home. The Covered Employee shall not be permitted to transport themself.

49 ACKNOWLEDGEMENT understand the Policy and agree to abide by it. I understand the Policy may be updated in the future. Employee Signature Date Employee Name (printed) This form shall be retained by Human Resources. Please complete and return this form immediately.

50 OBSERVATION OF IMPAIRMENT REPORTREASONABLE SUSPICION RECORD Employee Name: _ Employee ID No. ___________ Observation Date: ____________ Time: (from ______ a.m./p.m. to ______ a.m./p.m.) Location: _____________________________________________________________________ Street City State Zip This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy. OBSERVATIONS: Detail the specific facts, symptoms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ TRAINED EMPLOYEE COMPLETING THE ASSESSMENT: _____________________________________________________________________________ Signature Print Name Rank Date Time CONFIRMING WITNESS: _____ Concur is the above findings. ______________________________________________________________________________ Signature Print Name Rank Date Time APPROVED BY: _____________________________________________________________________________

51 Appendix D Performance Evaluation LPFD Battalion Chiefs Performance Evaluation PART I: PERFORMANCE STANDARDS PREVIOUS YEAR: (Identify Evaluation Period) EMPLOYEE NAME: DEPARTMENT: EVALUATOR NAME: EVALUATOR DEPARTMENT: Management Employee Standards Exceeds Expectations Meets Expectations Fails to Meet Expectations Customer Service and Community Relations Interpersonal Effectiveness and Teamwork Communication Skills Organizing and Planning Financial Resource Management Flexibility, Adaptability and Initiative Decision Making and Problem Solving Professional Knowledge, Skills and Abilities Leadership Skills Human Resource Management Integrity and Ethics Overall Rating

52 LPFD Battalion Chiefs Performance Evaluation PART I: PERFORMANCE STANDARDS (Cont.) PREVIOUS YEAR: (Identify Evaluation Period) Evaluator comments are required for any ratings of Evaluator Comments: Employee Comments (if any):

53 LPFD Battalion Chiefs Performance Evaluation PART II: DEPARTMENT & INDIVIDUAL GOAL ACHIEVEMENT PREVIOUS YEAR: (Identify Evaluation Period) DEPARTMENT: EMPLOYEE NAME AND TITLE: EVALUATOR NAME AND TITLE: List each of the applicable FY (Identify Year) department goals, then each personal goal. Have the employee summarize their work on each goal, then write your comments. Goal Employee Comment Evaluator Comment Goal Employee Comment Evaluator Comment

54 LPFD Battalion Chiefs Performance Evaluation PART II: DEPARTMENT & INDIVIDUAL GOAL ACHIEVEMENT (Cont.) PREVIOUS YEAR: (Identify Evaluation Period) Goal Employee Comment Evaluator Comment Goal Employee Comment Evaluator Comment Goal Employee Comment Evaluator Comment Add additional pages as needed

55 LPFD Battalion Chiefs Performance Evaluation UPCOMING YEAR: (Identify Evaluation Period) DEPARTMENT: EMPLOYEE NAME AND TITLE: APPROVED BY (NAME AND TITLE): List each of the (Identify Year) applicable department goals and then each personal goal.

Continue on next page or pages as needed

56 LPFD Battalion Chiefs Performance Evaluation SUMMARY COMMENTS PREVIOUS YEAR: (Identify Evaluation Period) Evaluator Comments (if any): Employee Comments (if any):

57 LPFD Battalion Chiefs Performance Evaluation SIGNATURES ____________________________________________________________________________________________ Completed by: (Evaluator) Date ____________________________________________________________________________________________ Approved by: Date Discussed w/ employee on ____________________________________________________________________________________________ Date ____________________________________________________________________________________________ Date

58 APPENDIX A CURRENT YEAR DEPARTMENTAL GOALS CURRENT YEAR: (Identify Year) DEPARTMENT HEAD: DEPARTMENT: List all of the FY (Identify Year) goals of the Department including those from Council Priorities Continue on next page or pages as needed

59 APPENDIX BNEW DEPARTMENTAL GOALS UPCOMING YEAR: (Identify Year) DEPARTMENT HEAD: DEPARTMENT: List all of the FY (Identify Year) goals of the Department including those from Council Priorities Continue on next page or pages

60 Appendix E Battalion Chief Staffing Policy BATTALION CHIEF STAFFING POLICYI. BC Staffing Policy: To establish procedural guidelines for staffing Battalion Chiefs positions. Staffing decisions for situations not specifically addressed in this policy will be made considering all factors and what is best for the organization and impacts on personnel. II. Responsibility: A. It will be the responsibility of Battalion Chiefs to follow this procedure. B. Battalion Chiefs are responsible for managing their staffing calendar. C. Battalion Chiefs will check their staffing calendar at least once per day when on duty. D. Battalion Chiefs shall ensure all contact information is accurate. III. Definitions : A. Shift Fill - Assignments made voluntarily to maintain adequate staffing levels. Availability is indicated in the staffing time & attendance software as a sign-up. B. Mandatory Shift Fill - Assignments made involuntarily to maintain adequate staffing levels. Individuals have not made themselves available in the staffing time & attendance software. C. Emergency Recall - Assignments made voluntarily or involuntarily due to an Emergency Incident within the fire department's areas of influence, requiring additional staffing. D. Selection Factor - Accrued hours worked used to award Shift Fill. This selection factor will reset November 24th of each calendar year. E. Pick List- Descending list, based on selection factor, indicating an individual's availability to be assigned shift-fill, from lowest factor to highest factor. F. Mandate List - Rotational list that resets November 24th of each year, based on rank seniority, with the least senior member at the top of the list and the most senior member at the bottom of the list. G. Operational Period- Work period for regularly scheduled calendar day, i.e., 24 hours, 10 hours H. Shift Battalion Chief - Battalion Chief assigned to the 56-hour work week. I. 40-Hour Battalion Chief - Battalion Chief assigned to the 40-hour work week. J. Captain of Rank (COR)- A individual who has opted into the Captain of Rank program and previously held the rank of Fire Captain within the LPFD K. Acting Battalion Chief (ABC)- An individual currently on the active Battalion Chiefs promotional list. NOTE: Refer to Section IV.N - Out of Class Trial Section for COR and ABC Information

61 L. Holdover- Battalion Chief holdovers less than (3) hours will not receive Stipend Pay. If the holdover is beyond 3 hours the Battalion Chief will be compensated for all time in excess of three (3) hours at their current Stipend Pay rate in 15-minute increments. Any holdover of more than (3) hours will result in mandate credit. Stipend Pay Worked Paid As 1 through 15 minutes 15 minutes 16 through 30 minutes 30 minutes 31 through 45 minutes 45 minutes 46 through 60 minutes 60 minutes

62 IV. Procedure: Assigning Shift-Fill 1. To maintain adequate staffing level. 2. Staffing will be filled 6 days out for all known and/or assignments 3. Individuals shall indicate their availability in Telestaff. 4. Assignments shall be made 6 Days Out @ 0800 using the following Algorithm: Shift Battalion Chief Availability YES. Availability. NO Award to available Shift Battalion Chief based on selection factor and sign-up. (120 Hour Maximum) Fill with acting assignment availability NOTE: Acting assignments assigned from the promotional list will be made in Rank Order and no more than one short term Actor per day. 40 Hour Battalion Chief availability: Sign-Up NOTE: Only available on their flex day or non-working hours as Training Chief. Mandate a shift Battalion based on the mandate rotational list. NOTE: 40 Hour Battalion Chiefs are EXEMPT from Mandates. NOTE: Qualified Actors/Deputy Chiefs may offer to take the Mandate. NOTE: If no Shift Battalion Chiefs are eligible - move to contingency staffing. Fill with acting assignment availability: Sign-Up NOTE: Acting assignments assigned from the active promotional list will be made in Rank Order and no more than one short term Actor per day. Deputy Chief Availability: Sign-Up NOTE: Only available on their flex day or non-working hours as Deputy Chief. No availability within Rank (Mandate Shift Fill: 96 Hour Maximum)

63 Fill Sequence Battalion Chief Training Battalion Chief Active Battalion Chief Promotional List Qualified Deputy Chief (Previous held the Position of Battalion Chief with the LPFD) CONTINGENCY STAFFING: 120 Hour Maximum RULE BREAKS Trade Off Protection Trade Off Revocation Vacation Protection Vacation Revocation (Non-AVP) Vacation Revocation (AVP) EXCEPTION: Holiday Staffing See Section IV; Sub-Section R A. Staffing will be filled 6 days out for all known vacancies and/or assignments. B. Individuals shall indicate their availability in the staffing time & attendance software (Sign- Up) C. Assignments will be made based on the following procedure: 1. Shift Battalion Chief Availability: Sign-Up Yes - Award to available Shift Battalion Chief based on selection factor (96 Hour Max) No - 40 Hour Battalion Chief Availability No Fill with acting assignment availability Acting assignments assigned from the active promotional list, this will be made in rank order and no more than one short term actor per day. No Fill with signed up Deputy Chief 2. 40 Hour Battalion Chief Availability: Sign-Up Yes - Fill with 40 Hour Battalion Chief based on Selection Factor No Fill with acting assignment availability Acting assignments assigned from the active promotional list will be made in rank order and no more than one short term Actor per day No - Fill with Deputy Chief 3. Deputy Chief Availability: Sign-Up Yes - Fill with Deputy Chief based on selection factor. No - Move to Mandatory Shift Fill

64 4. Mandatory Shift Fill: 96 Hour Maximum Mandate a Shift Battalion Chief based on the Mandate Rotational List NOTE: 40 Hour Battalion Chiefs are EXEMPT from Mandates If no Shift Battalion Chiefs are eligible - move to CONTIGENCY STAFFING 5. Contingency Staffing: 120 Hour Maximum Assignments will be made voluntarily (sign-up) or involuntarily (mandatory). 6. No Battalion Chief Eligibility: Rule Breaks 7. Rule Breaks: Shall occur in the following order of sequence: Trade Off Protection Trade Off Revocation Vacation Protection Vacation Revocation (Non-Annual Vacation Pick) Vacation Revocation (Annual Vacation Picks) D. All vacancies will be filled using the procedures outlined above. EXCEPTION: See Holiday Staffing E. Battalion Chiefs may not act out of class anytime there is a mandatory assignment within their rank. Battalion Chiefs who were previously assigned to fill a Captain vacancy will be reassigned to the vacancy in their perspective rank, and the captain vacancy will be filled as outlined in their staffing policy. F. Battalion Chiefs may not exceed 96 hours of continuous work, unless in Contingency Staffing, and must have a minimum of 12 hours off after any 120-hour continuous work period, except in emergency situations as determined by the fire chief and/or their designee. G. Personnel not available when assignment(s) are made are NOT entitled to the shift(s). This would include, but is not limited to, assignments on a Strike Team, previous alternate assignments, or injury with work restrictions. H. Battalion Chief who has a signed release from a physician on record with the Deputy Chief is eligible for shift-fill, voluntarily or involuntarily effective from their release date. I. A Battalion Chief returning from a Strike Team exceeding 48 hours shall have a minimum of 24 hours off and shall not work the next calendar day.

65 J. Individuals may be awarded voluntary shift fill for any portion of a 24-hour shift unless they have indicated their availability otherwise in staffing. NOTE: This does not prevent mandatory assignment for additional hours K. Additional vacancies occurring under 6 days, will be filled using the procedure outlined above with the following exceptions: 1. Individuals assigned fewer hours than the vacancy(s) needing filled, who indicated their availability, will be assigned the shift(s) with the greater number of hours. 2. Mandatory Assignments will continue to be assigned on a rotational basis, using the mandate list. Upgrades will not occur unless it is necessary to prevent rule breaks. 3. Vacancies occurring 37 hours or less to the operational period will be filled using the same algorithm outlined above; however, the first person contacted shall be awarded the shift(s). L. Promotions/ Long-Term Acting (ABC): A newly promoted Battalion Chief will be assigned a selection factor commensurate with the highest factor in their perspective rank or classification, plus (I) one hour. A Captain assigned to a long-term acting assignment shall have their factor assigned as outlined above. Their factor in their respective rank will be locked. Upon returning to their rank all hours worked in the acting assignment will be added to their respective rank factor. M. Finding Relief- Personnel may find relief for all, or part of their assigned shift(s), provided they follow the following procedure: 1. Contact personnel who have indicated their availability, who have been assigned fewer hours than the shift being offered; acceptance is voluntary. 2. Contact personnel who have indicated their availability, who have not yet been assigned shift fill - acceptance is voluntary. 3. Contact any remaining personnel within the rank - acceptance is voluntary. 4. Contact any Battalion Chief candidates on an active promotional list in rank order of the list. 5. Contact Deputy Chiefs - acceptance is voluntary. N. Mandatory Shift Fill Relief: 1. Contact personnel within the rank - acceptance is voluntary. 2. Personnel are free to swap mandatory assignments.

66 3. Contact any Battalion Chief candidates on an active promotional list in rank order of the list. 4. Contact Deputy Chiefs - acceptance is voluntary. 5. Only one (1) individual, working a minimum of two (2) hours, will receive credit for the mandatory shift. 6. Individuals who find their own relief are EXEMPT from the mandatory assignment during the operational period in which they found relief. This applies only to the original agreement. O. Sick Leave - BC's must notify the Staffing Captain or the on-duty Staffing BC between 1900-2000 or the morning of, or between 0630-0700 hours, of their need to use sick leave. Battalion Chiefs using sick leave will be placed off for both operational periods (48 hours). If the BC is well enough to return to work for the second operational period, they must contact the Staffing Captain or the on-duty Staffing BC between 1900-2000 hours the night before the second shift. In the event the Staffing Captain is unavailable, contact the designated Staffing Battalion Chief. EXCEPTION: The use of family sick leave or sick leave for medical appointments can be used for actual time needed. The use of sick leave for medical appointments requires approval from the Fire Chief or their designee. P. Trades-Refer to MOU Section 6.1 Employees may request Trades for any duration, with any employee in the same rank and working the same schedule-c Under normal staffing operations, personnel off on approved trade(s) for not less than 12 hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift. EXCEPTION: See Holiday Staffing Q. Vacation- Refer to the MOU Section 9.0 Under normal staffing operations, personnel off on approved vacation for not less than twelve (12) hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift. EXCEPTION: See Holiday Staffing Employees may request vacation outside the twelve (12) or twenty-four (24) use requirements, provided they provide the name of their relief. This is a one-one agreement, and not subject to upgrades as outlined in Section H.

67 R. Holiday Staffing- Holidays will be filled as follows: July 4 June 4 Thanksgiving - October 25 Christmas Eve & Christmas Day - November 25 (Christmas Day filled 1st) Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 - January 5. Vacation must be canceled prior to the vacancy being filled during this same period. Approved trades of any duration during this same period DO NOT provide mandate protection. S. Emergency Relief: 1. Personnel who determine a personal emergency will preclude them from remaining on- duty, will advise the Deputy Chief(s) 2. Notification will include the nature of the emergency, anticipated time off needed, and whether they will be able to return to work. 3. Personnel may elect the use of family sick leave or secure a trade or vacation with identified relief. 4. Personnel shall remain on-duty until their replacement arrives, unless the nature of the emergency require immediate release (Deputy Chief approval)

Item #11

CITY COUNCIL AGENDA REPORT

August 19, 2025
Library and Recreation

TITLE: CONTINUED FROM JUNE 17, 2025 - INTRODUCE AN ORDINANCE AMENDING THE PLEASANTON MUNICIPAL CODE TO ADD A NEW CHAPTER 13.20 TO TITLE 13 ESTABLISHING A PUBLIC ART CONTRIBUTION REQUIREMENT FOR

NON-RESIDENTIAL DEVELOPMENT AND ADOPT A RESOLUTION AMENDING THE CITY’S MASTER FEE SCHEDULE TO ADD A PUBLIC ART CONTRIBUTION

IN-LIEU FEE

SUMMARY
The City of Pleasanton recognizes the important role of public art in fostering civic pride and encouraging a sense of place. In August 2024, the City Council affirmed its interest in establishing a public art contribution and alternative in-lieu fee to provide a sustainable source of funds to acquire, install, and maintain public art and encourage the provision of public art in new private development projects. Unique or significant public art pieces can become landmarks associated with a community. With the support of generous benefactors, the City’s public art collection has expanded over many years. However, these donations are specifically allocated for the purchase of art and do not cover installation or maintenance of the artwork.

By implementing a public art contribution with an In-Lieu fee alternative, the City could bolster its public art collection by creating a continuous source of new art and an alternative funding source for installing and maintaining public art, alongside the existing donor-advised funds.

Staff recommends the City Council adopt a resolution amending the Pleasanton Municipal Code (PMC) Chapter 13.16 and establishing a public art contribution with an In-Lieu fee alternative. This requirement would apply to commercial projects only, a change recommended since the June 17, 2025 report was published based on public comments and further consideration of the relative benefits of the requirement for different types of new development.

RECOMMENDATION
Introduce an ordinance adding a new chapter 13.20 to Title 13 of the Pleasanton Municipal Code establishing a public art contribution requirement for non-residential development (Attachment 1) and adopt a resolution amending the City’s Master Fee Schedule to add a public art contribution In-Lieu fee (Attachment 2).

BACKGROUND
PMC Chapter 13.16 describes the purpose of Art in Public Places “to promote the acquisition, construction, and installment of works of public art in Pleasanton that will foster creativity, engender civic pride, encourage a sense of community, and enrich the lives of our citizens.”

The City has 45 permanent public art pieces, 19 utility box paintings, and four temporary public art pieces. These works are located in City parks and facilities, as well as on public streets and sidewalks, including areas around the Firehouse Arts Center, Alviso Adobe Community Park, Pioneer Cemetery, and along Main Street. One public art piece is at Kaiser Permanente Medical Facility on Stoneridge Drive.

Historically, the City's public art has been funded by the General Fund, an Internal Service Fund, and a donor-advised fund, “Another H.A.P.P.Y.” (Another Harrington Art Partnership Piece for You), as follows:
• $40,000 annually from the General Fund for conservation and maintenance (provided as part of the Library and Recreation Department budget) • $20,000 annually from an Internal Service Fund — the Public Art Acquisition and Maintenance Fund (provided as part of the Public Works Department budget) — $10,000 for art installations, which includes lighting, concrete bases, and plaques, and $10,000 for art acquisition
• Another H.A.P.P.Y. is a donor-advised fund established by George Gary Harrington and Nancy R. Harrington and held by the City. The Pleasanton Cultural Arts Council has been assigned the Harringtons’ limited control over the fund. As of July 2025, the balance of the H.A.P.P.Y. fund was $127,000. These funds can only be used for public art acquisition, not maintenance or installation.

Two existing, though dated, City plans identify public art priorities: the 2014 Cultural Plan and the 2007 Downtown Public Art Master Plan. Of the many goals outlined in these plans, evolving the City’s “public art program to better serve the needs of the entire community, match the aesthetic standard of the City, and enhance its artistic reach and scope” remains relevant today.

On August 20, 2024, City Council provided direction to staff to further explore a public art contribution and alternative In-Lieu fee for the City of Pleasanton.

On March 3, 2025, the Civic Arts Commission provided feedback on this item. That feedback has been included in staff’s recommendation.

This item was originally scheduled to be heard at the June 17, 2025, City Council meeting.

Two comment letters were received on the day of the meeting, from the Building Industry Association (BIA), and the Housing Defense Fund (HDF), with the latter citing concerns about the provisions of the draft Ordinance with respect to residential development. Staff requested that the item be continued to allow time to review the comment letters. While staff continue to recommend adoption of the ordinance and find its basis to be valid as outlined in the report, the Ordinance has been modified from the June draft to no longer make residential projects subject to the Public Art requirement. This change is based on the fact that residential developments tend to offer fewer opportunities for public access to any art that may be installed, and in the spirit of reducing impediments to housing production by not imposing additional regulatory requirements and fees. Staff reached out to both organizations via email on August 1, 2025 to inform them of the proposed amendments and the continued public hearing date. Both organizations expressed appreciation for the update, and neither has requested a formal meeting or provided additional comments as of the date of publication of this agenda item.

DISCUSSION
Public art amplifies the cultural landscape of a community, offering residents and visitors access to artistic expressions that reflect local values, history, and identity and offer notable community

benefits. It contributes to the visual appeal of a city, transforming ordinary spaces into visually engaging, shared spaces where people can interact. Public art can also boost local businesses by drawing tourists and encouraging people to spend more time in the area. It can serve as an educational tool, offering opportunities for learning about different artistic styles, cultural histories, and social issues. Engaging with art can positively impact mental well-being, providing inspiration, relaxation, and a sense of connection to something greater.

Based on interest from the Civic Arts Commission and the City Council, staff has researched “percent for art” programs in Dublin, Livermore, and San Ramon as a tool to fund and expand public art in Pleasanton. The information gathered is presented below, along with the staff’s recommendation for adopting a similar program in Pleasanton.

While any public art contribution will ideally be structured in a manner that is financially feasible for projects to implement, per guidance from economic and financial consulting firm Economic and Planning Systems (EPS), there is no nexus study requirement for a public art contribution or related in-lieu fee, and the contribution can be adopted by ordinance, with In-Lieu fees adopted through a resolution to update the City’s Master Fee Schedule.

Review of Comparison Cities
In conversations with staff from the Cities of Dublin, Livermore, and San Ramon, all three spoke positively about their programs. Though each City structures and runs its program slightly differently, common elements include the collection of an In-Lieu fee for public art based on a percentage of construction valuation; the option to provide on-site public art, subject to specified criteria, to meet the program's requirements; and exemptions for certain types of projects.

City Dublin Livermore San Ramon
Fee
Equivalent • 0.5% of the
construction
value for non-
residential
buildings over
50,000 sq feet
and residential
of more than 20
units

• 0.45% for non-
residential
buildings less
than 50,000 sq
feet.

• Not less than the
program
allocation
amount for the
acquisition and
installation of
public art in the
private
development
project. The
amount is
determined by
the Building
Official.
• 1% of the construction
valuation, as determined
by the Building Official,
for new residential and
commercial development
• 0.5% of the construction
valuation, as determined
by the Building Official
for new residential and
commercial development
additions/alterations to
existing residential and
commercial
development.

Exemptions
• Low-income
housing
facilities that
serve non-
profits
• Residential
projects of less
than 20 units.

• Remodeling,
repairing, or
reconstructing
structures
damaged by fire,
flood, etc.
• Below-market-
rate housing
units.
• Residential development
of less than 10 units
• Additions/alterations of
an existing commercial
development less than
one million dollars in
building code valuation.

Recommendations
Public art projects and programs are complex efforts that involve many stakeholders and staff to create a program that works best for the community. Developing clear expectations, ordinances, and guidelines around the scope and purpose of the program is important, as is developing guidance for program administration, criteria for what qualifies as a bona fide public art installation on private property, and allowable use/purpose of funds collected. With this in mind and based on feedback from other local jurisdictions, staff recommends:
• Adopting an ordinance adding a new chapter 13.20 to Title 13 of the PMC establishing a public art contribution requirement for non-residential development • Adopt a resolution updating the City’s Master Fee Schedule to add a public art contribution In-Lieu fee.

As noted in the background discussion, above, it is recommended the ordinance only apply to non-residential development.

Development Projects Subject to Public Art Contribution:
• All new non-residential development equal to or greater than 5,000 sq. ft. • Non-residential building alterations equal to or greater than 5,000 sq. ft. • A project, other than residential, involving the alteration of an existing structure or structures where the value of the construction would exceed $1,000,000.

Development Projects Not Subject to Public Art Contribution:
• All residential projects, including condominium conversions • Child Care Facilities as defined in PMC 17.38.020
• Buildings and facilities used exclusively by nonprofit agencies and institutions exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 to provide social services to the general public
• Buildings and facilities used exclusively for religious purposes as defined in the California Revenue and Taxation Code Section 207
• Street or sidewalk repairs
• Tree planting or median landscaping

• Remodeling, repair, or reconstruction of a structure damaged by fire, flooding, wind, earthquake, or other calamity.

The Civic Arts Commission recommended adding public school districts to the list of exemptions.

However, public school properties are not subject to City Zoning requirements. They are subject to the Division of the State Architect, and thus not generally subject to City codes and ordinances.

The Civic Arts Commission also received a recommendation that included limited residential development projects within the scope of the ordinance. As noted, all residential projects have been removed from this recommendation as non-residential projects differ from residential projects in their purpose, scope, and regulatory requirements, and generally provide greater access to the public than residential projects.

Public Art Contribution:
• On-Site Public Art. The developer shall acquire and install a public art project on or in the vicinity of the development site. The value of the public art project shall equal or exceed one half percent (0.5%) of the development project’s permit valuation amount (exclusive of land). As these pieces will be on private property and the owner will be responsible for ongoing maintenance.

The Commission shall review and make recommendation to City Council regarding any public art which is proposed as part of a development.

In-Lieu Fee

As an alternative to the contribution requirement, a developer may pay an in-lieu fee. The in-lieu fee shall be established and adopted by the City Council from time to time by resolution.

As a companion action to adoption of the Ordinance, the City Council is requested to approve a resolution, amending the Master Fee Schedule (MFS) to reflect the in-lieu fee, adding the following to “Section II. Planning Division” of the MFS.

F. ART CONTRIBUTION IN-LIEU FEE

Non-residential developments equal to or more
than 50,000 square feet

0.5% of the development project’s permit
valuation
Non-residential developments more than 5,000
square feet but less than 50,000 square feet

0.45% of the development project’s permit
valuation

*Note: The in-lieu fee shall be paid at building permit issuance, using the permit valuation number as calculated or verified by the Chief Building Official to determine costs.

Use of Public Art Contribution In-Lieu Fee

Monies from the public art contribution In-Lieu fee would fund the following portions of public art as defined by PMC 13.16:
• Acquisition
• Installation
• Restoration and maintenance.

No more than 10% for the administration of the public art program.

Having a broad range of uses for the funding, related to public art, will complement the Another H.A.P.P.Y. fund. One of the largest challenges to using the Another H.A.P.P.Y. fund has been identifying funding sources for installation and the long-term maintenance of new art pieces.

Based upon feedback from the City Council on August 20, 2024, the original staff recommendation included education and programming as an allowable use of the public art contribution in-lieu fee. At the March 3, 2025 Civic Arts Commission meeting, commissioners expressed concern and voted to remove education and programming from the recommendation to City Council. Concerns included that education and programming were overly vague, allowing the funding to be redirected from public art, which is the primary focus.

Additionally, the Civic Arts Commission requested a fund balance update for the Public Art Contribution In-Lieu Fee to the commission at both the mid-year and mid-term budget cycles.

Next Steps
• Implement a public art plan, with the assistance of the Commission, to guide the expansion and management of public art throughout the City
• Update PMC 13.16 to clarify the public art process.

EQUITY AND SUSTAINABILITY
The public art contribution and alternate in-lieu fee will provide a sustainable funding source for public art acquisition, installation, and restoration in the City of Pleasanton.

OUTREACH
On August 21, 2023, the Civic Arts Commission held a special meeting to approve a letter requesting the City Council adopt a public art contribution program. A Special Workshop of the City Council was held on August 20, 2024. This item was presented in a public hearing to the Civic Arts Commission on March 3, 2025.

STRATEGIC PLAN ALIGNMENT
The proposed amendments to the PMC and the updates to the City’s Master Fee Schedule advance the ONE Pleasanton Strategic Plan Goals:
• Goal A: Funding our Future to support financial health and sound fiscal policies through long-term planning, cost recovery, and cost containment • Goal C: Investing in Our Environment – Strategy 7 to continue to invest in parks, bicycle

and pedestrian infrastructure, and public art to improve traffic safety, promote climate resilience, and increase access to cultural and recreational opportunities.

FISCAL IMPACT
The financial impact will depend upon the level of development within the City and the number of developments that opt to install public art versus paying the alternative in-lieu fee. The overall impact is expected to be positive.

Prepared by: Submitted by: Approved by:

Heidi Murphy, Director of
Library and Recreation
Ellen Clark, Director of Community and
Economic Development

Gerry Beaudin, City
Manager

Attachments:

1. Public Art Ordinance

2. Public Art Resolution

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING A NEW CHAPTER 13.20 TO TITLE 13, PUBLIC ART CONTRIBUTION TO THE

MUNICIPAL CODE OF THE CITY OF PLEASANTON
WHEREA
S, public art amplifies the cultural landscape of a community, offering City residents and visitors access to artistic expressions that reflect City values, history, and identity; and WHEREA
S, there is a community interest in expanding and supporting the existing and future body of public art in the City of Pleasanton within non-residential sites, including providing funding for the acquisition, installation, maintenance, and other supporting activities to sustain the inventory of public art; and
WHEREA
S, on August 20, 2024, the City Council of the City of Pleasanton provided direction to City staff to further explore a public art contribution requirement for the City of Pleasanton; and WHEREA
S, on March 3, 2025, the Civic Arts Commission of the City of Pleasanton received information on similar art contribution programs and provided feedback to City of Pleasanton’s proposed art contribution program; and
WHEREA
S, an addition to the Pleasanton Municipal Code is necessary to require a public art contribution for non-residential projects.

NOW,

THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:

SECTI
ON 1. Chapter 13.20 to Title 13 of the City of Pleasanton’s Municipal Code is hereby added as set forth in the attached Exhibit A.

SECTI
ON 2. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.

SECTION 3. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.

SECTI
ON 4. This ordinance shall be effective thirty (30) days after its passage and adoption.

The foregoi
ng Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on August 19, 2025 by the following vote:

Ayes:

N
oes:

Absent:

Abstain:
______________________________
Jack Balch, Mayo
r
ATTACHMENT 1
ORDINANCE NO.

Ordinance No.

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

Dated: ______________________

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

Chapter 13.20: PUBLIC ART CONTRIBUTION

§13.20.010 Purpose.

The purpose of this chapter is to improve and expand the inventory of public art within the City of Pleasanton. It is the intention of this chapter to establish an art contribution or fee alternative requirement for the purposes of promoting public art in private and public developments to foster creativity, engender civic pride, encourage a sense of community, and enrich cultural identity in the lives of City residents.

§13.20.020 Definitions.

A. “Alteration” means the rehabilitation, addition, or expansion of 5,000 square feet or more of an existing building involving significant exterior modifications including changes to rooflines, trim, and materials.

B. “Artist” means a person who has an established reputation of artistic excellence in the visual, performance, literary and/or media arts, as judged by peers, through a record of exhibitions, public commissions, sale of artworks, and/or educational attainment.

C. “Artwork” means all forms of art created by an artist and conceived in any discipline or medium, including visual, performance, literary, media and temporary works.

D. “City of Pleasanton public art collection” or “city collection” means all artworks owned by the City of Pleasanton or installed on city-owned property.

E. “Commission” means the group identified by City Council to provide recommendations on public art.

F. “Development project” means any development which requires the issuance of a building permit by the City of Pleasanton.

G. “Deaccession” means the procedure for the removal of artwork.

H. “Director” means the Director of Community Development or his or her designee.

I. “Final construction or alteration costs” means the actual cost to build a new structure or alter an existing structure as demonstrated by the final project cost accounting or "guaranteed maximum price" in a general contract agreement between an architect, contractor and property owner including any change orders, modifications or amendments at the end of a project. The final construction costs will be verified with a declaration and signatures from all parties stating the amount is accurate.

J. "Maintenance" means actions taken to retard or prevent damage to artwork by control of the environment and/or treatment of the artwork on a routine and long-term basis.

Ordinance No.

K. “Preliminary construction or alteration costs” means the estimated cost of construction or alteration cost as determined by the City’s Building Official.

L. "Public art" means original visual works of art as defined in section 13.16.030 of the Pleasanton Municipal Code

M. "Public place" means any exterior area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area will be clearly visible from adjacent city-owned property, such as a street, sidewalk, park or plaza.

N. “Value of artwork” means the total cost of design, manufacture, and installation.

In the case of an artwork installed on city-owned property, the cost of artwork will include an endowment for the long-term maintenance of the artwork. The cost of artwork does not include the artist’s attendance at committee meetings and transportation of the art.

§13.20.030 Contribution Requirement.

A. Public art shall be installed as a condition of approval for the construction or alteration of all new non-residential development equal or greater than 5,000 square feet and any non-residential project involving the alteration of an existing structure or structures where the value of the construction would exceed $1,000,000.

B. The public art contribution requirement shall not apply to the following development projects or activities:

1. Residential projects

2. Tenant improvement projects.

3. Childcare facilities as defined in 17.38.020 of the Pleasanton Municipal Code.

4. Buildings and facilities used exclusively by nonprofit agencies and institutions exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 to provide social services to the general public.

5. Buildings and facilities used exclusively for religious purposes as defined in the California Revenue and Taxation Code, Section 207.

6. Condominium conversion projects.

7. Underground public works projects.

8. Street or sidewalk repairs.

9. Tree planting or median landscaping.

10. Remodeling, repair or reconstruction of a structure damaged by fire, flooding, wind, earthquake, or other calamity.

Ordinance No.

C. The value of the artwork will be an amount not less than one-half of one percent (0.5%) of the development project’s permit valuation (exclusive of land).

§13.20.040 In-lieu Fee.

As an alternative to the contribution requirement contained in section 13.20.030, a developer may pay an in-lieu fee. The in-lieu fee shall be established and adopted by the city council from time to time by resolution.

§13.20.050 Criteria.

A. Public art shall be subject to the following criteria:

1. No unpermitted obstruction or encroachment in the public right of way shall be permitted.

2. The materials used for the public art shall be structurally sound and weather resistant.

B. The following may not be used to satisfy the contribution requirement contained in section 13.20.030:

1. Art objects which are mass-produced from a standard design;

2. Reproductions of original artworks;

3. Decorative, ornamental, or functional elements including details and fenestration of a building which are designed by the project architect as opposed to an artist commissioned for the purpose of creating the artwork; or

4. Landscape architecture and landscape.

C. Unless given prior approval from the Director of Community Development installation of public art shall be on or within the project site.

§13.20.060 Approval Process.

A. Application. An applicant seeking approval of a project subject to the requirements of this chapter shall submit a public art application, as established by the city council, to the planning department, generally at the same time as the application for planning approval, or in instances where no planning approval is required, at the time of building permit.

The application will include the preliminary construction and alteration cost of the project, a description of the proposed public art, budget for design, fabrication, transportation, and installation, resume of the artist, and a maintenance program and budget.

Ordinance No.

B. Review.

2. Applications shall be reviewed by the Commission. In reviewing applications, the Commission shall consider the following criteria:

a. Quality. The foremost consideration will be the quality of the proposed artwork as assessed by the critical review of the Commission. The reputation and/or promise of the artist may also be key considerations.

b. Relationship to the collection and to the community. The proposed artwork will be analyzed for its potential relationship to the city’s present collection and the requirements of this chapter.

c. Compatibility. Conceptual compatibility and appropriateness of the proposed artwork to the surrounding built and/or natural environment will be factors for consideration, and will include scale, form, content, and design.

d. Materials, fabrication and installation. The Commission shall evaluate the existing artwork’s material or the artist’s proposed materials and their appropriateness as regards to structural and surface integrity, protection against theft, vandalism, public safety, weathering, and an analysis of long-term maintenance needs. The Commission will also evaluate the proposed method of installation and an evaluation of safety and structural factors involved in the installation.

C. Agreement. Prior to issuance of a building permit, the applicant shall enter into an agreement with the city to either install the approved public art or pay the in-lieu fee.

Applicants are required to either pay the in-lieu fee or install the public art project prior to the issuance of a certificate of occupancy.

D. Deaccession. The alteration or removal of public art or public art that was installed as a requirement of this chapter will be subject to the provisions of 13.20.070 (Deaccession).

§13.20.070 Deaccession.

A. Public art on private property. Public art that was installed as a requirement of this chapter will not be removed or altered unless the replacement or alteration is reviewed by the commission and approved by the city council pursuant to this chapter.

Public art in the City collection. In accepting an artwork into its collection, the city will not be bound by any agreement with a project applicant or donor of artwork that restricts the city’s ability to act in the city’s best interests. Nothing in the acceptance of an artwork will prevent the city from approving subsequent disposal (removal, relocation, and/or appropriate sale) of such artwork if it serves the city’s best interest to do so. When disposal is proposed, the committee will review the proposal and make a recommendation to the city council for final action. The city will deaccession and sell or otherwise dispose of artworks in its collection in accordance with the limitations of the California Preservation Act (Civil Code 987) and the Visual Rights Act of 1990 (17 USC 106A and 113(d)).

Ordinance No.

§13.20.080 Public art fund.

A. In-lieu fees for public art and maintenance endowments for public art will be placed in a public art fund as defined by Pleasanton Municipal Code 13.16.030. Use of such funds shall be used as described in Pleasanton Municipal Code 13.16.040.

B. No more than 10% of public art funds collected from in-lieu fees shall be used for the administration of the public art program.

C. The commission will recommend to the city council how the Public Art Fund should be expended.

ATTACHMENT 2

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING AMENDMENTS TO THE MASTER FEE SCHEDULE TO INCLUDE

PUBLIC ART IN-LIEU FEE

WHEREAS, in 2025, the Pleasanton Municipal Code was amended to add Chapter

13.20, which established a public art contribution requirement and an in- lieu fee alternative for new developments;

WHEREAS, the existing Master Fee Schedule does not include a n in -lieu fee alternative to the City’s public art contribution requirement; and

WHEREAS, such amendment to the Master Fee Schedule is necessary to provide developers an in-lieu fee alternative as described in Pleasanton Municipal Code 13.20.

NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. The Master Fee Schedule is amended as follows:

The following section is added to “II. PLANNING DIVISION” as follows:

F. ART CONTRIBUTION IN-LIEU FEE

Non-residential developments
equal to or more than 50,000
square feet

0.5% of development project’s permit
valuation

Non-residential developments
more than 5,000 square feet but
less than 50,000 square feet

0.45% of development project’s permit
valuation

SECTION 2. City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

Resolution No.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on August 19, 2025.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on August 19, 2025 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

__________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

_______________________________
Daniel G. Sodergren, City Attorney

Item #12

CITY COUNCIL AGENDA REPORT

August 19, 2025
Police

TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO A FIVE-YEAR AGREEMENT WITH AXON ENTERPRISE, INC. IN THE AMOUNT OF $1,724,652 FOR A

SERVICE PACKAGE FOR BODY-WORN CAMERAS, CONDUCTED ENERGY DEVICES (I.E. TASERS), AND ELECTRONIC EVIDENCE STORAGE

SUMMARY
Staff is requesting approval to enter into an agreement with Axon Enterprise, Inc. to provide the most current technology in police body-worn cameras (BWCs), conducted energy devices (CEDs, or Tasers), and digital evidence storage for a term of five years in the total amount of $1,724,652, inclusive of a ten percent contingency. The City adopted the use of CEDs in 2004 with the purchase of Axon Tasers. Tasers were updated in 2014 and 2020 as technology improved. In 2015, the City entered into an agreement with Axon to provide BWCs and digital evidence storage through Axon’s Evidence.com service. The current agreement expires on November 30, 2025, and the Taser 10 and Axon Body 4 camera, which will be included with the proposed new agreement, offer features that improve safety and effectiveness. The agreement is a comprehensive service package that includes all hardware, operational and analytical software, training, and electronic evidence storage.

RECOMMENDATION

1. Approve and authorize the City Manager to execute a five-year agreement with Axon Enterprise, Inc., in the amount of $1,567,866.

2. Authorize the City Manager to approve and execute amendments to the agreement in the case of changes to the agency’s needs, including but not limited to additional licenses and purchasing updated and new Axon products and services within a contingency amount not to exceed $156,786 (approximately ten percent of the total five- year agreement amount).

BACKGROUND
In 2004, the City purchased Tasers for uniformed patrol officers. Taser is a brand of conducted energy devices (CEDs) manufactured and sold by Axon Enterprise, Inc. A CED (Taser) uses high-voltage but low-amperage electricity to temporarily incapacitate a resisting suspect and provide an opportunity to place the suspect in handcuffs. The purpose of a CED is to provide an additional tool so officers may avoid resorting to higher levels of force.

In 2015, the City reviewed several brands of body-worn cameras (BWCs) and determined Axon’s was the most suitable and comprehensive solution for video evidence and quality. The City purchased Axon BWCs and required officers to wear and activate their BWCs during interactions with the public. The City also entered into an agreement with Axon to use their digital evidence storage service, known as Evidence.com, to store video files and other digital

evidence. Evidence.com allows video evidence to be automatically uploaded to a secure server at the end of an officer’s shift. The data can be labeled and securely shared with supervisors, investigators, and prosecutors while leaving an audit trail of who views each video.

In 2020, the City renewed its agreement with Axon and upgraded to the Taser 7 and the Axon Body 3 cameras. The City’s current agreement with Axon expires on November 30, 2025.

DISCUSSION
Axon provides Tasers, a BWC system, evidence retention software, training, and supporting software in a package that includes support, replacement, and maintenance for five years. The most current hardware models offered by Axon and included in the proposed agreement include the Taser 10 and the Axon Body 4 camera, which feature enhanced features while retaining desired functionality from previous models.

Taser 10
The City currently uses the Axon Taser 7 as its CED. Tasers are loaded with single-use cartridges which, when deployed, launch two probes simultaneously. The updated Taser 10 included in the proposed agreement features a redesigned cartridge that fires one probe at a time and carries a total of ten probes. This gives the officer the ability to fire the probes more precisely and provides eight additional opportunities to secure a connection before needing to replace the Taser cartridge. This improves the likelihood of a successful CED deployment. The renewed Axon contract includes updated training resources and an allotment of training cartridges. Officers will need to be trained in the new features of the Taser 10. Pleasanton Police Department Policy Manual Section 309 addresses the use of CEDs/ Tasers (Attachment 1).

Taser Use Statistics
The City tracks the deployment of CEDs (Tasers). The following shows Taser deployments for the past five years:

Year Taser Deployed
2020 3
2021 3
2022 0
2023 3
2024 3
Total 12

Body 4 Camera System
The City currently uses the Axon Body 3 BWC. The Body 4 BWC is the newest model with improved real-time communication capabilities, a wider field of view, better image quality, and extended battery life. Features currently used include automatic uploading and “tagging” of BWC footage, automatic activation of BWCs when Tasers are activated, firearms are drawn from officers’ holsters, or the BWCs believe they hear a gunshot. Automatic activation of a

BWC captures 30 seconds prior to the activation. The Body 4 camera wirelessly communicates with the Taser 10 and a magnetic accessory attached to officers’ holsters, aiming to reduce the occurrence of failed activations during critical incidents.. Axon Signal automatically activates an officer’s BWC and any Axon BWCs within 30 feet of the officer when any of the following occur:

1. The officer’s Taser is activated.

2. The officer’s firearm is drawn from its holster.

3. The sound of a gunshot is detected.

Axon’s BWCs constantly buffer 30 seconds of video recording. Any of the above conditions will cause the BWC to activate and capture video beginning 30 seconds before the activation. It also logs what caused the activation and can notify supervisors in real time. This technology works to reduce human error in BWC activations while improving officer video capture rates and public trust. Pleasanton Police Department Policy Manual Section 450 outlines the use of BWCs by officers and professional staff assigned to field operations (Attachment 2).

Evidence.com and Supporting Software
The City uses Axon’s Evidence.com database to securely store and track the enormous amount of data generated from BWCs. It also serves as a central location to store and track all other forms of digital evidence collected during police investigations (security footage, crime scene photographs, recorded interviews, etc.). The system creates an audit trail that documents who has viewed a piece of evidence. It facilitates the secure sharing of data with the District Attorney’s Office, defense attorneys, and other law enforcement agencies and complies with strict state and federal regulations concerning Criminal Justice Information Systems. The system also allows officers to provide victims and witnesses with links to upload video footage associated with an investigation directly. This saves time and improves the timeliness and security of digital evidence collection.

EQUITY AND SUSTAINABILITY
Ensuring the use of current police technology, with corresponding departmental policies and training, enhances community safety.

OUTREACH
No outreach was conducted.

STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton strategic goal of Safeguarding our City and Strategy 5 to implement high-priority items from the 2023-2027 Pleasanton Police Department Strategic Plan.

FISCAL IMPACT
The anticipated expenditure for this agreement is $1,567,866 over the five-year period and contingency funds not to exceed $156,786 (approximately 10 percent of the total five-year agreement) for a total of $1,724,652. The Police Department’s approved General Fund budget for FY 2025-2026 and FY 2026-2027 has sufficient funds in 00122100-433155 for this agreement with Axon Enterprises, Inc., which totals $313,573 for each year of the agreement.

Prepared by: Submitted by: Approved by:

Brandon Stocking Tracy Avelar, Police Chief

Gerry Beaudin, City
Manager

Attachments:

1. Pleasanton Police Department Policy Manual - Policy 309 Conducted Energy Weapon

2. Pleasanton Police Department Policy Manual - Policy 450 Body Worn Camera Systems

3. Axon Enterprise, Inc. Agreement

4. Axon Enterprise, Inc. Quote

Policy
309
Pleasanton Police Department
Pleasanton PD Policy Manual
Conducted Energy Weapon
309.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of Conducted Energy Weapons. 309.2 POLICY
The Conducted Energy Weapon is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects.
309.3 ISSUANCE AND CARRYING CONDUCTED ENERGY DEVICES
Only members who have successfully completed department-approved training may be issued and carry the Conducted Energy Weapon.

Conducted Energy Weapons are issued for use during a member’s current assignment. Those leaving a particular assignment may be required to return the device to the department’s inventory.

Officers shall only use the Conducted Energy Weapon and cartridges that have been issued by the Department. Uniformed officers who have been issued the Conducted Energy Weapon shall wear the device in an approved holster on their person.

Officers shall only use the TASER and cartridges that have been issued by the Department.

The TASER shall be carried as part of a uniformed officer's equipment in an approved holster.

In situations where a holster is impractical officers must seek supervisory approval to carry the TASER in such a manner that it is readily accessible at all times.

Members carrying the Conducted Energy Weapon should perform a function test on the unit prior to every shift.

When carried while in uniform officers shall carry the Conducted Energy Weapon in a weak-side holster on the side opposite the duty weapon or in a cross-draw holster (handle of the CEW facing forward) in front of the duty weapon.
(a) All Conducted Energy Weapons shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device.
(b) Whenever practicable, officers should carry two or more cartridges on their person when carrying the Conducted Energy Weapon.
(c) Officers shall be responsible for ensuring that their issued Conducted Energy Weapon is properly maintained and in good working order.
(d) Officers should not hold both a firearm and the Conducted Energy Weapon at the same time.
309.4 VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the Conducted Energy Weapon should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to:

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Pleasanton Police Department
Pleasanton PD Policy Manual
Conducted Energy Weapon
(a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the Conducted Energy Weapon may be deployed.

If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, display the electrical arc, or the laser(s) in a further attempt to gain compliance prior to the application of the Conducted Energy Weapon. The aiming lasers should never be intentionally directed into the eyes of another as it may permanently impair his/her vision.

The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the Conducted Energy Weapon in the related report. 309.5 USE OF THE CONDUCTED ENERGY WEAPON
The Conducted Energy Weapon has limitations and restrictions requiring consideration before its use. The Conducted Energy Weapon should only be used when its operator can safely approach the subject within the operational range of the device. Although the Conducted Energy Weapon is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 309.5.1 APPLICATION OF THE CONDUCTED ENERGY WEAPON
The Conducted Energy Weapon may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:
(a) The subject is violent or is physically resisting.
(b) The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others.

Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the Conducted Energy Weapon to apprehend an individual. 309.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the Conducted Energy Weapon on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device.

This includes:
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained.

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Pleasanton Police Department
Pleasanton PD Policy Manual
Conducted Energy Weapon
(e) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles).

Because the application of the Conducted Energy Weapon in the drive-stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions.

The Conducted Energy Weapon shall not be used to psychologically torment, elicit statements or to punish any individual.
309.5.3 TARGETING CONSIDERATIONS
Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the Conducted Energy Weapon probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 309.5.4 MULTIPLE APPLICATIONS OF THE CONDUCTED ENERGY WEAPON Officers should apply the Conducted Energy Weapon for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the Conducted Energy Weapon against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications.

If the first application of the Conducted Energy Weapon appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the Conducted Energy Weapon, including:
(a) Whether the probes are making proper contact.
(b) Whether the individual has the ability and has been given a reasonable opportunity to comply.
(c) Whether verbal commands, other options or tactics may be more effective.

Officers should generally not intentionally apply more than one Conducted Energy Weapon at a time against a single subject.
309.5.5 ACTIONS FOLLOWING DEPLOYMENTS
Officers shall notify a supervisor of all Conducted Energy Weapon discharges. The expended cartridge, along with both probes and wire, should be submitted into evidence. The cartridge serial Copyright Lexipol, LLC 2025/06/10, All Rights Reserved.

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Pleasanton Police Department
Pleasanton PD Policy Manual
Conducted Energy Weapon
number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject’s skin. 309.5.6 DANGEROUS ANIMALS
The Conducted Energy Weapon may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective.
309.5.7 OFF-DUTY CONSIDERATIONS
Officers are not authorized to carry department Conducted Energy Weapons while off-duty.

Officers shall ensure that Conducted Energy Weapons are secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. 309.6 DOCUMENTATION
Officers shall document all Conducted Energy Weapon discharges in the related arrest/crime report and the Conducted Energy Weapon report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser activation and arcing the device will also be documented on the report form.
309.6.1 CONDUCTED ENERGY WEAPON USE FORM
Items that shall be included in the Conducted Energy Weapon report form are:
(a) The type and brand of Conducted Energy Weapon and cartridge and cartridge serial number.
(b) Date, time and location of the incident.
(c) Whether any display, laser or arc deterred a subject and gained compliance. (d) The number of Conducted Energy Weapon activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications.
(e) The range at which the Conducted Energy Weapon was used. (f) The type of mode used (probe or drive-stun).
(g) Location of any probe impact.
(h) Location of contact in drive-stun mode.
(i) Description of where missed probes went.
(j) Whether medical care was provided to the subject.
(k) Whether the subject sustained any injuries.
(l) Whether any officers sustained any injuries.

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The Professional Standards Unit Supervisor should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Professional Standards Unit Supervisor should also conduct audits of data downloads and reconcile Conducted Energy Weapon report forms with recorded activations. Conducted Energy Weapon information and statistics, with identifying information removed, should periodically be made available to the public. 309.6.2 REPORTS
The officer should include the following in the arrest/crime report:
(a) Identification of all personnel firing Conducted Energy Weapons (b) Identification of all witnesses
(c) Medical care provided to the subject
(d) Observations of the subject’s physical and physiological actions (e) Any known or suspected drug use, intoxication or other medical problems 309.7 MEDICAL TREATMENT
Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove Conducted Energy Weapon probes from a person’s body. Used Conducted Energy Weapon probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken.

All persons who have been struck by Conducted Energy Weapon probes or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking.

Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel:
(a) The person is suspected of being under the influence of controlled substances and/ or alcohol.
(b) The person may be pregnant.
(c) The person reasonably appears to be in need of medical attention. (d) The Conducted Energy Weapon probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck).
(e) The person requests medical treatment.

Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible.

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The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the Conducted Energy Weapon. 309.8 SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the Conducted Energy Weapon may be used. A supervisor should respond to all incidents where the Conducted Energy Weapon was activated.

A supervisor shall review each incident where a person has been exposed to an activation of the Conducted Energy Weapon. The device’s onboard memory should be downloaded through the data port by Personnel and Training or a supervisor and saved with the related arrest/crime report.

Photographs of probe sites should be taken and witnesses interviewed. 309.9 TRAINING
Personnel who are authorized to carry the Conducted Energy Weapon shall be permitted to do so only after successfully completing the initial department-approved training.

Proficiency training for personnel who have been issued Conducted Energy Weapons should occur every year. A reassessment of an officer’s knowledge and/or practical skill may be required at any time if deemed appropriate by the Professional Standards Unit Supervisor. All training and proficiency for Conducted Energy Weapons will be documented in the officer’s training file.

Command staff, supervisors and investigators should receive Conducted Energy Weapon training as appropriate for the investigations they conduct and review.

Officers who do not carry Conducted Energy Weapons should receive training that is sufficient to familiarize them with the device and with working with officers who use the device.

The Professional Standards Unit Supervisor is responsible for ensuring that all members who carry Conducted Energy Weapons have received initial and annual proficiency training. Periodic audits should be used for verification.

Application of Conducted Energy Weapons during training could result in injury to personnel and should not be mandatory for certification.

The Professional Standards Unit Supervisor should ensure that all training includes:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing weak-hand draws or cross-draws to reduce the possibility of unintentionally drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the unintentional application of probes near the head, neck, chest and groin. (e) Handcuffing a subject during the application of the Conducted Energy Weapon and transitioning to other force options.
(f) De-escalation techniques.

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(g) Restraint techniques that do not impair respiration following the application of the Conducted Energy Weapon.
309.10 DATAPORT TRACKING
The Personnel and Training Unit will be responsible for dataport tracking of all assigned Tasers and shall be responsible for:
(a) Performing random audit downloads of department issued TASERS. The audit will also consist of the functioning of the device as well as testing and checking for abuse of the TASER.
(b) When informed of a TASER discharge.

1. Download the discharge memory of the involved TASER for record keeping which will serve as a supplemental report.

2. If there is a significant difference between the download data and the reported time the device was applied, the department designee shall advise the officer's watch commander of any discrepancies.
(c) Maintaining a log of all TASER discharges on a yearly basis.

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450.1 PURPOSE AND SCOPE
This policy provides guidelines for the implementation of audio and video recording of field activity through the use of Body Worn Camera Systems (BWCS), by members of the Department while in the performance of their official law enforcement duties. The primary use of BWCS is intended to assist and enhance the mission of the Department by providing documentary evidence for use in criminal investigations, prosecutions, internal or administrative personnel investigations, civil claims and litigation, and any other evidentiary-based hearings in which the Pleasanton Police Department members are called upon to provide evidence and/or testimony regarding events that occurred during the course and scope of their law enforcement duties. 450.2 POLICY
The Pleasanton Police Department will issue BWCs to Community Service Officers, Animal Service Officers, Reserve Officers, Regular full-time Sworn Officers, Sergeants, Lieutenants, Captains, and the Police Chief to use during the performance of their duties. This policy is intended to provide users with guidance on when and how to use BWCs so that users may accurately and reliably record their contacts with the public.
450.3 DEFINITIONS
Axon Capture
–A mobile device application that sends digital evidence to Evidence.com from the field. Axon Capture uses smartphone capabilities to import photo, video, and audio recordings directly into Evidence.com.

Axon Performance -Automates body-worn camera policy reviews by authorized agency users.

Axon Respond -Supports live video streaming from the Body 3 camera and map-based location tracking via Evidence.com.

Axon Signal Technology -Activates Axon cameras within 30 feet and initiates a BWC recording through Bluetooth technology.

Signal in Taser 7 - Activates cameras when Taser 7 is armed, trigger is pulled, or arc is engaged.

Signal Sidearm
- Activates cameras when an officer’s firearm is removed from their holster.

Axon View –Allows officers to view a list of all videos stored on the device in order to review and add associated metadata.

Body Worn Camera (BWC) – A camera worn on the user’s person that records and stores audio and video.

Buffering Mode
– When the BWC is on but has not been activated to record both sound and video, the camera is in the “buffering” mode. While in the buffering mode, the BWC will continuously record only video (not audio) in 30 second loops.

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BWC Program Administrator – The department employee responsible for implementing and managing the BWC program and providing training to users. The BWC Program Administrator will have full access to user rights and sets user access and parameters.

Digital Evidence
– BWC files, including photographs, audio and video recordings, captured by a BWC and stored digitally.

Event Mode
– When the “Event” mode button on the BWC is activated, the camera records both audio and video. The buffered video (not audio) captured directly before the event (30 seconds prior to activation) will also be saved and attached to the event in permanent memory.

Evidence.com -On-line web-based media storage facility which stores digitally encrypted video recordings, accessible to authorized personnel, based on their need to access, which also maintains an audit trail of user activity.

Livestream– When a user’s camera is activated and recording, an authorized user may view that BWC footage in real-time via Evidence.com. Members whose BWC footage is being livestreamed will be notified immediately on the BWC LCD display and through a vibration notification (unless Stealth Mode is enabled). Cameras that are not activated are unable to have their footage livestreamed.

Metadata
– Case numbers, event numbers, and other descriptors used to identify digital evidence via the annotation process.

Officer
– All regular full-time uniformed sworn officers and reserve part-time volunteer officers are considered officers for the purposes of this policy. Both sworn officers and reserve officers will be issued BWCs.

Public Records Act – The California Public Records Act gives the public the right to access records that are in the possession of public agencies, subject to certain statutory exemptions from disclosure.

Sleep Mode - Puts the camera in an idle state that disables recording and buffering. While in this state, Signal automatic activation will not initiate camera recording.

Stealth Mode
– Pressing and holding the volume down button for approximately three seconds to cease LED light, display screen backlight, sounds, and vibration notifications on a member’s BWC Supervisor
– Any sworn department member at the rank of sergeant or above.

User – Any employee who is issued a BWC.
450.4 CAMERA ADMINISTRATION
(a) While in uniform and performing duties which will place them in contact with the public, users who have been issued a camera shall wear their department issued BWC. (b) Any non-uniformed officers or supervisors may wear a department issued BWC if the user believes such a device is useful in the performance of their duties. (c) BWCs shall be worn above the midline of the torso.

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(d) When donning their BWC, users should utilize their smart phone BWC application to ensure their BWC is mounted in a position where the field of view is effective for recording. (e) The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of PPD. (f) BWC equipment is the responsibility of individual users and shall be used with reasonable care to ensure proper functioning. Users shall inspect and test the BWC prior to each shift in order to verify proper functioning. Equipment malfunctions shall be brought to the attention of a Supervisor as soon as possible so that a replacement unit can be issued. Users will complete an equipment request form for the malfunctioning BWC and deliver the unit and the form to the BWC Program Administrator. (g) Users shall not remove, dismantle, or tamper with any hardware or software component or part of the BWC.
(h) Users should upload all video from their BWC with appropriate metadata annotation daily by the end of their shift. Officers shall obtain supervisor approval if the BWC upload cannot take place by the end of an Officer’s shift.
(i) Users shall not edit, alter, or erase BWC recordings. 450.5 ACTIVATION OF THE BODY WORN CAMERA SYSTEM
This policy is not intended to describe every possible circumstance in which the BWCS should be used, however, it should be used when the officer or Supervisor reasonably determines that it would be appropriate and/or valuable to the documentation of a law enforcement related incident.

Unless it is not safe or practical to do so, or mechanical issues or other logistical or operational considerations are present, as determined by a Supervisor, members shall make every effort to activate their BWCS prior to making contact with members of the public, or as soon as reasonably possible under the circumstances in any of the following types of incidents. a. Law enforcement and investigative activities including, but not limited to, dispatched calls for service (upon arrival on scene), response to calls for back-up, self-initiated enforcement stops (including but not limited to traffic and pedestrian violations, stranded motorist assistance, and crime interdiction stops), consensual encounters, field interview, investigative detentions, and arrests;
b. probation and parole searches;
c. service of search and arrest warrants
d. gang enforcement activities;
e. vehicle pursuits;
f. K9 deployments, (i.e., cover officers, perimeter officers, etc.); g. prisoner transport until which time the prisoner has been secured in a holding cell or released from the officer’s custody;
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h. maintaining the peace at a protest or rally;
i. responding Code 3;
j. any other situation where an officer or supervisor reasonably determines that its use would be appropriate or valuable to document an incident or record contact between members of the public and the department.

Members who do not record as required by this policy shall articulate their reason(s) for not utilizing their BWCS in the appropriate CAD entry and/or report and in a memorandum to the Division Commander immediately after the conclusion of the incident, or as soon thereafter as reasonably possible.

It shall be a violation of this policy for a members to intentionally fail to activate the BWCS or terminate the recording in order to commit a violation of the law or any Department Policy.
450.5.1 HOW TO RECORD
(a) Users shall patrol with their BWC in “buffer” mode. While in buffer mode, the BWC will continuously record in 30 second loops. During that 30 second period, only video is being recorded, not audio.
(b) When a user decides to activate their BWC, he or she will place the camera in “event” mode to record the incident. In this mode, both video and audio will be recorded. (c) When the incident is over or the user stops recording for any other reason set forth in this policy, he or she will return the BWC to “buffer” mode or turn off the BWC entirely. 450.5.2 SIGNAL ACTIVATION
The Axon Body 3 Camera includes technology that will activate the camera when in buffering mode upon receiving a signal from a signal sidearm device or a Taser 7 device. A user's BWC will be activated if in buffering mode and it receives a signal from any signal sidearm device or Taser 7 device that is within the range of the BWC. This includes devices issued to the user as well as AXON devices in the range of signal technology. Taser 7 signal technology is activated when the Taser 7 is either armed, trigger is pulled or arc is engaged. Signal sidearm is activated when a sidearm is removed from the holster.
450.5.3 TERMINATION OF BWCS RECORDINGS
Once a BWCS recording has been activated as provided in this Policy, it shall not be terminated until the incident has concluded and no further communication with the participants or witnesses is reasonably anticipated. Recording may also be stopped when the member or Supervisor reasonably determines that there would be no further evidentiary or documentary value in continuing to record an incident. The reasons for termination of recording before the conclusion of an incident shall be articulated in the appropriate CAD entry or report of the incident.

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450.5.4 PROHIBITED USE OF THE BWCS
Members are prohibited from using BWCS to record personal interactions with or between other department members or employees, or members of the public for any personal or non-law enforcement-related purpose.

Members are prohibited from making copies, retaining a copy, or duplicating, or distributing any recordings without the permission of the Division Commander for any purpose that is not related to the member’s official police duties or as required for any criminal, civil or administrative hearing or proceeding (i.e. as requested by the District Attorney, or required for criminal or civil discovery.) Members are prohibited from using personally owned audio or video recording devices during the course and scope of their law enforcement duties, as described herein, except where the member has received the express consent of the Division Commander to use a personally owned device.

Any member who is granted permission to use a personally owned audio or video recorder or any other recording device shall comply with the provisions of this policy relating to usage, retention, documentation, and all disclosure requirements.

It shall be a violation of this policy for a member to use, distribute, or release in any manner, including through any social media forum, any audio or visual recording created by a department- issues BWCS or any other duly authorized recording device for the purpose of embarrassment, intimidation or ridicule of any person(s).
450.5.5 LIVESTREAM AND AXON RESPOND GPS
BWC cameras shall not be activated for live streaming, unless authorized by a member of Command Staff, Watch Commander or a supervisor, and only in the limited instance of assisting in ascertaining the welfare of an employee in the field who is unresponsive on the radio. Attempts to raise the employee on the radio, to include an audible tone, should be made before livestreaming is authorized. Real time notice shall be provided to any involved member when their BWC is activated for live streaming. Supervisors or Command Staff shall not live stream the BWC of another member for purposes not related to operational necessity. A user may request a supervisor to livestream their own BWC video. Livestreaming is authorized for use by the East County Tactical Team upon approval of the Tactical Commander during their operations.

Axon Respond, the map-based location tracking feature, shall be made available to all members of the department. It should only be accessed when there is a need to know, right to know situation.

Supervisors and Watch Commanders may use Axon Respond for situational awareness and for the purposes of locating a member in the field. Dispatch is authorized to display the Axon Respond map in dispatch on one of the large wall mounted monitors. 450.5.6 OFFICER DISCRETION IN BALANCING COMPETING INTERESTS Members are not required to, but may, as provided herein, obtain consent from a private person, when the recording takes place:
a) In a public place.

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b) In a location where there is no reasonable expectation of privacy (i.e., inside a building or dwelling where members are lawfully present and engaged in the performance of official duties).
c) Inside a private residence or location when the member enters the residence pursuant to medical response or exigent circumstances.

Members, in their discretion or as directed by a Supervisor, may advise any person that they are being recorded, if the advisement may gain compliance, assist in the investigation, and will not interfere with the investigation or officer safety. When a private person objects to the use of the BWCS inside a private residence or location not otherwise open to the public, the member may, but is not required to turn off the device as provided herein, when in the member’s reasonable judgement or as directed by a Supervisor, the member is not responding to a crime in progress or determines there is no likelihood of enforcement activity (detention, arrest or search) taking place at the location.

Members may, in their discretion, or as directed by a Supervisor, determine not to record certain types of sensitive or highly private encounters, under the following circumstances (this list is not inclusive and does not include circumstances where there is reasonable suspicion that a crime has been committed, is being committed or will be committed, or there is likelihood of the use of force):
a) Except where specifically related to criminal incident or investigation in any medical facility, including a hospital emergency room, the privacy of patients, including those who are not involved or related to the member’s official duties, hospital personnel and other members of the public who are present should be considered; b) Ambulance response to accident when injured or ill persons are not involved in criminal activity and the nature and circumstances of their condition would not be relevant or necessary to any criminal investigation;
c) While on school grounds or during school hours except where necessary to document or record evidence or witness statements during a criminal investigation; d) During interviews of victims in sensitive cases such as domestic violence, sexual assault or child abuse. (Still photography and audio recording shall still be used.); 450.6 MEMBER RESPONSIBILITIES
The following responsibilities shall be delegated to members in the following assignments:
a) The Personnel and Training Supervisor shall be responsible for resolving equipment malfunctions and/or reporting any deficiencies to the manufacturer for repair; issuing and tracking BWCS equipment to members, and coordinating with Information Technology regarding system/ equipment related issues.
b) Custodian of Records shall be responsible for ensuring that BWCS recordings are retained, reviewed and released in accordance with federal, state, and local statutes and the City of Copyright Lexipol, LLC 2025/06/10, All Rights Reserved.

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Pleasanton and Pleasanton Police Department retention policies; and aiding in the requests to reproduce and/or copy BWCS recordings.
c) Property & Evidence Personnel shall be responsible for producing and distributing copies of BWCS recordings upon request pursuant to this policy.
d) The Program Manager shall have overall management responsibility of the BWCS system to include: providing training to sworn members; preparing regular system evaluations; conducting regular policy review; and coordinating with IT, Operations, Facilities, and Equipment, Custodian of Records, and all other members regarding system/equipment related issues. e) Supervisors shall be responsible for notifying Personnel and Training and the Program Manager, stating the problem or malfunction. If the Program Manager is not available, the supervisor shall notify the on-duty Watch Commander. Supervisors shall not view the BWCS recordings without cause, however, supervisors may conduct periodic audits of the BWCS recordings to verify adherence to this policy and for future training purposes. Supervisors may also review BWCS recordings for purposes such as following up on criminal and/or administrative investigations. During such review supervisors may identify recordings which are appropriate for training purposes. Division Commander authorization is required prior to the release of BWCS recordings for training purposes.
f) Member Responsibility
Members who are assigned a BWCS are responsible for the following:
1) Ensuring the battery is fully charged and operating properly prior to going in the field during any shift in which the BWCS will be used.
2) Immediately reporting unresolved equipment malfunctions or problems to their supervisor.
3) Securing the Axon Flex camera to the head or shoulder area or the Axon Body 3 camera to the front of the uniform shirt to facilitate optimum recording of the field of view. 4) Docking their assigned BWCS at the docking station for automated upload of data files daily, at the end of each shift.
5) Use of the BWCS shall be documented in all reports or other official records of any contact, including when the device was not used and the reasons for not using it, whether it was deactivated and why, and if it malfunctioned in any manner. Reporting requirements shall continue to be followed and “refer to video” should not be used in place of a detailed and thorough report of an incident.
6) When members capture BWCS recordings that could reasonably constitute evidence in a criminal case they shall identify the BWCS files in the database by:
a. Noting the Pleasanton Police Department incident number in the Case ID Field.

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b. Entering a title. The title should include sufficient information to identify the file, such as crime code, suspect name, location, and event.
c. Selecting the appropriate category(s) in the drop down menu. (If there is evidence on the recording, this step is especially crucial to maintain the recording in the database for the appropriate retention period.)
d. The information may be entered via department issued smart phone, Mobile Data Computer, or computer workstation.
e. Document in the related police report, citation, or Field interview card that potential BWCS evidence exists and was downloaded into the online cloud database which is managed by a third party.
7) BWCS recordings placed into the database shall be retained through the final disposition of the related criminal case.
8) In certain criminal or administrative investigations, a copy of the BWCS recording may be made by the assigned investigator and/or Property & Evidence personnel to accompany the investigation.
450.7 OPERATION
While on duty, members are required to keep the BWCS in the “ON” position and in “buffering mode” except for the following circumstances:
• When out of service during an authorized break.
• When inside police department, except where a member is in contact with a member of the public and the contact appears to be escalating to an adversarial situation or conducting investigative activities involving contact with the public (i.e. interviewing victims and/or witnesses).
• While using the restroom.

While “buffering mode” is not actively recording, members are advised that the BWCS will capture 30 seconds of video preceding the activation of the BWCS. Turning off the BWC is not advised for the fact the camera boot procedure takes over 1 minute to turn on the camera. During the above circumstances it is recommended members place the camera in "Sleep" mode. Understanding that while in "Sleep" mode there is no "buffering" or video captured prior to the event button being activated.
450.8 PRIVACY AND OWNERSHIP EXPECTATION
All recordings made by members acting in the course and scope of their duties as a City employee shall remain the property of the Department regardless of whether those recordings were made with department-issued or authorized personally-owned recorders. Members have no expectation of privacy or ownership interest in any such recordings.

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450.9 NON-CRIMINAL MATTER
Whenever members operating BWCS reasonably believe that a recorded contact may be of benefit in a non-criminal matter (i.e., a hostile contact), the officer or supervisor may copy the recorded media onto a disk and shall book the copy into evidence for safekeeping in addition to uploading the file into the database.
450.10 REVIEW OF RECORDED FILES
Although the data captured by the BWCS is not considered Criminal Offender Record Information (CORI), it shall be treated in the same manner as CORI data. All access to the Evidence.com is logged and subject to audit at any time. Members seeking to review BWCS recordings shall log the reason for access in the “Notes” section (access to automatically time/date stamped and records each access by name). Access to the data from the system is permitted on a right to know, need to know basis pursuant to (CCR, Title 11, Division 1, Chapter 7, Article 1, Section 702).

Members may view the audio/video data captured on their BWCS under the following circumstances:
a) For the purpose of completing a criminal investigation and preparing reports. b) Prior to or during preparation for testifying in any deposition, before any court or administrative agency (i.e., DMV, ABC) or for courtroom presentation pursuant to direction of the District Attorney or Department legal counsel or where authorized by the Supervisor. c) For individual training purposes, with the authorization of a supervisor, or by an FTO when providing training to a Trainee.
d) Prior to being interviewed in an internal departmental administrative investigation (i.e., internal affairs investigations) only with the prior approval of the Division Commander, except as required by the Peace Officer Bill of Rights Act (POBRA).
e) Upon request, in order to assist in responding to a public records request. f) Members may not view another member’s BWCS recordings relating to an incident in which they did not personally participate or are actively investigating, without the approval of the Division Commander.
g) For use in social media for the purposes of investigation, community safety or suspect apprehension only with permission of the Division Commander. h) Officers involved in a critical incident (i.e., officer-involved shooting, use of force, in custody death, vehicular collision causing injuries.) may be permitted to review their own BWCS recordings of the incident prior to providing a statement or written report as determined by the Division Commander. There may be instances where permission will not be granted, such as prior to obtaining a public safety statement following a critical incident.

All BWCS records should be reviewed by the Custodian of Records prior to public release.

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violent or graphic scene should not be publically released unless disclosure is required by law or order of the court.
450.11 UNINTENTIONAL RECORDINGS
In the event of an unintentional or inadvertent activation of the BWC in which the resulting recording is not evidence in a criminal case or potential administrative investigation, or when the recording may unreasonably infringe on personal privacy rights, the user who recorded the video may request the recording be deleted. If the recording captured another member of the department, the user shall notify that member of the department of the existence of that video. Either the user or the member of the department who was captured on the BWC recording may submit a written request to his or her Supervisor for the video to be deleted. The request shall contain specific reasons for recommending the deletion of the recording. The Supervisor shall “flag” the video to be deleted and alert the Division Commander of the request. The Division Commander or his or her designee will review the video in a timely manner to ensure that it is appropriate for deletion. If the Division Commander determines the video should be deleted due to personal privacy concerns, the BWC Program Administrator will delete the file and document the deletion for audit purposes.

In the event that an accidentally recorded video is made of a member in a setting, such as a restroom or dressing room, and contains nudity or other potentially private or personal content, the Division Commander shall ensure that the video in question is reviewed by a person of the same sex as the individual featured in the recording. If it is determined that there is private content on the accidental or unintentionally recorded video that does not otherwise contain relevant evidence or information related to a criminal or administrative investigation, the Division Commander shall endure that the video is not viewed by other members and is deleted as soon as possible. The Division Commander shall ensure that the request and approval documentation is uploaded into the online cloud database in place of the recording.

Accidental Signal Activations (e.g., administrative un-holstering without deactivating the Signal Sidearm) should be memorialized verbally in the member’s BWC and associated footage shall be titled as an accidental Activation. Members may seek deletion of that footage following the above procedures.
450.12 RETENTION POLICY
BWC recordings shall be categorized properly to ensure they are retained for an appropriate amount of time, as indicated in the table below. Occasionally, the proper category for a recording may change as an investigation develops. It shall be the responsibility of the employee assigned to investigate an incident to ensure all BWC recordings are properly categorized and contain all required information (Incident or Case Number, Title, and Retention Category).

BWC files which become part of a citizen complaint or administrative investigation will follow the retention period identified for the complaint/investigation. Some BWC files that do not fall into the above categories may be retained longer than twenty-four (24) months for training purposes. The Division Commander will determine the retention length of these training videos based on their usefulness.

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Body Worn Camera Systems

CATEGORY RETENTION PERIOD DESCRIPTION
Incident – No Detention 2 years Routine call for service. No detention or enforcement action
taken. Business contact, citizen
contact, advice call, etc.

Enforcement Contact 3 years All detentions. Probation/Parole searches not resulting in arrest.

Traffic stops, ped stops, bike
stops, etc.

Mental Health Contact 5 years Any call for service where the main complaint or issues deals
with mental health. 5150s, mental
health welfare check, potential
HOT calls.

Misdemeanor Case 5 years All misdemeanor cases that are not covered in a more specific
category below, to include arrests
and traffic misdemeanors
Felony Case 10 years All felony cases that are not
covered in a more specific
category below, to include arrests
and traffic felonies, pursuit
DV 15 years All calls for service and
investigations related to
misdemeanor or felony domestic
violence or DV restraining order
violations
DUI 10 years Any arrest for DUI
Violent Felony (245, 187, etc.) Until Manually Deleted All person’s crime violent felonies.

May or may not have injury. All
Shootings, stabbings homicides,
245PC, 187PC, etc.

Sex Crimes (incl 243.4, 314,
647.6)
Until Manually Deleted All sex crimes to include
misdemeanors.

Use of Force Until Manually Deleted Will be used exclusively by supervisor during their review
of the use of force. Supervisors,
when reviewing video, will add
category of “Use of Force”
Deletion Review Until Manually Deleted Digital content of non-evidentiary value that are recorded or
uploaded by mistake. Will be
reviewed before manually
deleted.

Copyright Lexipol, LLC 2025/06/10, All Rights Reserved.

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Body Worn Camera Systems
Restricted Until Manually Deleted Sensitive evidence that is restricted from access. For
example, IA investigations,
OIS, calls for service of a
sensitive nature. Upon upload in
Evidence.com only the owner of
the evidence can view.

Filed by DA – Misd (Records only) 10 years Added to evidence upon return of a DA Dispo. Ensures evidence
retained for prosecution.

Misdemeanor Cases. Should not
be used in the field
Filed by DA – Felony (Records
only)
20 years Added to evidence upon return
of a DA Dispo. Ensures evidence
retained for prosecution. Felony
Cases. Should not be used in the
field
PRA / Legal Process (Admin only) Until Manually Deleted Added to evidence upon receipt of a PRA, FOIA request or pending
litigation. Should not be used in
the field.

ECTT 2 years Should be added to all evidence
where there was an ECTT action.

Training (Reality-based) 3 years Digital content created during department trainings.

Test 2 years Digital content created during the
training and testing of equipment.

For example, when training a
new officer after issuing of AXON
equipment.

Pending Review Until Manually Deleted DO NOT USE! This category should never be used. It is a
non-modifiable field used by the
system. No evidence should ever
have this Category Assigned.
450.13 USE OF BWCS RECORDINGS FOR TRAINING PURPOSES
BWCS recordings may be used in conjunction with department training with the approval of the Division Commander, and only after notification of the members involved in the recorded incident.

A BWCS file may be utilized as a training tool for individuals, specific units, and the department as a whole.

BWCS recordings may be released for training purposes using the following procedure:
a) Submit the recommendation through the chain of command to the Division Commander. b) Before approving the BWCS file for training, the Division Commander will assess the videos value for training purposes and if appropriate for training, will notify all involved members.

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Body Worn Camera Systems
c) If an involved officer or other member objects to the showing of a recording for training purposes, he or she may submit the objection to the Chief of Police for final determination within his or her sole and reasonable discretion. The decision of the Chief of Police to allow a recording to be used for training is solely within the Chief’s managerial discretion as department executive and is not grievable or appealable.
450.14 SUPERVISORY RESPONSIBILITIES
(a) Supervisors shall review BWC video to ensure that Users are utilizing BWCs in accordance with this policy.
(b) Supervisors shall not arbitrarily review BWC recordings for the sole purpose of searching for violations of department policy not related to a specific complaint or incident. (c) Supervisors will provide Officers with a replacement BWC unit if their assigned BWC is damaged or malfunctioning.
(d) Supervisors shall take possession of the BWCs of Users involved in a critical incident (i.e., officer-involved shooting, use of force, in custody death, vehicular collision causing injuries.) immediately after the incident to limit access to the video by involved Users prior to the initial interview by investigators.

Copyright Lexipol, LLC 2025/06/10, All Rights Reserved.

Published with permission by Pleasanton Police Department Body Worn Camera Systems - 426
Attachment 2

Master Services and Purchasing Agreement
This Master Services and Purchasing Agreement (" Agreement") is between Axon Enterprise, Inc. (" Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote (" Effective Date "). Axon and Customer are each a " Party" and collectively " Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:

1. Definitions
.

1.1. " Axon Cloud Services " means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.

1.2. " Axon Device " means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices.

1.3. " Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.

Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

1.4. " Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.

2. Term
. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").

2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").

2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5-year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment
. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term.

Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past- due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.

4. Taxes
. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.

5. Shipping . Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote.

6. Returns
. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

7. Warranty .

7.1. Limited Warranty . Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.

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7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.

7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.

Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.

7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote (" Spare Axon Devices "). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.

7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Customer resells Axon Devices.

7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

7.6. Online Support Platforms . Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions.

7.7. Third-Party Software and Services . Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

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7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.

8. Free Trial

8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“ Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non- transferable, license to use new Axon Devices and Services provided for trial to the Customer (“ Trial Products”). Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote. Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.

8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix

9. Statement of Work
. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (" SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference.

10. Axon Device Warnings
. See www.axon.com/legal for the most current Axon Device warnings.

11. Design Changes . Axon may make design changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer.

12. Combined Offerings . Some offerings in a Quote combine existing and pre-released Axon Devices or Services.

Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.

13. Insurance
. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.

14. IP Rights . Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated.

15. IP Indemnification
. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not Version: 22
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approved by Axon; (b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon.

16. Customer Responsibilities
. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

17. Termination
.

17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable.

17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate.

Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price (" MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices.Only if terminating for non-appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.

18. Confidentiality
. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

19. General
.

19.1. Force Majeure . Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties.

19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

19.5. Compliance with Laws . Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or Version: 22
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entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.

19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.

19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.

19.10.Governing Law . The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

19.11.Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

18.12 Entire Agreement . This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and- conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.

AXON: CUSTOMER:

Axon Enterprise, Inc.

Signature:

Signature:

Name: Name:

Title: Title:

Date: Date:

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Axon Cloud Services Terms of Use Appendix

1. Definitions .

1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.

1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.

1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data.

1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.

1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.

1.6. " Non-Content Data " is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.

1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.

1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.

1.10."Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

2. Access
. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed more End Users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence

3. Customer Owns Customer Content
. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4. Security
. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.

5. Customer Responsibilities
. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any Version: 22
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auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.

5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.

5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.

6. Privacy
. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7. Axon Body Wi-Fi Positioning
. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.

8. Storage
. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.

9. Third-Party Unlimited Storage
. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.

10. Location of Storage
. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located. Ownership of Customer Content remains with Customer.

11. Suspension
. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.

12. Axon Cloud Services
Warranty . Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services.

13. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor.

Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “ Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and Version: 22
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operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.

14. TASER Data Science Program
. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

14.1.If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.

14.2.Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.

14.3.In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected].

Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.

15. Axon Records
. Axon Records is the software-as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 plan. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.

15.1.Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").

15.2.An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.

15.3.New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.

15.4.End Users of Axon Records may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files.

Axon will not bill for overages.

16. Axon Cloud Services Restrictions
. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

16.1.copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

16.2.reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;

16.3.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

16.4.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

16.5.use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;

16.6.access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
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16.7.remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

16.8.use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.

17. After Termination . Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content.

Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.

18. Post-Termination Assistance
. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

19. U.S. Government Rights
. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.

20. Survival
. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.

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Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP) . The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, " ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11.

For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Customer Content or ACEIP Content (" Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case").

2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer.

3. ACEIP Tier 2
. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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aggregated, transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2.

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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

1. Utilization of Services . Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.

2. Axon Full Service (Axon Full Service) . Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full Service options include:

System set up and configuration
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories and custom roles based on Customer need  Register cameras to Customer domain
 Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access  One on-site session included
Dock configuration
 Work with Customer to decide the ideal location of Docks and set configurations on Dock  Authenticate Dock with Axon Evidence using admin credentials from Customer  On-site assistance, not to include physical mounting of docks Best practice implementation planning session
 Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers
 Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
 Provide referrals of other customers using the Axon camera devices and Axon Evidence  Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies
Users go-live training and support sessions
 Assistance with device set up and configuration
 Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

3. Body-Worn Camera Starter Service (Axon Starter) . Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
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 Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
 Work with Customer to decide the ideal location of Dock setup and set configurations on Dock  Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer  Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations User go-live training and support sessions
 Assistance with device set up and configuration
 Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

4. Body- Worn Camera Virtual 1-Day Service (Axon Virtual) . Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.

5. CEW Services Packages . CEW Services Packages are detailed below:

System set up and configuration
 Configure Axon Evidence categories & custom roles based on Customer need.  Troubleshoot IT issues with Axon Evidence.
 Register users and assign roles in Axon Evidence.
 For the CEW Full Service Package: On-site assistance included  For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout Best practice implementation planning session to include:
 Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other customers
 Discuss the importance of entering metadata and best practices for digital data management  Provide referrals to other customers using TASER CEWs and Axon Evidence  For the CEW Full Service Package: On-site assistance included  For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
 Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
 For the CEW Full Service Package: Training for up to 3 individuals at Customer  For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included.

6. Smart Weapon Transition Service
. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models.

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Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Customer with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

7. VR Services Package.

VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure Customer settings based on Customer need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices

8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Air, On-Site training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure Customer settings based on Customer need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices

9. Axon Air, Virtual Training.

Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.

10. Signal Sidearm Installation Service .
a. Purchases of 50 SSA units or more : Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Customer is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration.

11. Axon Justice Implementation . Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes:

System set up and configuration
 Axon performs discovery to understand and document the Agency’s needs.  Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs.
 Axon will facilitate a workflow discussion with the core admin team.

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