Rialto City Council
May 26, 2022

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RIALTO

AND

FIRE MANAGEMENT July 1, 20 19 through Jun e 3 0, 2 0 21

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

THIS PAGE IS INTENTIONALLY LEFT BLANK

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A i
01180.0004/268431.1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF RIALTO

AND THE RIALTO FIRE MANAGEMENT ASSOCIATION
(RFMA)
Table of Contents
PREAMBLE ......................................................................................................................... 3 ARTICLE 1. TERM OF AGREEMENT ............................................................................. 4 ARTICLE 2. WAGES .......................................................................................................... 4 ARTICLE 3. CAFETERIA BENEFIT PLAN ..................................................................... 4 ARTICLE 4. HEALTH INSURANCE FOR RETIREES .................................................... 5 ARTICLE 5. DENTAL INSURANCE ................................................................................ 5 ARTICLE 6. VISION INSURANCE ................................................................................... 5 ARTICLE 7. LIFE INSURANCE ........................................................................................ 6 ARTICLE 8. TIME ACCOUNTING FOR EMPLOYEES .................................................. 6 ARTICLE 9. SICK LEAVE ................................................................................................ 6 ARTICLE 10. PERSONAL LEAVE ................................................................................... 8 ARTICLE 11. INDUSTRIAL LEAVE OF ABSENCE ....................................................... 8 ARTICLE 12. BEREAVEMENT LEAVE .......................................................................... 8 ARTICLE 13. ADMINISTRATIVE LEAVE ...................................................................... 8 ARTICLE 14. DEFERRED COMPENSATION ................................................................. 9 ARTICLE 15. HOLIDAYS .................................................................................................. 9 ARTICLE 16. UNIFORM ALLOWANCE ....................................................................... 10 ARTICLE 17. VACATION ACCRUAL ........................................................................... 10 ARTICLE 18. VACATION CASH OUT .......................................................................... 11 ARTICLE 19. PROFESSIONAL DEVELOPMENT ........................................................ 12 ARTICLE 20. COURT FINES .......................................................................................... 12 ARTICLE 21. EDUCATION INCENTIVE ...................................................................... 12 ARTICLE 22. FINANCIAL DISCLOSURE ..................................................................... 14 ARTICLE 23. PERSONAL PROPERTY — REPLACING & REPAIRING ..................... 15 ARTICLE 24. POLYGRAPH EXAMINATION ................................................................ 15 ARTICLE 25. PHYSICAL EXAMINATION / DOCTOR’S CERTIFICATE .................... 15 ARTICLE 26. PROBATIONARY PERIOD ...................................................................... 15 ARTICLE 27. RE-EMPLOYMENT ................................................................................... 15 DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A ii
01180.0004/268431.1
ARTICLE 28. SAFETY EQUIPMENT .............................................................................. 16 ARTICLE 29. PROMOTIONAL PAY ............................................................................... 16 ARTICLE 30. HAZARDOUS MATERIALS PAY AND ANNUAL PHYSICALS ......... 16 ARTICLE 31. BILINGUAL PAY ..................................................................................... 16 ARTICLE 32. LONGEVITY PAY ..................................................................................... 16 ARTICLE 33. PARAMEDIC CERTIFICATE PAY .......................................................... 17 ARTICLE 34. FIRE INVESTIGATOR PAY .................................................................... 17 ARTICLE 35. SAVINGS CLAUSE ................................................................................... 18 ARTICLE 36. SENIORITY ............................................................................................... 18 ARTICLE 37. JURY DUTY SERVICE ............................................................................. 18 ARTICLE 38. RETIREMENT ........................................................................................... 18 ARTICLE 39. GRIEVANCE PROCEDURES ................................................................... 20 ARTICLE 40. AGENCY AUTHORITY ............................................................................ 25 ARTICLE 41. AGENCY PERSONNEL RULES ............................................................... 25 ARTICLE 42. NON-DISCRIMINATION .......................................................................... 26 ARTICLE 43. MAINTENANCE OF EXISTING BENEFITS ........................................... 26 ARTICLE 44. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ........... 26 ARTICLE 45. OVERTIME ................................................................................................ 26 ARTICLE 46. TRAINING ................................................................................................. 27 ARTICLE 47. TRADING TIME ........................................................................................ 28 ARTICLE 48. RIALTO FITNESS CENTER ..................................................................... 28 ARTICLE 49. LAYOFFS, POSITION ELIMINATION, & RECLASSES ........................ 28 ARTICLE 50. STAFF / TAKE HOME COMMAND VEHICLES ..................................... 28 ARTICLE 51. WELLNESS PROGRAM ........................................................................... 28 ARTICLE 52. SHIFT BATTALION CHIEF POSITION FILL .......................................... 29 ARTICLE 53. FIREFIGHTER BILL OF RIGHTS ............................................................ 29 ARTICLE 54. DISCIPLINARY OVERTIME LIMITATIONS .......................................... 29 ARTICLE 55. EMPLOYEE-EMPLOYER RELATIONS RESOLUTION......................... 29 ARTICLE 56. ACTING PAY ............................................................................................. 30 ARTICLE 57. NATIONAL FIRE ACADEMY COMPENSATION .................................. 30 ARTICLE 58. ONGOING LABOR DISCUSSIONS ......................................................... 30

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 3

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF RIALTO
AND

THE RIALTO FIRE MANAGEMENT ASSOCIATION
(RFMA)
The following provisions constitute the agreements reached by the City of Rialto (City) and the Rialto Fire Management Association (Association) during recent negotiations. The City and Association have agreed to the following terms regarding wages and benefits:

PREAMBLE
This Memorandum of Understanding (MOU or Agreement) is entered into with reference to the following facts:

A. The Association is the recognized employee organization for safety personnel employed by the City in the safety classifications of Fire Division Chief, Administrative Battalion Chief (Admin BC), Shift Battalion Chief (Shift BC) and Emergency Medical Services Coordinator (EMSC). (Division Chief, Administrative Battalion Chief and Emergency Medical Services Coordinator are defined as forty (40) hour/week assignments; Shift Battalion Chief is defined as a fifty-six (56) hour/week assignment.) Additional classification included in this association, which is non-safety, is the Fire Marshal (FM) position.

B. In the interest of maintaining harmonious relations between the City and its employees, authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours and other terms and conditions of employment of affected employees.

C. The authorized representatives of the City and the Association have reached agreement as to certain changes in wages, hours and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for adoption and implementation of its terms and conditions by appropriate ordinance, resolution or other lawful action.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 4

ARTICLE 1.

TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2019 to June 30, 2021.

ARTICLE 2.

WAGES
A. Classification and Compensation: The City of Rialto Classification and Compensation Plan authorized by the City Council will be the guiding document for citywide budgeted positions and salary ranges.

B. Cost of Living Adjustment: As of July 1, 2019; the City will increase represented employees’ base salary by 2.4% effective the first pay period following City Council approval of this Tentative Agreement, which is to be reflected in the Classification and Compensation Salary Table.

C. Cost of Living Adjustment: As of July 1, 2020; the City will increase represented employees’ base salary by 2.4% effective the first pay period including July 1, 2020.

Adjustment changes will be reflected in the Classification and Compensation Table.

D. Moving forward, the unit agrees to utilize the National CPI Index to serve as the foundation for any cost of living adjustment language changes the unit may request.

ARTICLE 3.

CAFETERIA BENEFIT PLAN
A. Employees shall be provided with a Cafeteria Plan which will be administered by the City pursuant to Section 125 of the Internal Revenue Code.

B. The Cafeteria Plan is designed to give employees the flexibility to choose various benefits. The cafeteria plan gives employees a set dollar amount in which the employee may access any amount up to the maximum City contribution which is outlined in Section C. Employees have the choice of applying Cafeteria Plan dollars to purchase health, vision, and dental benefits provided through City plans. The employee may also choose the opt-out provision of the cafeteria plan as outlined in Section D.

C. Employees will receive $1400 per month as the City’s contribution to their cafeteria plan for health, vision, and dental insurance premiums.

D. Opt-out provision - will enable an employee to receive $1250 of the City’s contribution to the cafeteria plan. All new hires on or after November 15, 2018 electing to opt out of the city’s cafeteria plan for health, vision and dental insurance premiums shall be limited to a $100 per DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 5

pay period (24 times per 12-month period) “opt out” allowance for not using City medical insurance. Employees not exhausting the allowance for medical insurance premiums ($1,400) will not receive a cash back difference.

An employee must provide the City with written notice/waiver of paid group health insurance premiums for which the employee is eligible. Then, the employee shall be provided up to 100% of the City contribution which may be taxable compensation or be placed into a deferred compensation plan. Documentation is required to verify that insurance is established.

ARTICLE 4.

HEALTH INSURANCE FOR RETIREES
RETIRED EMPLOYEES - Retirees are not eligible for the Cafeteria Plan. Retirees, however, shall retain all current PERS health benefits. The City shall provide retiring employees the same PERS health insurance options provided to active employees.

The City shall not reimburse Medicare premiums for employees or retirees. Retirees and dependents must meet the definition of “annuitants” as defined by PERS.

The City shall contribute to the retired employees’ plan according to the following schedule:

EMPLOYEE ONLY $279.25/month
EMPLOYEE + 1 $558.49/month
EMPLOYEE + 2 OR MORE $726.04/month
The parties agree to re-open the MOU during the MOU term or continue discussions to review alternative retiree health plan options to reduce or eliminate OPEB liabilities.

ARTICLE 5.

DENTAL INSURANCE
This benefit is now encompassed in Article 3 for active employees (Cafeteria Benefit Plan). A unit employee may opt out of participation in a City sponsored dental insurance plan; however, no payments shall be made in lieu of participation.

ARTICLE 6.

VISION INSURANCE
This benefit is now encompassed in Article 3 for active employees (Cafeteria Benefit Plan). A unit employee may opt out of participation in a City sponsored vision insurance plan; however, no payments shall be made in lieu of participation.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 6

ARTICLE 7.

LIFE INSURANCE
The City shall pay 100% of the premium for life insurance coverage for employee and dependents.

The City will pay the cost of employee and dependent life insurance coverage at the following levels:

Employee $150,000
Spouse $10,000
Children $5,000
If the employee desires additional insurance coverage above and beyond the $150,000 or other life insurance benefit provided by the City, the employee will pay 100% of that additional insurance cost. Note: Any coverage over $50,000 is taxable to the unit employee.

LONG TERM DISABILITY
The City shall pay the monthly premium for current employees for Long Term Disability Insurance within this unit.

ARTICLE 8.

TIME ACCOUNTING FOR EMPLOYEES
A. Time accounting for Shift Battalion Chiefs will be a 56-hour work week. A compensation rate for such 56-hour personnel is included in the salary chart. Fringe benefits for sick, vacation, and holiday leave will be figured using a conversion factor of 1.400 (56/40 = 1.400) B. Time accounting for the Fire Division Chief, Administrative Battalion Chiefs, the Emergency Medical Services Coordinator, and the Fire Marshal will be a 40-hour workweek. A compensation rate for such 40-hour personnel is included in the salary chart. Fringe benefits for sick, vacation, and holiday leave will be figured using a conversion factor of 1.00 (40/40 = 1.000)
ARTICLE 9.

SICK LEAVE
A. SICK LEAVE ACCUMULATION AND USE — Sick leave is accumulated at the rate of ten (10) hours per month for 40-hour per week personnel and fourteen (14) hours per month for 56-hour per week personnel. This amounts to one hundred twenty (120) hours per year for 40- hour per employees and one hundred sixty-eight (168) hours per year for 56-hour per week personnel. Time is charged to the employee on an hour for hour basis.

An employee may use accrued and available sick leave for employee’s own or a family member for the diagnosis, care or treatment of an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking. “Family member” means (1) a child, which for purposes of this article means a DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 7

biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. (2) a biological, adoptive, or foster parent, stepparent. (3) a spouse. (4) a registered domestic partner. (5) a grandparent. (6) a grandchild. (7) a sibling.

B. SICK LEAVE — CASH OUT - Employees with ten (10) consecutive years of service and with a minimum of three hundred fifty (350) hours for accumulated unused sick leave on the books, shall be eligible to cash out up to one hundred twenty-seven (127) hours per year. The employee may opt to take any increments of sick leave time in the first pay period in November and/or the first pay period in May of each year, as long as such cash out shall not deplete the employee’s accrued sick leave below three hundred and fifty (350) hours. No more than one-hundred twenty-seven (127) hours may be cashed out in each fiscal year. The cash out of sick leave time will be at the employee’s current base salary rate meaning the payment shall include salary and special compensation but exclude overtime and cafeteria payments.

C. SICK LEAVE — UNUSED — At the time of separation from service, the employee shall receive compensation for the number of hours credited to him/her as accrued sick leave on his/her last actual day at the rate described below. Employees terminated for cause shall not be eligible for any benefits under this provision.

1. Upon retirement or separation after five (5) consecutive years of compensated service, he/she shall receive compensation at his/her current rate at separation for fifty percent (50%) of the accrued hours; after ten (10) years of compensated service, he/she shall receive compensation at his/her current rate at separation for sixty five percent (65%) of the accrued hours; after fifteen (15) consecutive years of compensated service, he/she shall receive compensation at his/her current rate at separation for seventy five percent (75%) of the accrued hours; after twenty (20) consecutive years of compensated service, the employee shall receive compensation for one hundred percent (100%) of accrued hours.

2. In the event of retirement due to a disability injury sustained while performing compensated duties, and after five (5) consecutive years of compensated service, he/she shall receive compensation at his/her current rate at separation for fifty percent (50%) of the accrued hours; after ten (10) years of compensated service, he/she shall receive compensation at his/her current rate at separation for sixty five percent (65%) of the accrued hours; after fifteen (15) consecutive years of compensated service, he/she shall receive compensation at his/her current rate at separation for seventy five percent (75%) of the accrued hours; after twenty (20) consecutive years of compensated service, the employee shall receive compensation for one hundred percent (100%) of accrued hours.

3. In the event of a service-connected death, after five (5) consecutive years of compensated service, his/her estate shall be paid one hundred percent (100%) of the accrued hours at his/her regular rate at the time death.

4. In the event of a non-service connected death, after five (5) consecutive years of compensated service, he/she shall receive compensation at his/her current rate at separation for fifty percent (50%) of the accrued hours; after ten (10) years of compensated service, he/she shall receive compensation at his/her current rate at separation for sixty five percent R694-000 -- 1248608.1
DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 8

(65%) of the accrued hours; after fifteen (15) consecutive years of compensated service, he/she shall receive compensation at his/her current rate at separation for seventy five percent (75%) of the accrued hours; after twenty (20) consecutive years of compensated service, the employee shall receive compensation for one hundred percent (100%) of accrued hours.

ARTICLE 10.

PERSONAL LEAVE
Employees may use accrued and available sick leave entitlement to attend an illness of a child, parent, spouse, or registered domestic partner. In one calendar year, employees may use an amount of sick leave not less than that which normally accrues to them during six months for such purposes.

ARTICLE 11.

INDUSTRIAL LEAVE OF ABSENCE
A. City adheres to State Labor Code law regarding leave for on-the-job injuries.

B. The alternative dispute program applicable for on-the-job/industrial injuries is attached hereto as Appendix C.

C. Non-safety employees may use accumulated but unused sick leave while on an absence due to an industrial injury in addition to any worker’s compensation payments; the combination of the two shall not exceed 100% of the employee’s normal pay.

ARTICLE 12.

BEREAVEMENT LEAVE
Any eligible employee who is absent from work by reason of a death in the immediate family may be allowed a leave of absence with pay. A maximum of three (3) shifts may be taken for leave for 56-hour per week personnel and a maximum of forty (40) hours may be taken for 40-hour per week personnel. Such leave shall not exceed a total of three (3) cumulative shifts in any fiscal year for 56-hour per week personnel or forty (40) hours in any fiscal year for 40-hour per week personnel.

This leave must be requested in writing, with the approval of the Fire Chief and the Human Resources/Risk Management Director, or their designee.

For purposes of this article, “immediate family” is defined as wife, husband, mother, father, grandparents, brother, sister, children or stepchildren, grandchildren, brother-in-law, sister-in-law, son-in-law, daughter-in-law, parents-in-law, or registered domestic partners (so long as required by California law) of the employee.

ARTICLE 13.

ADMINISTRATIVE LEAVE
A. Each year on July 1, one-hundred twenty (120) hours of administrative leave shall be credited to each employee.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 9

B. Use of administrative leave shall be at the discretion of the employee with prior approval of the Fire Chief.

C. Administrative leave will be prorated and credited to newly hired employees in the unit.

D. Administrative leave must be used by June 30 of each fiscal year; hours not used shall be forfeited.

ARTICLE 14.

DEFERRED COMPENSATION
A. The City shall pay seven hundred and fifty ($750) monthly toward a deferred compensation plan for each employee.

B. Employees will have access to the 401A, Money Purchase Pension Plan and Trust, subject to City Council modification of the plan as authorized by federal and state laws.

ARTICLE 15.

HOLIDAYS
A. The following is the schedule of holidays granted to employees:

New Year’s Day Labor Day
Martin Luther King Day Veterans Day
Presidents’ Day Thanksgiving Day
Cesar Chavez Day Christmas Eve
Memorial Day Christmas Day
Independence Day

B. For employees in the classifications of Fire Division Chief, Administrative Battalion Chiefs, the Emergency Medical Services Coordinator, and the Fire Marshal holidays which fall on a Friday or Saturday shall be observed the previous Thursday. Holidays which fall on a Sunday shall be observed the following Monday.

C. Holidays shall be paid and earned as holidays occur.

To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation, as defined under Section 571 of the California Code of Regulations, for eligible classic CalPERS members only.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 10

ARTICLE 16.

UNIFORM ALLOWANCE
A uniform allowance of one thousand six hundred dollars ($1,600) per year shall be paid semi- annually in arrears (half ($800) the first pay period in January and half ($800) the first pay period in July) with no receipts.

New employees who promote from the RFMA bargaining unit will receive two initial uniforms upon promotion. This will apply only to Captains promoting to the rank of Battalion Chief.

New employees hired on or after July 1, 2015 shall be paid one-half of the uniform allowance ($800) at the first paycheck after the hire date, and then semi-annually thereafter, as provided in this article. To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation, as defined under Section 571 of the California Code of Regulations, for eligible classic CalPERS members only.

ARTICLE 17.

VACATION ACCRUAL
A. No employee shall be granted vacation time he/she has not earned.

B. Employees in the classification of Fire Division Chief, Administrative Battalion Chief, the Emergency Medical Services Coordinator, and Fire Marshal may accrue a maximum of six hundred (600) hours as of December 31 of any calendar year. No hours in excess of 600 will be accrued or paid to the employee.

C. Employees in the classification of Shift Battalion Chief may accrue a maximum of eight hundred forty (840) hours, or thirty-five (35) shifts of vacation leave as of December 31 of any calendar year. No hours in excess of 840 will be accrued or paid to the employee.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 11

D. Vacation leave will be earned at the following rates:

Effective upon City Council approval, all current members within the Rialto Fire Management Association as of June 24, 2020 will accrue at the rate of 10.50 hours per pay period (14.70 for shift employees) - based upon an effective date of July 1, 2019. New members to the group, after June 24, 2020, shall accrue vacation time based upon the following schedule:

Years of City Service Hours Per Pay Period Earned on Anniversary

Tier 1: 0 - 1 years 80 hours maximum per year upon completion of 365 Days / 2080 Hours
Tier 2: 1 - 4 years 6.00 Hours / pay period for 40-hour per week employees and 8.40 for shift employees
Tier 3: 5 – 10 years 7.50 Hours / pay period for 40-Hour per week employees and 10.50 for shift employees
Tier 4: 11 – 16 years 9.50 Hours / pay period for 40-Hour per week employees and 13.30 for shift employees
Tier 5: 17+ Years 10.50 Hours / pay period for 40-Hour per week employees and 14.70 for shift employees

ARTICLE 18.

VACATION CASH OUT
A. Effective on the first pay day after July 1 of each year, 40-hour per week employees may “cash- out,” at the employee’s current salary rate, (unit employee base salary rate includes salary, special compensation, but excludes overtime and cafeteria payments) up to one-hundred eighty (180) hours of vacation leave if a minimal balance of eighty (80) hours accrued vacation is maintained after the cash out.

B. 40-hour/week employees shall be eligible to cash-out or deposit into the City’s Deferred Compensation Program Account up to one-hundred eighty (180) hours vacation leave time per fiscal year. The employee may opt to cash out in ten (10) hour minimum increments up to 12 times per year, as long as such cash out shall not deplete the employee’s accrued vacation leave below eighty (80) hours.

C. Effective on the first pay day after July 1 of each year, employees in the classification of Shift Battalion Chief may “cash-out”, at the employee’s current salary rate, (unit employee base salary rate includes salary, special compensation, but excludes overtime and cafeteria payments) up to two-hundred fifty-two (252) hours of vacation leave if a minimal balance of one hundred twelve (112) hours accrued vacation is maintained after the cash out.

D. Shift Battalion Chiefs shall be eligible to cash-out or deposit into the City’s Deferred Compensation Program Account up to two-hundred fifty-two (252) hours vacation leave time DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 12

per fiscal year. The employee may opt to cash out in twenty-four (24) hour minimum increments up to 12 times per year, as long as such cash out shall not deplete the employee’s accrued vacation leave below one hundred twelve (112) hours.

ARTICLE 19.

PROFESSIONAL DEVELOPMENT
The City agrees to reimburse employees up to one thousand six hundred dollars ($1,600) per fiscal year for employee training and development.

This benefit shall not be applied to coursework, classes, workshops, or seminars that are part of the employee’s effort to earn credits toward the educational incentive plan provided for in Article

21. The course must be job-related and be taken for reimbursement with prior written approval of the Fire Chief or designee.

ARTICLE 20.

COURT FINES
The City shall pay the court fines imposed upon any employee, when such fine is the result of a faulty vehicle or vehicular equipment and provided that such fine did not result from improper or negligent operation of the vehicle or equipment on the part of the employee.

ARTICLE 21.

EDUCATION INCENTIVE
I. The following educational incentives are also applicable for RFMA employees:

A. Strike Team Leader. Any employee certified by the County of San Bernardino as a Strike Team Leader shall be compensated 3.5 percent of the employee’s base salary monthly. EMS equivalent to Strike Team Leader See Appendix “A” – Step One shall be compensated 3.5% of the employee’s base salary monthly.

B. Chief Officer Certification. Any employee certified as a Chief Officer by the California State Fire Marshall shall be compensated 6.0% of the employee’s base salary monthly. EMS equivalent to Chief Officer Certification See Appendix “A” – Step Two shall be compensated 6.0% of the employee’s base salary monthly. This reporting to CalPERS began as of September 15, 2019.

C. Executive Fire Officer. An employee obtaining California Executive Fire Officer courses 4A-4E and ICS 400 shall be compensated 8.5% of employee’s base salary monthly with the exception of those serving as an EMS Coordinator – effective June 26, 2020.

The parties have agreed on the following steps to complete the calculation of retroactive pay (specific to Chief Officer Certification) associated with the educational incentive benefits detailed above and will allow employees of the RFMA unit to select and agree to one of the following options:

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 13

Option 1: Employee shall receive a retroactive payment for the period between July 1, 2014 (the effective date of the 2014 MOU) and September 14, 2019. Employee will pay their potion of the difference in CalPERS contribution costs, and the City will pay its portion for said period of the retroactive payment.

Option 2: Employee shall receive a retroactive payment for the period between November 13, 2018 (the effective date of the Tentative Agreement) and September 14, 2019. Employee will pay their portion of the difference in CalPERS contribution costs, and the City will pay its portion for said period of the retroactive payment.

Option 3: Employee and City maintain status quo, as of September 14, 2019. Employee does not receive a retroactive payment, and there is no additional cost or payment by the employee for any CalPERS contribution costs for the period prior to September 14, 2019.

To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation, as defined under Section 571 of the California Code of Regulations, for classic CalPERS members only.

II. This Educational Incentive benefit, is based on the following criteria:

Those hired prior to January 1, 2014: All employees hired or promoted prior to January 1, 2014 shall continue to receive their 5% educational benefit and shall not be eligible for educational benefits described below under this Article.

2.5 % Educational Incentive Benefit:

Training Points 15 30 45 Firemanship Firemanship
Education Points 15 30 45 Associate’s Bachelor’s
Years’ Experience 8 6 4 4 2

5% Educational Incentive Benefit:

Training Points 30 45 Firemanship Firemanship Firemanship Education Points 30 45 Associate’s Bachelor’s Master’s Years’ Experience 12 9 9 6 4

7.5% Educational Incentive Benefit:
14 Years’ Experience
San Bernardino County Strike Team Leader Certification
CA State Fire Marshal Certification as a Company Officer Associate of Arts or Science Degree
Rank of Battalion Chief or higher for a minimum of two years

R694-000 -- 1248608.1
DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 14

OR

12 Years’ Experience
San Bernardino County Strike Team Leader Certification CA State Fire Marshal Certification as a Chief Officer Bachelor of Arts or Science Degree
Rank of Battalion Chief or higher for a minimum of one year

10% Educational Incentive Benefit:
17 Years’ Experience
San Bernardino County Strike Team Leader Certification
CA State Fire Marshal Certification as a Company Officer Associate of Arts or Science Degree
Rank of Battalion Chief or higher for a minimum of three years

OR

15 Years’ Experience
San Bernardino County Strike Team Leader Certification
CA State Fire Marshal Certification as a Company Officer Bachelor of Arts or Science Degree
Rank of Battalion Chief or higher for a minimum of two years

Those hired on or after January 1, 2014: Employees hired on or after January 1, 2014, with a Bachelor’s degree shall be compensated 5% of employee’s base salary monthly. The Division Chief position is not eligible for this incentive pay.

Employees hired on or after January 1, 2014, with a Master’s degree shall be compensated 7.5% of employee’s base salary monthly.

The above increases are not cumulative.

To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.

ARTICLE 22.

FINANCIAL DISCLOSURE
The City shall only require financial disclosure by an employee as provided in the City’s Conflict of Interest Code, which conforms with State Government Code.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 15

ARTICLE 23.

PERSONAL PROPERTY — REPLACING & REPAIRING
The City shall continue to provide for the cost of replacing or repairing personal property of an employee which is lost, damaged, or stolen in the performance of duty. Personal items essential to job performance shall be replaced. After review, the reimbursement amount, if any, shall be determined by the Fire Chief, without appeal.

ARTICLE 24.

POLYGRAPH EXAMINATION
No employee shall be compelled to submit to a polygraph examination against his/her will. No disciplinary action or other recrimination shall be taken against an employee for refusing to submit to a polygraph examination. Testimony regarding whether an employee refused to submit to a polygraph examination shall be confined to the fact that, “The City of Rialto does not compel fire safety personnel to submit to polygraph examinations.”
ARTICLE 25.

PHYSICAL EXAMINATION / DOCTOR’S CERTIFICATE
As provided by State law and City personnel rules (Rule VII, Section 2 (d) and Rule XII, Section 2), the City shall bear the cost of any medical examination or physician’s certificate when such examination or certificate is required and directed by the City.

If an employee has been off duty due to an extended illness or injury (extended means eleven [11] working days or more for forty [40] hours per week personnel or seven [7] or more shifts for fifty- six [56] hours per week personnel), he/she will be required to submit a return to work authorization from his/her physician.

The City will bear that portion of the examination cost which the employee’s insurance does not pay.

ARTICLE 26.

PROBATIONARY PERIOD
Both Rialto Municipal Code Section 2.50.100 and Personnel Rule X, Section 1, line 26, establish the probationary period for fire safety personnel as one year from the date of appointment (in- service date) or promotion.

ARTICLE 27.

RE-EMPLOYMENT
Personnel Rule XIV, Section 5, provides for reinstatement within one year: “With the approval of the appointing power and the Personnel Officer, an employee who has resigned with a good record may be reinstated within one year to his former position, if vacant, or to a vacant position in the same or comparable class.” The salary range and step (with general increases, if any) are reinstated to the employee. Seniority and accrued benefits are lost.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 16

ARTICLE 28.

SAFETY EQUIPMENT
The City will continue to furnish the required safety equipment to all employees who are required by State law to have safety equipment. Employees shall be entitled to have the same safety gear rights as available to IAFF RFMA in their MOU Article 212 and the associated Personal Protective Equipment Appendix B
ARTICLE 29.

PROMOTIONAL PAY
Employees promoted to a higher classification shall be placed into the new pay range at step 6 or at a step no less than 5% increase above their current salary, whichever is greater.

The City shall continue the above practice for promotional salary increases.

ARTICLE 30.

HAZARDOUS MATERIALS PAY AND ANNUAL PHYSICALS
Any employee certified by the state as a Hazardous Materials Specialist or Technician, or a Hazardous Materials Incident Commander and subject to serve as an Incident Commander at Hazardous Materials Incidents shall be compensated 4.5% of the employee’s base salary monthly (Hazard Premium). Hazardous Materials Specialists shall continue to receive annual medical surveillance physicals. To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.

ARTICLE 31.

BILINGUAL PAY
Employees certified by the City as bilingual or a sign linguist and required to utilize their abilities as part of their regular duties shall be compensated at the rate of fifty dollars ($50.00) per pay period. To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.

ARTICLE 32.

LONGEVITY PAY
A. Employees with five (5) to nine (9) years of public fire service and/or City service will receive longevity pay equal to three percent (3%) of their base salary. Employees with ten (10) or more years of public fire service and/or City service will receive longevity pay equal to six (6%) of their base salary.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 17

B. Effective upon City Council approval of Tentative Agreement, clarify that Longevity Pay for “City Service” is subject to actual City service after a minimum of five years of working with the City. “City Service” Longevity Pay shall be reported as pensionable compensation C. For those employees hired on or before June 30, 2018 and have cumulative CalPERS “public fire experience” shall continue to receive longevity pay as stated in section A. of this Article.

However, such fire service experience pay shall not be subject to pensionable compensation pursuant to Title 2, Section 571 of the California Code of Regulations. Employees are responsible for notifying the City of all CalPERS fire service time. Notification of all CalPERS service shall be submitted to Human Resources/Risk Management Department or the Fire Chief within 90 days of being hired and within 90 days of meeting the longevity requirements. The effective date of payment shall be the first full pay period following submittal of proof of the Human Resources Department or Fire Chief.

To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.

ARTICLE 33.

PARAMEDIC CERTIFICATE PAY
A. Paramedic. Any employee, who has a current paramedic license shall be compensated an additional five percent 5% of the employee’s base monthly salary. In situations where a regular firefighter/paramedic is not available, any employee receiving paramedic pay may be required to perform paramedic functions until a full-time firefighter/paramedic replacement can be arranged. This incentive requires employees to have paramedic accreditation in the ICEMA region.

B. Paramedic Pediatric Trainer. The Emergency Medical Services Coordinator, who has a current paramedic pediatric trainer certification shall be compensated four and one-half percent (4.5%) of the employee’s base monthly salary.

To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.

ARTICLE 34.

FIRE INVESTIGATOR PAY
Fire Investigator. Any employee holding the position of Battalion Chief or Division Chief who is certified as a Fire Investigator shall be compensated an additional two and one-half percent (2.5%) of the employee’s base monthly salary (Fire Investigator Premium). The criteria to be certified as a Fire Investigator included obtaining the following certifications: California State Fire Marshal Investigation 1A and 1B; and PC 832 Arrest, Search and Seizure. To the extent applicable and permitted by law, this pay shall be reportable to CalPERS as special compensation or pensionable compensation pursuant to Title 2, Sections 571 and 571.1 of the California Code of Regulations.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 18

ARTICLE 35.

SAVINGS CLAUSE
If any of the provisions contained in this Memorandum of Understanding are determined to be unlawful, then only such provisions(s) shall be deleted from this MOU with the remainder of the MOU remaining in full force and effect. Upon the issuance of a decision declaring any section of the MOU to be unlawful, unenforceable, unconstitutional, or not applicable, the parties agree to meet and confer immediately concerning only those sections.

ARTICLE 36.

SENIORITY
Seniority is herein defined to be an employee’s length of service, with no break in service, within the Fire Department and/or classification in which the employee is presently assigned. The Department may consider seniority in vacation scheduling, shift assignments, and transfers within classifications.

ARTICLE 37.

JURY DUTY SERVICE
Upon the receipt of a jury duty service notice, the employee shall immediately notify his/her supervisor and provide a copy of the notice to the supervisor. Fire shift personnel that are required to report for jury duty may be absent with pay for up to eight hours per day plus travel time. If the employee is scheduled to report to jury duty two hours or more after the start of work, the employee must report to work prior to jury duty unless due to location circumstance, does not need to report if approved by a chief officer.

If the employee is selected to serve on a jury and they are sequestered for the night, the employee shall be paid for the entire shift. If the employee is released from jury duty one hour or more prior to the end of the shift, the employee must return to work.

Employees receiving a notice for “Telephone Standby” for jury duty shall report to work.

Employees will call the jury commissioner’s office from work to find out if they are required to report for jury duty.

ARTICLE 38.

RETIREMENT
A. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS)
Employees hired after January 1, 2013, who are “new members” (as defined in Government Code Section 7522.04(0, or its successor) shall be enrolled in the Public Employee Retirement System two-point seven percent (2.7%) at 57 Plan, as required by law.

For other employees, the City shall continue its contract with PERS for the three percent (3%) at age 50 retirement plan with widow’s one-half continuance. The retirement benefit shall be DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 19

based on the single highest year. Informational booklets regarding the retirement plan are available in the Human Resources Department.

B. EMPLOYEE COMPENSATION
As required by law, new members, as defined above, shall be required to pay fifty percent (50%) of the expected normal cost rate for their benefits. (This amount is thirteen percent (13%) of reportable compensation as of January 1, 2013.) Consistent with the agreement between the City and PERS setting forth the Employee Cost sharing terms set forth herein, bargaining unit members who are not new members will pay twelve percent (12%) of their salary towards the employer’s share of PERS contribution effective the pay period that includes July 1, 2013. The City will continue to pay the Employer Paid Member Contribution which is currently nine percent (9%) pursuant to Government Code Section 20691.

Members agree to contribute the additional 3% cost sharing amount above the previously agreed upon 9%, (for a total of 12%) as a pretax salary reduction until such time as a contract amendment with Ca1PERS can be processed.

All contributions made by employees described in the previous section above shall be in accordance with IRS Code Section 414(h)(2) (or any subsequent amendments to said IRS code section), whereby employee contributions described above shall be tax deferred (not subject to taxation until time of constructive receipt).

Level 4 Survivor Benefit. The employee shall continue to pay his/her share of the monthly cost for this benefit for fire safety employees.

C. The Ca1PERS contract includes a military buy-back benefit. The cost of such buyback is borne by the employee.

D. The Ca1PERS contract also provides that the employees’ (who are not new members) retirement benefit is based on the single highest year’s earnings.

E. The Ca1PERS contract provides for Level 4 of the 1959 Survivor Benefits Coverage for all employees. The employee shall continue to pay his/her share of the monthly cost of this benefit.

F. The City shall continue to provide for the Ca1PERS 4% COLA for retirees.

G. Employer Paid Member Contributions (EPMC) — The City shall implement the Ca1PERS EPMC benefit for all eligible employees effective January 1, 2010. For any eligible employee retiring after January 1, 2010, the City will report as “compensation” for retirement purposes the Employer-Paid Member Contributions of 9%.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 20

ARTICLE 39.

GRIEVANCE PROCEDURES
A. DEFINITIONS

1. Grievance — A “grievance” is a written allegation by an employee within the bargaining unit alleging that the employee has been adversely affected by a violation of specific written provisions of this MOU or of written rules, regulations or procedures affecting terms and conditions of employment. Grievances shall not be utilized to challenge the agency’s exercise of its authorities set forth in Article 39 AGENCY AUTHORITY of this MOU.

Additionally, by virtue of entering into this MOU, the parties agree that no matters, whether labeled as grievances, “complaints,” or otherwise, may be appealed to any administrative entity or body except as described herein. Further, the grievance procedure shall not be utilized to challenge or change the policies of the City whether they are written or otherwise.

Additionally, performance evaluation reports and reprimands, whether written or verbal, are not subject to the grievance procedure (except where found to be a “punitive action”, as defined by the Firefighters procedural Bill of Rights, against non-probationary firefighters.)

2. Day — Unless otherwise stated, a “day” is a day in which the City Hall is open for business.

3. Representative(s) — A representative is a member of the unit, association representative(s), or legal counsel who shall represent any party in interest at his/her election.

4. Grievant — Any unit member.

B. INFORMAL MEETING — Any unit member(s) alleging a grievance shall meet with his/her immediate supervisor with the objective of resolving the matter informally. The unit member(s) may have a representative present with him/her at this informal meeting. Request for such meeting shall occur within ten (10) days after the occurrence of the act or omission giving rise to the grievance or ten (10) days after the grievant knew or reasonably should have known about the act or omission, whichever is later.

C. FORMAL LEVEL I: DEPARTMENT HEAD OR DESIGNEE

1. In the event the grievance is not resolved at the informal meeting, within ten (10) days of the informal meeting the grievant may submit the grievance as a formal written grievance to the department head or designee. If the grievant has not submitted a written grievance within this time period, the grievance will be deemed to have been resolved.

2. Within ten (10) days after receipt of the written grievance by the department head, a personal conference with the other party shall take place upon the request of either the grievant or the department head or designee. Within fifteen (15) days after receipt of the grievance or ten (10) days after the date of the Level I meeting, whichever is later, the department head or his/her designee shall render a written decision to the grievant and shall transmit a copy to the Association.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 21

3. In those cases where a “grievance” regards a disciplinary proceeding which is both subject to the grievance procedure and which constitutes a proposed deprivation of property giving rise to a pre-disciplinary proceeding in accord with Skelly vs. State Personnel Board, the subject employee shall commence his/her grievance at this Level I. The proceeding before the department head or designee shall constitute both an exhaustion of the Level I grievance, and provision of any due process-mandated pre-deprivation proceeding.

D. FORMAL LEVEL II: ADVISORY ARBITRATION. If the grievant is not satisfied with the disposition of the grievance at Level I, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Human Resources/Risk Management Director, or designee, proposing that advisory arbitration be undertaken. In the alternative, the grievant may elect to proceed to Formal Level III and submit the dispute to the City Manager or designee for final determination.

1. In this case, Formal Level II provides for advisory arbitration and does not render a binding opinion. In the alternative, the grievant may elect to proceed to Formal Level III and submit the dispute to the City Manager or designee for final determination.

2. Said written grievance request for convening of advisory arbitration shall be considered timely only if received by the Human Resources/Risk Management Director, or designee no later than ten (10) days after service by the department head/designee of the Level I decision or twenty (20) days after the grievance was presented, whichever is later. Said request for arbitration shall clearly state the provisions of the MOU and/or written rules, regulations or procedures affecting terms and conditions of employment, which have been allegedly violated. The arbitration proposal shall also set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim of an MOU/rule or regulation violation. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant.

Signature by a representative shall be insufficient.

3. Within ten (10) days of receipt by the Human Resources/Risk Management Director, or designee of a timely grievance, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable advisory arbitrator. If said meeting either does not occur or if said meeting does not result in the selection of an advisory arbitrator, then within fifteen (15) days of receipt by the Human Resources/Risk Management Director, or designee of the timely grievance, the Director, or designee shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential advisory arbitrators be sent jointly to the grievant and to the City.

4. Within ten (10) days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an advisory arbitrator by means of alternate striking of names until one name remains. Said individual shall be the advisory arbitrator. Determination of which party shall make the initial strike shall be by lot.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 22

5. Within five (5) days of said selection process being completed, the Director, or designee shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter.

6. The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than 120 calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties.

7. In those arbitration proceedings, which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedy.

8. In those cases, regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows:
a. Does a preponderance of the evidence support a finding that misconduct did occur? b. If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority?
(i) If yes, the discipline shall be sustained.
(ii) If no, the discipline shall be subject to modification.

9. All advisory arbitration hearings shall be closed to the public unless the employee requests, in writing, no later than five (5) calendar days before the hearing, that the hearing be open.
a. Subpoenas (no subpoenas duces tecum) shall be issued by the arbitrator at the request of either party. State civil rules governing the issuance and validity of subpoenas shall also govern the issuance and validity of subpoenas issued herein. b. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely on in the conduct of serous affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions. Irrelevant and unduly repetitious evidence shall be excluded.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 23

c. The hearing shall proceed in the following order:
(i) The party imposing discipline shall be permitted to make an opening statement.
(ii) The appealing party shall then be permitted to make an opening statement. (iii) The department imposing disciplinary action shall produce the evidence on its behalf.
(iv) The party appealing such disciplinary action may then offer his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted.
(v) The parties may then, in above order, respectively offer rebutting evidence, unless the arbitrator for good cause, permits them to reopen and offer evidence in their case in chief.
(vi) Oral closing arguments shall be permitted. Written briefs may be permitted at the discretion of the arbitrator. The department shall have the right to open the oral closing arguments followed by the appealing party. The department shall then have the right to reply.
(vii) The orders of presentation and burdens of proof shall be reversed in those cases where non-disciplinary grievances are heard.

10. The arbitrator shall determine relevancy, weight, and credibility of testimony and evidence.

During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the arbitrator, for good cause, otherwise directs. However, both parties shall be permitted to designate an investigator or assistant to be present at the hearing, even if such person is or may be a witness. The arbitrator shall render judgment as soon after the conclusion of the hearing as possible but in no event later than thirty (30) calendar days after submission of closing arguments. The decision shall set forth which charges, if any, are sustained and the reasons, therefore. The decision shall set forth findings of fact and conclusions of law. The arbitrator’s decision shall be advisory only with the City Manager retaining jurisdiction to make a final determination as set forth below.

11. Within thirty (30) calendar days of the receipt of arbitrator’s findings and recommendations, the City Manager shall adopt, amend, modify or reject, in whole or part, the arbitrator’s findings and/or conclusions. Prior to making a decision which rejects or modifies in whole or part, the findings and/or recommendations of the arbitrator, the City Manager shall review the transcripts of the arbitration hearing. The City Manager shall not conduct a de novo hearing. The decision of the City Manager shall be administratively final and conclusive and is subject to the provisions of Code of Civil Procedure Section 1094.6.

Copies of the City Manager’s decision shall be served on the grievant and the department DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 24

and shall be filed, along with the arbitrator’s recommendations and finding, in the employee’s personnel file, unless the matter involved discipline and the discipline was not upheld by the City Manager.

12. The City shall bear the cost of a mandatory court reporter. The City shall bear the cost of transcripts that are required by the City Manager or the arbitrator. Each party shall bear its own costs where the ordering of transcripts is a voluntary act. Each party shall bear its own witness and attorney fees. Additionally, each party shall equally share all fees and costs billed by the arbitrator.

13. It is specifically agreed and acknowledged by the parties that failure by the grievant to strictly comply with the time limitations for taking action in connection with review of a grievance, shall be considered a jurisdictional defect and shall result in a waiver by the grievant of any and all appeal rights, regardless of how brief or minimal is the failure to comply with the time limitations. The department shall not be required to show or prove the suffering of any prejudice as a condition precedent to strictly enforcing the time limitations described herein. In any case where the department or city does not strictly comply with the time limitations described herein, then the grievant’ s remedy shall be movement of the grievance process to the next higher level. In no case shall failure by the department/city to comply with the time limitations described herein, result, in and of itself, in a finding adverse to the department/city.

14. In any case where a party or potential party disputes the arbitrability/jurisdiction of a grievance, said dispute shall not be resolved by the arbitrator, but shall be first resolved though civil proceedings.

E. FORMAL LEVEL III: CITY MANAGER OR DESIGNEE

1. If the grievant is not satisfied with the disposition of the grievance at Level I, or if no decision is rendered within the designated time period in Level I, the grievant may forward the written grievance to the City Manager or his/her designee within ten (10) days after the decision at Level I or twenty (20) days after the grievance was presented, whichever is later.

2. Within ten (10) days after receipt of the written grievance by the City Manager, a personal conference with the grievant shall take place upon the request of the grievant or the City Manager. Within fifteen (15) days after receipt of the grievance or ten (10) days after the date of the Level I meeting, whichever is later, the City Manager or his/her designee shall render a written decision to the grievant and shall transmit a copy to the Association.

F. GENERAL PROVISIONS

1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as a maximum, and every effort should be made to expedite the process.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 25

2. Failure by the grievant to meet any of the specified timelines shall constitute a withdrawal of the grievance. Failure by the City to meet any of the specified timelines shall entitle the grievant to appeal to the next level of review.

3. The time specified, however, may be extended by mutual consent.

4. The grievant is entitled to representation of his/her choice at any point in the grievance procedure.

5. Any member of the unit may at any time present grievances to the employer and have such grievances adjusted without the intervention of the exclusive representative as long as the adjustment is not inconsistent with the terms of this contract; provided that the City shall not agree to a final resolution of the grievance until the exclusive representative has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

6. Neither party shall take reprisals against any member of the Association, Association representative, management person, or any other participant in the grievance procedure by reason of such participation.

ARTICLE 40.

AGENCY AUTHORITY
The authority of the City includes, but is not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or other representatives from consulting or raising grievances over the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. (Ord. 657, 55, 1973; Rialto Municipal Code 2.51.050).

ARTICLE 41.

AGENCY PERSONNEL RULES
It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices and benefits which establish uniform and orderly methods of communications between the City and its employees for the purpose of promoting employer- employee relations, which will continue in effect, except for those provisions modified by the City Council in accordance with State laws, orders, regulations, official instructions or policies. Rialto Municipal Code Chapter 2.51.080 provides for advance notice of proposed changes. Provision is also made for emergency cases.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 26

ARTICLE 42.

NON-DISCRIMINATION
The parties agree that there shall be no discrimination in employment as follows:

No person in the competitive service or seeking admission thereto shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of race, national origin, color, sex, age, disability, religious belief, political opinions or affiliations.

An Equal Opportunity Program is in effect in the City of Rialto, and it is the policy of the City of Rialto that only qualified persons available are selected for position assignments without prejudice or discrimination by reason of race, color, sex, age, religious belief, political affiliation, national origin or disability.

It is agreed that the above language also protects employees involved in Association activities.

ARTICLE 43.

MAINTENANCE OF EXISTING BENEFITS
Except as herein provided, all wages, hours, working conditions, benefits, privileges, and other terms and conditions of employment enjoyed by affected employees prior to the effective date hereof shall remain in full force and effect during the entire term of this MOU unless mutually agreed to the contrary by both parties.

ARTICLE 44.

SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall, except as herein provided, supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel resolutions, oral or written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder except as provided otherwise herein. This Memorandum of Understanding is not intended to conflict with Federal or State law.

ARTICLE 45.

OVERTIME
A. REGULAR OVERTIME
For any work performed in addition to regular work hours, including shift coverage overtime for regular duty, the employee is entitled to overtime pay at time and one-half and may choose either time and one-half compensation (cash) or time and one-half compensatory time (comp time).

Command staff members may choose to be compensated in time and one-half compensation (cash or comp time) for additional staff/office work performed outside of their normal work schedules (not to include staff and officers’ meetings). All such work is subject to prior DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 27

approval by the Fire Chief. Unit members will be given the right of first refusal for any shift fill in the Shift Battalion Chief Position. In addition to regular work hours, Fire Division Chief and Administrative Battalion Chiefs may work operational overtime shifts for Shift Battalion Chiefs for time and one-half compensation or time and one-half compensatory time (comp time).

Overtime compensation for Administrative Battalion Chiefs shall be equivalent to Shift Battalion Chiefs’ hourly rates, and overtime compensation for Fire Division Chiefs shall be equivalent to Fire Division Chiefs’ hourly rates on a shift schedule. Overtime is adjusted to the nearest one-quarter (¼) hour for purposes of payment or posting to an employee’s time record.

B. STRIKE TEAM LEADER ASSIGNMENTS
Overtime shall be compensated at time and one-half for all operational time worked by Fire Division Chief, Shift Battalion Chiefs, and/or Administrative Battalion Chiefs on strike team assignments and 100% cost recoverable of wages for incidents where a public agency has financial responsibility for mutual aid and has agreed to reimburse such positions at an overtime rate. Overtime shall be payable to the employee on his/her next regularly scheduled pay period.

Back-fill shifts for personnel filling in for staff assigned to a Strike Team will also be paid overtime compensated at time and one-half.

C. CALL BACK
Employees shall receive a minimum of three (3) hours overtime (the employee may choose either straight-time compensation or straight-time compensatory time) any time they are called back to duty to fulfill an operational role. Call-back time is calculated from the time the call is received by the employee to respond.

D. CONTRACTED ASSIGNMENTS
Overtime shall be compensated at time and one-half for all operational time worked by employees on contract assignments reimbursed at time and one-half. Overtime shall be payable to the employee on his/her next regularly scheduled pay period. Back-fill shifts for personnel filling in for staff assigned to a Contract Assignment will also be paid overtime compensated at time and one-half rate provided that the Contract allows for back-fill overtime to be paid at time and one-half rate.

ARTICLE 46.

TRAINING
If attendance at classroom training sessions and other meetings (as determined by the Fire Chief and/or designee) on off-duty time is voluntary, overtime for employees is not recognized. If attendance is mandatory for employees, time shall be compensated at straight time.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 28

ARTICLE 47.

TRADING TIME
Subject to authorization of the Fire Chief, Fire Battalion Chiefs may trade time with other employees of equal position. Trading time shall be agreeable with both parties and shall be requested in a memorandum signed by both employees requesting the trade.

ARTICLE 48.

RIALTO FITNESS CENTER
Employees, employees’ spouses, retirees, and retirees’ spouses shall be allowed free use of the Rialto Fitness Center during normal operating hours as long as the City has managerial control of the facility. Employees, employees’ spouses, retirees, and retirees’ spouses shall adhere to the same regulations regarding reservations and the use and care of the facilities as the general public.

ARTICLE 49.

LAYOFFS, POSITION ELIMINATION, & RECLASSES
Layoffs. There will be no layoffs, position eliminations, reclassifications, or other attempts to eliminate personnel, within this bargaining unit, for the term of this MOU. The City and RFMA agree to meet and confer regarding any reassignment of a Fire Division Chief or a 56-hour per week shift Battalion Chief to a 40-hour per week Administrative Battalion Chief, or vice-a-versa.

ARTICLE 50.

STAFF / TAKE HOME COMMAND VEHICLES
A. Staff/Take Home Command Vehicles.

B. The following positions shall be required to take home a response-ready command staff vehicle:
a. Fire Division Chief
b. Shift Battalion Chief
c. Administrative Battalion Chief
d. Emergency Medical Services Coordinator
e. Fire Marshal

C. Employees shall not be permitted to take home command vehicles if they live greater than 55 air miles from the city limits of Rialto.

D. Employees assigned to take home vehicles shall be allowed de minimis personal use of such vehicles because of being subject to callback status.

ARTICLE 51.

WELLNESS PROGRAM
A. Participation in a physical fitness/wellness program shall be voluntary by employees assigned to shift duty.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 29

B. Employees on the administrative schedule (40-hour week) may participate in a physical fitness/wellness program as approved by the Fire Chief.

ARTICLE 52.

SHIFT BATTALION CHIEF POSITION FILL
Shift Battalion Chiefs shall not be included in Local #3688’s Constant Staffing program.

ARTICLE 53.

FIREFIGHTER BILL OF RIGHTS
The City recognizes that all the rights afforded to Firefighters under Assembly Bill #220 (Bass, Firefighters, Chapter 591), commonly known as the Firefighter’s Bill of Rights, shall apply to all employees.

ARTICLE 54.

DISCIPLINARY OVERTIME LIMITATIONS
Disciplinary actions for all employees restricting overtime shall not exceed one (1) pay period per each three (3) shifts of suspension without pay and shall not exceed two (2) pay periods in any consecutive twelve (12) month period.

ARTICLE 55.

EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
The Association recognizes the Employer-Employee Relations Resolution No. 1506.

A. Sections 26 and 28 shall not apply to this Bargaining Unit.

B. MOU provisions which are in conflict with this Resolution take precedence over the Resolution.

C. The Negotiating Team for the Association Bargaining Unit shall consist of no more than four (4) active employees.

D. City shall allow a reasonable number of Association representatives reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the public agency on matters within the scope of representation or to address grievances and/or disciplinary matters, if on duty. In the City Manager’s or Fire Chief’s sole discretion, they may grant paid time off for Negotiating Team and/or Executive Board members, for said members to utilize to handle Association business and training as staffing allows.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 30

ARTICLE 56.

ACTING PAY
A. After eighty (80) consecutive working hours in a higher classification, an affected employee shall be compensated for working in the acting classification at a rate that is the lowest step of the higher classification that pays more than the employee currently receives in the lower classification. Such increase must be at least five percent (5%) above the employee’s current pay, retroactive to the first date of the acting status. At such time the employee no longer works in the acting assignment, he or she shall be compensated at his or her regular rate of pay for his or her pertinent classification.

B. Acting pay shall not be available to an employee working less than 80 consecutive working hours in a higher classification.

C. When an employee is assigned to “acting Fire Division Chief” or “acting Fire Chief”, he/she will be deemed exempt from receiving any overtime compensation while working in the capacity of “acting Fire Division Chief” or “acting Fire Chief”, unless the “acting Fire Division Chief” is covering for the Shift Battalion Chief (per Article 44). The employee, however, shall remain part of the bargaining unit and shall receive all benefits as proscribed in this MOU.

ARTICLE 57.

NATIONAL FIRE ACADEMY COMPENSATION
Any employee who first obtains approval from the Fire Chief and attends the National Fire Academy shall be provided with per diem for meals, shift coverage, and time with pay.

ARTICLE 58.

ONGOING LABOR DISCUSSIONS
A. As a limited reopener to meet and confer to add MOU language including City and Association obligations under AB 119 and SB 866.

B. As a limited reopener during the term of this MOU, the parties agree to continue to discuss classification and compensation of the unit.

C. Beginning, September 14, 2020, the parties agree there will be a Monday – Friday, ten (10) hours / day work schedule and that each unit (Department/Division) will work with their respective Department Supervisors to ensure staffing for each workday is adequate and confirmed.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 31

This Memorandum of Understanding shall become effective upon approval by the City Council and the Rialto Fire Management Association.

FOR THE CITY: FOR THE ASSOCIATION:

________________________________ ______________________________ Rod Foster Matt Blanco
City Manager Association President

Date: ___________________________

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A 7/21/2020

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 32

Appendix “A”
Training Certifications, CSFM, NFA to EMS Equivalencies Step One
Strike Team Leader California Fire Chiefs EMS Leadership Academy o EMS System Overview
o Fire Service EMS Responsibilities
o Interest Based Negotiations
o Essentials of Leadership
o History and Mandates
o Labor Relations
o Ethics and EMS
o EMS Management fundamentals
Step Two
CSFM Chief Officer
CSFM-Safety Officer All Risk- S404
CSFM Firefighter 2
CSFM Fire Instructor 1A and 1B
NFA R0150 Management of Emergency Medical Systems NFA
R0147 Emergency Medical Services Incident Operations

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 33

APPENDIX B

PERSONAL PROTECTIVE EQUIPMENT
The City of Rialto shall provide safety employees of the Union with Personal Protective Equipment (“PPE”), including, but not limited to, the following:

All PPE must meet the NFPA requirement specific to each item.

Structural Firefighting Gear:
(2) Coats
(2) Pants
(2) Pairs of Gloves
(2) Gore Particular Hood
(1) Pair of Boots (Pro Warrington 5006 or equivalent)
(1) Helmet with Eye Protection and ID Shield
(1) SCBA Mask
(1) Flashlight (Streamlight Polytac 90 or equivalent)
Wildland Firefighting Gear:
(1) Coat
(2) Pant (Crewboss BDU Nomex IIIA Pants) or equivalent
(2) Shirt (Crewboss Nomex IIIA Brush Shirt) or equivalent (1) Pant (BDU Workrite pants Navy Blue 428NX-75-NB or equivalent) (1) Helmet with Eye Protection
(1) Pair of Gloves
(1) Face/Respiratory Protection
(1) Pair of Boots (White’s Boots Original Smoke Jumpers or equivalent) (1) Mystery Ranch Shift Plus 900 Wildland Pack or equivalent (1) Fire Shelter

Miscellaneous Gear:
(2) EMS Pants (TECGEN Level 1 Rescue Pants) or equivalent (1) 511 First Responder Jacket or equivalent

The City of Rialto shall provide non-safety employees of the Union with Personal Protective Equipment (“PPE”), including, but not limited to, the following:
(1) Portwest Hi-Vis Traffic Jacket or equivalent
(1) EMS pants (TECGEN Level 1 Rescue Pants) or equivalent

“Equivalent”- If the stated Personal Protective Equipment (PPE) is discontinued then the City will provide an equivalent PPE based on the discontinued equipment’s dollar amount.

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 34

APPENDIX C
WORKERS’ COMPENSATION-RELATED ALTERNATIVE DISPUTE

RESOLUTION AGREEMENT

THIS LABOR MANAGEMENT WORKERS' COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ("Agreement") by and between the Rialto Fire Management Association ("RFMA") and the City of Rialto ("City") is pursuant to California Labor Code §3201.7(a)(3).

Article I: Purpose
The purposes of this Agreement are:

1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code ("Workers' Compensation Law") with an expedited procedure to resolve disputes in accordance with the provision of the Agreement and to facilitate those employees' prompt recovery and return to work;

2. To reduce the number and severity of disputes between RFMA, City and covered employee, when those disputes relate to workers' compensation;

3. To provide workers' compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs for RFMA and City;

4. To provide RFMA and covered employees with access to mediators so that legal disputes can be resolved informally and more expeditiously.

These purposes will be achieved by:
a. Utilizing an exclusive list of medical providers to be the sole and exclusive source of medical-legal evaluations for disputed issues surrounding covered employees in accordance with Labor Code §3201.7(c).

Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows:

Article II: Term of Agreement
The City and RFMA enter into this Agreement with the understanding that the law authorizing this Agreement is new and evolving. The parties further understand that this Agreement governs a pilot program and that it shall become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers' Compensation in accordance with Title 8, California Code of Regulations DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 35

§10202(d), and accepted by the Administrative Director as evidenced by the Director's letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for one year from the date of the Administrative Director's letter of acceptance to the parties. Thereafter, it shall continue and remain in force from year to year unless terminated by either party as provided for below. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved.

The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the Legislature. The terminating party must give thirty (30) calendar days written notice to the other party of the intent to terminate. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the applicable Labor Code provisions to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein.

Article III: Scope of Agreement

1. This Agreement applies only to injuries, as defined by Workers' Compensation Law, claimed by the following referred to herein as "Covered Individuals" (a) active employees (b) retirees and (c) active employees and retirees where a petition to reopen a pre-existing claim to seek new and further disability or to reduce a prior award is filed after the effective date of this agreement. Existing medical treatment disputes prior to the date of this Agreement, may be included within the Program on a case-by-case basis, determined by the JLM. The scope of this Agreement does not apply to retirees that have a future medical dispute that is outside the five-year statute of limitations or Labor Code §5804.

2. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement.

3. This Agreement is restricted to (a) establishing an exclusive list of medical providers to be used for medical and medical-legal dispute resolution of Covered Individuals, (b) establishing an exclusive list of mediators to be used for legal dispute resolution of Covered Individuals, (c) establishing a process for informal legal discovery in accordance with Article VII, in accordance with Labor Code §3207.1(c).

4. For purposes of this Agreement a "claimed injury" is one for which either (a) DWC-1 workers' compensation claim form has been filed with the City and Third Party Administrator ("TPA") or (b) an Application for Adjudication of Claim has been filed with the Workers' Compensation Appeals Board ("WCAB").

DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 36

Article IV: Expedited Medical-Legal Process

1. Physicians who serve in the capacity as Independent Medical Examiners ("IME") pursuant to this Agreement will receive enhanced compensation for services performed as outlined in the physician contract in exchange for expedited examinations and report preparation.

2. This Agreement does not constitute a Medical Provider Network ("MPN").

However, all employees must utilize the City's current MPN for treatment purposes during the time the City maintains and utilizes the MPN. The MPN is governed by Labor Code §4616 et seq. Physicians who act as a Covered Individual's treating physician or have provided treatment to the Covered Individual shall not act as the Independent Medical Examiner (IME) in the Covered Individual's claim. Pre-designation of a physician must comply with the requirements set forth in Labor Code §4600(d)(1).

3. All employees with a disputed medical issue as described in Article IV Paragraph 5 must be evaluated by an approved physician from the exclusive list of IME's. Should the employee claim injuries requiring more than one medical specialist, the employee shall be provided an IME appointment in each area of specialty. If the IME requires the opinion of an additional sub-specialist, the IME shall refer the employee to a physician of the IME's choice, who need not be on the IME list or in the MPN. The consulting specialist charges are subject to the Official Medical Fees Schedule (OMFS). When using the services of an additional sub-specialist the agreed-upon thirty (30) day for appointments and thirty (30) day for reporting timeframes do not exist. The parties will make an effort to expedite the examination dates for the sub-specialist. The IME may not refer the employee to his treating physician for this purpose.

4. The exclusive list of IME's shall include the specialties as agreed upon by the parties.

5. An IME shall be used for all medical disputes that arise in connection with a workers' compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work (including transitional duty), current and future medical care, and resolution of all disputes arising from utilization review, pursuant to Labor Code 4062(b).

The parties agree that the Covered Individual shall use the originally chosen IME for all subsequent disputes and injuries claimed arising under this Agreement. In the event that said IME is no longer available, the parties shall utilize the next specialist on the list pursuant to Article IV, Paragraph (10)(e), as set forth herein. The parties agree that if the covered member has different DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 37

claimed parts of body, the appropriate IME in specialty will be utilized to address the different parts of body.

6. The IME process described above will be triggered when either party provides the other written notice of an objection in connection with any issues set forth in Article IV Paragraph 5 above. Objections from the City shall be sent to the employee with a copy to the employee's legal representative if represented.

Objections from the employee or employee's legal representative shall be sent to the employee's assigned claims examiner with a copy to the City and City's legal representative, if applicable.

7. Objections shall be sent within thirty (30) calendar days of receipt of a medical report or a utilization review decision addressing any of the issues set forth above. A letter delaying acceptance of the claim automatically creates a dispute.

Further, all denials and/or delays of benefits including decisions from Utilization Review modifying or denying medical treatment automatically creates a dispute.

Delayed decisions based on legal issues shall not trigger the IME process. A subsequent acceptance of the claim and/or resolution of the disputed issue may eliminate the need for completion of the dispute resolution process set forth in this Agreement.

8. The exclusive list of IME's shall serve as the exclusive source of medical-legal evaluations for all disputed medical issues arising from a claimed injury, unless otherwise agreed to by the parties in writing.

9. The parties hereby agree that during the quarterly committee review meetings, the exclusive list of IME's may be amended. For either party to propose adding an IME to the exclusive list of medical providers, the party must provide notice, in writing, to the other party of its request to add a physician to the list. The parties must mutually agree in writing to the addition of physicians to the IME list. A physician may only be deleted from the exclusive list of medical providers if s/he breaches the terms and conditions of the contract with the City or by written mutual agreement of the parties. The list shall be reviewed quarterly by the JLM from the execution date of the Agreement for additions and deletions of newly selected or deleted IME's. Any IME proposed for consideration of addition or deletion after the review period will be reviewed at the next internal review period of the JLM unless there is a breach of terms and conditions of the Agreement or by mutual written agreement of the parties.

10. Appointments:
a. City Risk Management/TPA shall schedule appointment(s) with the IME and provide notice of the appointment within ten (10) calendar days of the DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 38

date of receipt of the objection issued by any party subject to the terms and provisions of this Agreement. The notice of the appointment location, date and time shall be sent to the employee and to his legal representative, if applicable.
b. The employee shall be responsible for providing City Risk Management/TPA with his/her work schedule prior to an appointment being made.
c. Compensation for attending medical appointments under this Agreement shall be consistent with existing City MOU and policy and practice. d. Mileage reimbursement to covered employees shall be in accordance with Labor Code §4600(e) (2), unless City provides transportation. e. For purposes of appointments, City Risk Management/TPA shall select the IME(s) by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time City Risk Management/TPA will resume using the first name on the list. f. The IME shall submit the medical reports thirty (30) days following examination of the employee, pursuant to the contract terms, unless the parties agree to a longer period of time.

11. The City is not liable for the cost of any medical examination used to resolve the parties' disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement.

Medical evaluations shall not be obtained outside of this Agreement for disputes covered by this Agreement, notwithstanding Labor Code §4605.

12. Both parties shall be bound by the opinions and recommendations of the IME selected in accordance with the terms of this Agreement, subject to legal challenges brought by the parties.

13. Either party who receives records prepared or maintained by the treating physician(s) or records, either medical or non-medical, that are relevant to the determination of the medical issue shall serve those records on the other party immediately upon receipt. If one party objects to the provision of any non- medical records to the IME, the party shall object within twenty (20) calendar days of the service of the records. Objection to the provision of non-medical records may result in the denial of the claim on the basis that the IME did not have complete and accurate information. There shall be no objection to the DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 39

provision of medical records to the IME, subject to the provision of the Labor Code.

14. The City's TPA shall provide to the IME records prepared or maintained by the employee's treating physician(s) and medical and nonmedical records relevant to the determination of the medical issues(s). The City's TPA shall prepare a list of all documents provided to the IME and shall serve a copy of the list on the employee and/or on his/her representative.

15. All communications with the IME shall be in writing and shall be served on the opposing party. This provision does not apply to oral or written communications by the employee or, if the employee is deceased, the employee's dependent, in the course of the examination or at the request of the evaluator in connection with the examination, or to administrative communications with the IME's staff.

16. Ex parte communication with the IME is prohibited. If a party communicates with the IME in violation of Paragraph 15 and 16 of Article IV, the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from the next IME chosen from the list pursuant to Paragraph 10(e). If a new examination is required, the party making the communication prohibited herein may be liable for the cost, pursuant to Labor Code §5811, or as ordered by the WCAB.

17. If either party disputes a medical or medical-legal finding of the IME, they shall notify the other party of this dispute by way of written objection within thirty (30) calendar days of actual receipt of the IME's report. All disputes of this nature shall be resolved either by way of supplemental interrogatory and report or by way of deposition.

Article V: Mediation

1. Any party subject to the provisions of this Agreement may request mediation in accordance with the provisions set forth herein. Mediation is an informal, confidential process in which a neutral party assists the other parties in understanding their own interests, the interests of the other party, and the practical and legal realities each party faces. The mediator helps the parties explore options and arrive at a mutually acceptable resolution of the dispute. The parties agree that WCAB retains jurisdiction to approve all settlements, awards, and orders achieved through mediation.

2. Mediation is voluntary and both parties must agree to mediate a particular issue or matter in order for mediation to proceed.

3. The mediation process shall only be triggered when both parties are represented; the mediation process shall be triggered when one party gives the other written notice of DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 40

their desire to engage in mediation in connection with any issue including, but not limited to, any purely factual or legal defense involving a determination of causation, applicability of a presumption, whether a medical report constitutes substantial evidence, disputes involving average weekly wage or the rate of pay for Labor Code §4850 benefits, temporary disability benefits, whether an apportionment is valid, disputes over a permanent disability rating, disputes over occupational group numbers, credits for claimed overpayment of benefits, determination of dependency status in death claims, penalties, issues involving alleged serious and willful misconduct, issues involving potential violations of Labor Code §132(a), discovery disputes, and questions involving jurisdiction.

4. It is the specific intent and desire of the parties that the mediation process set forth herein be flexible and is designed as a means to resolve factual and/or legal disputes that are not amenable to resolution through the expedited medical-legal process. The potential issues listed in Paragraph 3 of Article V is not meant to be all inclusive but is merely a listing of issues likely to be the most common particularly suited for mediation.

Upon mutual agreement of the parties, any issue typically encountered in the California workers' compensation system can be deemed appropriate for mediation in accordance with the provisions of the Agreement.

5. Upon receipt of an official request to mediate, the non-requesting party shall have a period not to exceed fifteen (15) calendar days within which to either accept or reject the request to mediate. If no response is provided within the fifteen (15) calendar day period, the request shall be deemed to have been rejected. Any response to a request to mediate from the City shall be sent to the employee with a copy to the employee's legal representative. Any response to a request to medicate from the employee or employee's legal representative shall be sent to the employee's assigned claims examiner with a copy to the City and City legal representative.

6. If both parties agree to mediate an issue or issues, within fifteen (15) calendar days of such agreement being reached, mediation of said issues will be assigned to a mediator from the approved Mediator Panel.

7. Mediator selection is completed by starting with the first name from the Mediator Panel and continuing down the list, in order, until the list is exhausted, at which time City Risk Management/TPA shall resume using the first name on the list. City Risk Management/TPA shall notify all parties of the selection and assignment of a mediator within ten (10) calendar days of such assignment having been made.

8. Mediators will be paid at a rate of $300.00 per hour. All costs associated with the mediation shall be paid by the City.

9. Within five (5) calendar days of the selection of a mediator, the selected mediator shall be notified by the City Risk Management/TPA of his/her selection. The selected DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 41

mediator shall then schedule the date, time, and location of the mediation with the parties.

10. The mediation must take place within forty-five (45) calendar days of notification having been sent to the mediator of his/her selection, unless this time limit is waived by both parties. If the selected mediator is either unable or unwilling to schedule mediation within this forty-five (45) calendar day period, a new mediator shall be selected from the Mediator Panel from the next mediator available on the list, pursuant to the provisions of Paragraph 7.

11. The procedure, process, format, general nature of the mediation, the issues to be mediated, and the manner in which the mediation shall be conducted will be within the sole discretion of the mediator.

12. Mediation briefs shall not be mandatory but are strongly recommended and shall be a useful tool to assure that the mediator fully understands the issues involved and each party's respective positions in regards to each issue. Mediation briefs should be submitted to the mediator no later than ten (10) calendar days prior to the mediation.

No specific format for a mediation brief is required. Mediations briefs may be formatted and submitted as either a formal pleading or in an informal letter brief format.

13. If the mediation is successful at resolving the dispute, a summary of the mediation shall be prepared by the Mediator, setting forth the specific issues presented for the mediation, a general description of how the mediation was conducted, length of time of the mediation, and the resolution or settlement reached. A copy of this Mediation Summary shall be served upon the employee, the employee's legal representative, to the employee's assigned examiner, and to City Risk Management and the City's legal representative.

14. If the mediation is unsuccessful at resolving the dispute, either party may seek to have the issue or issues adjudicated by the WCAB by filing a Declaration of Readiness to Proceed, in accordance with the Rules and Regulations governing WCAB hearings, as set forth in the Labor Code and the California Code of Regulations.

15. Although the mediation process is completely voluntary, it is expected that if the parties mutually agree to mediate an issue or issues, both parties shall abstain from filing a Declaration of Readiness to Proceed, with respect to said issue or issues, with the WCAB until completion of the mediation process, as set forth above.

Article VI: Discovery

1. Covered individual shall provide City Risk Management/TPA with fully executed medical, employment and concurrent employment releases, disclosure statement and any other documents and information reasonably necessary for the City to resolve the DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A

Rialto Fire Management Association Memorandum of Understanding July 1, 2019 – June 30, 2021 Page 42

employee's claim, when requested. If the employee fails to return the release and it is determined that the medical information is not sufficient for the IME to provide a comprehensive evaluation, the parties shall meet to resolve the issue(s) prior to setting an evaluation. This Article does not supplant or diminish the parties' right to pursue or contest discovery issues pursuant to the remedies provided in the Labor Code, through mediation or the WCAB.

2. This Agreement does not preclude a formal deposition of a covered employee or an IME when necessary. Attorney's fees for depositions of covered employees shall be paid at the rate of $325 per hour, consistent with Labor Code §5710. This rate of reimbursement for attorney's fees for depositions of covered employees is subject to an annual review to determine if adjustments to said rate of reimbursement should be made.

There shall be no attorney's fees for depositions of physicians or IME's.

Article VII: General Provisions

1. This Agreement constitutes the entire understanding of the parties and supersedes all other agreements, oral or written, with respect to the subject matter in this Agreement.

2. This Agreement shall be governed and construed pursuant to the laws of the State of California.

3. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing signed by the parties which expressly refers to this Agreement.

4. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect.

5. [RESERVED]

Notice required under this Agreement shall be provided to the parties as follows:

City: City Administrator (or designee)
150 S. Palm Ave.

Rialto, CA 92376

RFMA: Union President (or designee)
Rialto Fire Management RFMA
150 S. Palm Ave.

Rialto, CA 92376
DocuSign Envelope ID: CBC89FAF-B13F-4E52-B0CE-FB7DC054019A