Richmond City Council
October 18, 2022

October 18, 2022
Disclaimer: The amounts in this staff report are preliminary estimates and are subject to change. The goal of this staff report is to inform the City Council regarding the year-end activities and receive approval for the year-end actions to better position the City of Richmond financially.

DISCUSSION:

In conjunction with the annual audit, the year-end clean-up is the process of making necessary adjustments to the budget, actual revenues and actual expenditures, and changes to the fund balance prior to the official closing of the fiscal year and issuance of the Annual Comprehensive Financial Report (ACFR). Adjustments are determined by thorough analysis of the budget and actual activity that has occurred over the fiscal year. This is to ensure that year-end financial results are accurately represented in the ACFR and the City Council approval is acquired before using the Operating Surplus to clear the historic negative cash in non-general funds. The agenda item is also to obtain the City Council approval to convert some commitments and assignments in the fund balance to unassigned.

General Fund: Revenues & Expenditure
The FY 2021-22 General Fund is estimated to have an operating surplus of $27,041,113 due to revenues exceeding the estimated projections and expenditures coming in lower than budgeted. Total revenues are estimated to exceed earlier projections by 6 percent due to better-than-expected property, sales & use tax, utility user tax, and other taxes. Total expenditures are below budget by 10 percent. Major source of the positive variance are salary & benefits, professional services, and operating transfers out.

October 18, 2022
Table 1: FY2021-22 Revenue and Expenditure (Unaudited Preliminary Amounts, Subject to Change)
Negative Cash
There are several funds with negative cash balances; however, many funds are expected to recover from the negative cash balances in future years, while other fund ACCOUNT DESCRIPTION Original Budget Revised Budget Estimated Actual % Used
PROPERTY TAXES 47,460,890 45,233,561 47,362,317 105%
SALES & USE TAX 50,060,211 51,993,736 53,453,323 103%
UTILITY USERS TAX 45,452,324 46,522,663 48,373,587 104% OTHER TAXES 18,269,102 20,953,343 26,573,076 127%
LICENSES PRMITS&FEES 11,806,326 10,354,335 11,132,527 108% FINES & FORFEITURES 550,000 468,897 405,439 86%
USE OF MONEY&PROPRTY 236,079 236,079 168,426 71%
CHARGES FOR SERVICES 3,383,931 3,424,459 3,752,529 110% OTHER REVENUE 158,977 1,473,927 804,601 55%
RENTAL INCOME 733,206 747,268 797,763 107%
INTERGOV STATE TAXES 90,000 90,000 127,228 141%
INTERGOV STATE GRANT 160,000 187,878 219,234 117%
INTERGOV OTHER GRANT 153,569 153,569 272,254 177%
PROC FR SLE PROP 100,000 100,000 6,788 7%
LOAN/BOND PROCEEDS - 36,400 93,800 258%
OPER XFERS IN 9,856,182 10,204,224 9,859,938 97%
Total Revenues 188,470,796 192,180,338 203,402,830 106% SALARIES AND WAGES 75,424,602 75,790,274 70,437,323 93% PYRLL/FRINGE BENEFIT 62,145,202 62,136,825 60,166,323 97% PROF & ADMIN 11,201,880 16,993,833 10,651,402 63%
OTHER OPERATING 10,680,893 7,222,218 5,441,249 75%
UTILITIES 4,565,743 5,009,003 4,739,848 95%
EQPT & CONTRACT SVCS 2,628,158 2,561,348 2,153,676 84%
PROVISN FOR INS LOSS 25,725 27,673 26,673 96%
COST POOL 14,130,436 14,455,436 14,130,436 98%
ASSET/CAPITAL OUTLAY 1,602,890 1,451,585 1,033,373 71%
DEBT SVC EXPENDITURE 1,065,359 1,065,359 1,054,108 99%
A87 COST PLAN REIMBS (3,516,104) (3,516,104) (3,471,526) 99% GRANT EXPENDITURES 2,500 82,500 90,781 110%
OPER XFERS OUT 7,884,939 12,801,419 9,908,051 77%
Total Expenditures 187,842,223 196,081,371 176,361,718 90% Net Surplus/(Deficit) 628,573 (3,901,032) 27,041,113

October 18, 2022
balances are not expected to recover. As mentioned above, the General Fund is estimated to end FY 2021-2022 with an operating surplus of $27,041,113. This is an opportunity to cure some of historic negative cash balances in other funds and to make budgetary adjustments. City staff is requesting to use part of the estimated General Fund surplus balance from FY 2021-2022 to clear out negative cash balances in the funds below:
 Fund 1051-Engineering Cost Recovery: This fund is currently inactive but had deficit spending between 2014 and 2019, which totaled $3,489,599.  Fund 4006-Stormwater: The fund has significant liability due to an advance payment from the 5003-Risk Management Reserve Fund of $2,654,027. The advance payment liability has been growing annually due to interest accrual.

Although Fund 4006 has gradually improved over time due to a strict control on expenditures, it is not likely that the fund will be able to pay-off the loan from the Risk Management Reserve Fund. Another possible solution to cure this negative balance is to have a stormwater rate increase which would require voter approval.
 Fund 4501-Richmond Housing Authority (RHA) Administration: The City acquired a building on 360 S. 27th Street from RHA and as part of the repayment agreement dated January 25, 2022 (Resolution 21-53), the City will transfer $307,650 equivalent to fair market value for the building to RHA.  Fund 6999-Payroll Liabilities: Various payroll related liabilities were posted to this fund. The charges belong to many different funds; however, about half the total amount is due to General Fund related payroll amounts. City staff recommends making a correction by clearing the entire balance of $104,908 by using the FY 2021-22 General Fund operating surplus.

Year-End Clean-Up Administrative Budget Adjustments
As part of the year-end fiscal close, the City staff identified several General Fund and Non-General Fund budget adjustments. A complete list of the budget adjustments is listed in the attached Resolution (Attachment 1). Total General Fund adjustments including the negative cash write-off, OPEB Trust contribution, and administrative adjustments equate to $12,771,275. The total Non-General Fund adjustments total $4,825,437.

Fund Balance
The Governmental Accounting Standards Board Statement No. 54 (GASB 54) defines five distinct classifications of fund balances, applicable to governmental funds only, as follows:

October 18, 2022

CLASSIFICATION NATURE OF DESIGNATION
Non-Spendable Cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to remain intact
Restricted Restriction either externally imposed or imposed by law through constitutional provisions or enabling
legislation
Committed Reserved for specific purposes pursuant to constraints imposed by formal action of the City Council
Assigned Reserved by the City Council or City Manager for specific purposes, but neither restricted nor committed Unassigned Residual balance not classified in any of the above categories and has not been restricted, committed, nor
assigned to specific purposes
Committed and Assigned Fund Balance (Set-Asides)
The fund balance in the City’s General Fund currently has set-asides in Committed and Assigned designations of the Fund Balance. The set asides were created to assure funding availability for specific reasons at the time of creation. However, due to betterthan-expected revenues and savings in expenditures, most of the expenditures were covered by the FY2021-2022 revenues, hence, City staff recommends releasing the following set asides from the Committed and Assigned section and moving those funds to the Unassigned (Reserve) section of the fund balance (See table 2).  Resolution No. 25-20, COVID-19, $1,332,367: The original purpose of the commitment was to cover COVID-19 related expenses. The City’s significant COVID-19 related expenditures were covered form the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) monies. Now that the pandemic appears to be winding down and it is unlikely to have significant fiscal impact due to COVID, City staff recommends releasing this commitment.  Resolution No. 78-21, Reimagining Public Safety, YouthWORKS, $233,934: The Reimagining Public Safety programs were funded through the ongoing revenues and the fund balance assignment is no longer needed.
 Resolution No. 78-21, One-time Staff Payments, $406,667: The amount is the remaining balance from the originally appropriated amount of $2,300,000. All of the one-time staff bonuses were paid and the balance is recommended to return to the Unassigned fund balance.
 Resolution No. 126-21, Measure U Shortfall, $2,000,000: Actual Measure U revenue exceeded the projections contrary to the expected shortfall; therefore, the assignment is recommended to return to Unassigned fund balance.  Resolution No. 126-21, Additional Expenditures, $229,000: Additional personnel costs resulting from miscellaneous employees bargaining units’ final contracts

October 18, 2022
were covered by the operating revenues contrary to the expectation in the beginning of the FY 2021-2022.

After release of the above-mentioned commitments, the only remaining committed balance for Resolution No. 78-21 is for Community Facility Improvements in the amount of $1,410,485. The commitment is recommended to stay since the improvement projects are still underway and are expected to continue in FY 2022-2023.

There are other categories resulting from financial accounting in these designations that are technical and are not subject to the City Council approval. The Table 2 below lists the City Council approved Commitments and Assignments.

Table 2: Committed and Assigned Fund Balances (Unaudited Preliminary Amounts, Subject to Change)
Reserve Level
According to Government Finance Officers Association (GFOA), to determine an adequate reserve level, an agency should review and analyze the unique circumstances that can impact its funding sources. For example, governments that may be vulnerable to natural disasters, more dependent on a volatile revenue source, or potentially subject to cuts in state aid and/or federal grants may need to maintain a higher than minimum of two months (17%) of the General Fund operating expenditures as reserve. City of Richmond’s analysis around its unique circumstances is continuously being monitored; however, on September 20, 2022, the Council approved an increase to the General Fund minimum required for the reserve level from fifteen percent (15%) to a range of fifteen percent to twenty percent (15%-20%) of the next year’s budgeted total expenditures, including transfers out, which is above the GFOA minimum required of 17 percent.

According to the FY 2021-2022 approved Other Post-Employment Benefits (OPEB) Policy, the City needs to place half of year-end operating surplus after meeting the City’s Minimum Reserve Policy into the OPEB Trust. City staff calculated that under the Descriptions Resolution June 30,
2021
Changes June 30, 2022
Releasing
Assignments
&
Commitments
FY 21/22
Projected
Year-End
COVID-19 25-20 (1,500,000) 167,633 (1,332,367) 1,332,367 - Reimaging Public Safety 78-21 (1,300,000) 1,066,066 (233,934) 233,934 - Community Facility Improvement 78-21 (1,700,000) 289,515 (1,410,485) - (1,410,485) One-time Staff Compensation 78-21 (2,300,000) 1,893,333 (406,667) 406,667 - Contribution to Reserve 78-21 (3,000,000) 3,000,000 - - Committed Fund Balance (9,800,000) 6,416,547 (3,383,453) 1,972,968 (1,410,485) Measure U Shortfall 126-21 (2,000,000) - (2,000,000) 2,000,000 - FY 21/22 Additional Expenses 126-21 (229,000) - (229,000) 229,000 - Assigned Fund Balance (2,229,000) - (2,229,000) 2,229,000 - Grand Total (12,029,000) 6,416,547 (5,612,453) 4,201,968 (1,410,485)

October 18, 2022
OPEB policy, the City is required to transfer $6,102,459 from its General Fund at the end of FY2021-2022.

After all the adjustments (i.e., clearing negative cash balances and transfer to the OPEB trust), Table 3 shows a preliminary estimated reserve level of about $47,428,915, which is about 22.95 percent of the originally adopted FY2022-2023 General Fund expenditure budget of $206,632,248.

Table 3: General Fund Estimated Reserve as of June 30, 2022 (Unaudited Preliminary Amounts, Subject to Change)
Next Step
City staff are continuing to prepare for financial headwinds, which include but are not limited to rising inflation, significant interest rate increases, and real estate market corrections. During the last recession, the City of Richmond experienced significant property tax assessment reductions. As such, City staff recommend that the City Council begin preparing for potential property tax decreases. In addition, since the City of Richmond was incorporated in 1905, there are unprecedented built environment needs City-wide that require additional major investments (i.e., buildings, sidewalks, streets, lighting, and parks). Therefore, it is important that we remain strategic regarding spending and saving to ensure we can address essential current and future City needs.

City staff will continue to work on the Annual Audit and prepare an Annual Certified Financial Report (ACFR) and present to the City Council in December 2022 or January 2023.

General Fund Reserve Amounts
General Fund Operating Surplus
Operating General Fund Surplus 27,041,113
1051-Engineering Cost Recovery (3,489,599)
4006-Stormwater Fund Advance Write-off (2,654,027)
RHA Debt Reduction in lieu of Admin Building (307,650)
Historic Payroll Liability Correction (104,908)
Transfer to OPEB Trust (6,102,459)
FY2021-22 Net Operating Surplus 14,382,470
General Fund Unassigned Fund Balance (Reserve)
Beginning Unassigned Fund Balance (Reserve) 22,285,626
Released Commitments and Assignments 4,201,968
Adjustments to other Fund Balance Categories 6,558,851
FY2021-22 Net Operating Surplus 14,382,470
Ending Unassigned Fund Balance (Reserve 22.95%) 47,428,915

October 18, 2022
City staff will also perform analysis around an adequate reserve level considering the risk factors shown below under the GFOA Fund Balance Guidelines for General Fund and bring back a recommendation for the City Council in the coming months. The risk factors are:
 The predictability of its revenues and the volatility of its expenditures  Its perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts)
 The potential drain upon general fund resources from other funds, as well as the availability of resources in other funds
 The potential impact on the entity’s bond ratings and the corresponding increased cost of borrowed funds
 Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

Attachment 1- Resolution
1 RESOLUTION NO. ________

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ADOPTING THE FISCAL YEAR 2021-22 YEAR-END BUDGET ADJUSTMENTS WHEREAS, pursuant to Section 1(b) of Article IV of the Richmond City Charter the City Manager is required to prepare an annual budget for the review and approval by the City Council; and
WHEREAS, the City’s budget was originally adopted on June 29, 2020 and the revised Mid-Year Budget was adopted on March 22, 2022; and WHEREAS, the City experienced economic changes since the budget was last adopted and needs to amend the budget to reflect these changes; and WHEREAS, the City Council has approved Commitments and Assignments in the General Fund balance trough resolutions 25-20, 78-21, and 126-21 to cover various expenditures; and
WHEREAS, the City experienced better than expected revenues and savings in the expenditures and the expenditures were covered from ongoing revenues; and WHEREAS, the City Council has reviewed the proposed year-end budget adjustments for the Fiscal Year 2021-22 and remaining balances on the fund balance assignments and commitments at a public meeting on October 18, 2022; and NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond, California hereby adopts the resolution to approve the FY 2021-22 year-end budget adjustments for the following funds in table 1 and release fund balance assignments and commitments to unassigned fund balance per table 2.

Attachment 1- Resolution
2 Table 1: Budget Adjustments

REF ORG OBJECT OBJECT DESCRIPTION AMOUNT OUTSTANDING
SINCE

COMMENTS
Negative Cash Balances
1 01917090 400902 Operating Transfer Out 3,489,599 2014 Negative cash due to deficit spending 2 01917090 400902 Operating Transfer Out 2,654,027 2010 Fund 4006 Stormwater-To payback advance from Risk Management Fund 3 01917090 400902 Operating Transfer Out 104,908 2010 Various payroll expenditures that were not directly charged to the employee's Department. Staff recommendation is to clear the balance from FY21-22 Operating Surplus 4 01917090 400706 Admin Building from RHA 307,650 2022 RHA debt reduction for fair market value of the admin building per repayment agreement dated 1/25/2022
01917090 400902 Contribution to OPEB Reserve 6,102,459 50% of operating surplus after meeting minimum reserve requirement Total General Fund Negative Cash Clearing 12,658,643
General Fund Adminsitrative Budget Adjustmetns
5 01191021 391991 Operating Transfer In (24,629) JAG grant correction 6 01917090 400902 Operating Transfer Out 8,089 Bond Admin Costs 7 01917090 400901 Kids First Initiative 129,172 Balance to make for 1% of total General Fund revenue transferred to department of Children and Youth per Charter Article XV
Total General Fund Administrative 112,632
Grand Total General Fund 12,771,275
Non-General Fund Administrative Budget Adjustments
8 13371018 391994 Kids First Initiative (129,172) Balance to make for 1% of total General Fund Revenue transferred to department of Children and Youth per Charter Article XV
9 15131131 391994 Operating Transfer In (3,489,599) To cover negative cash due to deficit spending 10 40623431 391994 Operating Transfer In (2,654,027) From General Fund to payback advance from fund 5001 - Risk Management 11 40623431 400901 Operating Transfer Out 2,654,027 Payback advance from fund 5001-Risk Management 12 30111090 391992 Operating Transfer In (8,089) Bond Admin Costs 13 45141191 364855 Transfer in from GF for Building (307,650) RHA Debt Reduction for fair market value of the admin building per Repayment Agreement dated 1/25/2022
14 65115090 391991 Operating Transfer In 1,868,008 Reversal of mid-year budget adjustment 15 50182316 391991 Operating Transfer In (2,654,027) From fund 4006-Stormwater for advance paid back 16 69990090 391994 Operating Transfer In (104,908) Various payroll expenditures that were not directly charged to the employee's Department
17 21033131 400288 Impact Fee Admin Fee 117 Impact Fee Admin Fee 18 21136031 400288 Impact Fee Admin Fee 8,232 Impact Fee Admin Fee 19 21301022 400288 Impact Fee Admin Fee 946 Impact Fee Admin Fee 20 21491021 400288 Impact Fee Admin Fee 4,691 Impact Fee Admin Fee 21 21551051 400288 Impact Fee Admin Fee 506 Impact Fee Admin Fee 22 21633131 400288 Impact Fee Admin Fee 2,263 Impact Fee Admin Fee 23 21741055 400288 Impact Fee Admin Fee 1,364 Impact Fee Admin Fee 24 21923431 400288 Impact Fee Admin Fee 3,593 Impact Fee Admin Fee 25 22022031 400288 Impact Fee Admin Fee 6,087 Impact Fee Admin Fee 26 15063619 340445 Impact Fee Admin Fee (27,799) Impact Fee Admin Fee Total Non-General Fund (4,825,437)
Table 2: General Fund, Fund Balance Assignments and Commitments *****************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held October 18, 2022 by the following vote:

Descriptions Resolution June 30,
2021
Changes June 30, 2022
Releasing
Assignments
&
Commitments
FY 21/22
Projected
Year-End
COVID-19 25-20 (1,500,000) 167,633 (1,332,367) 1,332,367 - Reimaging Public Safety 78-21 (1,300,000) 1,066,066 (233,934) 233,934 - Community Facility Improvement 78-21 (1,700,000) 289,515 (1,410,485) - (1,410,485) One-time Staff Compensation 78-21 (2,300,000) 1,893,333 (406,667) 406,667 - Contribution to Reserve 78-21 (3,000,000) 3,000,000 - - Committed Fund Balance (9,800,000) 6,416,547 (3,383,453) 1,972,968 (1,410,485) Measure U Shortfall 126-21 (2,000,000) - (2,000,000) 2,000,000 - FY 21/22 Additional Expenses 126-21 (229,000) - (229,000) 229,000 - Assigned Fund Balance (2,229,000) - (2,229,000) 2,229,000 - Grand Total (12,029,000) 6,416,547 (5,612,453) 4,201,968 (1,410,485)

Attachment 1- Resolution
3 AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney

October 18, 2022
Fire Department
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Angel Montoya, Fire Chief
Aaron Osorio, Deputy Fire Chief
SUBJECT: Interagency Agreement with Contra Costa County Health Services for EMS Program
FINANCIAL IMPACT: The funding consists of an allocation not to exceed $229,462 annually, or $688,386 over the three-year
period from July 1, 2022, through June 30, 2025.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Fire Department receives funding through a tax
measure (Measure H) passed in 1988 from the Contra
Costa County Health Services Division in support of the Fire Department’s Emergency Medical Services (EMS)
program. City staff is requesting approval of the
interagency agreement to continue receiving this funding for three more years.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE a total of $688,066 in Measure H funding from the Contra
Costa County Health Services Division; and APPROVE a
three-year interagency agreement for the period of July 1, 2022, through June 30, 2025 – Fire Department (Chief Angel Montoya 510-307-8041).

AGENDA
REPORT

October 18, 2022
DISCUSSION:

In 1988, Contra Costa County voters passed Measure H, which provided for enhancements to the Contra Costa County Emergency Medical Services System.

These funds are provided annually to fire agencies throughout the County to be used solely for emergency medical training/education, emergency and rescue equipment, and medical supplies.

Funding distributions were based on a “per engine” formula for many years. However, beginning in 2009, fire station closures began to prevent the full distribution of funds.

This created an unintended budget shortfall for impacted fire agencies. On May 14, 2013, a population-based allocation formula was adopted in an effort to support preserving fire first medical response to mitigate the reductions to fire agency funding.

The proposed three-year interagency agreement would provide the City with Measure H funding of up to $229,462 per year, for a total payment amount of up to $688,066 over the term of the agreement.

RECOMMENDATION:

City staff recommends that City Council (1) adopt the resolution to accept and appropriate funding from Contra Costa County Health Services toward the Fire Department’s Emergency Medical Services program, and (2) approve a three-year interagency agreement for the period of July 1, 2022, through June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Contra Costa County Interagency Agreement #23-551-4 Attachment 2 – Resolution

Form A-4 (Page 1 of 1)
Contra Costa County INTERAGENCY AGREEMENT Number 23-551-4 Standard Form A-4 (Agency Provides Services) Fund/Org # 7406 Revised 2022 Account # As Coded
Other #

1. Contract Identification.

Department: Health Services — Emergency Medical Services Subject: Interagency Agreement between Contra Costa County and Agency named below for prehospital emergency medical first responder services

2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows:

Agency: CITY OF RICHMOND FOR ITS FIRE DEPARTMENT (“FIRE DEPARTMENT” OR “AGENCY”)
Capacity: A Municipal Government
Address: 440 Civic Center Plaza, 2
nd Floor, Richmond, California 94804

3. Term. The effective date of this Agreement is July 1, 2022 , and it terminates on June 30, 2025 unless sooner terminated as provided herein.

4. Payment Limit. County’s total payments to Agency under this Agreement shall not exceed $ 688,386.

5. County’s Obligations. County shall pay Agency for its provision of the services as set forth in the Payment Provisions incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. Agency’s Obligations. Agency shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

7. General and Special Conditions. This Agreement is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference.

8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Not Applicable

9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities:

Health and Safety Code Sections 1797 et seq., California Government Code §§ 26227 and 31000.

10. Signatures. These signatures attest the parties’ agreement hereto:

COUNTY OF CONTRA COSTA, CALIFORNIA

BOARD OF SUPERVISORS
By
Chairman/Designee
ATTEST: Clerk of the Board of Supervisors
By XXXXXXXXXXXXXXXXXXXXXXXXXXX
Deputy
AGENCY
By
(Signature of authorized Agency Representative)
(Print name and title A)
By
(Signature of authorized Agency Representative)
(Print name and title B)
DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County
Standard Form L-2
Revised 2014.2

ACKNOWLEDGMENTS/APPROVALS
(Purchase of Services - Long Form)
Number 23-551-4

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

COUNTY OF CONTRA COSTA )
On (Date), before me, (Name and Title of the Officer),
personally appeared ------------------------------------ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed lo the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityiies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS MY HAND AND OFFICIAL SEAL
Signature of Notary Public
r----------------------,
I I
I I
I I
I I
I I
I I
I I
I I
I I

I I L J
Place Seal Above
ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code § 1189)

RECOMMENDED BY DEPARTMENT

APPROVALS

FORM APPROVED COUNTY COUNSEL
By:------------------
Designee
APPROVED: COUNTY ADMINISTRATOR
By: _
Designee
Form L-2 (Page 1 of 1)
DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County PAYMENT PROVISIONS
Standard Form P-1 (Fee Basis Contracts – Long Form)
Revised 2022 Number 23-551-4
Initials:___________ _____________
Agency County Dept.

Form P-1 (Page 1 of 1)

1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor:
[ ] a. $ monthly,
[ ] b. $ per unit, as defined in the Service Plan,
[ ] c. $ after completion of all obligations and conditions herein, or [X] d. Subject to an annual payment limit of $229,462, County will pay Contactor in an amount not to exceed $688,386 under this Contract; and
In addition, the Fire Department shall allow the EMS Agency to deduct from its Measure H annual distributions any costs associated with the EMS agency acquisition or contracting for equipment, services or technology that directly benefits Fire Department. Any deductions performed will have written approvals from the EMS Agency Director and Department Fire Chief.

2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1 (Payment Amounts) above.

3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 2 (Payment Demands) above, County shall not pay Contractor for such services to the extent County’s recovery of funding is prejudiced by the delay even though such services were fully provided. 4.

4. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor, (a) Contractor’s performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment.

5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County’s obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor’s failure to perform properly any of its obligations under this Contract.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 1 of 9)
I. SERVICE ACTIVITIES.

A. Scope of Service. Fire Department shall provide prehospital emergency medical first responder services, within Fire Department’s primary service area, until patient care is assumed by County’s emergency ambulance contractor or by the County’s Emergency Medical Services Agency (“CCCEMSA”) designated ambulance receiving facility personnel, or until the patient has refused medical care or ambulance transportation. Such services shall be provided in accordance with requirements of Health and Safety Code Section 1797 et seq., and all relevant regulations promulgated thereunder (The “Act”), the County’s Emergency Medical Service and Ambulance Ordinance Code, and CCCEMSA’s medical treatment protocols and policies, which are incorporated herein by reference, and in accordance with any amendments or revisions thereof. In performing services hereunder, Fire Department shall work cooperatively with the CCCEMSA. The words and phrases used in this Contract shall have the same meaning as defined in the Act, unless otherwise specified.

B. Basic Services for Advanced Life Support (ALS) Departments. Fire Department shall perform the following services to the complete satisfaction of the County and CCCEMSA:

1. Fire Department shall provide paramedic (ALS) prehospital emergency medical first responder services 24 hours per day, 7 days per week.
a. In the event Fire Department increases its service level from Basic Life Support (BLS) to ALS, or decreases Department service level from ALS to BLS, this contract shall govern until such time as the Fire Department and CCCEMSA enter into a new contract or mutually agree to amend this contract for the provision of the new service level provided by Fire Department.

2. Fire Department shall assure that all personnel are oriented to CCCEMSA policies, medical treatment guidelines; Multi-casualty Incident Plan; medical radio communications (ambulances, base hospitals, County); medical equipment utilization and maintenance; and Paramedic and EMT local and statewide scope of practice.

3. Fire Department shall submit training curriculum to CCCEMSA for approval within 1 month of executed contract and provide approved training to prepare non-paramedic responders to assist a first responder paramedic in providing patient care.
a. The training must be provided prior to non-paramedic responder personnel assignment to responding apparatus.
b. In the event training curriculum is updated by Fire Department, updated curriculum must be submitted to CCCEMSA within 1 month of change.

4. Fire Department agrees that the performance of services under this Contract shall conform to high professional standards and shall comply with all CCCEMSA policies, medical treatment guidelines, and state and federal laws and regulations applicable to prehospital Emergency Medical Services (EMS) responders.

5. Fire Department shall designate one staff person with overall responsibility for EMS program coordination. Fire Department shall notify CCCEMSA in writing within 10 days of a change in the designation of the staff person.

C. Basic Services for Basic Life Support (BLS) Departments. Fire Department shall perform the following services to the complete satisfaction of the County and CCCEMSA:

1. Fire Department shall provide EMT (BLS) prehospital emergency medical first responder services DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 2 of 9)
24 hours per day, 7 days per week.

2. Fire Department shall assure that all personnel are oriented to CCCEMSA policies, medical treatment guidelines; Multi-casualty Incident Plan; medical radio communications (ambulances, base hospitals, County); medical equipment utilization and maintenance; and Paramedic and EMT local and statewide scope of practice.

3. Fire Department shall submit training curriculum to CCCEMSA for approval within 1 month of executed contract and provide approved training to prepare non-paramedic responders to assist a first responder paramedic in providing patient care.
a. The training must be provided prior to non-paramedic responder personnel assignment to responding apparatus.
b. In the event training curriculum is updated by Fire Department, updated curriculum must be submitted to CCCEMSA within 1 month of change.

4. Fire Department agrees that the performance of services under this Contract shall conform to high professional standards and shall comply with all CCCEMSA policies, medical treatment guidelines, and state and federal laws and regulations applicable to prehospital EMS responders.

5. Fire Department shall designate one staff person with overall responsibility for EMS program coordination. Fire Department shall notify CCCEMSA in writing within 10 days of a change in the designation of the staff person.

II. PERFORMANCE STANDARDS.

A. Response Time Performance Standards. Fire Department’s governing body shall establish EMS response time standards within one year of executed contract and those standards shall be submitted to CCCEMS within one month of adoption by Fire Department’s governing body. Fire Department’s response times on requests for emergency medical services originating from within Fire Department’s primary service area shall be reported to CCCEMS according to Paragraph III, below (“Reporting Requirements”) and by the following performance standards.

1. Basic Life Support (BLS) First Response. Fire Department shall assure that a fire response vehicle equipped as required by Paragraphs II.C and II.L, (each, “First Responder Unit”) responds to every call for service as indicated by CCCEMS response policy.

2. Advanced Life Support (ALS) First Response. Fire Department shall assure that a fire response vehicle equipped as required by Paragraphs II.C and II.L, (each, “First Responder Unit”) responds to every call for service as indicated by CCCEMS response policy.

B. EMS Response Data Collection and Monitoring. Fire Department shall document and maintain data on all EMS responses.

1. Documentation of Response Data. For each medical emergency response, Fire Department shall document and report the following:
a. EMS incident number (if available);
b. Fire Department’s incident number;
c. Time call received;
DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 3 of 9)
d. Location of call (address, city and map coordinates); e. Nature of call (EMD code/determinant);
f. Time of initial dispatch;
g. Time and unit # of first fire unit on scene;
h. Service level of first fire unit on scene (ALS Paramedic or BLS EMT-I); and i. Time ambulance provider notified IF ambulance provider is dispatched by a different communications center than Fire Department.

C. Staffing Standards and Personnel Preparation for ALS Departments.

1. Advanced Life Support First Responder Units. Fire Department shall staff each First Responder Unit with a minimum of one (1) CCCEMSA accredited paramedic.

2. Credentials. Fire Department shall assure that personnel normally assigned to respond to emergency medical requests must be EMT currently certified in California, or paramedics currently licensed in California and accredited in Contra Costa County. This requirement shall not apply to volunteer or paid on-call staff, however, all volunteer or paid on-call staff shall have first responder training to include first aid, CPR, and first responder defibrillation.

3. Required Advanced Cardiac Life Support Training. Fire Department’s paramedic personnel assigned to provide paramedic service under this Contract must be currently certified in Advanced Cardiac Life Support (ACLS) according to American Heart Association standards. or have successfully completed similar training as approved by the CCCEMSA Medical Director.

4. Required Trauma Training. Fire Department’s paramedic personnel assigned to provide paramedic service under this Agreement must have successfully completed a Basic Trauma Life Support (BTLS) course approved by the American College of Emergency Physicians, or a Prehospital Trauma Life Support (PHTLS) course approved by the American College of Surgeons.

5. Required Pediatrics Training. Fire Department’s paramedic personnel assigned to provide paramedic service under this Agreement must be currently certified in one of the following:

Pediatric Education for Prehospital Professionals (PEPP) or Pediatric Advanced Life Support (PALS).

D. Staffing Standards and Personnel Preparation for BLS Departments

1. BLS First Responder Units. Fire Department shall staff each First Responder Unit with staff possessing a valid California EMT certification.

2. Credentials. Department shall assure that prehospital personnel assigned to respond to requests for emergency medical services must, at a minimum, hold a valid and unrestricted California EMT certificate and have attended an CCCEMA system orientation. This requirement shall not apply to volunteer or paid on-call staff.

E. Provisional Assignment. Fire Department shall provide a (“provisional assignment”) program within DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 4 of 9)
1 month of executed Contract to be approved by CCCEMSA for first responder paramedics with less than two years full-time experience as a paramedic.

F. Medical Control. Fire Department acknowledges and agrees to the following:

1. CCCEMSA Medical Director shall have overall responsibility for medical control of Fire Department;

2. Medical control is exercised prospectively through policies, medical treatment guidelines, and training established and/or approved by the CCCEMSA Medical Director;

3. The Base Hospital designated by CCCEMSA provides on-line medical direction and consultation on medical and patient related issues;
4 Retrospective medical control includes monitoring, quality improvement, incident review, and disciplinary processes conducted by the Fire Department, base hospital, CCCEMSA, and the State EMS Authority in accordance with applicable CCCEMSA policy (found at https://cchealth.org/ems/policies-tg.php) , and state laws and regulations;

5. Fire Department’s EMT and paramedic personnel shall comply with all requirements as established by the State of California and with all applicable provisions of CCCEMSA policy and medical treatment guidelines; and

6. The CCCEMSA Medical Director has the sole and exclusive authority to approve training, training curriculum, and the methods of training, or to modify the training requirements established by CCCEMSA policy and medical treatment guidelines.

G. EMS System Training.

1. Fire Department’s training on the “Contra Costa County Multi-Casualty Incident Plan” shall be conducted during training academies and shall be provided to all prehospital personnel semiannually. The annual and semi-annual training shall include, at a minimum, the following:
a. Basic orientation to the Multi-Casualty Incident (MCI) Plan, notification levels, communications, roles and responsibilities and patient triage and distribution; b. Initiating an MCI with communications center and CCCEMSA early in the response and according to county MCI Plan;
c. Participation in interagency functional or field exercises; and d. Fire Department will collaborate with the CCCEMSA to continuously evaluate and improve Multi-Casualty Incident Plan training and performance;

2. Fire Department will submit an annual report on training of personnel including:
a. Number and percentage of personnel trained on MCI plan.

H. Quality Improvement Program.

1. Fire Department shall maintain a comprehensive continuous Quality Improvement (QI) Program which has been designed to interface with CCCEMSA’s countywide QI program, and which has DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 5 of 9)
been approved by the CCCEMSA Medical Director. Any amendments to Fire Department’s QI program are subject to approval by CCCEMSA Medical Director.

2. Fire Department shall provide a physician, or a Registered Nurse or EMT-P experienced in prehospital, quality improvement to implement and oversee this ongoing QI program. This individual shall be responsible for the prehospital quality improvement program for all emergency medical services provided pursuant to the Agreement.

3. Fire Department’s QI program shall establish an organized, coordinated, multidisciplinary approach to the assessment of prehospital emergency medical response and patient care.

4. Fire Department shall regularly participate in CCCEMSA system related QI meetings, activities and QI project teams.

5. Personnel participating in the oversight of Fire Department’s prehospital quality improvement program shall complete an Institute of Healthcare Improvement (IHI) Certificate for Patient Safety, Quality and Leadership or equivalent as approved by CCCEMSA within the first 12 months of hire by the Fire Department, or within six months of being designated as the person responsible for overseeing the QI program or QI activities.

6. Fire Department shall review their prehospital performance indicators from their QI plan quarterly.

Fire Department shall develop and provide training, at least annually, to its personnel based on its quarterly evaluations.

7. Fire Department shall have a program to evaluate patient satisfaction as part of their quality program.

I. Assaultive Behavior Management Training. Annually, Fire Department shall provide all first responder personnel with the training, knowledge, and skills to effectively manage patients with psychiatric, drug/alcohol, excited delirium, and other behavioral or stress related problems as well as management of violent or potentially violent patients. Fire Department shall provide its training curriculum together with a report with the names, certification numbers and date each of its personnel were trained.

J. Infection Control. Fire Department shall develop and strictly enforce policies for infection control and contaminated materials disposal to decrease the chance of communicable disease exposure in accordance with existing Federal and State laws and regulations. Fire Department shall designate an infection control officer and provide notification to CCCEMSA of said designation. The infection control officer shall successfully complete an infection control officer course that meets the requirements of “National Fire Protection Association 1581” or as may be required by law.

K. Joint Training. When requested by CCCEMSA, Fire Department will participate in joint training activities with Contra Costa County ambulance service providers, hospital personnel, and dispatch centers.

L. General Equipment. Each Fire Department apparatus shall carry all emergency supplies and equipment appropriate for the level of service provided (ALS or BLS) as identified in CCCEMSA “Master Equipment DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 6 of 9)
List” posted on the CCCEMSA website. Fire Department shall ensure that all new and upgrades to existing technology is interoperative between other first responder agencies, ambulance providers, hospitals and CCCEMSA.

M. Equipment Replacement and Exchange. Fire Department is responsible for maintaining a system for the replacement of expendable equipment and supplies.

N. Safely Surrender Baby Program.

1. Fire Department agrees to be designated as a “safe surrender site” as defined by Health and Safety Code section 1255.7(a)(1)(A). If Fire Department is not already designated as a “safe surrender site” Fire Department will undertake necessary action to become a “safe surrender site,” within 90 days of the effective date of this Contract.

2. Fire Department personnel will be trained in the requirements of California’s safely surrendered baby program as set forth in Health and Safety Code section 1255.7, et seq.

3. Fire Stations designated as Safe Surrender Sites will have appropriate signage and will have at all times at least two (2) of the following: coded confidential ankle bracelet and medical questionnaire.

O. Communications Equipment and Dispatch.

1. Fire Department shall equip each First Responder Unit with emergency portable radios on EBRCS (East Bay Regional Communication System), programmed with fleet mapping identified for use in the EMS System and a cellular telephone for prehospital to base hospital communications.

2. Fire Department’s dispatch will utilize the medical priority dispatch system for all calls requesting emergency medical services.

3. Fire Department will assure that its designated dispatch assigns response level based on MPDS (medical priority dispatch system) determinant and corresponding response modality pursuant to CCCEMSA policy.

P. Cooperation With Evolving EMS System. Fire Department agrees to participate and assist in the development of EMS system improvements, which includes but is not limited to equipment upgrades, and to bear the costs of such changes subject to a mutually agreed upon implementation schedule.

Q. Observation by EMS Agency Staff. A CCCEMSA representative may, at any time coordinate with department (Fire Chief or EMS Division), to directly observe Fire Department’s equipment stock and EMS related operations or inspect Fire Department apparatus for required EMS equipment.

R. Records And Reporting Requirements. Fire Department shall comply with the following record keeping and reporting requirements and shall provide reports to CCCEMSA, as established in Paragraph III (“Reporting Requirements”), all records, information and reports requested by CCCEMSA to evaluate the emergency medical services provided by Fire Department under this Contract, including, but not limited to, the following:

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 7 of 9)

1. Out of Service Reporting. For each First Responder Unit, Fire Department shall report to Contract Manager on a monthly basis the number of occurrences in which a First Responder Unit was out of service for any periods of time exceeding six consecutive hours or was not staffed to provide the department’s provider level of emergency services (EMT or paramedic).

2. Patient Care Data Collection and Reporting.
a. Fire Department shall assure that all department prehospital personnel receive orientation and training on the department’s designated electronic health care record software program. Training shall include information on documentation quality and current state and federal patient privacy laws and health care provider responsibilities b. Fire Department shall assure that all of its prehospital personnel provide appropriate patient care documentation for every patient contact.
c. Fire Department shall ensure that a CCCEMSA approved Electronic Healthcare Record (EHR), is accurately completed by the EMT or paramedic who has primary responsibility for patient care.
1) Fire Department shall transmit completed EHR to the EHR server in accordance with CCCEMSA policy.
2) Fire Department shall generate monthly EHR compliance reports to CCCEMSA. d. Fire Department shall provide a copy of any EHR to CCCEMSA promptly upon request. e. Fire Department shall provide CCCEMSA reliable access to its EHR platform.

CCCEMSA shall have access to all EHRs within 24 hours of patient contact. f. Fire Department shall provide CCCEMSA with patient care data for all patient responses in a computer readable format that is suitable for statistical analysis. 1) Patient care data collected and provided shall be consistent with the comprehensive data file at CCCEMSA. Such data shall include number of patients treated on scene, number of patients transported, and number of patients who refused transport. 2) Patient care data collected and available shall comply with the National EMS Information System (NEMSIS) specifications and the comprehensive data specifications approved by the CCCEMSA.

3. Response Time Statistical Data and Reporting. Within 20 working days following the last day of each month, Fire Department shall provide CCCEMSA with first responder response time in a single, computer readable format suitable for statistical analysis. Records shall include the elements identified in Sections II.B.1 above.
a. This reporting requirement may be satisfied by a FirstWatch connection or to an CCCEMSA approved data depository. Records shall include the elements identified in Sections (II.B.1) in this Contract.

4. Personnel. Fire Department shall:
a. Provide an initial roster of currently credentialed paramedic and EMT personnel to CCCEMSA within 1 month of executed contract.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 8 of 9)
b. Notify CCCEMSA in writing within three (3) days when any prehospital personnel are no longer employed by Fire Department, or when any prehospital providers’ required credentials have lapsed.
c. Maintain on file at all times, copies of current and valid credentials, certifications, or licenses for all emergency medical personnel performing services under this Contract. d. Fire Department shall notify CCCEMSA in writing within three (3) days of any actual or alleged violation of Health and Safety Code section 1798.200(a)(1) through (a)(13) by any prehospital personnel.

5. Other Reports. Fire Department shall provide such other reports and records as may be reasonably required by CCCEMSA.

S. County Obligations. In consideration of Fire Department providing the services and meeting its commitments as described in this Contract, County shall pay Fire Department the amounts specified in Paragraph 1.d. of the Payment Provisions of this Contract.

III. REPORTING REQUIREMENTS.

Contract
Section
Report Frequency of
Report
I.B.3/I.C.3 ALS/BLS submit training curriculum for non-paramedic First Responders
(One Time)
within 1 month
of executed
contract
II.A Submit department’s EMS response time standards.
***Absence of department standard does not negate R.3
reporting
(One Time)
within one year
of executed
contract
II.B.1 EMS Response Data As requested
R.3 Response Time Data (First Responder response time data) Monthly II.E

ALS ONLY
Provisional Assignment (One Time)
within 1 month
of contract
G.2 Number and Percentage of Employees Trained on MCI Plan and EMS Annual Update
Annually
I Assaultive Behavior Training (names, certification numbers, and dates First Responder’s were trained)
Annually
R.1 In-Service Report (number of occurrences in which a First Responder Unit was not in service for more than six
consecutive hours)
Monthly
DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2008 Number 23-551-4
Initials:__________ ____________
Contractor County Dept.

L-3 (Page 9 of 9)
R.1 Out of Service Report AND/OR number of occurrences in which an ALS First Responder Unit was not staffed with a paramedic
Monthly
R.2.c Patient Care Data Collection (compliance report for EHR) Monthly R.4.a Provide an initial roster of currently credentialed paramedic and EMT personnel
Within 1 month
of executed
contract
R.4.b/d Notify CCCEMSA of separation of employment or Section 1798.200 violation
Within 3 days
of separation
OR actual or
alleged violation
R.6 Other Reports as Required As requested
DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SPECIAL CONDITIONS
Standard Form L-4
Revised 2014 Number 23-551-4
Initials:___________ _____________
Contractor County Dept.

L-4 (Page 1 of 2)

1. Retention of Records. Paragraph 3. (Records), Subparagraph a. (Retention of Records) of the General Conditions is hereby deleted in its entirety and replaced with the following:
“a. Retention of Records. Fire Department shall retain all documents pertaining to this Contract for five (5) years from the end of the fiscal year following the date of service; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract’s funding period. Upon request, and except as otherwise restricted by law, Fire Department shall make these records available to authorized representatives of the County, the State of California, and the United States Government.”

2. Termination. Paragraph 5. (Termination and Cancellation), Subparagraph a. (Written Notice) of the General Conditions is hereby deleted in its entirety.

3. Indemnification. Paragraph 18. (Indemnification) is hereby deleted and replaced in its entirety by the following paragraph:
“18. Indemnification.
a. Fire Department shall defend, save harmless and indemnify the County and its officers, agents and employees for the Fire Department’s share of all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of Fire Department hereunder, resulting from the conduct, negligent or otherwise, of Fire Department, its agents or employees.
b. The County shall defend, save harmless and indemnify Fire Department and its officers, agents and employees for the County’s share of all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the County, resulting from the conduct, negligent or otherwise, of the County or its employees.”

4. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and replaced in its entirety by the following paragraph:
“19. Insurance. During the entire term of this Contract and any extension or modification thereof, Fire Department shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in these Conditions:
a. Liability Insurance. Fire Department shall provide incidental medical malpractice insurance and comprehensive liability insurance, including coverage for owned and nonowned vehicles, each with a minimum combined single limit coverage of $1,000,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each act, omission, or occurrence. Such insurance shall be endorsed to include the County of Contra Costa and their respective officers and employees as DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County SPECIAL CONDITIONS
Standard Form L-4
Revised 2014 Number 23-551-4
Initials:___________ _____________
Contractor County Dept.

L-4 (Page 2 of 2)
additional named insured as to all services performed by Fire Department under this agreement.
b. Workers’ Compensation. Fire Department shall provide workers’ compensation insurance coverage for its employees.
c. Certificate of Insurance. Fire Department shall provide the County with a certificate(s) of insurance evidencing liability, incidental medical malpractice and workers’ compensation insurance as required herein no later than the effective date of this Contract. If Fire Department should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy(ies) at any time during the term of this Contract, then Fire Department shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the Fire Department shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Fire Department’s insurance policy or policies.”

5. All occurrences of the term “Contractor” in the General Conditions shall be replaced by the term “Fire Department”.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 1 of 7)

1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination.

2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government.

3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor must make these records available to authorized representatives of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor must, upon written request and until the expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder.

Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder.

This provision is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.

4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section applies only if the Payment Limit of this Contract exceeds $5,000.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 2 of 7)

5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages.
c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice.

6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed to exist or to bind any of the parties hereto.

7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an amendment to, or be considered to be a part of, this Contract.

8. Modifications and Amendments.
a. General Amendments. In the event that the total Payment Limit of this Contract is less than $200,000 and this Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written document executed by Contractor and the County’s Purchasing Agent or the Contra Costa County Board of Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this Contract exceeds $200,000 or this Contract was initially approved by the Board of Supervisors, this Contract may be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract or reduce the services Contractor is obligated to provide pursuant to this Contract.

9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 3 of 7)

10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the laws of the State of California.
b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California.

11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended to assure conformance with such federal or state requirements.

12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.

Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.

14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed.

This Contract is not to be construed to create the relationship between the parties, or between County and any Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees.

15. Conflicts of Interest. Contractor covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a “Statement of Economic Interest” form and file it with County and will require any other person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County.

Contractor covenants that Contractor, its employees and officials, are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 4 of 7)
addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract.

16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.

17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none will be used, in whole or in part, for religious worship.

18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control.

If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs.

Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract.

19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions:
a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business losses and for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this Contract. Said policies must constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 5 of 7)
them or their self-insurance program(s) will not be required to contribute to any loss covered under Contractor’s insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial general liability policies as required herein no later than the effective date of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of $1,000,000.
b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract, Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required by the preceding sentence is a default under this Contract

20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of other delivery, except that the effective date of notice to County is the date of receipt by the head of the county department for which this Contract is made.

21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions, the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise.

22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor.

23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 6 of 7)

24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to create, any rights in third parties.

25. Copyrights, Rights in Data, and Works Made for Hire. Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or format, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so.

26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose the use of any particular brand name or commercial product without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views.

27. Required Audit.
a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current version of Code of Federal Regulations, Title 2, Part 200, Subpart F. b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant imposes specific audit requirements, Contractor must provide County with an audit conforming to those requirements.
c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2, Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County.

If an audit is required, Contractor must provide County with the audit.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2016
Contractor County Dept.

Form L-5 (Page 7 of 7)
d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit from Contractor.

28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein.

29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein.

DocuSign Envelope ID: B5A3BE2F-76F9-4950-96AB-E8FE417CEAA7

RESOLUTION NO. ________

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

AUTHORIZING THE ACCEPTANCE OF FUNDS FROM CONTRA COSTA
COUNTY HEALTH SERVICES IN SUPPORT OF THE FIRE DEPARTMENT’S PREHOSPITAL EMERGENCY MEDICAL SERVICES PROGRAM.

WHEREAS, Contra Costa County Health Services Emergency Medical Services Division appropriated monies through Measure H pursuant to Agreement #23-551-4 with the City of Richmond Fire Department to support first responder Emergency Medical Services (EMS) through training, certifications, and the purchase of medical equipment and supplies; and WHEREAS, the Contra Costa County Health Services Emergency Medical Services Division will allocate funding to the City of Richmond Fire Department from July 1, 2022 through June 30, 2025, in an amount not to exceed $229,462 annually, based on the provisions outlined in Interagency Agreement #23-551-4; and
WHEREAS, the City of Richmond Fire Department shall be awarded an amount not to exceed $688,386 for projected services and expenditures over the term of the contract, commencing July 1, 2022 and running through June 30, 2025; and WHEREAS, the City of Richmond Fire Department, with written approvals from the EMS Agency Director and Department Fire Chief, shall allow the Contra Costa County Health Services Emergency Medical Services Division to deduct from the annual distributions any costs associated with the EMS agency acquisition or contracting for equipment, services, or technology that directly benefits the Fire Department; and
WHEREAS, the City of Richmond desires to accept both the funds allocated by the Contra Costa County Health Services Hazardous Materials Division in the amount of $688,386 and Agreement #23-551-4 in its entirety.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond  The City of Richmond shall accept the allocation of $229,462 annually from the Contra Costa County Health Services Emergency Medical Services Division.  The funds which the City will receive are hereby appropriated towards program expenditures, under Fund 1007, Org 10706022 and Object Codes to be determined.  The City Manager, or their designee, shall establish a Budget Supplemental Fund revenue account under Fund 1007, Org 10706022, Object 310051 for the deposit of the funds, which have been allocated to the City of Richmond.
 The Finance Director of the City of Richmond shall submit the necessary reports and summaries which are required by State law.

*****************************
(This section to be completed by Clerk’s Office)
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney

October 18, 2022
Human Resources
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Sharrone Taylor, Interim Human Resources Director Nickie Mastay, Deputy City Manager
Jaclyn Gross, Deputy City Attorney
SUBJECT: Proposed Resolution Approving a Memorandum of
Understanding between the City of Richmond and the
Richmond Police Officers Association (RPOA)
FINANCIAL IMPACT: Adoption of the Memorandum of Understanding (MOU) for Richmond Police Officers Association (RPOA) Bargaining
Unit is projected to increase payroll costs by a total of $5,927,427 based on the terms of the agreement (July 1, 2022, through June 20, 2025).

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City’s Memorandum of Understanding with the
Richmond Police Officers’ Association expired June 30,
2022. RPOA and the City negotiated regarding a successor MOU. On September 28, 2022, the parties reached a
Tentative Agreement, which will establish a new MOU
effective July 1, 2022, through June 30, 2025. This
agreement is subject to final approval by the City Council.

RECOMMENDED
ACTION:

ADOPT a resolution approving a successor Memorandum of
Understanding between the City of Richmond and the
Richmond Police Officers’ Association for the term of July 1, 2022, through June 30, 2025; and DIRECT the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the
MOU – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/Jaclyn Gross 510-620-
6602).

AGENDA
REPORT

October 18, 2022
DISCUSSION:

In February 2022, the City and Richmond Police Officers’ Association (RPOA) began negotiations to develop a successor Memorandum of Understanding (MOU) to the MOU that expired June 30, 2022. On September 28, 2022, the parties reached a Tentative Agreement, the components of which are delineated below:
 MOU effective dates: July 1, 2022 — June 30, 2025.
 RPOA shall receive a 20% salary increase over 3 years, as follows:
o Effective the first full pay period in October, 2022, the City will increase base wages by 4.0%.
o Effective the first full pay period in January, 2023, the City will increase base wages by 2.0%.
o Effective the first full pay period in July, 2023, the City will increase base wages by 2.0%.
o Effective the first full pay period in January, 2024, the City will increase base wages by 6.0%.
o Effective the first full pay period in July, 2024, the City will increase base wages by 2.0%.
o Effective the first full pay period in January, 2025, the City will increase base wages by 4.0%.
 Removes the “me too,” revenue trigger, and reopener clauses.  During the first three months following City Council adoption of the MOU, the parties will meet with the goal of reaching agreement upon one or more side letters concerning the following subjects:
o Paid release time for RPOA business
o Separating grievance and disciplinary appeal procedures o Any other subjects mutually agreed to be discussed by the parties  The City and RPOA also agreed to make non-economic language changes to MOU provisions, which will be incorporated into the final MOU.

The RPOA and the City negotiated in good faith to establish new terms and conditions of employment that would be effective following the expiration of the RPOA prior MOU.

Exhibit A – Memorandum of Understanding of Attachment 1 – Resolution details the new terms and conditions of employment that will be effective July 1, 2022, through June 30, 2025.

FINANCIAL IMPACT:

Adoption of the MOU for RPOA Bargaining Unit is projected to increase payroll costs by a total of $5,927,427 based on the terms of the agreement (July 1, 2022 through June 20, 2025). Of this total cost, $1,218,520 is during Fiscal Year 2022-2023, $2,258,202 is during Fiscal Year 2023-2024, and $2,450,705 is during Fiscal Year 2024-2025.

October 18, 2022
RECOMMENDATION:

City staff recommends the City Council adopt the proposed resolution approving a successor MOU between the City of Richmond and the RPOA with effective dates from July 1, 2022 through June 30, 2025. City staff further recommends that the City Council direct the City Manager or her designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Exhibit A – Memorandum of Understanding

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RICHMOND AND THE RICHMOND POLICE OFFICERS’ ASSOCIATION.

WHEREAS, the City of Richmond and the Richmond Police Officers Association (RPOA) had a Memorandum of Understanding (MOU) covering the period July 1, 2016 through June 30, 2022; and
WHEREAS, in accordance with Government Code Section 3505., the City’s negotiation team met and conferred in god faith with representative of RPOA to negotiate a successor agreement; and
WHEREAS, the Richmond Police Officers’ Association memorandum of understanding shall not bind the parties until it is ratified by the City Council.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond as follows:

Section 1. That the Memorandum of Understanding (MOU) between the City of Richmond and the Richmond Police Officers’ Association (RPOA) for the period of July 1, 2022 through June 30, 2025, as provided in the attached Exhibit 1 and herein incorporated by reference is approved; and
Section 2. Directs the City Manager or their designee to update the publicly available salary schedule with the adopted wage increases during the terms of the MOU *****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney

Memorandum of Understanding
between the
City of Richmond
and the
Richmond Police Officers’
Association
July 1, 2022 – June 30, 2025

TABLE OF CONTENTS
i
2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

1. EFFECTIVE DATES......................................................................................................1

2. CONTINUATION OF BENEFITS...................................................................................1

3. SWORN OFFICER........................................................................................................1

4. RECOGNITION.............................................................................................................1

5. PAYROLL DEDUCTIONS .............................................................................................2

5.1. APPLICABLE LAW.................................................................................................2

5.2. EFFECT OF NON-PAID STATUS ..........................................................................2

5.3. MAINTENANCE OF MEMBERSHIP.......................................................................2

6. BULLETIN BOARDS.....................................................................................................3

7. USE OF CITY FACILITIES............................................................................................3

8. UNION REPRESENTATION.........................................................................................3

8.1 UNION BUSINESS LEAVE ....................................................................................3

9. REST PERIODS............................................................................................................4

9.1 PHYSICAL FITNESS..............................................................................................4

10. HOURS OF WORK AND OVERTIME...........................................................................4

10.5. EFFECT OF TERMINATION OF EMPLOYMENT UPON OVERTIME ................6

10.6. ATTENDANCE ...................................................................................................6

11. MISCELLANEOUS ALLOWANCES..............................................................................6

11.1. UNIFORM REIMBURSEMENT...........................................................................6

11.2. UNIFORM DAMAGE...........................................................................................6

11.3. MEAL ALLOWANCE...........................................................................................6

11.4. WELLNESS PROGRAM.....................................................................................7

11.5. TRAINING REIMBURSMENT.............................................................................7

12. HOLIDAYS ....................................................................................................................8

13. PERS MEDICAL PLANS...............................................................................................9

13.A.1. CAFETERIA OPTION ..........................................................................................9

13.B.7. RETIRED EMPLOYEES .....................................................................................10

13.B.7(A). RETIREE HEALTH BENEFIT CONTRIBUTION .............................................11

14. FLEXIBLE BENEFITS PLAN.......................................................................................12

15. OTHER INSURANCE..................................................................................................12

15.1. LONG TERM DISABILITY INSURANCE...........................................................12

15.2. GROUP LIFE INSURANCE ..............................................................................12

15.3. EMPLOYEE ASSISTANCE PROGRAM ...........................................................12

15.4. DENTAL INSURANCE......................................................................................13

15.5. VISION PLAN ...................................................................................................13

16. SUPPLEMENTAL PAY FOR ATTAINMENT OF DEGREES AND CERTIFICATES ...13

TABLE OF CONTENTS
ii
2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

16.1. SUPPLEMENTAL PAY FOR EDUCATION/TRAINING.....................................13

16.4. SUPPLEMENTAL PAY.....................................................................................14

17. CALL-BACK TIME.......................................................................................................14

17.2. REQUIRED ATTENDANCE FOR MANDATORY MEETINGS OR TRAINING ..15

18. LEAVES OF ABSENCE ..............................................................................................15

18.1. LEAVE OF ABSENCE WITHOUT PAY.............................................................15

19. LEAVE OF ABSENCE WITH PAY ..............................................................................16

20. MILITARY LEAVE AND EXTENDED ACTIVE DUTY..................................................16

20.3. MILITARY SERVICE CREDIT...........................................................................16

21. SICK LEAVE ...............................................................................................................16

21.1. PAYMENT FOR SICK LEAVE...........................................................................17

21.2. FAMILY SICK LEAVE .......................................................................................17

21.4. DOCTOR'S CERTIFICATE OF ILLNESS..........................................................17

21.5. CALPERS CREDIT FOR SICK LEAVE.............................................................18

21.6. PARENTAL LEAVE ..........................................................................................18

21.7. FAMILY AND MEDICAL CARE LEAVE.............................................................18

22. WORKERS COMPENSATION LEAVE .......................................................................19

22.10. LIGHT DUTY ASSIGNMENTS..........................................................................20

23. VACATION..................................................................................................................21

23.6. LIMITATION ON VACATION DURING THE FIRST YEAR OF SERVICE..........21

23.7. LIMITATIONS ON USE OF VACATION LEAVE................................................22

23.10. TIMES AT WHICH VACATION LEAVE SHALL BE TAKEN...............................22

23.12. EFFECTS OF HOLIDAYS UPON VACATION LEAVE ......................................22

23.13. EFFECT OF EXTENDED MILITARY LEAVE UPON VACATION ACCRUAL RATE 23

23.14. VACATION AMOUNTS AT TERMINATION OF ACTIVE EMPLOYMENT.........23

23.15. REQUIRED MINIMUM ADVANCE NOTICE TO BE GIVEN ..............................23

23.16. VACATION DEBIT............................................................................................23

24. BEREAVEMENT LEAVE.............................................................................................23

25. LEAVE FOR JURY DUTY ...........................................................................................24

26. COURT SUBPOENAS ................................................................................................24

26.1. CERTAIN COURT APPEARANCES.................................................................25

27. NEPOTISM..................................................................................................................25

28. OBSERVER AT PROMOTIONAL EXAMINATIONS ...................................................25

28.1. EMPLOYMENT LIST FOR PROMOTIONAL EXAMINATIONS.........................27

29. TEMPORARY UPGRADE PAY...................................................................................28

TABLE OF CONTENTS
iii
2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

30. PROCEDURES FOR GRIEVANCES..........................................................................29

30.1. TIME LIMITS.....................................................................................................29

30.2. EXCLUSION OF NON-RECOGNIZED ORGANIZATIONS: ..............................30

31. LAYOFF ......................................................................................................................31

31.7. SEVERANCE PAY............................................................................................32

31.8. SENIORITY ......................................................................................................32

31.9. SENIORITY AFTER RE-EMPLOYMENT..........................................................32

31.10. MANAGEMENT BUMPING ..............................................................................33

32. SALARIES...................................................................................................................33

32.1. SUPPLEMENTAL PAY.....................................................................................33

32.2. RETIREMENT ..................................................................................................33

32.3. BILINGUAL PAY...............................................................................................33

32.4. SALARY DESIGNATIONS................................................................................33

32.5. ADVANCEMENTS AND PROMOTIONS ..........................................................34

32.6. EFFECT OF CERTAIN PERSONNEL ACTIONS UPON SALARIES.................34

32.7. ELIGIBILITY FOR SALARY ADVANCEMENT ..................................................34

32.8. PROMOTION - EFFECT UPON RATE OF COMPENSATION..........................34

32.9. DEMOTION ......................................................................................................34

32.10. EFFECT OF LEAVE OF ABSENCE WITHOUT PAY UPON SALARY ADVANCEMENT ............................................................................................................34

32.11. POLICE TRAINING OFFICER (PTO)................................................................35

32.12. CANINE HANDLING DUTY ..............................................................................35

33. LONGEVITY................................................................................................................35

33.1. LONGEVITY - LATERAL TRANSFERS............................................................36

34. RETIREMENT PLAN...................................................................................................36

34.1. RETIREMENT FORMULAS..............................................................................36

35. PROBATIONARY PERIOD .........................................................................................37

35.1. PURPOSE OF THE PROBATIONARY PERIOD...............................................37

35.2. LENGTH OF PROBATIONARY PERIOD..........................................................37

35.3. REJECTION DURING PROBATIONARY PERIOD...........................................37

35.4. REJECTION OF PROBATIONER FOLLOWING PROMOTION........................37

35.5. PROBATIONARY PERFORMANCE REPORTS...............................................38

35.6. EFFECT ON LEAVES OF ABSENCE ON PROBATIONARY PERIOD .............38

36. PART-TIME EMPLOYEES..........................................................................................38

37. CITY RIGHTS..............................................................................................................38

38. MEYERS-MILIAS-BROWN ACT (MMBA) NOTICE.....................................................38

39. SAVINGS CLAUSE....................................................................................................38

1 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) 2022-2025

MEMORANDUM OF UNDERSTANDING
Between

CITY OF RICHMOND
And

RICHMOND POLICE OFFICERS' ASSOCIATION
THIS MEMORANDUM OF UNDERSTANDING (MOU), made and entered into by and between RICHMOND POLICE OFFICERS' ASSOCIATION, referred to as “RPOA” or "UNION," and the CITY OF RICHMOND, hereinafter referred to as "CITY," for and on behalf of its members hereinafter identified.

1. THIS MOU BECOMES EFFECTIVE
July 1, 2022, and continues through and including June 30, 2025. This Memorandum embodies all items agreed upon by and between the City and the RPOA.

During the first three months following City Council adoption of this Memorandum, the Parties will meet with the goal of reaching agreement upon one or more side letters concerning the following subjects:
1) Paid Release Time for RPOA business
2) Separate Grievance and Disciplinary Appeal procedures 3) Any other subjects mutually agreed to be discussed by the Parties

2. CONTINUATION OF BENEFITS
Benefits previously negotiated and ratified by the parties hereto shall continue in effect during the term of this Memorandum except as stated in this Agreement.

3. SWORN OFFICER
The term "Sworn Officer" as used herein shall mean employees in the classifications of Police Officer and Police Sergeant.

4. RECOGNITION
The City recognizes the Union as the sole representative of the Police Bargaining Unit consisting of the following classifications:

2 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Police Officer
Police Sergeant
The addition or deletion of classifications from this representation unit by the City Manager will be made in conformance with the City’s current Employer-Employee Relations Resolution.

5. PAYROLL DEDUCTIONS
The City agrees to automatic dues deduction for Sworn Officers, in accordance with State Law.

5.1. APPLICABLE LAW
The City shall deduct Union dues or service fees and premiums for approved insurance programs from employees' pay in conformity with State and local regulations. The City shall promptly pay over to the designated payee all sums deducted.

The City agrees to electronically forward the total dues collected to the RPOA’s designated account.

5.2. EFFECT OF NON-PAID STATUS
The employees' earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of the appropriate Union dues. When a member in good standing of the Union is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings, nor will the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in a non-pay status during only a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues.

5.3. MAINTENANCE OF MEMBERSHIP
All employees in the classification defined in Section 4 of this MOU who are currently paying Union dues and all employees in such classifications who hereafter become members of the Union shall pay dues to the Union for the duration of this MOU.

5.4 NEW EMPLOYEE ORIENTATION
The Police Department will continue to provide an opportunity for RPOA to address new hires during a Department orientation program for new employees. The Police Department will notify RPOA at least ten (10) calendar days in advance of a scheduled orientation, unless there is an urgent need that was not reasonably foreseeable.

3 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

5.5 EMPLOYEE INFORMATION
The City will provide the employee information it has on file in compliance with State law for all new hires in the bargaining unit within thirty (30) days of hire, as well as all employees represented by RPOA at least once per quarter.

6. BULLETIN BOARDS
Reasonable space shall be allowed on bulletin boards as specified by the Police Chief for use by the Union to communicate with departmental employees. Material shall be posted upon the bulletin board space as designated, and not upon the walls, doors, file cabinets or any other place. Posted material shall not be obscene, defamatory, or of a partisan political nature, nor shall it pertain to public issues which do not involve the City or its relations with City employees. All posted material shall bear the identity of the sponsor, shall be neatly displayed, and shall be removed when no longer timely. The RPOA may, with the consent of the Chief of Police, utilize the City/Police Department electronic mail system to communicate with members concerning association business.

7. USE OF CITY FACILITIES
City facilities may be made available upon timely request for use by employees and the Union. The request for such use shall be made to the management person under whose control the facility is placed.

8. UNION REPRESENTATION
Employee members of the Union's bargaining committee, not to exceed six (6) in number, shall be allowed time to absent themselves from duties for a reasonable period without loss of pay when meeting with City representatives in meet and confer sessions. Employee members of the Union's bargaining committee shall be extended the same privilege to participate in any meetings mutually called by the parties during the terms of this Agreement for review of grievances and contract compliance questions.

8.1 UNION BUSINESS LEAVE
With seven (7) days advance notice and at the sole discretion of the Chief of Police or the Assistant Chief of Police, whose decision shall be final, Association Board members may be granted paid leave at their regular, straight-time rate of pay, to attend to Association business when such business would conflict with the regular work schedule of the Board member. “Association business” shall mean attendance at conventions, seminars, official Association general membership meetings, and official Association Board meetings, all of which must be related to employer-employee relations and involving matters solely pertaining to the bargaining unit covered by this MOU. All requests for leave under this section shall be made in writing on a form prescribed by the Chief of Police. Additional requests for union business leave may be granted on a case-by-case basis at the sole discretion of the Chief of Police

4 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) or Assistant Chief of Police.

9. REST PERIODS
Each employee shall be granted a rest period of fifteen (15) minutes during the first (1st) half of the employee's work shift and one additional fifteen (15) minutes rest period during the second (2nd) half of the employee's work shift; provided, however, that rest periods are not scheduled during the first or last hour of such period of work. There is no obligation upon the City to provide facilities for refreshments during the rest periods or for procurement thereof.

A meal period of thirty (30) minutes shall be taken by each employee during each assigned shift no sooner than one hour after commencement of the shift and not later than one hour prior to the end of the shift.

9.1 PHYSICAL FITNESS
Employees may, upon approval by the on-duty supervisor, extend their lunch period by no more than sixty (60) minutes in order to engage in a physical workout. Employees availing themselves of this opportunity will limit their workout to within the Richmond City limits and remain available and reachable by telephone during the entire period in the event of a specific need. As is the case with any lunch period, the needs of the City and Department take precedence.

10. HOURS OF WORK AND OVERTIME
The normal work week may consist of either eight (8), or ten (10) hours per day, twelve and one-half (12.5) hours per day, forty (40) hours per week, or a nine-eighty (9/80) schedule consisting of one thirty-six (36) hour week and one forty-four (44) hour week over nine (9) working days. The ten (10) hour schedule shall consist of four (4) consecutive ten (10) hour days followed by three (3) consecutive days off. The twelve and one-half (12.5) hour days shall consist of three (3) consecutive twelve and one-half (12.5) hour days followed by four (4) consecutive days off. Employees assigned to the twelve and one-half (12.5) hour schedule shall work one ten (10) hour day each twenty-eight (28) day Fair Labor Standards Act (FLSA) work cycle for a total of one hundred sixty (160) hours during each such FLSA cycle. This ten (10) hour day shall be consecutive to a three (3) day work week and shall occur during the twenty-eight (28) day FLSA cycle. Other schedules may be implemented upon mutual agreement between the Parties hereto.

An employee shall be paid at time and one and one-half (1-1/2) the member's regular rate after working in excess of their normal workday, or in excess of forty (40) hours of time worked in a given week, except when working the regularly scheduled forty-four (44) hour week within a 9/80 plan or any other mutually agreed upon schedule. Employees working a 9/80 plan will receive overtime pay when working over eighty (80) hours in their normal two (2) week 9/80 period or in excess of their normal workday. Employees working the ten (10) or twelve and one-half (12.5) hours schedule, shall be paid overtime for time worked in excess of their normal workday and for time worked in excess of one hundred sixty (160) hours in a twenty-eight (28) day FLSA cycle. The City has established a twenty-eight day

5 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) 207(k) work period for all eligible law enforcement personnel, regardless of rank, pursuant to the Fair Labor Standards Act (FLSA). Under this 28-day FLSA work period (also referred to as FLSA cycle), the FLSA overtime threshold is one hundred and seventy one (171) hours actually worked in the 28-day work period. Overtime for any other mutually agreed upon schedule shall be determined upon mutual agreement of that schedule. For purposes of this subsection, time worked shall include all paid leaves, such as vacation time, holidays, comp time, jury duty, bereavement, and sick leave.

The calendar week shall begin at 12:01 (0001) Sunday morning and shall end at 12:00 (0000) midnight Saturday.

10.1. Employees assigned to serve in an acting capacity shall be paid overtime based on the following:

Employees shall receive time and a half based on the regular pay rate reflecting the duties being performed during the specific hours involved, i.e., employees working overtime in an acting capacity shall be paid one and one-half (1-1/2) times their acting regular pay rate, and employees working overtime in their regular classification shall be paid one and one-half (1-1/2) times the regular pay rate applicable to that classification.

10.2. Regular pay rates, premium, and overtime are based upon the rate of pay applicable to the shift to which the employee is regularly assigned. Regular pay rates as used throughout this Section 10, include supplemental pay for education/training, attainment of degrees and certificates, shift differentials, longevity pay and other add-on pays as may be required by law or by agreement of the parties.

10.3. All overtime requires prior authorization and approval by the Police Chief or designee Employees must report all time worked on their timecards.

10.4. Each employee who has earned overtime compensation shall have the right to request either cash payment or compensatory time off (CTO). Employees will be allowed to accumulate up to one hundred twenty (120) hours of CTO. CTO accumulated in an amount in excess of one hundred twenty (120) hours shall be paid off in cash. The City may at its option cash-out up to one-half of each employee’s CTO accumulation (a maximum of 60 hours) by no later than November 15 of each calendar year. CTO will be paid consistent with the FLSA.

When requesting use of CTO, employees agree to provide the following advance notice:

1. One (1) week advance notice for use of one (1) accumulated CTO day off.

2. Two (2) weeks advance notice for use of two (2) consecutive accumulated CTO days off.

3. Three (3) weeks advance notice for use of three (3) consecutive accumulated CTO days off.

4. Four (4) weeks advance notice for use of four (4) or more consecutive accumulated CTO days off.

6 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Employees adhering to the above advance notice schedule shall not be denied their requested accumulated CTO days off unless granting such a request would result in undue disruption of the Department’s operations. For purposes of this section, “undue disruption” shall include a situation which results in more than two (2) employees on the same team being off on vacation, holiday, or CTO leave at any one time.

10.5. EFFECT OF TERMINATION OF EMPLOYMENT UPON OVERTIME Each employee who resigns or is otherwise terminated shall be entitled to compensation for their accumulated overtime of record.

10.6. ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules governing hours of work, holidays, and leaves. Absence without authorized leave may be cause for disciplinary action.

11. MISCELLANEOUS ALLOWANCES
The following allowances shall apply to employees covered by this MOU.

11.1. UNIFORM REIMBURSEMENT
Sworn Officers shall receive an annual allowance of eight hundred dollars ($800.00) for uniform purchase and maintenance and shall elect by December 1 of each year whether to receive the reimbursement semiannually or monthly. Semiannual reimbursement will be paid in two (2) equal installments with the first paycheck in June and the second paycheck in December; monthly reimbursement will be paid in twelve equal installments with the second paycheck in each month.

11.2. UNIFORM DAMAGE
The City agrees to maintain its procedure for reimbursement of Sworn Police personnel for uniforms damaged in the course of their employment. Such reimbursement will be made for repair where repair is practical and for replacement of items where damage precludes repairing the item to department inspection standards. Reimbursement for replacement will be on a formula ranging from a maximum of one hundred percent (100%) to a minimum of fifty percent (50%) of cost depending on the number of months the item has been in service.

11.3. MEAL ALLOWANCE
A $10.75 meal allowance shall be allowed each employee, who is otherwise eligible to be compensated for overtime, for each four (4) hour period of overtime the member works beyond their normal work shift on a regularly scheduled workday. Such meal allowance shall also be allowed for each employee who works more than four (4) hours of unscheduled

7 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) overtime on any of the member's normal days off.

For the purpose of this subsection, “overtime” is considered to be unscheduled unless the request for such overtime is made more than eight (8) hours before the beginning of such overtime. No receipt is required to be submitted with the claim for reimbursement. Such claims shall be paid as soon as possible, but in no event later than sixty (60) days from the date the claim is submitted.

When appearing in court in an out of town case, employees shall be eligible for a $10.75 meal allowance if the court recesses for lunch and reconvenes. No receipt is required to be submitted with the claim for reimbursement. In unusual circumstances, reimbursement for a higher amount may be requested by submitting a written justification through the chain of command. The claim for the meal shall be approved by the affected employee’s Bureau Commander and forwarded to the Management Section. Such claims shall be paid as soon as possible, but in no event later than sixty (60) days from the date the claim is submitted.

11.4. WELLNESS PROGRAM
All Sworn Officers covered by this agreement are eligible for approved wellness program activities in an amount up to $250.00 per fiscal year for health club membership or reimbursement of personal physical fitness equipment.

11.5. TRAINING REIMBURSMENT
All RPOA employees/members shall be provided with the necessary subsistence to attend Police Officer Standards and Training (POST) training no later than one (1) week before the employee’s scheduled training date. In addition to this, the City shall pay for all employee training related expenses, such as hotel, ground transportation, and parking, prior to the employee attending the training.

The City shall provide the employee with the subsistence amounts established by POST and listed below, as identified in the POST Administrative Manual. In return, the Personnel and Training Unit shall prepare and disseminate a POST Tuition Reimbursement Request form (TRR) to each employee who is attending POST training. It shall be incumbent upon the employee to ensure the TRR is submitted to the appropriate POST personnel prior to the completion of their scheduled training to ensure proper reimbursement to the City of Richmond.

There shall be no additional responsibilities assigned to members who attend POST training upon their return to normal work assignment. It will be the responsibility of the Personnel and Training Unit to maintain the appropriate documentation and files in a manner which is in compliance with POST standards and regulations and to be made available upon request for POST auditing purposes.

8 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Expense Reimbursement Rate
Course Subsistence $50.00 per day (Subject to annual adjustments per POST)
Commuter Lunch $8.00 per day
Travel (mileage when
using POV)
Go to http://www.calhr.ca.gov for current mileage
rate

12. HOLIDAYS
Sworn Officers (other than those identified in Section 12.1 below) shall be permitted to exercise either of the following options for utilization of holiday allowances:
a) Full pay at straight time for fourteen (14) days with no holiday taken as days off. b) Up to but not in excess of seven (7) days off and pay at straight time for seven (7) days.

Employees shall elect by December 1 of each year whether to receive holiday pay semiannually or monthly. Semiannual reimbursement will be paid in two equal installments with the second paycheck in June and the second paycheck in December; monthly reimbursement will be paid in twelve equal installments with the second paycheck in each month.

The rate at which an employee is compensated for holiday pay pursuant to this Section includes: straight pay (base wage), longevity incentives, shift incentives, supplemental pay for education, Investigative division incentive, motorcycle incentive, acting pay, bilingual pay and any other special compensation which may be negotiated between the parties.

12.1. Those Sworn Officers who are assigned to specific duties where the work schedules and holiday benefits in fact are the same as or similar to those applicable to general employees' bargaining unit shall not be entitled to these cash payments in lieu of holidays.

The holidays for such employees are as follows:

Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
and the Friday following
Christmas Day December 25
New Year's Day January 1
Martin Luther King Jr's Birthday Third Monday in January Presidents’ Day Third Monday in February

9 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Memorial Day Last Monday in May

12.2. In addition to the holidays listed in the preceding paragraph, such employees shall be granted one (1) paid "floating holiday" per calendar year which may be taken at any time during the calendar year subject to the approval of the employee's department head. Said holiday must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year.

Each of these employees shall be entitled to eight (8) hours off without loss of pay on the last regular workday before Christmas, New Year's Day, or before another recognized religious or cultural holiday. This is a once-a-year benefit, not to be used prior to more than one holiday.

Employees covered by section 12.1 shall be entitled to pay for eight (8) hours for the day prior to Christmas.

When an employee covered by Section 12.2 takes time off, the first hours the member takes off will be automatically credited towards the member's holiday days, unless the officer indicates otherwise. Once all holiday hours are exhausted for the calendar year, subsequent days will be vacation or CTO as requested.

13. PERS Medical Plans

13.A.1. CAFETERIA OPTION
Bargaining unit members who opt not to utilize the RPOA benefit package, and who can document to the City's satisfaction that the member has comparable group insurance benefits through a spouse's plan or through another source (e.g. retired military benefits) shall receive a payment of $244 a month in lieu of the health and welfare premium. This option is available upon initial employment and at the annual insurance benefits "open period." Bargaining unit members receiving $244 in lieu of benefits may apply the credit towards an IRS Section 125 Flexible Benefits Plan.

13.B.1. The City shall contract with the CALPERS Health Benefits Program to provide medical insurance for all active employees, future retirees and future eligible survivors.

Eligibility of retirees and survivors of retirees to participate in this program shall, be in accordance with the regulations promulgated by CALPERS.

13.B.2. The City shall pay the minimum required amount per month to CalPERS on behalf of each active employee, eligible retired employee, or eligible survivor of a retired employee who subscribes with CalPERS for coverage. This amount on behalf of retirees or their eligible survivors shall be increased annually as required by CalPERS regulations.

13.B.3. In addition to the contributions listed above, the City shall establish a benefit account for each active employee eligible for medical coverage who has enrolled in one of the

10 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) CALPERS medical insurance plans offered by the City. All such employees shall receive monthly contributions from the City into their benefits account. Payment shall be sufficient to cover the premium of the Kaiser North medical plan less the amount the employee receives indicated in Section 13.B.2. For employees with no dependents, the amount shall be at the single premium rate; for employees with one dependent, the amount shall be the two-party rate; and for employees with more than one dependent, the amount shall be the family rate.

If any employee chooses a plan more expensive than the Kaiser North medical plan, the City contribution shall be no more than the Kaiser North premium less the amount the employee receives indicated in Section 13.B.2. at the appropriate single, two-party, or family rate, and the excess premium cost shall be paid by the employee. The City shall pay any increased premiums in the Kaiser North medical plan or in plans that are less expensive.

13.B.4. The City shall not treat the City contributions of the amount the employee receives indicated in Section 13.B.2 or the Employee Benefit Account as compensation subject to income tax withholding unless the Internal Revenue Service or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state, or local tax liability, or penalty that may arise out of the implementation of this section.

13.B.5. Employees shall have the right to inform the City of an increase in their dependents at any time and have the amount contributed be adjusted accordingly, in accordance with CALPERS or the insurance carrier’s rules. Employees shall be required to inform the City of any reduction in dependents and a corresponding reduction in premium amounts contributed by the City shall be made.

13.B.6. The City agrees to continue payment for health benefits to CALPERS for the surviving spouse of an officer killed in the line of duty until such spouse remarries, and for the surviving children of such officer until each reaches the age of 18 or is no longer a dependent of the surviving spouse (as determined by I.R.S.) whichever is earlier.

13.B.7. Retired Employees
Employees retiring on or after July 1, 2004, will receive longevity retirement benefits* based on the following chart:

Years of Service With
the City of Richmond:

Percent of Premium Paid Not to exceed $827 total
towards health, dental, and vision nor 100% of the actual combined premiums:
25 years or more 100%
15 through 24 years 90%
10 through 14 years 50%
*Benefits are based on the retiree’s status as single, one dependent, or more than one dependent.

11 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) For purposes of determining Years of Service for members of the bargaining unit, all prior service as a sworn member of 1) the California Highway Patrol; 2) any California Sheriff’s Department; 3) any California Municipal Police Department; and/or 4) the Bay Area Rapid Transit District Police Department shall count as Years of Service with the City of Richmond upon the member’s completion of five (5) consecutive years of service from the member’s date of hire with the Richmond Police Department.

13.B.7(a). Retiree Health Benefit Contribution
 Effective 01/01/2017, employees in RPOA classifications, will contribute $150 per month toward retiree health benefits.
 Effective 01/01/2018, employees in RPOA classifications will contribute an additional $75 per month toward retiree health benefits, for a total monthly contribution of $225 per month toward retiree health benefits.
 Effective 01/01/2019, employees in RPOA classifications will contribute an additional $25 per month toward retiree health benefits, for a total monthly contribution of $250 per month toward retiree health benefits.
 Effective 01/01/2020, employees in RPOA classifications will contribute an additional $25 per month toward retiree health benefits, for a total monthly contribution of $275 per month toward retiree health benefits.
 Effective 01/01/2021, employees in RPOA classifications will contribute an additional $25 per month toward retiree health benefits, for a total monthly contribution of $300 per month toward retiree health benefits.

The City and the RPOA mutually agree that all retiree health benefit contributions shall be placed into an irrevocable CALPERS account, with the City providing quarterly updates to the RPOA.

The Retiree Health Benefit Contribution monthly payments (as outlined in 13.B.7(a).) shall be spilt evenly across the two pay periods in each month.

13.B.7(b). Employees who contributed monies toward the retiree health benefits pursuant to Section 13.B.7(a) of this MOU and are entitled to receive retiree health benefits pursuant to Section 13.B.7 of this MOU, shall have a vested right to the retiree health benefit during their employment and continuing throughout their retirement. Such vested benefit is not subject to unilateral modification or elimination by the City and is subject only modification by mutual written agreement of the parties.

13.B.8. For those retiring as Police Officer or Police Sergeant, to be eligible for the benefit in section 13.B.7, the retiree must: 1) be enrolled in a medical plan offered through CALPERS at time of separation and thereafter; and 2) be eligible for a CALPERS retirement.

13.B.9. The payment for retirees set forth in Section 13.B.7 shall be made monthly from the

12 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) date of retirement in accordance with the CALPERS Medical program. If there are changes in a retiree’s family status, and the retiree fails to report the change in status to the City within 30 days of its occurrence, the retiree shall be liable for refunding the excess amounts received.

13.B.10. If a retiree qualifying for benefits in Section 13.B.7 is survived by a spouse who qualifies as an annuitant (i.e., is continuing to receive a pension from CALPERS or the City) said surviving spouse shall receive all the benefits described in Section 13.B.7 and be subject to the same administrative procedures.

14. FLEXIBLE BENEFITS PLAN
The City established a Flexible Benefits Plan under the provisions of IRS Section 125, subject to any changes in Federal law or regulation that may occur. The Flexible Benefits Plan will be available to all bargaining unit employees.

Employees may use their own funds on a tax-free basis to participate in the Flexible Benefits Plan. The maximum amount that can be applied by an employee during the Plan year is $5,000.

Options available through the Plan are:

1. Medical Premiums

2. Dependent Care

3. Health Care Reimbursement

15. OTHER INSURANCE

15.1. LONG TERM DISABILITY INSURANCE
The City agrees to pay the Richmond Police Officers' Association the cost per month per member to cover the cost for the Long-Term Disability Trust Fund. The Association shall administer payments to the Trust Fund and handle all claims relative to this coverage for the life of this contract.

15.2. GROUP LIFE INSURANCE
The City will provide $50,000 group life insurance/accidental death and dismemberment coverage for full-time employees in this bargaining unit.

15.3. EMPLOYEE ASSISTANCE PROGRAM
The City will contract with an Employee Assistance Program (EAP) to provide up to twelve counseling visits without cost to the member per year.

13 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

15.4. DENTAL INSURANCE
RPOA members are covered by the City’s dental plan. The City shall contribute the full premium toward group dental plan benefits for employees and dependents, including $1,500 for non-PPO dentists, $1,700 maximum for PPO dentists, and a $2,000 maximum for orthodontic coverage.

Part of the amount available through section 13.B.7 may be applied towards retiree dental insurance. Once a retiree has dropped the dental plan, the retiree may not re-enroll at a later date.

15.5. VISION PLAN
Members are covered by the City’s vision plan. The City shall contribute the full premium for a no deductible group vision plan providing for eye exams and new lenses every twelve months and new frames every twenty-four months.

Part of the amount available through section 13.B.7 may be applied towards retiree vision insurance. Once a retiree has dropped the vision plan, the retiree may not re-enroll at a later date.

16. SUPPLEMENTAL PAY FOR ATTAINMENT OF DEGREES AND CERTIFICATES A Sworn Officer, who has achieved college degrees, approved POST Certificates or the equivalent in approved college units in addition to the required ongoing biannual advanced officer POST course, shall receive the following supplemental pay above the member's regular salary:

AA Degree or
POST Intermediate Certificate . . . . . . . . 2-1/2%
OR
BA Degree and higher or
POST Advanced Certificate . . . . . . . . 5%

16.1. SUPPLEMENTAL PAY FOR EDUCATION/TRAINING
A Sworn Officer who has completed three (3) consecutive years of satisfactory service and who completed forty-eight (48) hours of approved training outside of normal working hours during fiscal year, shall as provided for in Section 16 above, receive the following:
a. Sworn Officer who qualified for five percent (5%) supplemental pay in Section 16 above (has attained a BA, POST Advanced Certificate, or higher)....... 2-1/2% b. Sworn Officer who does not qualify for five percent (5%) supplemental pay in Section 16 above (has not achieved a BA or POST Advanced Certificate).... 5%

14 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) NOTE: The total pay supplements for any Sworn Officer who qualifies for supplemental pay under both Sections 16 and 16.1, is seven and one-half percent (7-1/2%)

16.2. A Sworn Officer, hired prior to January 1, 1992, who achieves a BA Degree or the POST Advanced Certificate and who qualifies for supplemental pay for education/training as provided for in Section 16.1 for three (3) consecutive years, will continue to receive the supplemental pay.

16.3. A Sworn Officer, hired prior to January 1, 1992, who possesses a Master’s Degree, shall be entitled to supplemental pay for education/training as provided for in Section 16.1 after three (3) years of consecutive service without further qualification.

A Sworn Officer, hired on or after January 1, 1992, who possesses a Master’s Degree shall be entitled to supplemental pay.

16.4. SUPPLEMENTAL PAY
Sworn Officers assigned to the Investigative Division, including sergeants assigned to the Chief’s Office, Office of Professional Accountability (OPA), whose primary duty involves conducting “IA” investigations, shall receive a five percent (5%) supplement to their base salary. Sworn Officers assigned to traffic enforcement on motorcycles shall receive a five percent (5%) supplement to their base salary.

17. CALL-BACK TIME
An employee called back to work shall be credited with a minimum amount of three (3) hours at the overtime rate. The three (3) hours of overtime shall begin at the time the employee reports to their work location. Call-back shall be based upon a proper request to an employee after that employee has completed the normally assigned duty hours of that workday and has left the City job with the anticipation of being off duty until the next scheduled day. Callback time shall not be credited to an employee when the employee is called to work prior to the starting time of the member's regularly scheduled shift and remains at work from the time the member reports until the starting time of the regular shift. Call-back time shall not be credited to an employee when overtime is scheduled with twenty-four (24) or more hours of advance notice.

The Department may assign law enforcement duties to employees called back for an entire three (3) hour period.

17.1. Time which is worked as overtime within the provisions of Section 10 and which exceeds the three (3) hours stated in this section shall be compensated under the provisions of Section 10. Call-back time shall not be credited to any employee for time worked during the normal work day for that employee.

A bargaining unit member called back to duty and who is not re-contacted canceling the call back within fifteen (15) minutes from initial notification shall be entitled to receive the three

15 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) (3) hours minimum. For purposes of calculating time worked in excess of the three (3) hour minimum, the bargaining unit member’s time of arrival at either the police department or designated call back incident, whichever occurs first, shall be used.

17.2. REQUIRED ATTENDANCE FOR MANDATORY MEETINGS OR TRAINING An employee required to attend a mandatory meeting or training session, not contiguous with the regular shift of the employee, shall be credited with a minimum of three (3) hours' pay at the overtime rate. Meetings and training sessions that are contiguous with the shift shall be compensated on an hour per hour basis, at the overtime rate.

18. LEAVES OF ABSENCE
The following shall be considered as normal types of leaves of absence:

18.1. LEAVE OF ABSENCE WITHOUT PAY
The City Manager, at his/her discretion, may grant a leave of absence without pay for a period not to exceed one (1) year.

18.2. No employee shall be granted a leave of absence without pay for a period in excess of three (3) days unless:

a) the member makes written request of the department head, stating the reasons; b) the department head recommends it;
c) the Director of Human Resources Management Department (HRMD) recommends favorable action to the City Manager; and
d) the City Manager approves it.
e) Absence without leave, for three (3) consecutive days shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: phone calls; first class mail and/or registered mail to their last known address and emergency contact person(s), if known. If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.

If the employee or an authorized representative of the employee contacts the City within 30 calendar days of the date of resignation requesting reinstatement, the City will, on a case by case basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee. This provision in no way limits the discretion of the City to discipline an employee for his or her absence without leave.

16 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

18.3. A request for a leave of absence without pay for a period of three days or less may be granted to an employee by the Police Chief.

18.4. Failure on the part of an employee to report promptly at the expiration of his leave may be considered as cause for disciplinary action or discharge.

19. LEAVE OF ABSENCE WITH PAY
The City Manager, upon recommendation of the department head and the Director of HRMD, shall have the authority to grant leave of absence with pay. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except where a leave of absence with pay is to extend for a period of more than two (2) calendar weeks, it shall require specific Council approval.

20. MILITARY LEAVE AND EXTENDED ACTIVE DUTY
Military leave shall be granted in accordance with the provisions of applicable law. All employees entitled to and taking military leave shall give the department head the right, within the limits of military necessity and regulations, to determine when such leave shall be taken.

20.1. No person shall be appointed permanently to a position from which another is on military leave. However, an employee appointed to fill a position of another employee on a military leave of absence may apply to another position in the same class if there is a vacancy.

20.2. Employees on military leave for annual military reserve training shall be entitled to receive their full salary less any pay received from the military while on such leave. When an employee is called for and serves extended active duty in the U.S. military, not including such activities as military reserve training, the City will pay the difference between the employee’s extended active duty pay and their regular pay for a period of up to twelve (12) months. This will only occur when the employee’s City pay is higher than the employee’s military pay. In the event of extended active duty longer than twelve months, an employee may use accrued vacation on a pro-rated basis to make-up the difference between military pay and the employee’s base pay.

20.3. MILITARY SERVICE CREDIT
Bargaining unit members may "buy-back" time served on active duty with the U.S. military prior to employment with the City, pursuant to Public Employees Retirement System (CALPERS) rules and regulations to the extent allowed by law.

21. SICK LEAVE
Each employee shall be entitled to leave of absence from duty without loss of salary, in each calendar year, on account of sickness, disability caused by pregnancy, or non-job injury.

17 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Each employee shall accrue sick leave credits at the rate of one day (eight (8) hours) per month of service beginning thirty (30) calendar days immediately following original appointment. There shall be no limit on the number of sick leave days that an employee may accumulate. A Sworn Officer, who laterally transfers from another Law Enforcement Agency on or after July 1, 2006, shall be able to transfer fifty percent (50%) of their accrued sick leave balance with that agency, not to exceed eighty (80) hours.

21.1. PAYMENT FOR SICK LEAVE
Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty-five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Employees shall express their preference no later than January 15 each year, and payment will occur no later than February 15 each year. When an employee elects to receive payment in cash or vacation time, the member's sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee's credit. To be eligible for this provision, an employee must have been a full-time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.

Any employee who retires from City service other than for disability reasons shall be entitled to receive pay for sixty-five percent (65%) of the member's accumulated sick leave at the effective date of the member's retirement. If an employee dies while on the City's payroll, the member's estate shall receive the above - 65% cash out of the member's sick leave balance.

Cash buyout of sick leave shall be computed at the officer’s regular, straight-time, base rate of pay including any applicable longevity and/or educational incentive premiums.

21.2. FAMILY SICK LEAVE
A bargaining unit member may use sick leave for illness or injury to a member(s) of the member's family. For purposes of this section, family member is defined as child, parent, spouse or domestic partner. Such usage of sick leave shall be within the amounts specified in Section 21.

21.3. TYPES OF MEDICAL CARE QUALIFYING FOR SICK LEAVE
Sick leave properly may be used for the following or similar purposes: illness, non-job disability, dental care, diagnosis, and therapy when requested or ordered by competent medical-dental authority, and family illness or injury as indicated in Section 21.2.

21.4. DOCTOR'S CERTIFICATE OF ILLNESS
A doctor's certificate or verification of the employee’s illness, date(s) the employee was incapacitated, and the employee’s ability to return to work, must be furnished by the

18 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) employee at the request of the City Manager or department head (or his or her designee).

21.5. CALPERS CREDIT FOR SICK LEAVE
Pursuant to the CalPERS regulations, employees who retire from City of Richmond employment shall be entitled to convert all unused sick leave credits to service credit for the purpose of calculating retirement benefits at the rate of .004 years of service for each unused day of sick leave in accordance with the provisions of Section 20862.8 [superseded by Government Code Section 20965] of the California Government Code.

21.6. PARENTAL LEAVE
a) All natural mothers shall be granted a leave of absence without pay for a period up to four months. An additional two months shall be granted with appropriate medical documentation. During this leave, the City will continue to pay the premium for her medical plan and long-term disability plan, subject to policy rules and regulations.
b) All parents or adoptive parents shall be granted thirty (30) days leave without pay commencing one week prior to the birth or adoption of a child, during which time the City will continue to pay the premium for the employee's medical plan. c) All parents granted a leave of absence as described in 21.6.a. and b. above shall receive forty (40) hours paid leave as part of their Parental Leave. Employees shall be entitled to receive the aforementioned forty (40) hours paid leave at the beginning of their Parental Leave.
d) All leaves described in this Section 21.6 run concurrently with Federal Family and Medical Leave Act of 1993 (FMLA), California Family Rights Act (CFRA) and/or Pregnancy Disability Leave (PDL) as legally appropriate.

21.7. FAMILY AND MEDICAL CARE LEAVE
Pursuant to State and Federal law, the City will provide family and medical leave for eligible employees. The following provisions set forth members' rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the FMLA and the regulations of the California Fair Employment and Housing Commission implementing the CFRA. Unless otherwise provided by this section, "leave" under this section shall mean leave pursuant to the FMLA and the CFRA.
a) Amount of Leave: Eligible members are entitled to a total of 12 workweeks of leave during any 12 month period. A member's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

19 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) b) The 12 month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever a member requests leave under this provision, the City will look back over the previous 12 month period to determine how much leave has already been used under this provision and determine the balance available.
c) Use of Other Accrued Leaves While on Leave: If a member requests leave for their own serious health condition, the member must also exhaust City-paid leaves concurrently with the leave.
d) While the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that the leave will be needed in the future, but does not know the exact date(s) (i.e.: for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.

22. WORKERS COMPENSATION LEAVE
Any City employee, who is unable to work because of bodily injury or sickness which occurs while they are acting within the course and scope of their employment, shall be paid their full salary up to a maximum of fifty-two (52) weeks from the date that they were unable to work in accordance with Labor Code Section 4850, subject, however, to the following conditions:

22.1. A return to duty or retirement with pension within said period of time shall automatically terminate the City's liability hereunder.

22.2. During the time the employee is receiving total temporary disability compensation payments, the City shall make payment in accordance with Labor Code Section 4850 as applicable. If, after completion of disability leave, it is determined that a permanent and stationary disability exists, it shall be the City’s decision to retire the employee.

22.3. The termination by the City of payments under this Section 22 shall terminate the City’s liability hereunder for the payment of full salary. If, within sixty (60) days after the termination of said total temporary disability compensation payments, an employee applies for a hearing before the Workers’ Compensation Appeals Board (WCAB), the employee’s full salary shall be paid forthwith pending decision by the WCAB, but not to exceed a total of fifty-two (52) weeks from the beginning of the injury or illness.

22.4. In the event that it shall be determined from competent medical evidence that it is reasonably probable that an employee absent on compensation leave will not be physically

20 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) or mentally able to perform the full duties of their position, the City shall terminate their right to any contribution toward their salary. Said employee shall be obligated to immediately apply for a disability pension. The employee's department head shall be responsible for the administration of the provisions hereof, and shall require the employee to submit periodic medical reports and also, if necessary, require the employee to submit to such medical examinations as may be necessary to provide the City with information as to the employee's physical and mental condition. Said employee shall cooperate fully with the City.

On the employee's date of disability retirement, the employee shall be entitled to receive as final settlement, a lump sum payment of sixty percent (60%) of their sick leave accumulated up to their retirement date.

Cash payouts of sick leave shall be computed at the officer’s regular, straight-time, base rate of pay including any applicable longevity and/or educational incentive premiums.

22.5. During the time that an employee is disabled by reason of bodily injury or sickness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period.

22.6. An employee absent from duty under this Section 22 shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave.

22.7. In the event that an employee's injury or sickness results from the carelessness or negligence of a third party, the City of Richmond shall have the same right of subrogation for reimbursement of salary paid as does the City's compensation carrier under the Labor Code of the State of California.

22.8. In case a dispute arises by reason of the provisions of this Section 22, the City Manager shall have the right to make such investigation as they deem advisable and they shall make a determination in accordance with the provisions of City of Richmond Resolution No. 241-95, or as such resolution may hereafter be amended, subject to any mandated meetand-confer requirements.

22.9. An employee may use sick leave to integrate with Temporary Total Disability (TTD).

This will allow an employee to receive full salary (TTD and sick leave integration).

22.10. LIGHT DUTY ASSIGNMENTS
Any member temporarily assigned to a “light duty” position or assignment, shall remain on the shift (including both team and hours) which that member previously was assigned to prior to sustaining the injury/condition which necessitated the light duty assignment. The light duty accommodation shall continue for the duration of the light duty assignment (in no event will the light duty assignment accommodation last longer than six (6) months) until the next seniority signup. While on light duty, with prior notice, the Department will modify the member’s shift hours to avoid overtime prior to attendance at medical appointments and

21 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) court appearances. Upon service of a subpoena or notification of a medical appointment, the member shall notify their immediate supervisor via City email of a needed scheduled modification to avoid incurring overtime expenses.

23. VACATION
Each employee shall be eligible for vacation leave as described in the following sections.

23.1. The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed. As one aid in achieving this purpose, vacation generally shall be used in units of not less than five (5) consecutive working days. However, an employee may use vacation leave in lesser amounts when authorized to do so in writing by the department head.

23.2. The authorized annual vacation leave for employees covered by this agreement shall be:

YEARS OF SERVICE HOURS OF VACATION
1-3 80 HOURS
4-12 120 HOURS
13-20 160 HOURS
21-25 200 HOURS
26+ 240 HOURS
Effective July 1, 2006, A Sworn Officer, who has laterally transferred from another Law Enforcement Agency, shall accrue Vacation Hours based on years of law enforcement service up to a maximum of ten (10) years of service previous to the City of Richmond.

23.3. Compensation for vacation leave shall be the rate, including any applicable premium pay, which the employee was regularly receiving prior to the vacation leave.

23.4. Employees may use their vacation entitlement in no less than one (1) hour increments.

23.5. Upon reinstatement or re-employment to the Classified Service, the employee's years of service, for the purposes of computing vacation rights, shall be based upon the anniversary date established under the provisions of Section 31.9 of this agreement.

23.6. LIMITATION ON VACATION DURING THE FIRST YEAR OF SERVICE Each employee working in a regularly established, continuing position in the Classified Service normally must have served one (1) year continuously in order to be eligible for vacation leave. When unusual needs exist and after proper formal approval has been obtained, an employee, after six (6) months of continuous service, may be permitted to take accumulated vacation.

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23.7. LIMITATIONS ON USE OF VACATION LEAVE
No employee shall take a vacation that lasts longer than the employee’s annual accrual unless authorized by the Department Head. An employee may take multiple vacations if the employee has sufficient accrued vacation time.

23.8. No employee in the Classified Service shall accumulate more than the equivalent of two annual vacation periods plus 112 hours. The Department shall schedule vacation off, on or before an employee reaches the vacation maximum.

An employee on 4850 leave will continue earning vacation for up to one year, in excess of the above limitation, while on 4850 leave. Upon return to work from 4850 leave, the employee may continue to earn vacation for an amount equal to the time they were on 4850 leave, but not to exceed a period of six months. After that six-month period, the employee shall cease to earn additional vacation if the member is above the two annual vacation periods plus 112 hours limitation.

23.9. Vacation which was deferred at the request or order of the department and approved by the City Manager is excluded from the preceding provisions of Section 23.8.

23.10. TIMES AT WHICH VACATION LEAVE SHALL BE TAKEN
The times at which an employee shall take their vacation leave during the calendar year shall be determined by the Police Chief, or their designee, with due regard for the wishes of the employee and particular regard for the needs of the service.

23.11. To the extent practical and consistent with the personnel needs of the department and/or individual employee’s professional development, as determined by the Chief of Police, seniority by classification will govern in the selection of vacation days, team assignments, beat assignments, and shift preferences. Sergeants will make their selections first for team assignments and shift preferences. When the Sergeants have completed their selections, Patrol Officers will then make their selections. When not in conflict with the City's staffing needs, total service with the Police Department will take precedence over sub-unit seniority for purposes of selecting vacation days., team assignments and shift preferences.

23.12. EFFECTS OF HOLIDAYS UPON VACATION LEAVE
For those employees whose holidays are governed by Section 12.1 and 12.2 of this MOU, in the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.

Employees who have complied with vacation sign-up procedures shall not be required to work a holiday that falls during their scheduled vacation. Holidays (as defined in this MOU) shall not restrict the ability of an employee to schedule vacation leave. In the event that the Department determines that additional members are required to be scheduled for New Year’s Eve, the Department shall post a request for voluntary overtime shifts. In the event

23 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) that there are insufficient sign-ups thirty (30) days prior to New Year’s Eve, the Department shall fill the vacant positions by way of mandating overtime based upon inverse seniority.

23.13. EFFECT OF EXTENDED MILITARY LEAVE UPON VACATION ACCRUAL RATE Time spent on military leave from City service shall be counted as time spent in the service of the City.

23.14. VACATION AMOUNTS AT TERMINATION OF ACTIVE EMPLOYMENT Following termination of active employment for whatever cause, or the granting of extended military leave, the City shall pay to the employee or to the estate such vacation as was due to the employee at termination. The City shall obtain reimbursement from the employee or estate for used vacation which was in excess of vacation due to the employee at termination, by deduction from severance pay or otherwise.

23.15. REQUIRED MINIMUM ADVANCE NOTICE TO BE GIVEN
An advance written notice of not less than thirty (30) days shall be given prior to transfer from one bureau to another bureau, or a change in shift assignment and/or days off. The City will not cancel a scheduled vacation due to a bureau transfer or shift assignment change.

When an emergency exists affecting normal operation of the department, the provisions of this Section may be exempted by the Chief of Police or his/her designee. An emergency is defined as a sudden, unforeseen circumstance requiring immediate attention.

23.16. VACATION DEBIT
Following an employee’s first year of employment, employees may be permitted to schedule and use vacation leave which is anticipated to be accrued by the end of the current calendar year. Any such leave which is used prospectively shall be deducted from the employee’s vacation leave balance at the end of the calendar year.

24. BEREAVEMENT LEAVE
Only City employees working full-time and continuously in a regularly established City position shall be eligible for the bereavement leave provisions specified in Sections 24.1,

24.2, and 24.3.

24.1. In the case of a death within the immediate family of an eligible City employee, that employee shall have a right to leave of absence with full pay to a maximum period of four (4) consecutive workdays for each such death. Such leave must have one or more of these purposes: making arrangements for burial services, enabling employee and family members to recover from emotional upsets, and settling property estate and similar problems.

One (1) day of bereavement leave is available to attend services for relatives not meeting the definition of "immediate family" as listed in section 24.3. These would include nieces,

24 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) nephews, and cousins.

24.2. Usage of the foregoing provisions of this Section shall be subject to the approval of the department head and City Manager or their duly authorized representatives.

24.3. For purposes of this article, immediate family shall include: spouse, child, stepchild, parent, step-parent, guardian, grandparent, grandchild, uncle, aunt, sister, brother, stepsister, stepbrother, father-in-law, mother-in-law, sister-in-law, brother-in-law, minors living as a member of the family, and domestic partners. In unusual cases, the City Manager may make exceptions to these restrictions. The City Manager's decision under this article is not subject to the grievance procedure.

25. LEAVE FOR JURY DUTY
A City employee ordered to jury duty during the employee's regularly scheduled work hours has a right to full-pay leave during actual jury service. The following shall apply:

25.1. All City employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.

25.2. City employees shall properly inform the officials who control jury duty of such unusual factors in their City jobs, including work load, as the jury officials might judge to be adequate grounds for deferral of or excuse from jury duty.

25.3. Such leave may be based upon, but is not limited to: Coroner, County Superior Court, and Federal jury duty.

25.4. Employees shall pay to the City government any per diem received but shall be entitled to keep any mileage payment made to them.

25.5. Each employee shall expeditiously report his/her probable absence for jury duty and must immediately report the termination of active jury service.

26. COURT SUBPOENAS
Department personnel must report as directed when summoned by subpoena or a written notice to appear. Personnel are to be on time, have a copy of their police report, be familiar with the facts of the case and prepared to testify, dressed in appropriate court attire.

Personnel are to contact the Court Liaison, District Attorney’s Office, or person responsible for sending the subpoena 24 hours prior to their scheduled appearance, or the Friday before a Monday appearance. Notification procedures are subject to change, and will be detailed by written Special Order.

If the appearance is cancelled within the 24-hour period prior to the proceeding, compensation will be processed as a recall for off-duty employees. Otherwise, the officer

25 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) must appear at the District Attorney’s Office, or other specified venue, must sign in on a roster (unless extraordinary events prevent the Officer from signing the roster), and make contact with the person responsible for handling the case.

If an Officer’s subpoena is cancelled while in route to Court, compensation in these instances will be processed as a recall for off-duty employees and not compensated at the overtime rate.

26.1. CERTAIN COURT APPEARANCES
Each Sworn Officer who is subpoenaed to report to Superior Court on off-duty-time in connection with official police duties shall be compensated four (4) hours pay at the overtime rate.
a) If a subpoena is served on a Sworn Officer requiring appearance at a time when an officer is not on duty and is thereafter canceled less than twenty-four (24) hours prior to the appearance time, the officer will receive two (2) hours pay at straight time. If the employee receives no notification of the cancellation, the employee shall be paid as provided in the first paragraph of Section 26.1. b) A bargaining unit employee will receive time and a half overtime pay for any hours they are required to remain in court, on off-duty-time which exceed the four (4) hours reporting pay described in the first paragraph of Section 26.1.

26.2. Court overtime is not authorized when an employee is unavailable for work due to illness or injury leave.

27. NEPOTISM
The Chief has the responsibility and discretion to address claims raised by employees concerning the effect on safety, efficiency, and/or morale of members of immediate families (a) being in a direct or indirect supervisory relationship over each other or (b) reporting to the same supervisor. During the term of this Agreement, the Chief will attempt to resolve any such issues through mechanisms such as changes in shift or assignment without financial hardship to employees. Immediate family, for purposes of this article, include husband, wife, domestic partner, parents, grandparents, brothers, sisters, grandchildren and children.

28. OBSERVER AT PROMOTIONAL EXAMINATIONS

1. Scheduling. Promotional examinations will be conducted by the City at the request of the Police Chief within the HRMD established priorities and resources. If the first phase of an examination is to be delayed in excess of 60 days after the Department has requested a list, the City will contact the Union to discuss the need for the delay.

2. Sign-up. An eligible employee may sign up to take the next examination, after publication of the announcement, at any time prior to the deadline stated on the

26 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) examination announcement. Employees wishing to compete in an examination will sign up by submitting a fully completed City of Richmond application to HRMD.

Announcements will be distributed to the Police Department and RPOA for posting in all appropriate locations. Announcements may be distributed by email. The Police Department will make a good faith effort, based on the employee address in the Department's file, to send a copy of the announcement to employees who are not reporting to work due to vacation, injury, or special assignment. No employee may sign up for an examination after the posted closing date.

3. Announcement. Each examination announcement shall specify the classification title, the nature of the work to be performed, the pay rate or range for the classification, the basic type of examination, the score required to qualify in the examination, the relative weight to be assigned to each part of the examination, the probable nature of the written test, if any, the closing date for the filing of applications, and the minimum and desirable qualifications. The HRMD Director may, in addition, add such other information as they deem advisable.

4. Employee Test Preparation. If study guides exist and are available for a particular phase of the examination, the City shall make the guides available for employees wishing to use them and/or advise employees which publications will be useful in studying for the examination.

5. Examination Observer. A neutral observer(s), who is not an employee of the City of Richmond, may be appointed by the RPOA to observe the process subject to the following conditions:

a) The observer must observe all candidates who participate in the specific portion of the examination that is to be observed, e.g. an observer sitting in on a particular panel's interviews must sit in on the interview of every candidate the panel reviews, not just specific candidates.

Similarly, if the observer wishes to review certain written test items, i.e., essay or in-basket, the observer must review all essays or in-baskets to be aware of the quality of the full range of responses the candidates have made. Such review of written test items must be requested before the items are removed from the City to be scored by a consultant.
b) There shall be no more than one observer for any portion of the examination, i.e., if simultaneous interviews are being conducted, there would be an observer with each interview panel, but not more than one observer with each panel. c) The observer shall report to the City and the RPOA those examination process irregularities, if any, which appear to discriminate on the basis of race, sex, national origin, religion, age, or any other area protected by State or Federal law.

The observer is not to comment on the ratings that individual raters make. I.e., infer that the test is biased because the panel's ratings are different than the

27 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) observer's.
d) The observer will sign a City confidentiality statement promising not to disclose the contents of the test to any party. The observer may also be required to sign a separate confidentiality/test security agreement by a consultant conducting the test.
e) The observer shall not discuss the performance of an individual candidate, unless that candidate files a grievance alleging discrimination. In that case, the City, the Association, and the observer will meet to discuss the observer's observations regarding the candidate's performance.
f) The observer shall be present as the examination is conducted and during any briefing/training of raters in their roles.
g) If on site raters are utilized, the observer may review the final ratings of the candidates on the specific exercise they have observed. Such request to review ratings must be made before the exam materials are removed from the City by a consultant for grading.
h) The observer shall not talk, disrupt, provide clues to any candidates or raters during the examination process, interrupt proceedings in progress, or otherwise disturb the examination process. Any comments the observer wishes to make on the process shall be made as described in c. above (Section 28.5.c).

6. Examination Observer Selection. Observers for promotional examinations shall be selected on the basis of the following criteria:
a) The observer shall be a law enforcement officer from a jurisdiction other than the City of Richmond and shall be at least of the rank being tested for, so as not to personally benefit from observing the examination.

28.1. EMPLOYMENT LIST FOR PROMOTIONAL EXAMINATIONS
In promotional examinations for sworn Police classifications (Sergeants only), the names of the candidates who have qualified (by passing an employment examination) will be placed in one of three ranges designated as Rank A, Rank B, or Rank C.

To be placed in Rank A, an employee must score 90% or greater on the employment examination. To be placed in Rank B, an employee must score between 80% and 89%. To be placed in Rank C, an employee must score between 70% and 79%. Any score below 70% will be a failing score and the employee will not be placed on the employment list.

The number of available eligible names certified to the Police Department from an employment list shall include all the names in Rank A. If there are fewer than three (3) more names available in Rank A than the number of vacancies to be filled, then all the names in

28 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Rank B shall be certified to the Police Department along with the names in Rank A. If there are fewer than three (3) more names available in Ranks A and B combined than the number of vacancies to be filled, then all the names in Rank C shall be certified to the Police Department along with the names in Ranks A and B. For example, if there are four (4) vacancies, the Police Chief would be entitled to seven (7) names. If there are four (4) names in Rank A, one (1) name in Rank B, and five (5) names in Rank C, the Police Chief would receive Ranks A, B, and C.

Once the Police Chief has interviewed and/or selected from the rank(s) on the employment list received, the Police Chief will be provided the next rank (if it has not already been provided in accordance with the procedures outlined in the preceding paragraphs of Section

28.1. If an employee in a rank is interviewed and not selected, the employee shall remain on the eligibility list in the same Rank. If the Chief receives an additional rank, the employee who was not previously selected from a higher rank, is still eligible for selection if additional vacancies become available.

The list received by the Chief of Police will be posted in the Police Department prior to interviews for the position. As additional lists are received by the Chief, they will be posted at that time. For example, the Chief may initially only receive Rank A. Therefore, only Rank A will be posted. As the Chief receives additional Ranks, those Ranks will be posted.

For the purposes of this Section, the provision of Section 28 of this Agreement shall be construed to limit the employee’s right of selection of a representative to the extent that any agents, other than the Richmond Police Officers’ Association, are specifically excluded from so acting.

29. TEMPORARY UPGRADE PAY
The Department may, in its sole discretion, assign employees to perform work in a higher classification. Such assignments shall be no longer than 960 hours unless extended by the Chief or designee. An employee so assigned shall be compensated at the step within the range of the higher classification that provides a minimum of five percent more than his/her salary as currently defined on the payroll system. Temporary Upgrade pay shall be paid for all assigned time worked in the higher classification. The department has the prerogative to return such employees to their regular classification at any time. Primary consideration for an acting assignment will be given to those Officers on an active promotional Sergeants list provided that they are currently performing their duties in a satisfactory manner and meeting departmental expectations.

If an Officer on the promotional Sergeants list is not selected to temporarily work as a Sergeant, at the Officer’s request, Management will provide feedback regarding the reason(s) they were not selected.

The Department, at the Chief’s discretion, may develop a list of desired qualifications for members to temporarily perform the duties of a Sergeant, in an effort to prepare those duties.

29 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

29.1. Any employee temporarily assigned and working in a higher classification who incurs an injury or illness which causes the employee to be absent from work, shall revert immediately to the employees regular classification, unless otherwise required by law, and shall not receive Temporary Upgrade pay for any time not actually worked.

30. PROCEDURES FOR GRIEVANCES
In order to establish a proper procedure to permit the hearing and resolution of grievances and to provide means for the resolution of grievances as rapidly as possible, the procedures set forth below shall apply:

Definition of Grievance: A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this Agreement which adversely affects the grievant except for the following: rejection from probation, performance evaluations, any exercise or lack of exercise of management rights, any complaint for which another avenue of appeal exists, and any claim of violation of law including the requirement to meet and confer under the Meyers-Milias-Brown Act. A grievance is also any dispute concerning a disciplinary action which results in loss of pay. A letter of reprimand may be grieved but only to Step 4 of the grievance procedure. No other disputes may be pursued through this grievance procedure.

30.1. TIME LIMITS
The employee and/or the Union must initiate a grievance as provided in Step 1 within fourteen (14) calendar days of the occurrence of the dispute or fourteen (14) calendar days from such time as the employee and/or the Union could have been aware of the problem.

At each step, the City representatives shall have fourteen (14) calendar days to respond to the grievance. The employee shall have fourteen (14) calendar days from receiving notice of a rejected grievance to forward the grievance to the next higher step. These fourteen (14) calendar day limits may be extended by the mutual agreement of the parties. Failure of the employee to act within the specified time limits, unless such are extended, shall dismiss and nullify the grievance. Failure of the City to observe such time limits, unless such are extended, shall cause the grievance to be moved to the next higher step.

Electronic mail shall be considered an appropriate method of notice and/or response by either party in the grievance process.

STEP 1.

The employee and/or his/her representative shall present his/her grievance personally, in writing or orally, to his/her immediate supervisor. The written grievance must set forth the specific complaint and all pertinent facts. This step is not intended to preclude open and frank discussions between supervisors and subordinates before a grievance is filed.

However, the time limits will not be extended during this discussion period unless both parties agree in writing. The supervisory disposition at each stage of the grievance process should be in writing.

30 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) STEP 2.

If the problem is not settled at this level, the employee and/or his/her representative shall submit his/her grievance in writing to his/her Captain. The Captain will allow full discussion of the grievance. If the grievance is rejected, they shall give to the employee and/or their representative the reason or reasons therefore.

STEP 3.

The employee and/or his/her representative may then have the grievance heard by the Deputy Chief. The Deputy Chief shall hear the grievance in the form of an appeal of the division head's written decision. All pertinent information shall be presented by the division head and the employee and/or his/her designated representative. The Deputy Chief shall allow full discussion of the grievance. If the grievance is rejected, they shall give in writing to the employee and/or their representative the reason or reasons therefore.

STEP 4.

The employee and/or his/her representative may then present the grievance to the Police Chief or his/her designee. At this meeting, the Police Chief, the employee and/or his/her representative, and other designated parties who have direct knowledge of circumstances related to the grievance may be present. After full discussion, the Police Chief or their designee shall advise the employee in writing of their decision and the reasons therefore.

STEP 5.

If the grievance remains, the employee and/or their designated representative may submit in writing the grievance to the City Manager and a meeting may be held with designated parties to air the complaint. If the City Manager or designee rejects the grievance, written notice of such rejection and the reasons shall be given to the employee.

STEP 6.

If the appealing employee has not obtained the redress or corrective action which they seek, the employee may submit their request for a hearing before the Personnel Board in accordance with Personnel Rule XI.

If a grievant is appealing discipline which has gone through the "Skelly meeting" process, the grievant may take the grievance directly to Step 6 of the grievance procedure.

30.2. EXCLUSION OF NON-RECOGNIZED ORGANIZATIONS: In those cases in which an employee elects to represent themself or arranges for other representation in a grievance concerning an alleged violation, misapplication or misinterpretation of this Agreement, the Union shall have the right to participate in the resolution procedure for the purpose of protecting the interest of its members in negotiated conditions of employment. In those cases in which an employee elects to represent themself or arranges for other representation in a

31 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) disciplinary appeal, the City will report the results of the appeal process to the Union.

30.3. BINDING ARBITRATION:

The following section entitled Binding Arbitration is agreed to by the Union and its members with full knowledge that they are waiving their rights, in the following circumstances, to a Personnel Board hearing as described in Personnel Rule IX, and in Article XIII Section 7(a).of the City Charter. Specifically, employees utilizing binding arbitration waive the right for a Personnel Board investigation, hearing, and recommendation to the City Manager. a) Definition. A grievance is defined for the purpose of binding arbitration to be a disciplinary termination of employment or a disciplinary action equivalent to suspension without pay for 40 hours or more.
b) Request procedure. If an employee is dissatisfied with the decision of the City Manager's designee after receiving the decision from a Skelly meeting, the member may submit a written request for arbitration within ten (10) working days. c) Selection procedure. An impartial arbitrator shall be selected jointly by the City and the Union within ten (10) days of receipt of the request. By mutual agreement, the parties shall select the arbitrator. In the event the parties are unable to agree as to who shall be the arbitrator, they shall request the California State Conciliation Service to submit a list of five arbitrators. Each party shall in turn cross off one name on the list; the first party to cross off a name to be determined by a flip of a coin. The final name left on such list shall be the arbitrator. The arbitrator shall have access to all written statements and documents relevant to the discipline. The arbitrator's decision shall be final and binding upon the parties. The arbitrator shall render a decision no later than thirty (30) days after the conclusion of the final hearing. Such decision shall be in writing and made in accordance with, and conformance to, the terms of this Memorandum of Understanding. Copies of the decision will be furnished to both parties.
d) Costs. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the City and the Union. Each party, however, shall bear the cost of their own representation, including but not limited to the preparation of hearing and post hearing briefs, if any.

31. LAYOFF: The City Manager may layoff an employee from the Classified Service because of shortage of work, lack of funds, material change in duties or organization, return of an employee from a leave of absence, or for other valid reasons. All possibilities for a transfer must be exhausted before layoff.

31.1. At least two (2) weeks prior to the effective date of a proposed layoff, the department head shall notify the Director of HRMD of the proposed action with the reasons therefore, and shall submit at that time, a statement certifying in each case whether or not the services of the employee to be laid off have been satisfactory. A copy of such notice shall be given to

32 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) the employee affected.

31.2. Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this Section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved.

31.3. The order of layoff of employees with permanent appointments in the class shall be in the reverse order of total time served within that class upon the established date for the layoff to become effective. This will permit layoff to a lower classification, provided that the amount of time the employee has served in the higher classification, plus the amount of time the employee has served in the lower classification(s), exceeds the amount of time served in the lower classification(s) of at least one other employee.

31.4. No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated.

31.5. The names of probationary employees and employees with permanent status who are laid off shall be placed on re-employment lists for the class from which they were laid off in the order of the total time served in that classification. Total time in such cases shall include time served on military leave of absence from the Classified Service.

31.6. The City will maintain its regular level of contribution towards health and life insurance benefits for one (1) month, in addition to any employer pre-paid coverage they may be eligible for, for any permanent employee who is laid off.

31.7. SEVERANCE PAY: A full-time permanent employee who is laid off due to reduction in force shall be entitled to severance pay in the amount of six days of unused sick leave for each year of continuous service up to a maximum of thirty (30) days pay. Any such employee who is laid off and subsequently re-employed by the City shall only be entitled to receive severance pay for those work days during which the individual was not in an employment status.

Reinstatement from lay off is contingent on the employee first repaying any severance pay they are not entitled to.

31.8. SENIORITYEmployees hired on the same date who have been employed previously as a full-time peace officer in the Highway Patrol, any California Sheriff’s Department, any California Municipal Police Department, and/or the Bay Area Rapid Transit Police Department, shall have their order of seniority determined by the length of such prior fulltime peace officer status. Employees hired on the same date who have not been previously employed as a full-time peace officer shall have their order of seniority determined by lot on their first day of employment. In any event, total City service time shall date from the date of hire with the City except as outlined in Section 31.9.

31.9. SENIORITY AFTER RE-EMPLOYMENT: A sworn officer who returns to City employment within two years of a prior resignation shall have credited up to two additional

33 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) calendar years of previously accrued seniority after completing one year of re-employment.

31.10. MANAGEMENT BUMPING: A former member of the bargaining unit who has been promoted to management will have the same bumping rights as described in 31.3.

32. SALARIES:

Effective the first full pay period in October, 2022, or the first full pay period following City Council adoption of this Agreement, whichever occurs later, the City will increase base wages by 4.0%.

Effective the first full pay period in January, 2023 the City will increase base wages by 2.0%.

Effective the first full pay period in July, 2023, the City will increase base wages by 2.0%.

Effective the first full pay period in January, 2024, the City will increase base wages by 6.0%.

Effective the first full pay period in July, 2024, the City will increase base wages by 2.0%.

Effective the first full pay period in January, 2025, the City will increase base wages by 4.0%.

32.1. SUPPLEMENTAL PAY: Police Officers and Police Sergeants shall receive five percent (5%) additional pay when assigned to swing shift and seven and one-half percent (7.5%) when assigned to graveyard shift. Day shift will be applied when a regular shift begins at 6:00 am or later. Swing shift starts at 2:00 pm Monday through Thursday and 1:00 pm Friday through Sunday. Graveyard shift will be applied when a regular shift begins at 9:00 pm or later except for Fridays, Saturdays and Sundays with twelve and one-half (12.5) hour shifts that begin at 7:00 pm shall also be paid at the graveyard shift rate. These differentials shall also apply to all probationary Police Officers when they are working without a Field Training Officer.

32.2. RETIREMENT: The Public Employees’ Pension Reform Act (PEPRA) calls for employees to pay at least 50% of normal pension cost (the maximum contribution that can be imposed on safety is 12%).

As of 9/01/15, RPOA members will be paying the full pension cost (12%) that PEPRA currently requires. If the law is modified, repealed, and/or amended, and the City is not legally mandated to require safety members to pay 50% of normal pension cost, the City agrees that the additional 3% in pension cost that RPOA members are contributing, will be reverted to salary for all members.

32.3. BILINGUAL PAY: Positions certified by HRMD as bilingual shall receive 2% (of base pay) additional compensation. Said pay shall commence upon appointment as a sworn officer and certified by HRMD.

32.4. SALARY DESIGNATIONS: The salaries herein established are on a monthly basis, except as where otherwise designated.

34 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

32.5. ADVANCEMENTS AND PROMOTIONS: Salary advancements shall be made in conformance with the salary plan contained within this MOU and in conformance with the provisions of the City Charter and Personnel Rules as these relate to salary advancement and employee promotion.

32.6. EFFECT OF CERTAIN PERSONNEL ACTIONS UPON SALARIES: An employee occupying a position which is reallocated to another classification, the maximum salary for which is less than the maximum salary for the incumbent's present classification, shall continue to receive their present salary. An employee occupying a position in a classification, the maximum salary rate for which is reduced, shall continue to receive their present salary.

Such continuation of present salaries shall each be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, subsequent appointments to that position shall be made in accord with the salary ranges established by this MOU. "Y" rating does not apply to classification changes due to a reduction in force (layoff).

When the classification's salary range increases to the level of the employee's "Y" rated salary, the employee will once again be eligible for salary increases through both merit and across the board increases, not to exceed the top step of the salary range.

32.7. ELIGIBILITY FOR SALARY ADVANCEMENT: Each year of satisfactory service normally shall make an employee eligible for consideration for salary advancement within the salary range of their classification, except where such employee is in a class for which there is a single rate of pay. Annual advancement shall not be automatic, but shall depend upon the increased value of an employee to the City as reflected by the recommendation of their supervisor and their Department Head and all other pertinent evidence.

Exceptionally meritorious service shall be considered adequate grounds for consideration for advancement even though such service is of less than one year's duration. Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the Classified Service for good and sufficient reasons.

32.8. PROMOTION - EFFECT UPON RATE OF COMPENSATION: Whenever an employee is promoted to a higher class, she/he shall be entitled to receive in the new position the nearest higher monthly salary in the salary range which attaches to the higher class.

32.9. DEMOTION
The rate of compensation to be paid in all cases of demotion, whether voluntary, disciplinary, for incompetence, or in lieu of layoff, shall be determined by the City Manager, based upon the recommendations of the Department Head and the Director of HRMD.

32.10. EFFECT OF LEAVE OF ABSENCE WITHOUT PAY UPON SALARY

ADVANCEMENT
An employee who has taken leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in

35 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) excess of thirty days.

Leave of absence for a period totaling less than thirty days in the given service year shall have no effect upon the employee's anniversary date.

32.11. POLICE TRAINING OFFICER (PTO)
While assigned to train recruit officers, PTOs shall receive six (6) hours of overtime for every forty (40) hour block of training each week. Substitute PTOs who are required to train recruit officers on a day-by-day basis due to the absence of the regularly assigned PTO, shall receive one (1) hour of overtime for each full day (10 hours) of completed recruit training and the assigned PTO shall receive one (1) hour of overtime for each full day of completed recruit training that took place during that week. Officers assigned to train Reserve Officers shall also be compensated with six (6) hours of overtime at the completion of each forty (40) hour block of training certified to the Reserve Coordinator. Additional overtime compensation can be granted by the PTO Coordinator or Watch Commander when specific training needs have been identified. PTOs assigned to the Orientation Program shall receive six (6) hours of overtime for every forty (40) hour block of training each week.

32.12. CANINE HANDLING DUTY
RPOA employees assigned to the Canine Unit may be assigned to a variety of previously agreed upon work schedules, including 5/8, 4/10 or 3/12.5 schedule. Employees will be paid overtime compensation under the MOU for hours worked in excess of their regularly assigned schedule consistent with a 28-day work period under Section 7(k) of the FLSA.

Employees assigned to perform canine handling duties will be provided four (4) hours of paid, but unscheduled time per week, to perform and complete all aspects related to the care, feeding, training, grooming, kenneling, transporting, exercise, and any other necessary care or maintenance of canines. In accordance with the FLSA, the parties estimated and agree that four (4) hours per week constitutes a reasonable amount of time for employees to perform such duties. The parties further agree that any time spent in excess of such time is not reasonably necessary and is accordingly not authorized.

The City has established accounts with veterinarian(s) and shall pay all veterinary bills related to care and maintenance of City-owned police canines. The City will provide food and/or supplies necessary for the care and maintenance of City-owned police canines. For those items not provided directly by the City, the City will establish an account with an animal feed and supply outlet. Employees assigned to perform canine handling duties will be permitted to purchase pre-approved items for the care and maintenance of City-owned police canines on the City’s account.

33. LONGEVITY
Police Officers and Police Sergeants who have completed their fifth (5th) year of sworn service with the Richmond Police Department shall receive two percent (2%) additional pay.

Police Officers and Police Sergeants who have completed their tenth (10th) year of sworn

36 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) service with the Richmond Police Department shall receive two percent (2%) additional pay for a total of four percent (4%). Police Officers and Police Sergeants who have completed their fifteenth (15th) year of sworn service with the Richmond Police Department shall receive three percent (3%) additional pay for a total of seven percent (7%). Police Officers and Police Sergeants who have completed their twenty-fifth (25th) year of sworn service with the Richmond Police Department shall receive two percent (2%) additional pay for a total of nine percent (9%).

33.1. LONGEVITY - LATERAL TRANSFERS
Police Officers who laterally transfer from another law enforcement agency shall be able to apply up to five years of previous law enforcement experience towards years of service relative to qualifying for longevity increases to base salary once the member has passed probation.

34. RETIREMENT PLAN
Each classic employee shall pay his or her own CalPERS retirement contribution which is twelve percent (12%) of pensionable compensation. The City will take appropriate steps to implement the provisions of Internal Revenue Code Section 414 (h)(2) relative to employeepaid CALPERS contributions.

34.1. RETIREMENT FORMULAS
The retirement formula for bargaining unit members designated as “classic” (as determined by CalPERS), is three percent (3%) @50. The Public Employees’ Pension Reform Act (PEPRA) calls for employees to pay at least fifty percent (50%) of normal pension cost [the maximum contribution that can be imposed on safety is twelve percent (12%). As of July 1, 2015, all “classic” members are required to pay the full twelve percent (12%) employee contribution (see MOU Section 34.6). Effective January 1, 2014, the retirement formula for bargaining unit members designated as “new” (as determined by CalPERS)’ is two and seven-tenths percent (2.7%) @57. All “new” members are required to pay full twelve and a half percent (12.5%) employee contribution allowed for under PEPRA.

These formulas shall be designated as a reasonable pension by the City.

34.2. Effective July 1, 2005, the City shall stop contributing any portion of the employee’s share of CalPERS retirement, and will cease reporting the value of Employee Paid Member Contribution (EPMC) as special compensation. Employees shall thereafter be responsible for paying the full amount of their required CALPERS contribution.

34.3. Members of the bargaining unit may apply for military service credit directly to CALPERS.

34.4. Members of the bargaining unit upon retirement may have their sick leave balance credited towards years of service, unless they choose to exercise the sixty percent (60%) sick leave buy-out option.

37 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

34.5. Effective July 1, 1995, the City implemented Government Code Section 20023(c)(4) [superseded by Government Code Section 20636(c)(4)] pursuant to Section 20615 [superseded by Government Code Section 20691], entailing reporting the employer paid member contributions to CALPERS as special compensation.

35. PROBATIONARY PERIOD

35.1. PURPOSE OF THE PROBATIONARY PERIOD
The probationary period is a basic part of the employee selection process and shall be used for close observation of the employee's work and conduct, for securing the most effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness, and/or development which are required.

35.2. LENGTH OF PROBATIONARY PERIOD
All appointments made from eligible lists to permanent positions shall be tentative and subject to a probationary period. With the approval of the Director of HRMD and City Manager, continuous temporary service prior to appointment from an appropriate eligible list may be counted as part of the probationary period provided that the temporary service was in the same class and the same position to which the probationary appointment is made.

The probationary period shall be one year from the date the employee successfully completes the field training program. The Department Head may request that a probationer may be granted her/his permanent status in less than twelve (12) months or extend the probationary period by up to twelve (12) months. This provision shall not apply to members on promotional probation or those members who laterally transfer to the City of Richmond from another law enforcement agency. The RPOA shall be notified if an employee’s probationary period is extended.

35.3. REJECTION DURING PROBATIONARY PERIOD
During the probationary period, any probationary employee may be rejected at any time by the Department Head. Notification of rejection in writing and reasons for rejection shall be served upon the probationer and a copy filed with the Director of HRMD. Rejection during probation is not subject to the grievance procedure included within this MOU.

35.4. REJECTION OF PROBATIONER FOLLOWING PROMOTION
Any employee rejected during the probationary period following appointment to a higher classification shall be reinstated to the position from which they were appointed unless charges are filed and they are discharged in the manner provided in Article XIII of the City Charter and the Personnel Rules. Rejection during probation is not subject to the grievance procedure included within this MOU.

38 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA)

35.5. PROBATIONARY PERFORMANCE REPORTS

35.5.1. It shall be the duty of each Department Head during the probationary period of each employee in their organization to investigate thoroughly the probationer's adjustment, general acceptability, and performance to determine whether or not the probationer is fully qualified for permanent appointment. The Department Head shall be responsible for reports on the probationer's performance and conduct at the completion of every three (3) calendar months during the probationary period, and within ten days of the end of the probationary period, or more frequently if deemed desirable by the Department Head. Such reports will be reviewed with the probationary employee by the rater. The Department Head or designee shall give a copy of the report to the probationary employee.

35.5.2. The final probationary report on each probationary employee shall include the Department Head's recommendation to the City Manager either to retain or reject the probationer.

35.6. EFFECT ON LEAVES OF ABSENCE ON PROBATIONARY PERIOD The probationary period of a given employee shall be extended by the time equal to the time she/he has been on paid administrative leave pending investigation or other leave of absence, other than sick leave, compensation leave, vacation, or holiday leave during this probationary period.

36. PART-TIME EMPLOYEES
If the City determines to hire part-time officers, it will notify the Union in advance of hiring, and meet and confer over the Union's proposal for prorated benefits for part-time officers.

37. CITY RIGHTS
The RPOA recognizes the authority of the Chief of Police as described in Section 206.00 of the Richmond Police Department Operations Manual. This in no way removes or limits the rights contained in section 30 of this MOU.

38. MEYERS-MILIAS-BROWN ACT (MMBA) NOTICE
Pursuant to the MMBA, the City shall give reasonable written notice, to the RPOA President, via electronic mail, of all proposed changes in matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. This includes any ordinance, rule, resolution, policy, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and/or Police Department.

39. SAVINGS CLAUSE
If any provision of this Agreement shall be held invalid by operation of law or by any court of competent jurisdiction, or if compliance enforcement of any provision shall be restrained by

39 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) any tribunal, the remainder of this Agreement shall not be affected thereby.

Dated:

FOR THE RPOA: FOR THE CITY:

40 2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) A
Attendance ...........................................................................................................................6 B
Bereavement Leave ...........................................................................................................23 Immediate Family............................................................................................................24 Bilingual Pay.......................................................................................................................34 Binding Arbitration ..............................................................................................................31 Bulletin Boards .....................................................................................................................3 C
Cafeteria Option ...................................................................................................................9 Call-Back Time ...................................................................................................................14 Canine Handling Duty.........................................................................................................36 City Rights ..........................................................................................................................39 Compensatory Time Off (CTO).............................................................................................5 Court Appearances.............................................................................................................25 Court Subpoenas................................................................................................................24 D
Dental Plan.........................................................................................................................13 Doctor's Certificate of Illness ..............................................................................................17 E
Effective Dates .....................................................................................................................1 Employee Assistance Program...........................................................................................12 F
Family and Medical Care Leave .........................................................................................18 Family Sick Leave ..............................................................................................................17 Flexible Benefits Plan .........................................................................................................12 G
Grievance
Binding Arbitration...........................................................................................................31 Procedures......................................................................................................................29 Time Limits......................................................................................................................29 Group Life Insurance ..........................................................................................................12

INDEX
II
2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) H
Holdiays................................................................................................................................8 Holidays
Floating .............................................................................................................................9 Hours of Work.......................................................................................................................4 J
Jury Duty ............................................................................................................................24 L
Layoff..................................................................................................................................31 Management Bumping....................................................................................................33 Order of Layoff................................................................................................................32 Severance Pay................................................................................................................32 Leaves of Absence.............................................................................................................15 With Pay..........................................................................................................................16 Without Pay.....................................................................................................................15 Long Term Disability Insurance ..........................................................................................12 Longevity ............................................................................................................................36 Lateral Transfers.............................................................................................................36 M
Mandatory Meetings or Trainings .......................................................................................15 Medical Plans .......................................................................................................................9 Military Leave .....................................................................................................................16 Service Credit .................................................................................................................16 Miscellaneous Allowances....................................................................................................6 Meal Allowance.................................................................................................................6 MMBA Notice......................................................................................................................39 N
Nepotism ............................................................................................................................25 O
Overtime...............................................................................................................................4 P
Parental Leave ...................................................................................................................18 Part-Time Employees .........................................................................................................39 Payroll Deductions................................................................................................................2 PEPRA Contributions .........................................................................................................37 Police Training Officer (PTO)..............................................................................................35 Probation Period.................................................................................................................37 Length.............................................................................................................................37 Performance Reports......................................................................................................38

INDEX
III
2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Rejection During .............................................................................................................38 Rejection of Probationer Following Promotion ................................................................38 Promotional Examinations..................................................................................................25 Observer .........................................................................................................................25 R
Recognition...........................................................................................................................1 Rest Periods.........................................................................................................................4 Retirement..........................................................................................................................33 Benefits...........................................................................................................................10 Retirement Formulas ......................................................................................................37 S
Salaries ..............................................................................................................................33 Advancements ................................................................................................................34 Demotion.........................................................................................................................35 Effect of Certain Personnel Actions Upon Salaries .........................................................34 Effect of Leave of Absence Without Pay Upon Salary Advancement .............................35 Eligibility for Salary Advancement...................................................................................34 Promotion........................................................................................................................35 Salary Designation..........................................................................................................34 Salary Designations............................................................................................................34 Savings Clause...................................................................................................................39 Seniority .............................................................................................................................32 After Re-Employment......................................................................................................32 Sick Leave..........................................................................................................................16 Payment for Sick Leave ..................................................................................................17 Signature Page...................................................................................................................40 Supplemental Pay ..............................................................................................................33 Shifts...............................................................................................................................33 U
Uniform.................................................................................................................................6 Damage ............................................................................................................................6 Reimbursement.................................................................................................................6 Union Business Leave..........................................................................................................3 Union Representation...........................................................................................................3 Use of City Facilities .............................................................................................................3 V
Vacation .............................................................................................................................21 Amounts at Termination of Active Employment ..............................................................23 Effect of Extended Military Leave Upon Vacation Accrual Rate......................................22 Effects of Holidays Upon Vacation Leave .......................................................................22 Limitation During First Year of Service............................................................................21 Limitations on Use ..........................................................................................................22

INDEX
IV
2022 – 2025 MOU Richmond Police Officers’ Association (RPOA) Minimum Notice ..............................................................................................................23 Vision Plan..........................................................................................................................13 W
Wellness Program ................................................................................................................7 Workers' Compensation Leave...........................................................................................19

October 18, 2022
Information Technology
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sue Hartman, Director of information Technology
SUBJECT: Proposed Resolution to Add Government Finance
Officers Association (GFOA) to Standing Orders and
Outline Agreements for Technology Related Goods and
Services.

FINANCIAL IMPACT: There is no fiscal impact resulting from adoption of this resolution. The proposed standing orders/outline
agreements are not a commitment to spend. Only
preapproved adopted budget dollars can be used with
these certified vendors.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City staff is requesting City Council approval to add
Government Finance Officers Association (GFOA) to the
approved list of standing orders/outline agreements for technology related goods and services in an amount not
to exceed $50,000 per year for fiscal years 2022-2023
through 2023-2024.

RECOMMENDED ACTION: ADOPT a resolution adding Government Finance Officers Association (GFOA) to the approved list of
standing orders/outline agreements for technology
related goods and services, in an amount not to exceed
$50,000 per year, for Fiscal Years 2022-2023 through
2023-2024 – Information Technology Department (Nickie
Mastay/Sue Hartman 510-620-6874).

AGENDA
REPORT

October 18, 2022
DISCUSSION:

The City of Richmond software systems are aging and require a needs assessment to prepare for a state-of-the-art replacement. The City’s planned software upgrades are complex and require many resources from multiple departments to perform extensive research in preparation to successfully test and train for these software application changes.

Government Finance Officers Association (GFOA) is an expert long-term City of Richmond vendor that can provide these services for many departments City-wide including needs assessments, future software planning, integration planning, while utilizing piggy backable agreements. GFOA provides a detailed approach to technology procurement projects. In addition to developing an Request for Proposals (RFP) that takes into account key risk areas in the market today, GFOA focuses on business process improvement, policy development, system/vendor selection, organizational readiness, and best practice implementation that emphasizes accountability for results.

The Richmond Municipal Code Section 2.52.330, Piggyback Procurement, allows the City to use piggyback solicitations that are in the best interest of the City of Richmond.

IT Department staff is recommending a standing order/outline agreement with GFOA utilizing the piggyback contract obtained by competitive bid process, prepared, and awarded by Butte County.

Utilizing this standing order/outline agreement, piggyback process is an effective way for the City to reduce costs and respond more quickly to department service needs.

Establishing an upper spending limit for these standing orders/outline agreements prevents over expenditure by combined city-wide departmental usage. With these control mechanisms in place, the City can continue to receive optimum technology related goods and services at the lowest cost utilizing a pool of pre-approved vendors.

IT Department staff is requesting City Council approval to add GFOA to the approved list of standing orders/outline agreements for technology related goods and services.

GFOA has provided a piggyback agreement from Butte County. The Finance Director acting as the Purchasing Manager has approved this process.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Piggyback Butte County
Attachment 3 – Piggyback Procurement Policy

RESOLUTION NO. _______________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

ESTABLISHING AN OUTLINE AGREEMENT FOR TECHNOLOGY RELATED SERVICES FROM

GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) IN AN AMOUNT NOT TO EXCEED $50,000 PER YEAR FOR FISCAL YEAR 2022-2023 THROUGH 2023-2024. ________________________________________________________________________________ WHEREAS in fiscal year 2000-2001, the Richmond City Council authorized establishing standing orders/outline agreements with certain technology related vendors; and WHEREAS the Richmond Municipal Code Section 2.52.330, Piggyback Procurement, allows the City to use piggyback solicitations that are in the best interest of the City of Richmond; and WHEREAS the City of Richmond software systems are aging and in need of replacement that require a formal review and assessment; and
WHEREAS it is in the City’s best interest to piggyback off the contract obtained by competitive bid process prepared and awarded by Butte County to utilize the software needs assessment services of GFOA; and WHEREAS, the Richmond Information Technology Division has demonstrated that purchasing can be expedited, paperwork can be reduced, better discounts realized, and service to the public can be improved through the development and implementation of standing orders/outline agreements.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond, California, hereby authorizes the Division of Information Technology to use a standing order/outline agreement to purchase technology related goods and services, with GFOA; and
FURTHERMORE, BE IT RESOLVED that the City Council of the City of Richmond authorizes expenditures for standing orders/outline agreements to a level not to exceed $50,000 per year with GFOA during the fiscal years 2022-2023 through 2023-2024.

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held __________________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_______________________________
Clerk of the City of Richmond
(Seal)
Approved:
________________________________
Mayor
Approved as to form:
________________________________
City Attorney

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 2 of 24

ATTACHMENT I

TERMS AND CONDITIONS

1. Scope of Work. The work to be undertaken is identified in the attached “Attachment III – Scope of Work” which is made a part of this Contract.

2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable information table, but shall not exceed the Not-to-Exceed Price if included in the variable information table. Reasonable expenses if authorized and specified in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable information table. Payment shall be made after the Project Manager or designee reviews and approves the work and after submittal of an invoice by the CONTRACTOR. Expenses and or materials if stipulated shall be paid only upon prior approval and with receipts and only after review and authorization by the Project Manager.

3. County Project Manager. The COUNTY Project Manager or designee for this undertaking who will receive payment invoices and answer questions related to the coordination of this undertaking is identified above in the variable information table.

4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own supervision and direction and is not a representative or employee of COUNTY nor is the CONTRACTOR a partner or in any way directly affiliated with the COUNTY. CONTRACTOR agrees to file tax returns, report compensation and pay all applicable taxes on amounts paid pursuant to this Contract.

5. Ownership. All work product produced as a result of the services under this agreement will be owned by The COUNTY including any confidential information produced for the COUNTY by the CONTRACTOR, and the CONTRACTOR shall not disclose any information, given to the CONTRACTOR by the COUNTY.

The COUNTY acknowledges that CONTRACTOR’s methodology, templates, research data, and tools (“the CONTRACTOR Intellectual Property”) will remain the property of CONTRACTOR, including if such CONTRACTOR Intellectual Property is contained within a work product. Where such occurs, CONTRACTOR provides the COUNTY a license to use CONTRACTOR’s Intellectual Property.

6. Confidentiality. The CONTRACTOR shall comply as follows and in accordance with the required performance of this contract:
a. All applications, records, data or any information concerning any individual made or kept by any public office, officer or department obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties, shall be the confidential property of the COUNTY and shall not be communicated, transmitted, reproduced or in any other way conveyed to any person not directly a party to this contract, its terms and conditions in accordance with all applicable laws and regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any implications thereof including destruction of records or data as appropriate under compliance criteria.
b. No person will publish or disclose or permit or cause to be published or disclosed any data, facts, figures, list of persons or any other form of information obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. No person shall publish, disclose, or use or permit, or cause to be published, disclosed or used any confidential information pertaining to any individual or group of individuals obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the above provisions and that any person knowingly and intentionally violating the provisions of this clause is guilty of a misdemeanor. CONTRACTOR shall bear equal responsibility for any violation of the provisions of this paragraph.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 3 of 24 d. CONTRACTOR agrees and understands that if confidential information concerning any individual made or kept by any public office, officer or department is obtained by the CONTRACTOR and included on any memory device that may be housed in a computer, or other device (such as a “PDA”) may become subject to Federal HIPAA requirements and/or any state or local regulations that apply which could result in surrender of the hard drive, sanitization or the destruction thereof in accordance with Department of Defense (DoD) 5220.22-M standard and/or industry standards current to time of the release of the equipment which ever represents the greatest level of (permanent) information destruction. At the very least, at the end of this contract, CONTRACTOR may be required to stipulate to the fact that no such files exist.

7. Termination. This Contract may be terminated by either the COUNTY or CONTRACTOR by a thirty day written notice. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date of termination. Notwithstanding anything stated to the contrary herein, this Contract shall expire on the Completion Date indicated in the above Variable Information Table unless the Completion Date is modified by written amendment to this Contract.

8. Indemnification. CONTRACTOR agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the COUNTY, its officers, agents and employees from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, including CONTRACTOR, to the extent arising out of or in connection with the negligent acts or omissions or willful misconduct in the performance by CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the COUNTY, but excluding liability due to the active negligence or willful misconduct of the COUNTY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under worker’s compensation acts, disability benefit acts, or other employee benefits acts.

CONTRACTOR shall be liable to COUNTY for any loss of or damage to COUNTY property arising out of or in connection with CONTRACTOR’s negligence or willful misconduct.

9. Right to Monitor/Audit and Associated Liability. It being understood by the parties hereto that the COUNTY’s funding source herein may be COUNTY, State and/or Federal appropriation, and therefore CONTRACTOR is responsible for administering the program as described herein, CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any audit of this project which may be deemed appropriate or required in compliance with COUNTY, State or Federal mandates and to reimburse the COUNTY for any liability upon the COUNTY for any discrepancy resultant from said audit exceptions or for any liability that result from a breach of contract, misrepresentation or inaccuracy.

10. Record Retention and Availability. CONTRACTOR shall maintain and preserve all records related to this agreement in its possession (or will assure the maintenance of such records in the possession of any third party performing work related to this agreement) for a minimum period of three (3) years from the effective date of this agreement, or until all State and/or Federal audits are complete, whichever is later. Upon request, CONTRACTOR shall make available copies of these records to COUNTY, State or Federal Governments’ personnel, including but not limited to the State Auditor General. In the event that this contract is related to a FEMA grant record retention shall be three years from the date of the Grant Closeout letter.

11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by CONTRACTOR, CONTRACTOR’s agents, representatives, employees and subcontractors. At the very least, CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment II to this Contract.

12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with COUNTY Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 4 of 24

13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge, proficiency and expertise to perform as herein stipulated and warrants that the credentials presented herein Attachment VI are authentic, current and duly granted.

14. Contractor’s Standard of Care. COUNTY has relied upon the professional ability, experience, and credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract. CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR’s work by COUNTY shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the COUNTY.

15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the COUNTY of Butte by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the provision of services or personal property or incurring of expenses, the cumulative total of which, exceeds the amount prescribed by Government Code Section 25502.5 for personal services contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works contracts.

16. Termination for Exceeding Maximum Term. Contracts exceeding the five year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the COUNTY of Butte by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term exceeds five years.

Amendments to this Contract, or new Contracts for essentially the same purpose, shall not be valid beyond the five year limitation unless duly executed by the Chair of the Board of Supervisors.

17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules and regulations including, without limitation, and not limited to any nondiscrimination laws. Specifically, the CONTRACTOR by executing this agreement stipulates and certifies that as an individual or as an entity, complies in good faith as well as all actions the following regulatory requirements at least but not limited to:
a. Non-discrimination with regard to minority, women, and disabled veteran-owned business enterprises; hiring practices on the basis of race, color or national origin, gender, handicaps or age.
b. Environmental protection legislation and in particular regarding clean air and water, endangered species, handling or toxic substances and the public right to know. c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act and Public Health Service Act
d. National Labor Relations Board Public Contract Code 10296. e. Domestic Partners – Public Contract Code 10295.3.
f. ADA 1990 42 USC 12101 et seq.

18. Applicable Law and Forum. This Contract shall be construed and interpreted according to California law and any action to enforce the terms of this Contract for the breach thereof shall be brought and tried in the Superior Court of the County of Butte.

19. Contractor Performance and the Breach Thereof. The COUNTY may terminate this agreement and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the COUNTY shall notify the CONTRACTOR of the breach and thereby the termination of this contract. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by the COUNTY. The cost to the COUNTY shall

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 5 of 24 be deducted from any sum due the CONTRACTOR under this agreement and the balance, if any, shall be retained by the COUNTY.

20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Contract, these Attachment I TERMS AND CONDITIONS shall prevail.

21. No Delegation Or Assignment. Provider shall not delegate, transfer or assign its duties or rights under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale, merger, change of control, operation of law or otherwise, without the prior written consent of COUNTY and any prohibited delegation or assignment shall render the contract in breach. Upon consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflect the transfer and successor to CONTRACTOR. COUNTY will not be obligated to make payment under the Agreement until such time that the amendment is entered into.

22. Conflict of Interest. CONTRACTOR and CONTRACTOR’S employees shall have no interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this contract.
a. This contract is entered into by COUNTY upon the express representation that CONTRACTOR has no other contracts in effect with COUNTY except as described on Exhibit “A” hereto attached.

Exhibit “A” is hereby made part of this contract by it reference herewith and hereby subjugated to these General Terms and Conditions (Attachment I).
b. CONTRACTOR understands and will adhere to the COUNTY’s policy that no contracts shall knowingly be issued to any current COUNTY employee or his/her immediate family or to any former COUNTY employee or his/her immediate family until two years after separation from employment, without notifying the Director of the Department of Human Resources in writing:

Director of Human Resources
3 County Center Drive
Oroville, CA 95966
c. CONTRACTOR stipulates by execution of this contract that they have no business or other interest that provides any conflict with the interest of the County of Butte in the matters of this agreement.

CONTRACTOR recognizes that it is a breach of ethics to not disclose any interest that may be a conflict to the COUNTY for the advice of County Counsel on the matter prior to executing this contract.

23. Canon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of and on behalf of the County of Butte and its constituents in all matters, honest, fair, prudent and diligent as dictated by reasonable standards of conduct for their profession.

24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole separate from and even if any part hereof the agreement is deemed to be invalidated.

25. No Implied Waiver. In the event that The COUNTY at any point ignores or allows the CONTRACTOR to break an obligation under the agreement, it does not mean that COUNTY waives its future rights to require the CONTRACTOR to fulfill those obligations.

26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part of the contract constitutes the entire agreement between these parties.

27. Role. • The COUNTY recognizes that CONTRACTOR’S role is to provide information, analysis and advisory services. As such, CONTRACTOR bears no responsibility for the performance of the software, hardware, or implementation service suppliers and the COUNTY is responsible for all decision making throughout the project.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 6 of 24 List any and all contracts that you have with COUNTY agencies. If none, you must stipulate “none.” This cannot be left blank or omitted from the contract.

None.

EXHIBIT “A”
Acknowledgement of OTHER COUNTY Contracts

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 7 of 24

ATTACHMENT II

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
*Please provide a copy of Attachment II to your insurance agent.

Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. Before the commencement of work Contractor shall submit Certificates of Insurance and Endorsements evidencing that Contractor has obtained the following forms of coverage:

A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.

1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.

2. Personal Lines automobile insurance shall apply if vehicles are individually owned, with limits no less than $100,000 per person, $300,000 each accident, $50,000 property damage. 3) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.) 4) Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The County of Butte, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used). 2) For any claims related to this contract, Contractors insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees and volunteers shall be excess of Contractors insurance and shall not contribute with it.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 8 of 24 3) Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the County.

C. WAIVER OF SUBROGATION: Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the County for all work performed by the Contractor, its employees, agents and subcontractors.

D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the County.

The County may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County.

E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the County.

F. VERIFICATION OF COVERAGE: Contractor shall furnish County with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

G. SPECIAL RISKS OR CIRCUMSTANCES: County reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

H. SUBCONTRACTORS: Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. If subcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the County certificates of insurance and endorsements before beginning work under this contract.

I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 4) A copy of the claims reporting requirements must be submitted to the County for review.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 9 of 24

ATTACHMENT VI

PROFESSIONAL CREDENTIALS
The CONTRACTOR herein presents the required and essential credentials for performance of this contract and warrants them to be authentic, current and duly granted.

The Government Finance Officers Association (Contractor), founded in 1906, represents public finance officials throughout the United States and Canada. The association's more than 20,000 members are federal, state/provincial, and local finance officials deeply involved in planning, financing, and implementing thousands of governmental operations in each of their jurisdictions.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 10 of 24

ATTACHMENT III
Scope of Work
Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below:

At 6 months prior to the end of the contract term an assessment may be made of the value of the professional services herein delineated and thus far received. At the conclusion of the assessment, it may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the remaining payments may be withheld up to 20% of the contract. The assessment may determine that there is additional work to be amended to this scope of work. In the event of an amendment, the CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with COUNTY Policy and Procedure. Otherwise, pertaining to this contract’s scope of work it is the CONTRACTOR’s responsibility to remain within the term and amount of the contract. If the terms and/or conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way without fully executed amendment, the CONTRACTOR may not be reimbursed.

Contractor shall assist the County in the selection and implementation of an Enterprise Resource Planning (ERP) system/application, hereinafter referred to as “the project.

Duties and obligations of the CONTRACTOR:

Task 1: Project Planning and Management
Governance Support – Contractor shall lead the County with the development of a governance structure for the project. Contractor shall lead the development of a project charter, communication plans, decision making matrix, and other planning documents.

This shall include identifying the model for a steering committee, project team, and any business process improvement functions. Contractor shall utilize recent research to help inform the governance structure and change management function for this project.

Project Team - Contractor shall provide resources to assist in identifying process investigation teams (PIT Crews). Contractor shall help initiate teams and begin planning for overall involvement throughout the County’s project. Contractor shall actively participate on the PIT Crews and facilitate process discussions.

Project Plan – Contractor shall prepare a project plan in Microsoft Project. This document shall identify all the detailed tasks for the project, the person responsible for executing those tasks, the estimated time required to complete them, and any dependencies that a given task may have relative to other tasks.

Project Documentation - Contractor shall host a website with collaboration tools specifically for this project. Contractor shall provide training on how it can be used for sharing documents and information across the larger project team.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 11 of 24 Project Management – Contractor shall lead in regular project management meetings and provide a regular status report for the project at a cadence to be determined based on project need.

Contractor’s project manager shall serve as a coach, guide, and advisor throughout the project. Contractor shall maintain regular communication to address issues, point out risks, provide lessons learned, and ultimately work to help the project be a success.

Contractor shall prepare any communications, attend County Board of Supervisor meetings, or help deliver key messages to County stakeholders.

Project Deliverables

1. Project Management Documents
a. Project Charter
b. Project Goals
c. Project Plan
d. Staffing Readiness
e. Collaboration Website (Basecamp)
f. Status Report Template
g. Ongoing Readiness and Project Support Recommendations Task 2: Needs Assessment / Process Analysis
Contractor shall take a lead role in identifying business process change prior to and along with preparing a needs assessment and the development of an action plan for moving forward. Contractor shall interview County staff from departments to prepare options, recommendations and strategies for moving forward. Contractor shall also work with County staff to improve business process and overall policies. As lead, Contractor shall facilitate most meetings and manage project documentation.

Contractor shall facilitate business process mapping sessions to document the County’s business process requirements. Contractor’s mapping process is a highly collaborative one and shall involve participation of a wide variety of stakeholders, including the PIT crews established in Task 1. Contractor shall take the information from these sessions and develop maps on existing processes.

The following processes are in scope for this project.

Process List
Process Task / Topics
Accounting  Chart of Accounts  Funds Management  General Ledger Transactions  Grant / Project Tracking  Financial Reporting

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 12 of 24 Process List
Budget  Capital Improvement Planning (CIP)  Capital Budget  Budget Adjustments / Amendments  Personnel Budgeting  Operating Budget Procure – Pay  Vendors  Purchase Requisitions
o RFP / RFI / RFQ  Purchase Orders / Contracts  P-cards  Change Order  Receiving o Inventory / Warehouse  Accounts Payable  Travel  Other Agency Payables  CIV State Welfare Processing  Check writing (including Epayment) Customer Billing  Customer File  Online Bill Pay  Billing  Accounts Receivable/Collections  Reports Treasury  Cash Receipts
o Online payments  Disbursements  Interest Allocation  Bank Reconciliation  Positive Pay (needed for any department issuing checks)  Warrant clearing for outside agencies (not systemgenerated checks)  Treasury Management  Investment Tracking Asset Management  Asset Acquisition  Asset Tracking  Depreciation  Transfer / Disposal / Retirement  Work Order o Service Requests
o Work Orders / Scheduling
o Preventative Maintenance
o Asset History
o Activity Costing
o Inventory

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 13 of 34 Human Resources  Human Resources Management System includes but not limited to the following:
• Position Management which includes Position
Control & Class Codes (to replace HRIS),
Transactions
• Electronic Personnel Files & Medical Files
• Benefit Enrollment and Vendor files
• Personnel Evaluations / Performance
Management/ Disciplinary Files
• Risk Management (Injury / Workers Comp)
• Training / Certifications
Personnel Actions  Recruitment  New Hire: Onboarding  All Personnel Actions (Salary Adjustment / Position Change / Offboarding)  Leave Management (FMLA)
Payroll  Time Entry  Time Approval  Payroll Calculations  Payroll Processing  PERS Reporting  FLSA Compliance Permitting  Customer Management  Contractor License validation/management  Permit Review  Permit Billing  Business License management  Inspections  Code Enforcement/Case Management  Land Management  GIS/Parcel Layer/Parcel Fabric integration Note: For general system wide features such as reporting, dashboards, workflow, notifications, document management, etc. Contractor shall cover each within the appropriate business process areas.

Contractor consultants shall conduct analysis to benchmark the existing County processes against recognized public sector best practices, ERP functionality, other organizations, and the County’s project goals.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 14 of 34 Contractor shall facilitate all process improvement workshops to discuss improvement strategies with County staff.

Contractor shall apply these process improvement strategies to the County’s current process and mark up or revise the process maps as part of discussions and meetings to communicate potential business process improvements, changes, and future state options. This documentation shall also highlight potential change impacts and identify change management strategies and success factors for moving forward.

Project Deliverables

2. Process Analysis
a. Process Maps
b. Process Observations and Recommendations
Task 3: Develop a Plan of Action
Contractor shall facilitate a meeting of County stakeholders to define goals for the system, business process, policies, or other organizational improvement.

Contractor shall produce a report identifying recommendations on a strategy for moving forward. The report shall go beyond the high-level recommendation of a new system and address specific issues with scope, timing, vendor competition, and risk identification.

Contractor shall then gather information on costs and benefits on a limited number of alternatives that would satisfy the project goals. Taking key considerations around schedule, scope, phasing, and specific requirements of procurement of a new system into account. After carefully reviewing estimated costs, risks, and best practices, Contractor shall provide a plan of action detailing the recommended option.

Contractor shall prepare an overall procurement strategy that is designed to accomplish the County’s requirements and business goals, and mitigate risks during the project. After discussion with the County, the County shall make a decision on how to proceed with procurement of a new system. At this point, it is expected that the primary decision include the following components:
1) Scope for implementation (including phases)
2) Schedule for each phase
3) Procurement strategy (direct purchase vs. RFP)
Project Deliverables

3. Plan of Action
Task 4 (Optional): Develop Request for Proposal (RFP)
In this phase (if required), Contractor shall develop a detailed Request for Proposals (RFP) document for the County. The Contractor RFP format is designed to remove disparity between proposals and to provide as close to an apples-to-apples comparison as possible.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 15 of 34 Contractor shall use their RFP template that was specifically designed for ERP procurements. Working collaboratively with the County’s procurement team to include any terms and conditions from the County’s standard documents, decide on the procurement process, and ensure compliance with any other County requirements.

When complete, the RFP document will incorporate information developed with many of the other deliverables from this project including:
1) Procurement terms and conditions
2) Detailed vendor response templates
3) Functional Requirements
4) Interface Definition
5) Technical Documentation
6) Key Objectives / Goals / Critical Success Factors for the Project 7) Service Level Agreements
8) Other information necessary for vendors to prepare detailed response that meets the County’s needs.

Alternatively, if the County has made a selection on its chosen vendor, Contractor shall develop a statement of work (SOW) request document to begin negotiations with that vendor. This document will contain similar information to an RFP to help the vendor develop its SOW, however it will not facilitate a proposal or allow for competitive evaluation of multiple proposals. When complete, the SOW request will contain:
1) Expectations on terms for agreement
2) Functional Requirements
3) Process expectations
4) Interface Definition
5) Key Objectives / Goals / Critical Success Factors for the Project 6) Expectations on project management
7) Project phase preferences
With both documents, the focal point will be on functional requirements.

Contractor consultants shall work with the County PIT Crew members to review, validate and ultimately make decisions on the development of detailed functional requirements that will serve as a tool for accountability going forward.

Contractor focuses functional requirements development on business process. At each step in the business process Contractor shall determine both the system requirements and implementation requirements and document those using a Microsoft Excel template that is aligned to our process maps that shall be included in the eventual RFP. Requirements development focuses on functional requirements that define “what” needs to

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 16 of 34 be completed (such as tasks, outputs, interfaces, calculations, processing, etc.) and not on “how” the system or the organization handles tasks currently. This allows for future improvement and full utilization of the system tools and built in processes to make the County more efficient.

It is expected then that the requirements serve as the base document that establishes a template for proposal comparisons, the scope of the implementation project, the base level criteria for user acceptance testing, and the standard for post implementation warranty.

Project Deliverables

4. RFP Package
a. RFP Document
b. Functional Requirements

4. Request for SOW (alternate)
a. Scope Document
b. Functional Requirements / Process Expectations
Task 5 (Optional): Evaluation and Selection of Vendor (if necessary) Through defined steps, vendors will be evaluated and scored according to pre-defined criteria with the top vendors moving on to compete at the next step. Each step is an opportunity to negotiate terms, address risks, and provide methods for holding stakeholders accountable. Contractor’s standard evaluation process includes the three steps described below.

Step 1: Conduct Proposal Assessment
Upon receiving the written proposals from vendors, the County’s project team will begin an assessment and analysis of all proposals. Contractor shall assist with this assessment by reviewing proposals and providing comments on potential risks, issues, and any significant weaknesses/gaps and/or strengths.

Contractor can also leverage their extensive experience to compare each proposal to industry standards. All key findings shall be documented in a brief proposal assessment report that identifies Contractor’s findings. This report will also identify additional information that will be needed from vendors going forward.

In addition, at the County’s request, Contractor shall provide training to the County’s evaluation team on how to evaluate a proposal. Contractor’s training shall discuss common issues with proposals, vendor’s “tricks,” and an overview of important issues to look out for.

Contractor expects that after reviewing proposals, the County elevates a limited number of vendors for onsite demos/interviews. Typically, governments will elevate three vendors.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 17 of 34 Step 2: Software Demos and Interviews
Contractor staff shall develop detailed demo scripts for each vendor.

Typically, time devoted to implementation and demo is split 50/50.

Contractor believes that it is critical for vendors to explain HOW the software will be implemented along with the features of the software.

Since most of the risk comes from implementation phase, Contractor shall lead the County through a series of business process case studies, sample “workshops,” and implementation resource interviews to make sure County can effectively evaluate the knowledge and skills of the proposed implementation team.

Contractor shall also facilitate the demos and interviews with each vendor. In this role, Contractor shall be on-site to guide the meetings, ensure compliance with the demo scripts, take notes, and point out differentiators.

Step 3: Discovery
Contractor shall develop a Request for Clarification (RFC) letter for each vendor that was elevated. Then, during Discovery, each remaining vendor is invited back on-site for one more day of presentation. During this presentation, any remaining issues with software functionality, implementation approach, data conversion, or scope are clarified and vendors are asked to make any necessary revisions to their proposal. The main focus of this session is to plan the implementation so that the County and vendor can later develop a detailed statement of work. Contractor shall facilitate the Discovery session for two proposal teams.

Contractor expects that after Discovery, the County identify a finalist vendor. If it is not possible for the County to identify a finalist vendor, Contractor shall facilitate additional clarification rounds.

Project Deliverables

5. System and Vendor Selection
a. Evaluation Criteria
b. Evaluation Team Training
c. Proposal Assessment
d. Demo Scripts
e. Demo Feedback Surveys
f. Demo Notes
g. Request for Clarification Letter
Task 6: Contract Negotiations
Contractor shall take a lead role with the negotiation of any applicable software license contract, software maintenance agreement, hosting / SaaS agreement or implementation services agreement. In addition, Contractor shall lead the development of the statement of work. The statement of work is the critical document that outlines responsibility for the implementation.

Contractor shall ensure that the County’s statement of work is defined to a fine level of detail to prevent any unnecessary issues or misunderstandings

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 18 of 34 during implementation.

For cloud contracts, Contractor shall advise the County on identifying and negotiating appropriate service level agreements and other contractual provisions that establish performance standards and identify role responsibility. Contractor shall take the lead in establishing this documentation. Contractor assumes that the County will be negotiating one contract (or a contract for one proposal if that proposal contains multiple contracts for software, implementation, hosting, etc.).

Project Deliverables

6. Contract Negotiations
a. Completed Contract Documents
b. Guide to the Contract
Task 7: Implementation
Contractor shall provide a project management and oversight role throughout the County’s project and work with the County and its selected vendor to achieve the County’s project goals.

Contractor shall also continue its role as lead in contract negotiations for any contract amendments and project support to review milestones and invoices.

Project Planning
Contractor shall work with the County and County’s chosen vendor to prepare all plans for the implementation project. Contractor shall help be an advocate for the County throughout the project, but especially during early stages to insist that key SOW provisions are adhered, full scope of the project is considered, timing is appropriate, and the County is positioned to succeed.

Contractor shall ensure that all plans are thoroughly communicated to the County and shall work with the County’s project manager to prepare any necessary staffing plans, training plans, or identify potential resource issues that result from required participation levels in the project.

Deliverable Review
As part of the County’s statement of work with its selected vendor, Contractor shall negotiate terms that require the vendor to provide several key deliverables/work products. Contractor shall work with the County to help set expectations for vendor deliverables, review templates, monitor progress for deliverable completion, and provide a detailed review of the critical deliverables once complete. Contractor shall provide a report to the County outlining any issues (either with compliance against the contract or consistency with best practices). To properly review the deliverables, Contractor shall lead in the development of the deliverables that will include participation in site visits, conference calls, or other information gathering activities. As part of that participation, Contractor shall be available to provide further guidance, best practice information, or other lessons learned.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 19 of 34 Note: It is the County’s responsibility to accept all deliverables and milestones. Contractor cannot accept or reject items on behalf of the County.

Subject Matter Expertise
Contractor assumes that the County will be moving forward with business process changes and best practice recommendations from Contractor’s process mapping sessions. During the implementation project, Contractor shall lead the business process design sessions with County staff and vendor consultants to ensure that the County shall deploy best business practices aligned with earlier recommendations rather than “re-creating the old system.” Additionally, as part of the design process, Contractor shall provide research into best business practices and communicate both advantages and disadvantages of specific design decisions based on Contractor’s implementation experience and/or lessons learned from our member network.

Contractor shall participate in on-site meetings, or join via tele/video conference and provide thorough meeting notes, design documents, or other system or process documentation to review for best practices, process inefficiencies, or other potential issues.

Participation in Project Meetings
Contractor’s team shall lead project management meetings, and participate in steering committee meetings, facilitate PIT crew meetings or other meetings with project team representatives to provide guidance, coordinate on work tasks, or communicate updates to key stakeholders. Contractor shall also help resolve any outstanding issues. Contractor participation may be either on-site or remote.

Monthly Project Reviews
Contractor shall conduct periodic project reviews for the County at time intervals mutually agreed upon between Contractor and the County. Each review will be completed by Contractor’s Director of Research and Consulting or Contractor’s Technology Solutions Manager (or a similar senior level representative from Contractor as approved by the County). For the review, Contractor representatives shall be on-site and shall conduct interviews with project stakeholders and key members of the project governance structure (including vendor staff). Contractor shall also review project deliverables, project progress, status reports, and other relevant information. These Periodic Project Reviews will provide a regular and independent assessment of project progress and project health.

The review may include any relevant issue with the project, but is likely to cover project goals, ongoing risks, contract compliance, best practice implementation, business process review, project communications, project decision making, project management, change management, and training strategies, and testing plans.

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 20 of 34 After the review is complete, Contractor shall provide a brief project review report summarizing issues. It is also expected that Contractor shall be available to participate in a meeting (either on-site or by phone) to discuss project issues and findings in the project review report.

Testing Support
Testing during an ERP project is critical. Contractor shall help manage the testing process for the County and shall coordinate all levels of testing including system testing, business process testing, unit testing, regression testing, parallel testing, and acceptance testing. Contractor shall bring an organized and detailed approach to testing that focuses on business process, use case, and contracted requirements to ensure that the system will support the County’s processes and to hold all accountable to the project goals.

Training
Not only will the County need to train users initially on the system, ERP projects often require training on best practices, changed business process, and new organizational roles. Contractor shall assist the software vendor in providing best practice based training to users. Contractor shall work to coordinate the entire training effort by developing a training plan, manage delivery of training, and evaluate training effectiveness. Contractor shall help to create training documentation that can be used both prior to go-live and for continued efforts after the system is in production.

Overall Project Oversight
Essentially, Contractor’s oversight role shall provide an “early warning mechanism,” to the County at key points in the implementation process by tracking the progress of activities within the project plan and identifying risk areas.

Development of a thorough implementation plan is an important component to the development of an effective project structure. Furthermore, throughout an ERP system implementation, plans must be revised and appropriate controls must be present as part of effective project management to minimize deviations from the timeline and/or budget. Contractor shall work with the County’s vendor and the County project/program managers to monitor project status, resolve project scope and approach issues, and provide input on improving the logic of the overall plan if necessary.

Primary activities for overall oversight shall include contract monitoring, ongoing change management, support for the County’s steering committee, managing the issues log, or other project tasks as may be necessary.

Additional tasks as part of overall project oversight shall include:

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 21 of 34 Contract Monitoring
Contractor has in-depth detailed knowledge of the contract and statement of work and shall continue to track project progress against acceptance criteria and payment milestones. This is a critical task in ERP implementations. Based on Contractor’s experience, ERP vendors often find it convenient to ignore key contract requirements.

Contractor shall monitor deliverable activity and if necessary can also review project invoices for contract compliance. In addition, while Contractor believe its procurement approach significantly reduces the chance that contractual issues will arise during implementation, the County must still be prepared. Because of Contractor’s detailed knowledge of the statement of work, and its contract negotiation experience and expertise, Contractor is often able to resolve issues or negotiate the scope of necessary change orders saving the County both time and money. As part of these services, Contractor shall assist as issues are identified. The process used to resolve issues might involve phone calls, site visits, document review, and/or other activities.

Ongoing Change Management
Contractor shall provide support to the overall organizational change management function of the project. Contractor’s role in providing overall oversight to the project will enable Contractor to gain an important perspective on project risks, pace of change, and sources of resistance. Contractor shall then work with the County staff to develop change management strategies to help overcome project issues. In addition, Contractor feels strongly that change management must focus on a proactive element of good governance, communications, and support for a positive collaborative culture within the project.

Contractor shall provide assistance and ongoing recommendations in making sure that project leaders are working to facilitate effective change management tactics throughout the project through their ongoing leadership
Support for the County’s Steering Committee
In addition to participating in the County’s Steering Committee meetings, Contractor shall provide ongoing support and coaching for the Steering Committee.

Throughout the project, Contractor shall assist with strategy, project communications, budgeting, establishing an ongoing support structure, and any other overall IT governance tasks.

Management of Issues Log
Throughout the project, Contractor shall work with the County and vendor to identify risks, project issues, and other concerns and proactively log, track, and resolve those issues. Contractor expects that the vendor will maintain an “issues log” and Contractor shall manage the issues log and ensuring there is a sense of urgency to

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 22 of 34 the vendor completing tasks.

Additional Tasks
Contractor is often asked to provide additional services beyond what is covered in this contract to clients during implementation. If additional services are requested, Contractor shall work with the County’s project manager to develop an additional scope of work. Should these other types of services be required by County, a written amendment to this contract shall be duly executed by both parties.

Project Deliverables

7. Project Reports (as appropriate)
Duties and obligations of the COUNTY:

County shall: o Make any relevant notification promptly o Provide data promptly o Provide schedules or set up meetings or respond to presentation of information promptly o Pay upon provision as herein stipulated and after presentation of appropriate receipts and/or invoice. o Upon receipt, review and approval of Contractor invoices, pay no less than 60 days. o County does not pay interest, fees or penalties.

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Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 23 of 34 Timeline
The following schedule is based on conversations between Contractor and County and focused around September 2020 project start and potential go-live of phase 1 in July 2021. The schedule is aggressive, and will rely on the County’s active participation and timely decision making through all business process improvement sessions, requirements definition tasks, and system decisions.

Contractor has proposed two schedules depending on if the County issues an RFP.

NO RFP
Proposed Schedule month
9 1
0 1
1 1
2 1 2 3 4 5 6 7 8 9
1 0
1 1
1 2
Task 1: Project Planning
Task 2: Process Analysis
Task 3: Plan of Action
Task 4: RFP Development
Task 5: Vendor Selection
Task 6: Contract Negotiations
Task 7: Implementation (phase 1)
Task 7: Implementation (phase 2+) T B D
RFP
Proposed Schedule month
9 1
0 1
1 1
2 1 2 3 4 5 6 7 8 9
1 0
1 1
1 2
Task 1: Project Planning
Task 2: Process Analysis
Task 3: Plan of Action
Task 4: RFP Development
Task 5: Vendor Selection
Task 6: Contract Negotiations
Task 7: Implementation (phase 1) T B D
Task 7: Implementation (phase 2+) T B D
Pricing
Unless noted, all pricing is provided as a fixed fee. Contractor shall invoice for project deliverables upon completion of project deliverables. It is understood by both County and Contractor that projects may face delays, require additional analysis than what was originally planned, or may require additional effort to address risks as they come up during the project. Contractor commits to honoring the fixed price to deliver a successful project.

Contractor consultants working on this project shall be traveling from the Chicago office.

Due to the current situation with the COVID-19 pandemic, Contractor consultants expect to work remotely initially on the project. If/when conditions improve, Contractor

Professional Services Contract - GT$25K Rev. 7-12-19 Butte County General Services Page 24 of 34 shall discuss on-site expectations with the County and determine a schedule that makes most sense for the project and health of all involved. The following pricing for tasks 1-6 assumes 100% remote work. Pricing rate for task 7 assumes travel to Butte County.

Task/Deliverable Milestone Price
1 Project Planning
1 Project Management Documents $25,000
2 Needs Assessment / Process Analysis
2-A Process Maps $70,000
2-B Process Analysis and Recommendations Included
3 Plan of Action
3 Plan of Action $10,000
4 (Optional) Develop RFP
4-A RFP $15,500
4-B Functional Requirements Included
4-C
(Alternate) SOW Request ($10,000)
5 (Optional) Evaluation and Selection of Vendor (Optional) 5-A Evaluation Criteria $5,000
5-B Evaluation Team Training $5,000
5-C Proposal Assessment $20,000
5-D Demo Scripts $3,500
5-E Demo Facilitation $15,000
5-F Demo Notes Included
5-G Request for Clarification / Discovery $12,500
6 Contract Negotiations
6-A Contract Negotiations $15,500
TOTAL NOT-TO-EXCEED PRICE for Tasks 1-6 $197,000
Task/Deliverable Milestone Price
7 Implementation
TBD Priced at $250/hour $300,000
ESTIMATED FEES for Task 7 $300,000
Note: Prior to beginning task 7, Contractor can proposed additional fixed fee tasks that more closely match the County’s required scope instead of billing based on an hourly rate. The $300,000 estimate is based on past project experience and the tasks listed in this document. Contractor and County shall work together to adjust this estimate if necessary. If cost of Task 7 is greater than $300,000.00, the increase shall be by written amendment.