Shafter City Council
December 19, 2023

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SECTION 1.1 PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Shafter, hereinafter referred to as the “City” and the Shafter Police Officers Association (SPOA), hereinafter referred to as the “Association” pursuant to California Government Code Section 3500, et seq. and the City's Employer - Employee Relations Policy. The purpose of this MOU is the establishment of wages, hours and other terms and conditions of employment.

The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender.

SECTION 1.2 RECOGNITION
a. The City recognizes the Association as the recognized and exclusive representative for Animal Control Manager, Animal Control Officer, Police Dispatchers, Police Officers, Police Sergeants, and Senior Police Officers. b. This recognition is exclusive of management employees, temporary employees, part-time employees, independent contractors and individuals placed by employment agencies. c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation under the Meyers-Milias-Brown Act (GC 3500, et seq.), and as provided under the City's EmployerEmployee Relations Policy.

SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b. If any provision of the MOU should be found invalid, unconstitutional, unlawful or unenforceable, the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU.

SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages, hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If during the term of the MOU, the parties should mutually agree to modify, amend, or alter the provisions of this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Association. Any such changes validly made shall become part of this MOU and subject to its terms.

SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the MeyersMilias-Brown Act, including those set in this MOU, shall remain in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.

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ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of one bulletin board at the Shafter Police Department. c. The right to payroll deductions made for payments or organization dues and for City approved programs. d. The use of City facilities for regular, normal and lawful Association activities, providing that approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements. f. Time off allowance to employee representatives shall be as afforded in section 3505.3 of the Meyers-Milias-Brown Act. g. Reasonable notification of officer involved shootings and any incident during which a member requests representation by the Shafter Police Officers Association or Legal Counsel provided by the Shafter Police Officers Association.

SECTION 2.2 CITY RIGHTS
a. The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments set standards and levels of service, determine employment standards, direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or funds or for other legitimate reasons, maintain the efficiency of governmental operations, maintain fiscal integrity, determine the methods, means and personnel by which government operations are to be conducted, establish a classification plan, take all necessary actions to carry out its mission in emergencies, and exercise complete control and discretion over its organization and the technology of performing its work.
b. In addition, the City retains the exclusive right, subject to the provisions of this MOU, the Personnel Rules, and the Meyers-Milias-Brown Act, to take other actions, make decisions, or set procedures or policies it deems appropriate.

ARTICLE III - GRIEVANCE PROCEDURE
SECTION 3.1 GRIEVANCE PROCEDURE
a. Purpose
In the belief that the resolution of grievances is a constructive management action, a grievance procedure is hereby established. Such a procedure will give permanent employees assurance that the City recognizes their right to be heard and assist them in achieving job satisfaction. The purpose of this procedure is to provide a just and equitable method for the resolution of grievances or complaints without prejudice. b. Representation

1. The employee has the right to the assistance of a representative of his/her choice in the investigation, preparation and presentation of a complaint or grievance.

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2. Representation may occur at any stage of the grievance procedure, provided, however, that prior to calling for representation at step one of the procedures the employee shall discuss his/her complaint or grievance with his/her supervisor. Upon conclusion of the discussion, the employee may request a continuation of the grievance process (step one), to a mutually agreeable time within five (5) working days, to have the assistance of a representative.

3. If the employee selects another employee as his/her representative, such representative shall not be released during working hours without the approval of his/her supervisor. c. Definition

1. A complaint is defined as an allegation or charge against a party that an error or wrong has been committed.

2. A grievance is defined as the expressed claim by an employee that the City, or one of its representatives has violated, misinterpreted, or misapplied the MOU provisions and/or City personnel ordinances, rules and regulations, or administrative directives.
d. Grievance Conferences
Grievance conferences between management and the employee will normally be conducted during management working hours at a mutually convenient time.
e. Grievance Investigation
The investigation of a complaint or grievance during working hours by an employee and his/her representative, if any, shall be in accordance with the following:

1. Prior to entering any job site, the representative shall obtain the approval of the job site supervisor.

2. There shall be no solicitation of grievances or employee organization membership.

3. The investigation shall be conducted in a reasonable amount of time and expeditiously with due regard for the work requirements of the City.

4. Where the investigation commences prior to the end of the regular workday, time spent after the close of the regular workday shall be the employee's own time.

5. Entry will not be permitted if it would unreasonably interfere with or delay City work.

6. All safety regulations relating to the presence and conduct of persons at the job site shall be complied with. f. Steps

1. Step One
A. The employee shall inform his/her supervisor of the complaint or grievance within five (5) working days after the employee knows, or in the exercise of reasonable diligence should have known of the events giving rise to the complaint or grievance. Failure to complete this procedure will bar further consideration of the complaint or grievance.

B. The supervisor shall within five (5) working days of the discussion render a verbal decision to the employee.

2. Step Two

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A. Within five (5) working days from receipt of the verbal decision from the supervisor, the employee, if he/she wishes to appeal the decision, shall notify the Department Head of his/her intent to appeal the decision. Failure to complete this procedure will bar further consideration of the complaint or grievance.

B. The Department Head or his/her designated representative shall, within five (5) working days of the notification as required above, have a discussion with the employee concerning the complaint or grievance.

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C. The Department Head or his/her designated representative shall, within five (5) working days of the discussion, render a written decision to the employee.

3. Step Three
A. Within five (5) working days from receipt of the written decision from the Department Head, the employee, if he/she wishes to appeal the decision, shall notify the City Manager in writing of his/her intent to appeal the decision. Failure to complete this procedure will bar further consideration of the complaint or grievance.

B. The City Manager or his/her designated representative shall, within five (5) working days of the written notice, render a written decision to the employee. Nothing in this Section shall prohibit more expeditious handling of the complaint or grievance. The decision of the City Manager shall be final and binding with regards to all complaints that reach this level.

4. Step Four
A. Within ten (10) working days from receipt of the written decision from the City Manager, the grievant, if he/she wishes to appeal the decision, shall file with the City Manager a written demand requesting a hearing before the City Council to review the decision reached regarding his/her grievance.

B. Upon the receipt of written demand for City Council review, the City Manager shall compile the entire record of the grievance along with whatever other data he/she deems pertinent for a fair and objective appraisal of the employee's appeal. The City Council shall investigate the case and, if the preliminary findings so warrant, may schedule a hearing. The City Council shall have at its discretion the power to adjudicate an appeal without a hearing.

C. When the City Council establishes a hearing date, the City Manager shall notify the affected parties of the date, time and place set by the City Council; and shall publicly post, at such places as the City Council may prescribe, a notice of the date, time and place of the hearing together with the names of the affected parties. Unless incapacitated, the employee shall appear personally before the City Council at the hearing and may be represented by any person or Attorney he/she selects.

The City Council shall administer oaths to witnesses testifying in said hearings. The hearing may be open or closed to the public at the option of either the employee or City Council unless the employee specifically requests a public hearing. Each member of the City Council shall have the power to cause subpoenas to be issued to compel the attendance of witnesses and the production of evidence relating to the hearing subject matter. Any Council member present at the hearing shall have the power to administer oaths to witnesses. The refusal of a City employee to testify under oath shall be grounds for disciplinary action. Service of subpoenas shall be made by the Police Chief or his/her subordinates.

D. The City Council through the Mayor shall conduct the grievance appeal hearing in the following manner:

1. The hearing shall be called to order by the Mayor at the scheduled time.

2. The aggrieved employee shall first present his/her grievance, together with whatever witnesses and evidence he/she may deem pertinent. The employee and his/her witnesses shall be subject to cross-examination by the representative of the City government administration.

3. Representative of the City government administration may present witnesses and evidence pertinent to and supportive of the City's position. The City's witnesses shall be subject to cross-examination by the aggrieved employee.

4. Closing arguments shall then be presented, with the employee or his/her representative preceding the representative of the City government administration in presentation.

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5. The City Council shall then formally adjourn the hearing. At any time during the hearing, the City Council may suspend the procedure to allow one or more Council members to interrogate a witness, one of the parties or one of the representatives of the parties.

E. Written findings and recommendations of the City Council shall be rendered within ten (10) calendar days from the date of the closing of the hearing, and shall thereupon be directed to the City Manager, the Department Head, the immediate Supervisor and the aggrieved employee. The decision of the City Council shall be final. A copy of the City Council's findings and recommendations shall be entered into the minutes of the Council, and a copy placed in the employee's personnel file.

ARTICLE IV - HOURS OF WORK AND OVERTIME
SECTION 4.1 HOURS OF WORK
a. Work Period

1. The normal work period shall be seven (7) days with a maximum non-overtime of forty (40) hours. The work period shall commence at 0000 hours Saturday and end at 2400 hours Friday.

2. When mutually agreed upon by both the City and the Association, employees may be placed on alternative work schedules. Use of an alternative work schedule shall be on a trial basis not to exceed three (3) months. Extension may be granted at the sole discretion of the Department Head. The City reserves the right to terminate this alternative work schedule anytime if it is found unsatisfactory at the sole discretion of the Department Head. Employees may terminate this alternative work schedule if it is found unsatisfactory by at least two-thirds of the recognized employees. Matters concerning alternative work schedules are not subject to the grievance procedure. The alternative work period shall be fourteen (14) consecutive days with a maximum non-overtime of eighty (80) hours. The work period shall commence at 0000 hours Saturday and end at 2400 hours Friday. Benefits such as vacation, holiday and sick leave accrue on an eight (8) hour day. Absences from a work day exceeding eight (8) hours require use of additional accrued leave. Only sworn employees are eligible for the 14-day work period in accordance with the 207(k) partial overtime exemption.

3. Non-sworn employees working a 3/12 work schedule will have an alternating regular day off every other week as determined by the City. For such employees working a 3/12 work schedule, each employee’s designated workweek shall begin exactly four hours after the start of his/her eight-hour shift. b. Shift Change Notification
Shift work employees shall be granted five (5) working days of advance notice of changes in scheduled shifts unless such change is due to illness or emergency.
c. Shift Employee Mealtime

1. Mealtime for shift employees is thirty (30) minutes of paid time, therefore shift employees shall be subject to call out during mealtime. Nothing in this section provides for or implies any additional compensation or benefit if a mealtime is not received.

2. Mealtime for non-shift employees is sixty (60) minutes of non-paid time. d. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked.

Rest periods are not to be construed as mealtime. Nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received. e. Definition of Shift Employee

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Shift employees include Animal Control Manager, Animal Control Officer, Police Dispatchers, Police Officers, Police Sergeants, Records/Dispatch Supervisor, and Senior Police Officers regularly assigned to positions that require duties to be regularly performed on a twenty-four (24) hour day, seven (7) days a week basis. f. Shift Trades
Employees of equal rank will be allowed to trade shifts from time to time if the following criteria are met:

1. The trade does not adversely impact the Department's operating needs.

2. The trade does not result in the payment of overtime to the trading employees.

3. The trade is by mutual consent of the employees involved.

4. The trade request must be submitted in writing to the employee’s supervisor, signed by both employees and approved by the Department Head or his/her designee.

5. The trade days occur within the same pay period.

SECTION 4.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay. All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked, the employee shall be compensated for one quarter (1/4) hour of overtime.
b. Hours Paid
c. Overtime shall be paid for hours worked in excess of forty (40) hours in a normal 7-day work period. Vacation leave, sick leave, and compensatory time off constitute hours worked. d. Overtime shall be paid for hours worked in excess of eighty (80) hours in an alternative 14-day work period. Vacation leave, sick leave, and compensatory time off constitute hours worked. c. Compensatory Time Off (CTO)
Notwithstanding the provisions of this section, employees may be granted CTO for overtime credit computed at time and one-half at the discretion of the Department Head and with due regard for the wishes of the employee. Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels. Employees may accrue a maximum of two-hundred (200) hours in their CTO account. All CTO hours over one-hundred sixty (160) earned and accrued through June 30th, shall be paid at the employee’s current rate of pay on a one-time annual lump sum basis on or before July 31st.
d. Schools/Training/Qualifications/Department Meetings
All schools, training, qualifications, and department meetings required by the City or Department and attended by employees on off duty time shall be compensated by time and one-half rate of pay with a minimum compensation of two (2) hours.

SECTION 4.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated at one and one-half times the regular rate of pay with a minimum compensation of two (2) hours. This section does not apply to standby/court time, see section

4.4 for standby/court time pay.

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SECTION 4.4 STANDBY TIME/COURT TIME
a. Standby Pay
Employees placed on standby at a time they are not working shall receive two (2) hours pay at time and one-half. b. Court Subpoena Appearance Pay
Employees appearing in court pursuant to a subpoena from court standby shall receive three (3) hours pay or actual court time including travel, whichever is greater, at time and one-half. Court pay is in addition to standby pay, if any.

ARTICLE V - PAY PROVISIONS
SECTION 5.1 SALARY
a. Effective January 1, 2024, sworn recognized employees shall receive a thirteen- and three-quarter percent (13.75%) salary adjustment. The City and Association agree that the actual percentage may vary slightly due to rounding. b. Effective January 1, 2024, non-sworn recognized employees shall receive a seven- and three-quarter percent (7.75%) salary adjustment. The City and Association agree that the actual percentage may vary slightly due to rounding. c. Salary step increases to Steps B, C, D and E shall be considered merit increases. Employees shall be eligible for salary advancement to the next step upon completion of twelve (12) months of satisfactory job performance and normally increasing job productivity at the present step, and upon recommendation of the Department Head and approval of the City Manager.

SECTION 5.2 EDUCATION INCENTIVE PAY
a. Employees shall be reimbursed up to three thousand dollars ($3000) in a calendar year for expenses incurred for taking college courses and other courses under the following conditions:

1. Prior Department Head and City Manager approval is obtained.

2. The course furthers a job related major as approved by the Department Head or his/her designee.

3. College courses require a minimum three (3) units completed with a grade of “C” or better. b. POST Incentive Pay

1. Purpose
A. Employees with average or standard performance are a valued part of the City organization. The POST Incentive Pay is an incentive intended to reward sworn police officers and police dispatchers for extraordinary contributions to the safety and security of the community of Shafter.

2. The POST Incentive Pay is as follows:

A. Intermediate Certificate is five percent (5%) of base pay.

B. Advanced Certificate is an additional five percent (5%) of base pay, for a total of ten percent 10%.

C. Supervisor Certificate is an additional two and one-half percent (2.5%) of base pay, for a total of twelve and onehalf percent (12.5%).

3. Eligible employees must submit the certificate to Chief of Police for approval. Upon approval by the City Manager, the POST Incentive Pay shall become effective the first day of the pay period following the City Manager’s approval.

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4. Eligibility
A. The employee must be employed as a full-time sworn Police Officer or a full-time Police Dispatcher authorized by Penal Code 830.1.

B. The employee must have been issued and possess a POST Intermediate or Advanced Certificate, prior to applying for the incentive pay.
c. College Degree Incentive Pay

1. The City shall provide an incentive to obtain a level of education beyond that of high school graduation provided the course of study is in a job-related subject. Job related subjects include Administration of Justice, Police Science, Police Administration, Criminology, or Criminal Justice. Other subject fields may be considered as qualifying on a case-bycase basis as approved by the Chief of Police and the City Manager. Compensation is as follows:

A. An employee with 60 or more semester units and currently enrolled and participating in courses normally required for, or included in the curriculum leading towards a degree, shall be compensated 2.5% of base salary.

B. An employee with an associate degree from an accredited college or university, shall be compensated 2.5% of base salary. An employee receiving the incentive for an associate degree shall not receive the incentive for having 60 or more semester units.

C. An employee with a qualified job-related bachelor’s degree from an accredited college or university, shall be compensated 5% of base salary. An employee receiving the incentive for a bachelor’s degree shall not receive the incentive for having as associate degree or for having 60 or more semester units. The maximum education incentive pay is 5% of base salary.

SECTION 5.3 BILINGUAL SPANISH INCENTIVE PAY
Employees shall receive incentive pay at five (5%) of base salary per month for having bilingual ability in Spanish to the satisfaction of the Department Head or his/her designee.

SECTION 5.4 RETIREMENT
a. The City agrees to contract with California Public Employees Retirement System and recognized employees are responsible for paying the 9%-member contribution for Police Officers, Senior Police Officers, and Police Sergeants, for employees hired on or before December 31, 2012. The plan benefits consist of the 3% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042. b. The City agrees to contract with California Public Employees Retirement System and recognized employees are responsible for paying the 7%-member contribution for the Animal Control Manager, Animal Control Officer, and Police Dispatchers, for employees hired on or before December 31, 2012. The plan benefits consist of the 2% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042.
c. Employees hired on or after January 1, 2013, who qualify as a “new member” in the California Public Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to California Public Employees Retirement plans as follows:

1. Police Officers, Senior Police Officers, and Police Sergeants shall be subject to California Public Employees Retirement System 2.7%@57 Safety formula (GC Section 7522.25 (a,b,c,d)); three year final compensation (GG 7522.32(a)). Members shall contribute 50% of the annual normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to increase, decrease, or stay the same in any given year.

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2. Animal Control Manager, Animal Control Officer, Police Dispatchers, and Records/Dispatch Supervisor shall be subject to California Public Employees Retirement System 2%@62 Miscellaneous formula (GC Section 7522.20 (a)); three-year final compensation (GG 7522.32(a)). Members shall contribute 50% of the annual normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to increase, decrease, or stay the same in any given year.
d. Employees hired on or after January 1, 2013, who qualify as a “classic member” of the California Public Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the retirement formula available on December 31, 2012, as follows: Police Officers, Senior Police Officers and Police Sergeants, Local Safety 3%@55 full formula; Animal Control Manager, Animal Control Officer, Police Dispatchers, and Records/Dispatch Supervisor, Local Miscellaneous 2%@55 full formula. Employees are responsible for paying the employee's 9%-member contribution for Safety, and 7%-member contribution for Miscellaneous.

SECTION 5.5 SICK LEAVE
a. Sick leave accrues at a rate of 3.6923 hours bi-weekly. There is no limit to the accumulation, however, the maximum shall revert back to one hundred twenty (120) days in the event of legislation requiring cities to provide conversion rights. b. Employees with at least 480 hours of sick leave shall be eligible for the Stay Well Bonus. For purposes of sick leave accounting, the annual period shall be December 1 through November 30. All unused sick leave above 480 hours will be used for calculating the employee’s stay well bonus paid on or around December 15.

Net sick leave earned and not used during the annual period will be divided in half. One-half will be paid to the employee at the employee’s current base hourly rate and the remaining one-half shall remain as regular sick leave.

Except in the case of retirement, employees leaving City service who have at least 480 hours of accrued sick leave shall be paid a Stay Well Bonus, at the same time as their final payroll check, using the formula described above and based upon their accrued and used sick leave from the end of the last annual period through their date of separation. Employees may elect to be paid by separate check. Employees may also increase their contribution to the ICMA 457 Deferred Compensation Plan contemporaneously with the payment for sick leave by turning in an election form. c. Upon service retirement, disability retirement, or death, active employees will be paid for all sick leave hours accrued in excess of 720 hours at the rate for which it was earned. d. Employees may use sick leave as defined in the City of Shafter Administrative Policy Sick Leave. e. Employees employed as of July 1 who do not use any sick leave during the period July 1, through June 30, shall be credited on July 1 of the following fiscal year, with one eight (8) hour floating holiday. Sick leave paid according to the Section 5.5.b. shall not be considered as sick leave used for the purposes of determining eligibility for Section 5.5.e. The floating holiday cannot be carried over to the next fiscal year. Use of a floating holiday must have prior department approval and shall be consistent with the efficient operation of the department.

SECTION 5.6 VACATION LEAVE
a. Employees having less than one (1) year continuous employment shall not be entitled to vacation with pay. b. Vacation days are based on an 8-hour day and shall be credited on a pro-rated basis as follows:

1. Ten days (80 hours) of vacation after one (1) year of service. Accruals begin on date of hire.

2. Fifteen days (120 hours) of vacation after five (5) years of service. New accrual rate begins at the completion of the 5 th year of service.

3. Seventeen days (136 hours) of vacation after ten (10) years of service. New accrual rate begins at the completion of the 10th year of service.

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4. Twenty days (160 hours) of vacation after fifteen (15) years of service. New accrual rate begins at the completion of the 15th year of service.

5. Twenty-five days (200 hours) of vacation after twenty (20) years of service. New accrual rate begins at the completion of the 20th year of service.
c. Employees hired prior to July 1, 2000, may accrue no more than three times the annual accrual at their current accrual rate. Employees hired on or after July 1, 2000, may accrue no more than two times their annual accrual at their current accrual rate. Employees reaching their maximum accrual limit will stop accruing until the balance is below the maximum accrual limit. The table below is provided as an example of accrual rates and maximum accrual limits and may not be all inclusive. Additional accrual rates will be subject to the two- and three-year maximum accrual limits based on date of hire indicted above unless otherwise noted.

Date of Hire Prior to July 1, 2000 Date of Hire on or after July 1, 2000 Bi-weekly Accrual Rate Maximum Accrual Bi-weekly Accrual Rate Maximum Accrual

3.077 240 Hours 3.077 160

4.615 360 Hours 4.615 240

5.231 408 Hours 5.231 272

6.154 480 Hours 6.154 320

7.692 600 Hours 7.692 400
d. The time during the year at which employees may take vacation shall be determined by the Department Head with regard for the wishes of the employee and particular regard for the needs of the City. e. Employees who terminate employment, shall be paid in a lump sum for all accrued vacation earned up to the effective date of termination.
f. Employees who have accrued at least one hundred and twenty (120) hours of vacation time shall be allowed to cash-out up to a maximum of forty (40) hours of vacation time annually.

Employees who have accrued at least two hundred and forty (240) hours of vacation time shall be allowed to cash-out up to a maximum of eighty (80) hours of vacation time annually.

Vacation cash-out will be paid twice a year; on or before May 31st and November 30th. Request must be received by Human Resources no later than the first payday in May and/or November. Accrual balance on the first pay day in May and/or November will be used to determine eligibility. Under no circumstances will the total number of hours eligible for cash-out exceed eighty (80) hours annually.

Employees may elect to be paid by separate check and/or contribute to the ICMA 457 Deferred Compensation Plan for all vacation cash-out hours eligible to be paid out.

SECTION 5.7 HOLIDAYS
a. The following are paid city holidays:

Holiday Date Hours
New Year’s Day January 1 8
Washington’s Birthday 3
rd Monday in February 8
Memorial Day Last Monday in May 8
Independence Day July 4 8
Labor Day 1
st Monday in September 8
Thanksgiving Day 4
th Thursday in November 8
Day after Thanksgiving 4
th Friday in November 8
Christmas Eve December 24 8
Christmas Day December 25 8
New Year’s Eve December 31 8
Martin Luther King Jr. Floating Holiday 8

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Veterans Day Floating Holiday 8
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive the two (2) floating holidays. Employees hired after November 11 shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. c. In addition, any day proclaimed by the City Council as a holiday. d. The holiday is recognized beginning at 12 a.m. at the start of the day on the holiday falls on until to 12 a.m. at the end of the day on the holiday. The maximum holiday compensation is 8 hours at straight time when an employee does not work on the holiday. Holiday compensation when an employee works on the holiday shall be at time and one half for all hours worked during the holiday. The City shall provide 8 hours of holiday pay in addition to pay for holiday hours worked.

SECTION 5.8 BEREAVEMENT LEAVE
a. As required by law, employees shall be granted up to five (5) days of job protected leave for bereavement in the case of the death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, son-inlaw, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, and registered domestic partner. The days do not need to be consecutive but must be completed within three (3) months of the date of death. Up to three (3) working days of bereavement leave shall be with pay. Employees may use their accrual leave balances, such as sick, vacation, or CTO to cover the leave for the additional two (2) days. If the employee does not have the accrual hours to utilize, the employee must request a Leave of Absence Without Pay in accordance with Personnel System Rule 15.5.
b. Employees may be granted five (5) paid days of bereavement leave as approved by the City Manager in case of the death of the employee’s spouse or child when the funeral takes place out of State or more than two hundred (200) miles from Shafter.
c. Employees shall provide documentation of the death within 30 days of the first day of leave. Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

SECTION 5.9 MILITARY LEAVE
Military leave shall be granted according to the provisions of State law. Employees shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.

SECTION 5.10 OUT-OF-CLASS PAY
To assure the orderly performance and continuity of public services, the City may be required to temporarily upgrade employees on an acting basis to positions of higher rank. For the purpose of this Section, it is understood that temporary upgrading may be required in order to fill or compensate for temporary vacancies.

In the case of a temporary upgrading for more than fifteen (15) consecutive workdays, said employee acting in the position of higher rank shall be compensated with Out-of-Class Pay at a rate of 5% of base salary or the A step of the temporary upgraded position, whichever is greater, commencing on the 15th consecutive workday.

Said employee shall be fulfilling all requirements of the position as approved by the City Manager to receive Out-of-Class Pay.

Should an assignment to a temporary upgraded position continue beyond 12 months, said employee shall be compensated at the next step in the salary schedule for the upgraded position, at the completion of 12 months in the temporary position, and annually thereafter while assigned in the upgraded position, until said employee attains the top step of the out-of-class salary range.

SECTION 5.11 CANINE HANDLER INCENTIVE PAY

SPOA MOU 2024-2024 14
The canine handler shall receive incentive pay at two and one-half percent (2 ½%) of base salary.

SECTION 5.12 TRAINING OFFICER PAY
Duties for Animal Control Manager, Senior Police Officers, Police Sergeants and the Records/Dispatch Supervisor include the training of new staff. Animal Control Manager, Senior Police Officers, Police Sergeants and the Records/Dispatcher Supervisor are not eligible for Training Officer Pay when assigned as training officers.

Should an employee holding the rank of Police Officer or Dispatcher be designated as a training officer, said employee shall be compensated with Training Officer Pay at a rate of 5% of base salary during the time in which training officer designation occurs. Designation as a training officer on an incidental basis is excluded. Incidental basis is defined as 3 consecutive shifts assignments or less.

SECTION 5.13 CELLULAR TELEPHONE PROVISION
The cellular telephone provisions shall be defined in the City of Shafter Administrative Policy Employee Use of City Owned and Privately-Owned Cellular Telephones and the Shafter Police Department Policy 702.

SECTION 5.14 PAY SCHEDULE
a. Employee pay shall operate on a bi-weekly pay schedule, including 80-hour work periods with 26 work periods per year. b. The payroll cut-off for both, overtime and regular time, shall be one week prior to payday. c. Employees shall be paid for actual hours worked (or paid time off used) during the pay period. d. Payday shall be on the Friday following the payroll cut-off date. If payday falls on a holiday, employees shall be paid on the business day before the holiday.
e. Employees shall be subject to mandatory participation in the direct deposit of their City payroll checks to a bank account of their choice.
f. The Association agrees to meet in good faith and cooperate with the City during the implementation of the new timekeeping system.

SECTION 5.15 TAKE HOME VEHICLE PROGAM
a. Recognized Police Officers, Senior Police Officers, Police Sergeants, and Animal Control employees are eligible to participate in the take home vehicle program that includes the following terms:

1. Employees must reside within a 21-mile radius from the Shafter Police Department.

2. Employees must have twelve (12) months of continuous service with the City and have completed probation.

Absences in excess of fourteen (14) consecutive calendar days, for any reason, will extend this period on a dayby-day basis for each calendar day beyond the initial 14 days of absence.

3. Employees must not have any “at fault” accidents in the prior twelve (12) months of continuous service with the City and have completed probation. Absences in excess of fourteen (14) consecutive calendar days, for any reason, will extend this period on a day-by-day basis for each calendar day beyond the initial 14 days of absence.

4. The City Manager or Department Head may suspend or revoke any employees take home vehicle privilege as part of disciplinary action for that employee or in circumstances specific to that employee that, in the City’s determination, present a significant additional risk to the City’s property or liability exposure, In the case of suspension of this privilege due to disciplinary action, this privilege will be restored after twelve (12) months of continuous service free from additional disciplinary action. Absences in excess of fourteen (14) consecutive calendar days, for any reason, will extend this period on a day-by-day basis for each calendar day beyond the initial 14 days of absence. In the case of suspension of this privilege due to other circumstances, this privilege will be restored upon the City’s determination that those circumstances are no longer present or have been

SPOA MOU 2024-2024 15
satisfactorily mitigated.

SECTION 5.16 SHIFT DIFFERENTIAL
Sworn and Dispatch recognized employees shall receive shift differential pay at one dollar ($1.00) an hour for any hours worked during the following shifts:
• Sworn: 7 p.m. to 7 a.m.
• Dispatch: 6 p.m. to 6 a.m.

SECTION 5.17 LONGEVITY PAY
All recognized employees shall receive longevity pay (10% over 20 years) as set forth below based on their years of continuous full-time service with the City of Shafter as follows:
• 3 years of service: 2.5% of base pay
• 7 years of service: 2.5% of base pay
• 12 years of service: 2% of base pay
• 16 years of service: 2% of base pay
• 20 years of service: 1% of base pay

ARTICLE VI - HEALTH AND WELFARE
SECTION 6.1 MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE a. The City agrees to pay one hundred percent (100%) of the medical, dental, and vision premiums on the base plans for employees and eligible dependents from January 1, 2024 through December 31, 2024. Employees electing to buy-up to the PPO plans shall pay a monthly contribution to the buy-up plans. b. The City shall provide employees a life insurance plan equal to the employee's annual base salary plus $17,000. c. Subject to IRS Code 125 and insurance plan eligibility, the City shall pay $353.00 monthly to employees who decline participation in the City’s medical insurance plan. Proof of other insurance coverage is required. Retired employees are excluded.

SECTION 6.2 UNIFORM/SAFETY EQUIPMENT ALLOWANCE
a. Employees who are required to furnish and maintain City uniforms shall be compensated annually as follows:

1. Animal Control Manager, and Animal Control Officer - $850.

2. Police Dispatchers, and Records/Dispatch Supervisor - $475.

3. Police Officers, Senior Police Officers and Police Sergeants - $900. b. Sworn officers shall be paid two hundred dollars ($200) annually for standard uniform equipment. c. The City shall provide level IIIa or above, bullet proof vests to employees requiring such protection. The City shall also provide personal protective equipment in compliance with the Occupational Safety and Health Administration (OSHA) requirements.
d. Employees shall seek restitution through the courts, with all practical diligence, to replace uniforms and standard uniform equipment damaged while on duty. If restitution is denied by the courts, the employee may submit a Damaged Equipment Claim Form to the Department Head or designee, for review and consideration of replacement by the City. Upon approval, the Department Head or designee shall determine the appropriate rate of reimbursement to replace the damaged uniform or standard uniform equipment.
e. Upon Assignment and at the approval of the Chief of Police, the following shall apply to sworn officers under PC 830.1,

SPOA MOU 2024-2024 16
effective January 1, 2017:

1. One-time reimbursement up to $750 for Honor Guard uniform.

2. Annual reimbursement up to $150 for the replacement of worn Honor Guard uniform components.

3. Annual reimbursement up to $150 per collateral assignment, for collateral assignment uniform. f. Uniform and safety equipment allowance shall be paid in an annual lump sum on or near July 1 of each year. When employees leave city service, the annual uniform and safety equipment allowance is prorated, and any unearned portion shall be deducted from the final paycheck.

SECTION 6.3 PROBATION
The probationary period for new employees and promotions is twelve (12) months. However, based upon an unsatisfactory evaluation in an area that may be improved to satisfactory performance, probation may be extended a maximum of six (6) months. Employees who have their probation extended shall not have a salary step increase until successful completion of the probationary period. There is no appeal process to termination by probationary employees.

ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on January 1, 2024 and expire on December 31, 2024.

SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted on September 18, 2023, pursuant to the recommendation of the following representatives:

SPOA CITY
_____________________________________________ _____________________________________________ SPOA President Date Gabriel A. Gonzalez, City Manager Date _____________________________________________ _____________________________________________ SPOA Vice President Date Chad Givens, Mayor Date
_____________________________________________
SPOA Board Member Date
_____________________________________________
SPOA Board Member Date

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 19, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: RATIFICATION OF THE RESTATED MEMORANDUM OF
UNDERSTANDING WITH THE SERVICE EMPLOYEES’
INTERNATIONAL UNION LOCAL 521 (SEIU L521)

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and ratify the Restated Memorandum of Understanding (MOU) between the City of Shafter (City) and both the Service Employees International Union (SEIU) L521 for the period from January 1, 2024, to December 31, 2025.

BACKGROUND
On August 22, 2023, the SEIU L521 membership ratified the tentative agreement for a two-year term of the MOU from January 1, 2024, to December 31, 2025, which the Shafter City Council then ratified on September 18th, 2023.

ANALYSIS
In order to more accurately carry out the initial intent of the language ratified by City Council and approved by SEIU L521, with respect to compensation and benefits provided to employees in the MOU, nonsubstantive technical amendments are necessary for the purposes of clarification.

The amendments to the restated MOU are as follows:
• Clarifies intent of specific compensation and benefits provided effective January 1, 2024.

FISCAL IMPACT
None.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is approving a resolution regarding wages and benefits for nonrepresented employees and therefore, it is governmental fiscal activity that does not

RATIFICATION OF THE RESTATED MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES’ INTERNATIONAL UNION LOCAL 521 (SEIU L521)
- 2 -
involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
There are no alternatives to the recommended action because the amendments are consistent with the City Council’s direction and terms agreed to after meeting and conferring in good faith with SEIU L521, which would otherwise cause violations of the law.

NEXT STEPS
Upon ratification of the restated MOU with SEIU L521, the following will occur:

1. Staff shall comply with the updated terms of the Restated SEIU L521 MOU effective January 1, 2024, through December 31, 2025.

ATTACHMENTS

1. SEIU L521 MOU 2024.2025 RESTATED

Doc ID
Include Draft Include Date Include Time

RESTATED

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

SHAFTER PUBLIC WORKS UNIT
OF THE

SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 521
AND

CITY OF SHAFTER
JANUARY 1, 2024 TO DECEMBER 31, 2025

Doc ID
Include Draft Include Date Include Time
ARTICLE I - GENERAL PROVISIONS..................................................................................................2 SECTION 1.1 PREAMBLE...................................................................................................................2 SECTION 1.2 RECOGNITION............................................................................................................2 SECTION 1.3 NEW EMPLOYEE ORIENTATION..........................................................................2 SECTION 1.4 SEVERANCE.................................................................................................................3 SECTION 1.5 SOLE AGREEMENT ...................................................................................................3 SECTION 1.6 FULL FORCE AND EFFECT.....................................................................................3 ARTICLE II - RESPECTIVE RIGHTS....................................................................................................3 SECTION 2.1 ASSOCIATION RIGHTS.............................................................................................3 SECTION 2.2 CITY RIGHTS...............................................................................................................4 ARTICLE III - GRIEVANCE PROCEDURE .........................................................................................4 SECTION 3.1 GRIEVANCE PROCEDURE ......................................................................................4 ARTICLE IV - HOURS OF WORK AND OVERTIME.........................................................................5 SECTION 4.1 HOURS OF WORK ......................................................................................................5 SECTION 4.2 OVERTIME...................................................................................................................6 SECTION 4.3 CALLBACK PAY .........................................................................................................6 SECTION 4.4 STANDBY PAY.............................................................................................................6 ARTICLE V - PAY PROVISIONS............................................................................................................6 SECTION 5.1 SALARY.........................................................................................................................6 SECTION 5.2 EDUCATION INCENTIVE PAY................................................................................7 SECTION 5.3 BILINGUAL SPANISH INCENTIVE PAY ...............................................................7 SECTION 5.4 RETIREMENT..............................................................................................................7 SECTION 5.5 SICK LEAVE.................................................................................................................7 SECTION 5.6 VACATION LEAVE.....................................................................................................8 SECTION 5.7 HOLIDAYS....................................................................................................................9 SECTION 5.8 BEREAVEMENT LEAVE...........................................................................................9 SECTION 5.9 MILITARY LEAVE....................................................................................................10 SECTION 5.10 OUT OF CLASS PAY...............................................................................................10 SECTION 5.11 ON CALL CELL PAY..............................................................................................10 SECTION 5.12 CERTIFICATION INCENTIVE PAY....................................................................10 SECTION 5.13 PAY SCHEDULE......................................................................................................11 SECTION 5.14 LONGEVITY PAY....................................................................................................11 ARTICLE VI - HEALTH AND WELFARE ..........................................................................................11 SECTION 6.1 MEDICAL AND DENTAL INSURANCE COVERAGE....................................... 11 SECTION 6.2 UNIFORM ALLOWANCE........................................................................................12 SECTION 6.3 PROBATION...............................................................................................................12 SECTION 6.4 USE OF CITY FACILITIES......................................................................................12 ARTICLE VII - CLOSING PROVISIONS.............................................................................................12 SECTION 7.1 TERM ...........................................................................................................................12 SECTION 7.2 SIGNATURES ........................................................................................................12/13

SEIU-PUBLIC WORKS MOU 2024-2025 Page 2

ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Shafter, hereinafter referred to as the “City” and the Shafter Public Works Unit of the Service Employees International Union (SEIU), Local 521, hereinafter referred to as the “Association” pursuant to California Government Code Section 3500, et seq. and the City's Employer - Employee Relations Policy. The purpose of this MOU is the establishment of wages, hours and other terms and conditions of employment.

The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender.

SECTION 1.2 RECOGNITION
a. The City recognizes the Association as the recognized and exclusive representative for the following:

Equipment Operator Service Crew Member II Utility Operator I Mechanic Service Crew Member I Utility Technician
Senior Service Crew Member Utility Operator II
b. This recognition is exclusive of management employees, temporary employees, part-time employees, independent contractors and individuals placed by employment agencies. c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and as provided under the City's Employer-Employee Relations Policy.

SECTION 1.3 NEW EMPLOYEE ORIENTATION
The City will notify Union’s designated representative in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable.

Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Union’s designated representative with electronic notification of the new employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

The new hire will receive a copy of the MOU with his/her new employee orientation packet. Union shall be permitted one (1) hour of each orientation session to talk to new bargaining unit members to explain the rights and benefits under the MOU. It is understood that if the Union steward/officer wishes to make a presentation at New Employee Orientation on behalf of the Union, the steward/officer shall be granted release time with reasonable travel time for the presentation if it falls within his/her normal workday. The City shall not discourage an employee’s participation in the Union’s presentation. Taking into consideration Government Code Section 6254.3, the City will provide the Union’s designated representative a quarterly list of all employees in the represented bargaining unit, including the employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

Union shall defend, indemnify, and hold City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with this employee access provision with the exception of liability caused by City’s own negligence.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 3
SECTION 1.4 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful or unenforceable, the City and Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU.

SECTION 1.5 SOLE AGREEMENT
a. The City and Association agree that to the extent that any provision addressing wages, hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If during the term of the MOU, the parties should mutually agree to modify, amend, or alter the provisions of this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and Association. Any such changes validly made shall become part of this MOU and subject to its terms.

SECTION 1.6 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.

ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of bulletin board space at City facilities. c. The right to payroll deductions made for payments of organization dues and for City approved programs. d. The use of City facilities for regular, normal and lawful Association activities, providing that approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 4
SECTION 2.2 CITY RIGHTS
a. The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments set standards and levels of service, determine employment standards, direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or funds or for other legitimate reasons, maintain the efficiency of governmental operations, maintain fiscal integrity, determine the methods, means and personnel by which government operations are to be conducted, establish a classification plan, take all necessary actions to carry out its mission in emergencies, and exercise complete control and discretion over its organization and the technology of performing its work. b. In addition, the City retains the exclusive right, subject to the provisions of this MOU, the Personnel Rules, and the Meyers-Milias-Brown Act, to take other actions, make decisions, or set procedures or policies it deems appropriate.

ARTICLE III - GRIEVANCE PROCEDURE
SECTION 3.1 GRIEVANCE PROCEDURE
a. Purpose

1. To afford employees a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

2. To provide that grievances shall be settled as near as possible to the point or origin and as promptly as possible.

3. To provide that grievances shall be conducted as informally as possible. b. Definitions

1. A grievance is a formal allegation of violation, misapplication, or misinterpretation of a specific provision of this MOU which adversely affects the grievant.

2. A complaint is any decision affecting an employee's employment over which his/her appointing power had partial or complete jurisdiction. Complaints shall be processed through the grievance procedure except; however, the decision of the City Manager is final and no appeal to the City Council is available.

3. A grievant is an employee in the unit who is filing a grievance as defined above. Alleged violations, misapplication or misinterpretations which affect more than one employee in a substantially similar manner may be consolidated at the discretion of management as a group grievance and thereafter represented by a single grievant.

4. A day shall mean a day in which the City's main administrative office is open for business. c. Process

1. Informal Resolution: within five (5) days from the event giving rise to a grievance or from the date the employee could reasonably have been expected to have knowledge of such an event, the grievant shall orally discuss his/her grievance with his/her immediate supervisor. A supervisor shall have three (3) days to give an answer to the employee.

2. Formal Levels:

SEIU-PUBLIC WORKS MOU 2024-2025 Page 5
a. Level 1: if a grievant is not satisfied with the resolution proposed at the informal level, he/she may within ten (10) days of the receipt of such answer, file a formal written grievance with his/her Department Head on a form containing a statement describing the grievance, the section of this MOU allegedly violated and the remedy requested. The Department Head or his/her designee shall, within five (5) days have a meeting with the grievant and within five (5) days thereafter give a written answer to the grievant on the form provided.
b. Level 2: if the grievant is not satisfied with the written answer from the Department Head, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the City Manager.

Within ten (10) days of the receipt of the written appeal to the City Manager or his/her designee, shall investigate the grievance which shall include a meeting with the concerned parties and thereafter give written answer within five (5) days after the hearing. On complaints, the decision of the City Manager is final.
c. Level 3: if the grievant is not satisfied with the written answer from the City Manager, the grievant may, within five (5) days from the receipt of such an answer, file a written appeal to the City Council. Within fifteen (15) days of receipt of the written appeal, by the City Clerk, the City Council shall investigate the grievance which may include a meeting with the concerned parties and thereafter give written answer. d. General Provisions:

1. If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.

2. If a Supervisor, Department Head, or City Manager fails to respond with an answer within the given time period, the grievant may appeal his/her grievance to the next higher level.

3. The grievant may be represented by himself, a SEIU Staff Representative or Shop Steward at any formal level of this procedure.

4. Time limits and formal levels may be waived by mutual written consent of the parties.

5. Proof of service shall be accomplished by registered mail or certified mail.

ARTICLE IV - HOURS OF WORK AND OVERTIME
SECTION 4.1 HOURS OF WORK
a. Work Period
The normal work period shall be seven (7) days with a maximum non-overtime of forty hours (40). The work period shall commence at 0000-hour Saturday and end at 2400 hours Friday. Shift periods shall be assigned in nine (9) hour increments, with a one-hour (1) non-paid meal period in between. b. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are paid time, therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received. c. Summer Work Schedule

SEIU-PUBLIC WORKS MOU 2024-2025 Page 6
Employees shall be on a summer work schedule from 6 a.m. to 3 p.m. beginning Memorial Day and ending on Labor Day of each year.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 7
SECTION 4.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay. All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked, the employee shall be compensated for one quarter (1/4) hour of overtime. b. Hours Paid
Overtime shall be paid after forty (40) hours worked in a work period. Vacation leave, sick leave, and compensatory time off constitutes hours worked.
c. Compensatory Time Off (CTO)
Notwithstanding the provisions of this section, employees may be granted CTO for overtime credit computed at time and one-half at the discretion of the Department Head and with due regard for the wishes of the employee.

Employees may accrue a maximum of one-hundred twenty (120) hours in their CTO account. Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels.

SECTION 4.3 CALLBACK PAY
Employees called to duty at a time they are not working shall be compensated at the rate of time and one-half the employee's regular rate of pay with a minimum compensation of two (2) hours.

SECTION 4.4 STANDBY PAY REGULAR DAYS OFF
Employees directed to remain on call at his/her home on his/her normal day off, shall be compensated at the rate of two hours pay per standby of such service at home. All standby assignments shall be authorized in advance, by the City Manager. Employees shall be paid the standby pay or the employee’s regular hourly rate for time actually worked to the nearest half hour, whichever is greater.

ARTICLE V - PAY PROVISIONS
SECTION 5.1 SALARY
a. Effective January 1, 2024, all recognized employees shall receive a seven- and three-quarter percent (7.75%) salary adjustment, thereby eliminating the New Member Premium Pay and CalPERS Employer Paid Member Contributions (EPMC). The City and Association agree that the actual percentage may vary slightly due to rounding.
b. Effective January 1, 2024, all recognized employees shall receive a five percent (5%) cost of living adjustment (COLA). The City and Association agree that the actual percentage may vary slightly due to rounding. c. Effective January 1, 2025, all recognized employees shall receive a five percent (5%) cost of living adjustment (COLA). The City and Association agree that the actual percentage may vary slightly due to rounding. d. Salary step increases to Steps B, C, D, and E shall be considered merit increases. Employees shall be eligible for advancement to the next step upon completion of twelve (12) months of satisfactory job performance and normally increasing job productivity at the present step, and upon recommendation of the Department Head and approval of the City Manager. Advancement to Steps B or C shall be automatic after employees have completed twelve months of employment at the preceding Step when a performance appraisal report is not completed, and a recommendation is not made.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 8
SECTION 5.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to three-thousand dollars ($3000) in a calendar year for expenses incurred for taking college courses and other certification courses under the following conditions:
a. Prior Department Head and City Manager approval is obtained. b. The course furthers a job related major as approved by the City Manager or his/her designee. c. College courses require a minimum three (3) units completed with a grade of "C" or better.

SECTION 5.3 BILINGUAL SPANISH INCENTIVE PAY
Employees designated by the Department Head or his/her designee to utilize Spanish bilingual skills and who pass the City’s bilingual exam shall receive incentive pay at one hundred twenty ($120.00) dollars per month, in addition to base salary.

SECTION 5.4 RETIREMENT
a. The City will contract with the California Public Employees Retirement System and recognized employees are responsible for paying the employee’s 7%- member contribution for employees hired on or before December 31, 2012. The plan benefits consist of 2%@55 Full Formula for Local Miscellaneous Members; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the Basic Death Benefit (GC 21536), and One-Year Final Compensation (GC 20042).
b. Employees hired on or after January 1, 2013, and identified as a “New Member” as defined in GC Sections 7522.04(e,f) shall be subject to California Public Employees Retirement 2%@62 Miscellaneous formula (GC Section 7522.20(a)); three year final compensation (GC 7522.32(a)). Members shall contribute 50% of the annual normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to increase, decrease, or stay the same in any given year. c. Employees hired on or after January 1, 2013, who are not identified as a “New Member” of the California Public.

Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the Local Miscellaneous 2%@55 full-formula available on December 31, 2012.The recognized employees are responsible for paying the employee 7% member contribution.

SECTION 5.5 SICK LEAVE
a. Sick leave accrues at a rate of 3.6923 hours bi-weekly. There is no limit to the accumulation; however, the maximum shall revert back to one hundred twenty (120) days in the event of legislation requiring cities to provide conversion rights.
b. Employees with at least 480 hours of accrued sick leave shall be eligible for the Stay Well Bonus. For purposes of sick leave accounting, the annual period shall be December 1 through November 30. All unused sick leave above 480 hours will be used for calculating the employee's stay well bonus paid on or around December 15.

Net sick leave earned and not used during the annual period will be divided in half. One-half will be paid to the employee at the employee's current base hourly rate and the remaining one-half shall remain as regular sick leave. Except in the case of retirement, employees leaving City service who have at least 480 hours of accrued sick leave shall be paid a stay well bonus at the same time as their final payroll check, using the formula described above and based upon their accrued and used sick leave from the end of the last annual period through their date of separation.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 9
c. Upon service retirement, disability retirement, or death of active employees, such employees will be paid for all sick leave accrued in excess of 640 hours at the rate for which it was earned. d. Employees may use sick leave as defined in the City of Shafter Administrative Policy Sick Leave. e. Employees employed as of July 1 who do not use any sick leave during the period July 1 through June 30, shall be credited on July 1 of the following fiscal year, with one eight (8) hour floating holiday. Sick leave paid according to Section 5.5 b shall not be considered as sick leave used for the purposes of determining eligibility for Section 5.5.e. The floating holiday cannot be carried over to the next fiscal year. Use of a floating holiday must have prior department approval and shall be consistent with the efficient operation of the department.

SECTION 5.6 VACATION LEAVE
a. Employees having less than one (1) year continuous employment shall not be entitled to vacation with pay without Department Head and City Manager approval.
b. Vacation days are based on an 8-hour day and shall be credited on a pro-rated basis as follows:

1. Ten days (80 hours) of vacation after one (1) year of service. Accrual begins on date of hire.

2. Fifteen days (120 hours) of vacation after five (5) years of service. New accrual rate begins at the completion of the 5th year of service.

3. Seventeen days (136 hours) of vacation after ten (10) years of service. New accrual rate begins at the completion of the 10th year of service.

4. Twenty days (160 hours) of vacation after fifteen (15) years of service. New accrual rate begins at the completion of the 15th year of service.

5. Twenty-five days (200 hours) of vacation after twenty (20) years of service. New accrual rate begins at the completion of the 20th year of service.
c. Employees hired prior to July 1, 2000, may accrue no more than three times the annual accrual at their current accrual rate. Employees hired on or after July 1, 2000, may accrue no more than two times their annual accrual at their current accrual rate. Employees reaching their maximum accrual limit will stop accruing until the balance is below the maximum accrual limit. The table below is provided as an example of accrual rates and maximum accrual limits and may not be all inclusive. Additional accrual rates will be subject to the two- and three-year maximum accrual limits based on date of hire indicated above, unless otherwise noted.

Date of Hire Prior to July 1, 2000 Date of Hire on or after July 1, 2000 Bi-weekly Accrual Rate Maximum Accrual Bi-weekly Accrual Rate Maximum Accrual

3.077 240 Hours 3.077 160

4.615 360 Hours 4.615 240

5.231 408 Hours 5.231 272

6.154 480 Hours 6.154 320

7.692 600 Hours 7.692 400
d. The time during a year at which employees may take vacation shall be determined by the Department Head with regard for the wishes of the employee and particular regard for the needs of the City. e. Employees who terminate employment shall be paid in a lump sum for all accrued vacation earned up to the effective date of termination.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 10
f. In the event one or more holidays fall within a vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. g. Employees who have accrued at least one hundred and twenty (120) hours of vacation time shall be allowed to cash-out up to a maximum of forty (40) hours of vacation time annually.

Employees who have accrued at least two hundred and forty (240) hours of vacation time shall be allowed to cash-out up to a maximum of eighty (80) hours of vacation time annually.

Vacation cash-out will be paid twice a year; on or before May 31st and November 30th. Request must be received by Human Resources no later than the first payday in May and/or November. Accrual balance on the first payday in May and/or November will be used to determine eligibility. Under no circumstances will the total number of hours eligible for cash-out exceed eighty (80) hours annually.

Employees may elect to be paid by separate check and/or contribute to the ICMA 457 Deferred Compensation Plan for all vacation cash-out hours eligible to be paid out.

SECTION 5.7 HOLIDAYS
a. The following are city paid eight (8) hour holidays:

No. Holiday Date Hours
1 New Year’s Day January 1 8
2 Washington’s Birthday 3
rd Monday in February 8
3 Memorial Day Last Monday in May 8
4 Independence Day July 4 8
5 Labor Day 1
st Monday in September 8
6 Thanksgiving Day 4
th Thursday in November 8
7 Day after Thanksgiving 4
th Friday in November 8
8 Christmas Eve December 24 8
9 Christmas Day December 25 8
10 New Year’s Eve December 31 8
11 Martin Luther King Jr Floating Holiday 8
12 Veterans Day Floating Holiday 8
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive two (2) floating holidays. Employees hired after November 11 Shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. c. In addition, any day proclaimed by the Shafter City Council as a holiday. d. Employees shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed.
e. Employees assigned to work on holidays shall be compensated in the pay period for which holidays are worked.

Holiday compensation shall be at time and one half for all hours worked during the holiday, in addition to the eight (8) hours straight time of holiday pay.

SECTION 5.8 BEREAVEMENT LEAVE

SEIU-PUBLIC WORKS MOU 2024-2025 Page 11
a. As required by law, employees shall be granted up to five (5) days of job protected leave for bereavement in the case of the death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, son-in-law, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister and registered domestic partner. The days do not need to be consecutive but must be completed within three (3) months of the date of death. Up to three (3) working days of bereavement leave shall be with pay. Employees may use their accrual leave balances, such as sick, vacation, or CTO to cover the leave for the additional two (2) days, if needed. If the employee does not have the accrual hours to utilize, the employee must request a Leave of Absence Without Pay in accordance with Personnel System Rule 15.5. b. Employees may be granted five (5) paid days of bereavement leave as approved by the City Manager in case of the death of the employee’s spouse or child when the funeral takes place out of State or over two hundred (200) miles from Shafter.
c. Employees shall provide documentation of the death within thirty (30) days of the first day of leave. Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

SECTION 5.9 MILITARY LEAVE
Military leave shall be granted according with the provisions of State law. Employees shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.

SECTION 5.10 OUT OF CLASS PAY
Employees assigned by the Department Head to a higher paying position for a period of more than ten (10) consecutive normal workdays shall be paid at the higher paid position rate for all days worked in that position.

Employees assigned to higher paying positions on an ongoing but intermittent (non-consecutive) basis as determined by the Department Head and approved by the City Manager, may be eligible to be paid at the higher position rate for full days worked in the higher class.

The rate shall provide at least a 5% increase except in no case shall the employee receive higher than the E step of the higher paid position.

SECTION 5.11 ON CALL CELL PHONE PAY
Employees required by the Department Head to be on call and required to carry a cell phone, shall be compensated at $35.00 per day.

SECTION 5.12 CERTIFICATION INCENTIVE PAY
The City shall provide an incentive to obtain a level of specialized certification beyond what is required by the job, provided the certification is in a job-related subject. Interim certification is excluded.

Specific Certifications eligible for Incentive Pay must be approved by the Department Head and City Manager prior to inclusion in the Incentive Pay Program. Eligible specific Certifications must be directly related to an employee’s job duties but NOT a qualifying requirement of the position. New Certifications or levels of Certifications must be approved by the Department Head and City Manager and will not become eligible for Incentive Pay until added to the MOU. Incentives are cumulative; however, no combination of Incentive Pay certifications shall result in a total Incentive greater than 5% of Base Pay.

Currently approved certifications and Incentive Pay levels are as follows:

SEIU-PUBLIC WORKS MOU 2024-2025 Page 12
Water Distribution/Treatment Certifications: D1/T1 No Incentive D2/T2 2.5%
D3/T3 1.5 %
D4 1.0%
Arborist Certifications: ISA Arborist 2.5%
add Tree Risk Assess. 0.5%
add Arborist Muni Spec. 0.5%
ASE Certification ASE G1 and A1-A8 Master No Incentive
add ASE Medium/Heavy Truck 1.0%
add ASE Transit Bus Master 1.0%
SECTION 5.13 PAY SCHEDULE
a. Employee pay shall operate on a bi-weekly pay schedule, including 80-hour work periods with 26 work periods per year.
b. The payroll cut-off for both, overtime and regular time, shall be one week prior to payday. c. Employee shall be paid for actual hours worked (or paid time off used) during the pay period. d. Payday shall be on the Friday following the payroll cut-off date. If payday falls on a holiday, employees shall be paid on the business day before the holiday.
e. Employees shall be subject to mandatory participation in the direct deposit of their City payroll checks to a bank account of their choice.
f. The Association agrees to meet in good faith and cooperate with the City during the implementation of the new timekeeping system.

SECTION 5.14 LONGEVITY PAY
All recognized employees shall receive longevity pay (10% over 20 years) as set forth below based on their years of continuous full-time service with the City of Shafter as follows:
• 5 years of service: 2.5% of base pay
• 10 years of service: 2.5% of base pay
• 15 years of service: 2.5% of base pay
• 20 years of service: 2.5% of base pay

ARTICLE VI - HEALTH AND WELFARE
SECTION 6.1 MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE a. The City agrees to pay one hundred percent (100%) of the medical, dental, and vision premiums on the base plans for employees and eligible dependents from January 1, 2024 through December 31, 2025. Employees electing to buy-up to the PPO plans shall pay a monthly contribution to the buy-up plans. b. The City shall provide employees a life insurance plan equal to the employee's annual base salary plus $17,000.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 13
c. Subject to IRS Code 125 and insurance plan eligibility, the City shall pay $353 monthly to employees who decline participation in the City’s medical insurance plan. Proof of other insurance coverage is required. Retired employees are excluded.
d. The City will pay one hundred percent (100%) of the City’s group medical, dental and vision premiums for eligible retired employees plus one eligible dependent for a period of up to twelve (12) months immediately following the effective date of retirement. For the purposes of this subsection, eligible employees are those employees who retire from active status on a normal service retirement or disability (excluding deferred retirement) with at least 10 years of continuous full-time city service. For the purposes of this subsection, continuous full-time city service shall mean uninterrupted employment as a full-time employee. Authorized leaves of absences shall not be considered as a break in service. This benefit shall apply only to retired employees who continue coverage with the City’s group medical, dental and vision insurance pursuant to COBRA. This benefit shall not apply to employees who are terminated.

SECTION 6.2 UNIFORM ALLOWANCE
a. The City shall provide all employees with a minimum of five (5) uniforms. The City reserves the right to determine the uniform style and color. Unless otherwise mutually agreed, this uniform shall consist of work pants, work shirt, name patches, and city patches.

Job related, specific to duties performed safety equipment, jackets and/or boots will be provided once per fiscal year as determined by the department head or designee. Issuance of safety boots and jackets will be issued in the months of July each fiscal year.
b. Employees who are provided uniforms, are required to wear these uniforms and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City. c. Upon request, the City may grant an exemption from wearing the uniform set forth above. The City shall not be held liable for the cost of the repair or replacement of personal clothing damaged on duty. An employee exempted from the uniform as set forth in Section 6.2(a) shall be compensated an annual uniform allowance of $350 to be paid in advance at the beginning of each fiscal year. Upon separation from employment, a prorated amount of the annual uniform allowance that was not earned will be deducted from the employee’s final paycheck.
d. All items as provided in Section 6.2(a) remain City property and are only to be used in accordance with city policy. Upon separation, all items must be returned by the employee. A prorated amount of any uniforms not returned will be deducted from the employee’s final paycheck. e. The City will provide a voucher to a designated vendor or reimburse field employees for expenses related to the purchase of a work-related jacket and/or boots, insoles/boot supports/inserts in the amount not to exceed $300 per fiscal year. This benefit is pro-rated monthly for new employees. Employees who terminate employment are not eligible for payment of any unused portion of benefit.

SECTION 6.3 PROBATION
The probationary period for new employees and promotions shall be six (6) months. The City Manager shall have the authority to extend an employee’s probationary period for a maximum of six additional months. There shall be no appeal procedure for probationary employees.

SECTION 6.4 USE OF CITY FACILITIES
City employees will not be permitted to use the City corporation yard and equipment for personal auto or home repair.

SEIU-PUBLIC WORKS MOU 2024-2025 Page 14

SEIU-PUBLIC WORKS MOU 2024-2025 Page 15

ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on January 1, 2024 and expire on December 31, 2025.

SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted on September 18, 2023, pursuant to the recommendation of the following representatives:

SPWU SEIU Local 521: City of Shafter:
___________________________________________
____________________________________________
SPWU SEIU Local 521 President Date Gabriel A. Gonzalez, City Manager Date ___________________________________________
___________________________________________
SPWU SEIU Local 521 Vice President Date Chad Givens, Mayor Date ___________________________________________
Delia Serrano, Internal Organizer Date

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 19, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Marcos Torres, Deputy Public Works Director SUBJECT: APPROVAL OF WATER METER AND METER BOX PURCHASE FOR METER RETROFITS (CIP PROJECT NO. #WA00007) FOR A
TOTAL COST OF $152,160

RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines; accept a cost proposal for purchasing 418 residential water assemblies from Badger Meter totaling $138,513.36 (Quotation No. 3559189); accept two (2) proposals for meter boxes and lids; approve one (1) proposal submitted by Core and Main for said meter boxes and lids valued at $13,647.56 (Bid #3203510); and authorize the Public Works Director to issue purchase orders for said meter assemblies and boxes for a total cost of $152,160.92

BACKGROUND
The City's water enterprise's financial plan prioritizes funding meter installations on all service connections by 2025 to comply with a State mandate for having a fully metered system. The plan also prioritizes retrofits and upgrades for meters, particularly ones in service for more than ten years, to ensure the meter reads are efficient and accurate. Staff has identified an area to be the next phase of the meter replacement program, which consists of approximately 420 service connections in the west area of the Core City. Vendors recently submitted cost proposals to supply the necessary equipment for these replacements.

ANALYSIS
The following is a summary of quotes received for meter boxes and lids:

VENDOR TOTAL
Core & Main $13,647.56
Ferguson Waterworks $21,083.42
Core & Main submitted the lowest confirmed quote and is already an approved City vendor.

Badger Meter submitted a proposal of $138,513.36 for purchasing the water meter

APPROVAL OF WATER METER AND METER BOX PURCHASE FOR METER RETROFITS (CIP PROJECT NO. #WA00007) FOR A TOTAL COST OF $152,160
- 2 -
assemblies. They are the sole manufacturer and distributor of their product line in California. Accordingly, their proposal qualifies for a sole source purchase.

FISCAL IMPACT
The City's Capital Improvement Program Project #WA00007 is programmed for water meter installations. Currently, it has an unspent balance of $253,196, which exceeds the costs required for the meters and meter boxes. Therefore, no budget action is required.

CEQA ANALYSIS
The action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines because the action is a purchase to support, but not to expand or alter, the existing water utility operation and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
The requested purchase can be rejected to preserve water enterprise funds for other projects or programs. However, meters older than ten years are at risk of underreporting usage, which impacts revenues needed to fund the enterprise. The proposed replacements will also be equipped with more modern radio data transmitters that will make remote reads even more efficient. Alternative action is not recommended.

NEXT STEPS
Upon approval by the Council, staff will place an order for water meters and boxes.

ATTACHMENTS

1. Badger Meter Proposal

2. Core and Main Proposal

3. Ferguson Waterworks Proposal

Badger Meter Inc.
4545 W Brown Deer Road Milwaukee WI 53223
PO Box 245036 Milwaukee WI 53224-9536
Created Date 11-06-2023
To Joe O'Brien

CITY OF SHAFTER
336 PACIFIC AVE

SHAFTER
California 93263
Customer ID 00023111
Effective Dates 08-14-2023 - 02-12-2024
Salesperson Proposal Subject Shipping Terms / INCO Terms Payment Terms 005307 KATHY RICHARDS  LF35 7.5", LF70/HRE-8/TWIST
5'/GAL/CELL-C (TAX &

FREIGHT)

PREPAY/NO CHARGE

FCA FACTORY
NET 30 DAYS
Line # Description Qty Unit Net Price
USD
Line Totals
USD
1 BMI Part No.: 101-6628
Cat String: DS-DBA-PB1P-XXD3-Y2-M1CA-2B2X1-8BE-NN-XX-TF-XXB0A Description:

Disc, M35 3/4"(7-1/2), Brz Btm 430SS-1, PL, (TS-135, SN Yr 9D & PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Street read, 8D-0.1 Gal, SN YR 9D in & out, TT-5', BMI STD, 6 PACK,
390  173.00  67,470.00
2 BMI Part No.: 103-6671
Cat String: E4-4E-AM-AG-TAAA-B0A
Description:

EP Only, For Enc, ORION CELL C, Thru Ld Instl Kit, TT-8in, Grnd/OceanPause, BMI STD, 24 PACK, 390  128.00  49,920.00
3 BMI Part No.: 101-7860
Cat String: DS-KCC-PB2P-XXD3-Y2-M1CA-2B2X1-8BE-NN-XX-TF-XXB0A Description:

Disc, 70 1"(10-3/4), Brz Btm 430SS-all, PL, (TS-135, SN Yr 9D & PBB, HRE, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Street read, 8D-0.1 Gal, SN YR 9D in & out, TT-5', BMI STD, 4 PACK,
28  292.00  8,176.00
4 BMI Part No.: 103-6671
Cat String: E4-4E-AM-AG-TAAA-B0A
Description:

EP Only, For Enc, ORION CELL C, Thru Ld Instl Kit, TT-8in, Grnd/OceanPause, BMI STD, 24 PACK, 28  128.00  3,584.00
Domestic Quotation
Quotation No. 3559189
Thank you for your business!
Estimated ship dates subject to change based upon component availability, as a result of global supply chain constraints, or credit review.

This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions.

Terms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions

Subtotal - USD  129,150.00
Estimated Freight Charges 0.00
Tax 9,363.36
Total Price - USD  138,513.36
Notes and Assumptions
If applicable, sales tax and freight, if included on the proposal, is an estimate and will be recalculated based on rates and tax status in effect at the time of invoicing.

Actual lead time to be provided at time of order.

To aid in processing your order, please include the Quote number on the PO that is submitted for this proposal.

Badger Meter provides certification files to help manage meter and endpoint inventory and to maintain meter accuracy data. The standard method of delivery for this format is via electronic mail. Any deviations from our standard format, or any custom file formats, will be considered on a time and material basis.

Due to continuous improvements and redesign of Badger Meter products and technology solutions, Badger Meter reserves the right to provide our newest product solutions as an alternative to the proposed products provided they are in conformance with the requirements of the specifications and do not exceed the prices quoted.

If you would like to place an order, please contact us at [email protected] or by calling 1-800-876-3837 Option 1.

Domestic Quotation
Quotation No. 3559189
Thank you for your business!
Estimated ship dates subject to change based upon component availability, as a result of global supply chain constraints, or credit review.

This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions.

Terms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions

Seq# Qty Description Units Price Ext Price
10 163 B12P SOLID CONC COVER W/PROBE EA 35.00 5,705.00
20 156 B16P REIN. CONC. LID W/HOLE FOR READING PROBE 1020610 EA 45.00 7,020.00 30 2 WEEK LEAD TIME ON LIDS
Sub Total 12,725.00
Tax 922.56
Total 13,647.56

UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LP

RESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS, TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS AND CONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: https://coreandmain.com/TandC/ 12/08/2023 - 11:54 AM Actual taxes may vary Page 2 of 2

CITY OF SHAFTER
Job Location: SHAFTER, CA
Bid Date: 12/07/2023 12:00 pm
Core & Main 3203510
Core & Main
4920 Lisa Marie Ct
Bakersfield, CA 93313
Phone: 6618341162
Fax: 6618341395
Bid Proposal for METER BOX LIDS

FERGUSON WW BAKERSFIELD #2777
2900 FAIRHAVEN DRIVE
BAKERSFIELD, CA 93308-6125
Phone: 661-396-3230
Fax: 661-397-7429
Deliver To:

From: Gardiner Spring
Comments:

HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=2777&on=424927 12:26:05 NOV 06 2023
FERGUSON WATERWORKS #1423
Price Quotation
Phone: 661-396-3230
Fax: 661-397-7429
Bid No: B501513
Bid Date: 11/01/23
Quoted By: DS
Cust Phone: 661-746-2065
Terms: NET 10TH PROX
Customer: CITY OF SHAFTER
336 PACIFIC AVE
SHAFTER, CA 93263-2047
Ship To: CITY OF SHAFTER
336 PACIFIC AVE
SHAFTER, CA 93263-2047
Cust PO#: Job Name:

Item Description Quantity Net Price UM Total
CB12GP CNCRT LID W/ PROBE H - WTR 163 45.686 EA 7446.82 CB16GP B16GP CNCRT LID W/ PROBE 156 77.114 EA 12029.78
FA23NL LF 5/8X3/4 X 3/4 MTR ADPT 100 18.570 EA 1857.00
Net Total: $21333.60
Tax: $1760.02
Freight: $0.00
Total: $23093.62
Item Code Description Notice
FA23NL LF 5/8X3/4 X 3/4 MTR ADPT ⚠WARNING: Cancer and Reproductive Harm WWW.p65warnings.ca.gov
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A

FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.

ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection.

WATER FLOW RATE NOTICE: Lavatory Faucets with flow rates over 0.5 GPM are not allowed for 'public use' in California.

Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise.

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 19, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Marco Martinez, City Attorney
SUBJECT: APPROVE THE THIRD AMENDMENT OF THE CITY MANAGER EMPLOYMENT AGREEMENT WITH GABRIEL A. GONZALEZ

RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; and approve the Third Amendment to the City Manager Employment Agreement.

BACKGROUND
The recent completion of labor negotiations with Shafter employee labor groups triggered several changes to employee benefits provisions. These also affect the City Manager's employment agreement. The changes to the City Manager Employment Agreement assure that it remains consistent with the City's benefits provisions and PERS regulations.

ANALYSIS
On February 18, 2020, the City Council appointed Gabriel A. Gonzalez as City Manager and approved an employment agreement setting forth the terms of that engagement.

That agreement has been amended twice since its adoption to authorize additional severance and bonus pay.

Recently, the City Council approved salary increases for all City employees and changes to benefit provisions. For general miscellaneous employees, the salary increase was 7.75% of salary. The City Manager, has requested that a similar increase be provided. If approved, this would increase the City Manager's annual salary from $215,000.00 per year to $231,662.50 per year.

In addition, like all full-time employees in the City, the City Manager is a member of the California Public Employee Retirment System. The City Manager is classified under PERS as a California Public Employees' Pension Reform Act (PEPRA) employee.

Pursuant to the changes made to PERS as part of PEPRA, Employer Paid Member Contributions (EPMC) are not permitted for PEPRA employees. The current City Manager employment agreement also needs to be clarified to maintain consistency with this requirement.

APPROVE THE THIRD AMENDMENT OF THE CITY MANAGER EMPLOYMENT AGREEMENT WITH GABRIEL A. GONZALEZ
- 2 -
Effective January 1, 2017, the California Government Code Section 54953(c)(3) requires the City Council to orally report in open session a summary of the salary, salary schedules, and compensation in the form of fringe benefits for local agency executives, before the City Council may take final action on such compensation. This report and the oral presentation that is provided, will satisfy those requirements.

FISCAL IMPACT
The fiscal impact of this item results in an annual increase of $16,662.50 per year.

CEQA ANALYSIS
The action is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a “Project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES

1. Do not approve the amendments to the City Manager Employment Agreement; and

2. Provide alternative direction.

NEXT STEPS
None.

ATTACHMENTS

1. Third Amendment to City Manager Employment Agreement (2023 Gonzalez)-c1

17236.00000\41879235.1
- 1 -

THIRD AMENDMENT TO

CITY MANAGER EMPLOYMENT AGREEMENT
This Third Amendment to the City Manager Employment Agreement (the “Second Amendment”) between the City of Shafter (the “City”), a California municipal corporation, and GABRIEL A. GONZALEZ, an individual (“GONZALEZ”), is entered into this ___, of December, 2023. The above parties may be individual referred to as “Party” and collectively referred to as the “Parties.”

RECITALS
A. The Parties entered into a City Manager Employment Agreement (“Agreement”) services on February 21, 2020; and
B. The Parties entered into a First Amendment to the Agreement in August of 2022 to amend the term of the Agreement and certain benefits terms; and C. The Parties entered into a Second Amendment to the Agreement in August of 2023 to provide for a performance bonus; and
D. The Parties now wish to further amend the terms of the Agreement to clarify certain salary and benefit provisions of the Agreement.

AGREEMENT
In consideration of the mutual obligations in this First Amendment and the Agreement, the Parties agree as follows:

SECTION 1. Section 3(A) of the Agreement is hereby amended to read as follows:
“A. City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of Two Hundred Thirty One Thousand Six Hundred Sixty Two dollars and Fifty Cents ($231,662.50) (hereinafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid. “
SECTION 2. Section 4(D) of the Agreement is hereby amended to read as follows:
“The City agrees to enroll the City Manager as a member of the California Public Employees Retirement System (CalPERS) in accordance with CalPERS regulations. The City Manager is identified as a "New Member" by CalPERS and participates in the CalPERS 2%@62 Miscellaneous formula, as currently contracted for by the City with CalPERS, and shall pay the contribution required pursuant to Government Code section 7522.30(c),”

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SECTION 3. Except as expressly modified by this First Amendment, all provisions of the Agreement remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment as of the date first herein written above.

CITY OF SHAFTER
By: _____________________________
CHAD GIVENS, Mayor

CITY MANAGER
By: _____________________________
GABRIEL A. GONZALEZ
City Manager
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
Approved as to form:
_____________________________
Marco A. Martinez, City Attorney