Agenda packet — City Council and Concurrent Authorities, July 26, 2022 (part 6 of 10)

EXHIBIT 2
EXHIBIT 2
Debris Removal and Pickup, Project No. OM-22-021 (Updated 12/31/20) and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.

CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the worksite and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to

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Debris Removal and Pickup, Project No. OM-22-021 (Updated 12/31/20) CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

7. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
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Debris Removal and Pickup, Project No. OM-22-021 (Updated 12/31/20) Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third-parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted, and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose.

All persons working for or under the direction of CONTRACTOR are its agents and employees and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the

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Debris Removal and Pickup, Project No. OM-22-021 (Updated 12/31/20) direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: Ready To Work To City: Public Works Director 119 E. Weber Ave. City of Stockton
Stockton, CA 95202 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal

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Debris Removal and Pickup, Project No. OM-22-021 (Updated 12/31/20) business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.

CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch, or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for inhouse legal services), costs and necessary disbursements incurred in such action or proceeding.
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EXHIBIT 2
EXHIBIT 2
Debris Removal and Pickup, Project No. OM-22-021 (Updated 12/31/20)

22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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EXHIBIT 2

REQUEST FOR PROPOSALS
FOR

DEBRIS REMOVAL & PICKUP
PROJECT NO. OM-22-021
Issued by:

City of Stockton
Public Works Department
22 E. Weber Avenue, Room 301
Stockton, CA 95202
Date Issued: -DQXDU\
Date Proposals Due: -DQXDU\DWSP

LATE SUBMITTALS WILL NOT BE ACCEPTED

EXHIBIT A

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1.0 INTRODUCTION
The City of Stockton (City) is requesting written proposals from qualified organization(s) (Contractor(s)) to provide services for removal and pickup of all debris, litter and illegally dumped items throughout the City of Stockton.

2.0 BACKGROUND
City of Stockton is located near the San Joaquin River in the northern San Joaquin Valley and serves an area of approximately 65.26 square miles with an estimated population of 312,697 as per the California Department of Finance (2019).

City of Stockton is working with private contractors to provide disposal services for all debris, litter and illegally dumped items throughout the City of Stockton and all City-owned facilities. In the past, City issued annual purchase orders to acquire these services.

Moving forward, City is transitioning to multiyear contracts. The selected contractor will enter into a Contractor Services Agreement with the City and perform work as described in the Scope of Services section.

3.0 PROJECT DESCRIPTION
The City of Stockton intends to sign a contract with Contractor(s) to continue providing services for the removal and pickup of all debris, litter & illegally dumped items throughout the City of Stockton and for all City-owned facilities.

The City intends to create a long-term relationship with a Contractor(s) who can provide the above mentioned removal & pickup services in a high quality and customer-focused manner to the City. The City may award a contract to one (1) Contractor or to multiple Contractors whose offer represents the “best value” to the City, price and other factors considered.

4.0 SCOPE OF WORK
The City of Stockton requires Contractor(s) to remove and pickup all debris, litter & illegally dumped items from locations specified by the Public Works Department throughout the City of Stockton, at all City owned facilities, and as directed by the City.

The designated area for debris removal is bounded by the City limits of the City and includes all public right-of-way’s (ROWs), easements, City parks, alleys, and City debris staging areas within the unincorporated areas of the City. All debris identified by the Public Works Director or their designee shall be removed.

EXHIBIT A

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4.1 Services to be Provided
x Contractor(s) shall provide all labor and equipment needed to complete the cleanup at no additional cost to the City. City will provide bags for the containment of litter as needed.
x Contractors(s) shall provide one (1) or more crews of three to four (3 to 4) workers and one (1) working supervisor and work independently from Monday to Friday without City oversite.
x The City will provide the Contractor(s) with a monthly debris removal schedule in advance and no less than 24-hours’ notice, prior to any debris removal activity. The assigned Contractor(s) will be responsible for removal and pickup of all debris, litter & illegally dumped items from these locations. x Contractor(s) agree to notify City before 6:00 AM on the days that Contractor(s) employees are unable to work due to equipment failures, illness or any other reason. Contractor(s) crew will clean to a level of cleanliness as determined by the City staff.
x Contractor(s) shall transport debris, litter and illegally dumped items to the disposal facility (facilities) designated by the City. City will be responsible for disposal costs.
x Contractor(s) shall transport all appliances, tires and electronics to the City Corp Yard and placed in the proper containers for disposal. x Contractor(s) shall document services rendered by maintaining a record/log of work completed on the days, dates, times and locations. x Contractor(s) shall scan dump tags daily and report completed work orders daily to the City of Stockton.
x Contractor(s) shall include work orders completed and tons collected on their invoices for tracking and auditing purposes.
x Contractor(s) shall convert invoice backup files to pdf and upload with the invoice into MUNIS so invoice submission is complete.
x Contractor(s) shall use “Ask Stockton” to input locations with debris piles that are not covered by a work order.
x Contractor(s) agrees to fully participate in community, operational and status meetings as scheduled by City.
x In addition, other duties of a similar nature may be assigned as needed by the City.

EXHIBIT A

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4.2 Requirements
x Contractor(s) shall perform all work in a professional manner and be familiar with all best management practices for debris pick-up.
x Contractor’s vehicle(s) shall be marked with the Contractor’s name (driver and passenger side) and approved by the City.
x Contractor(s) shall furnish any and all Personal Protective Equipment (PPE, including COVID related PPE , including but not limited to masks and a daily supply of hand sanitizer as requested by the City) to their employees for the cleaning task and working in high-speed, high-volume roadways in compliance with the California Manual of Uniform Traffic Control Devices (CA-MUTCD), OSHA and others, including, but not limited to, PPE safety vests (class II/III), nitrile gloves, puncture-resistant gloves, eye protection, ear protection, face masks, safety-toed shoes and other appropriate PPE.

City will not supply uniforms or above-mentioned PPE.
x Contractor(s) shall adhere to “Part 6 Temporary Traffic Control” of the CAMUTCD. x Contractor(s) shall provide all safe work zone devices for its employees pursuant to the CA-MUTCD, such as traffic control signage, cones, etc. x Contractor(s) is responsible for ensuring their driver maintains a valid driver’s licenses and their equipment legally fit for travel on public roads.

4.3 Locations
Every month the City will provide Contractor(s) a calendar with litter, debris & illegally dumped items removal and pickup schedule, so that Contractor(s) can coordinate its work crew activities for the City.

Contractor(s) agrees to notify City before 6:00 A.M. on days Contractor(s) employees are unable to work due to inoperable equipment, illness, or any other reason. Contractor(s) will also advise the City’s designated Contract Manager one (1) week in advance of permanent changes to schedules.

4.4 Contract Period
Any resultant Contract shall be effective from date of contract execution and shall remain in full force and effect for a period of two (2) years, with the option of two (2) one (1) year extension if mutually agreeable.

The City reserves the right to terminate the Contract at any time as a result of unsatisfactory performance, or funding constraints.

EXHIBIT A

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4.5 Work Hours
The Contractor(s) must be able to provide debris removal & pickup services between the hours of 7:00 a.m. and 3:30 p.m. Monday thru Friday excluding City employee holidays. In addition, occasional Saturdays may be necessary to be determined on an as needed basis. Extended debris removal & pickup hours may be requested by the Director of Public Works or designee as needs arise. The selected contractor must reasonably accommodate such requests.

4.6 Materials and Equipment
The Contractor(s) must furnish all supervision, labor, materials, equipment and transportation required to complete the work at no additional cost to the City. City will provide bags for the containment of litter as needed.

4.7 Price Adjustment
The proposed hourly labor rates shall remain the same for the first two (2) years of the contract. Hourly labor rates shall be increased by 2.5% on an annual basis for mutually agreed contract extensions.

4.8 Contract Representative
During the performance of the contract, the City will be represented by the Director of Public Works or their designee. The Contractor shall appoint a Project Manager who shall be responsible for the performance of the work and an alternate(s) who shall act for the Contractor when the Project Manager is absent. The names of the Project Manager and alternate(s) shall be provided in writing to the City.

4.9 Payment Procedure
Contractor(s) shall provide the City with a monthly itemized invoice in a format and with a level of detail acceptable to the City. Invoices shall be accompanied by documentation of expenses for which reimbursement is sought, as well as other supporting documentation required by the City. Contractor will submit monthly itemized invoices promptly, no later than fifteen (15) days after the end of the reporting month. Contractor will be paid for services rendered after receipt of the itemized invoice for the work completed and once approved by the City.

EXHIBIT A

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4.10 Reports and Information
At such times and in such forms as the City and/or the appropriate funding entity may require, there shall be furnished to the City, such statements, records, data and information as the appropriate funding entity or the City may request pertaining to matters covered by this Contract. Unless authorized by the City, the Contractor(s) will not release any information concerning any work product including any reports or other documents prepared pursuant to the Contract until the final product is submitted to the City.

EXHIBIT A

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CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“CITY), and SAN JOAQUIN COUNTY OFFICE OF EDUCATION DBA GREATER VALLEY CONSERVATION CORPS, with a business address at 2040 E FREMONT STREET, STOCKTON, CA 95205 hereinafter called "CONTRACTOR.,” THIS CONTRACT is for the DEBRIS REMOVAL AND PICKUP (PROJECT NO. OM-22-021), hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing, and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment, and insurance required and that are acceptable to the CITY.

2. Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials, and tools called for in the scope of services.

The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $384,000.00 or as otherwise mutually agreed to in a Contract Change Order.

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Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment, and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or

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self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and

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consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors.

CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees, and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRACTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable

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workers compensation insurance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.

CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on June 30, 2024, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

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and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.

CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the worksite and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to

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CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

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Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

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direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: San Joaquin County To City: Public Works Director Office of Education dba City of Stockton
Greater Valley Conservation Corps 22 E. Weber Ave.,
2040 E Fremont St. Rm. 301
Stockton, CA 95205 Stockton, CA 95202

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permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.

CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

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22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

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26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON
By: ____________ _

HARRY BLACK

CITY MANAGER
ATTEST:

By: ____________ _
ELIZA R. GARZA, CMC

CITY CLERK
APPROVED AS TO FORM:

By: ____________ _

DEPUTY CITY ATTORNEY

SAN JOAQUIN COUNTY OFFICE OF
EDUCATION dba GREATER VALLEY

CONSERVATION CORPS
Signature
Print Name
Title : t) ft#pr ::1I
Debris Removal and Pickup, Project No. OM-22-021

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{Updated 12/31 /20)

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REQUEST FOR PROPOSALS
FOR

DEBRIS REMOVAL & PICKUP
PROJECT NO. OM-22-021
Issued by:

City of Stockton
Public Works Department
22 E. Weber Avenue, Room 301
Stockton, CA 95202
Date Issued: -DQXDU\
Date Proposals Due: -DQXDU\DWSP

LATE SUBMITTALS WILL NOT BE ACCEPTED

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EXHIBIT A

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EXHIBIT A

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The City reserves the right to terminate the Contract at any time as a result of unsatisfactory performance, or funding constraints.

EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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(;+,%,7%

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NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.

Exhibit C:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

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Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any

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endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

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Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

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City of Stockton
Legislation Text
File #: 22-0490, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE POLICE HEADQUARTERS WOMEN’S LOCKER

ROOM REMODEL PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the plans and specifications for the Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A.

2. Transfer funds in the amount of $77,254 from the Police Department General Fund Measure A to the Police Facility Improvements - Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A. The transfer of General Fund dollars will be effective in FY 2021-22.

3. Award a Construction Contract in the amount of $430,000 to Stratus Construction Company of Stockton, CA, for the Police Headquarters Women’s Locker Room Remodel, Project No.

P015035-A.

4. Execute Amendment No. 4 to the Standard Agreement with Indigo, Hammond + Playle Architects, LLP to increase funding in the amount of $77,254 for design construction support services for the Police Headquarters Basement Remodel, Project No. P015035.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Police Facility Improvements - Police Headquarters Women’s Locker Room Remodel project addresses facility space needs by performing additional tenant improvements to the women’s locker room, three restrooms, and two storage rooms in the Police Department Main Facility. Other related work will include hazardous material abatement, fire sprinkler modifications, and accessibility improvements. The project was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).

On January 28, 2020, Council adopted Resolution No. 2020-01-28-1107 approving Notice of Exemption No. CE009-19 under the California Environmental Quality Act (CEQA).

On March 3, 2022, the City received five bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, Stratus Construction Company, in the amount of $430,000. Staff also recommends that Council adopt a resolution approving the plans and specifications for the project. Construction is anticipated to be completed by December 2022.

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Design construction support services are needed from Indigo, Hammond + Playle Architects, LLP (design architect) during the construction phase. The services include, but are not limited to, attending construction meetings, preparing design revisions, reviewing field questions and/or changes, responding to requests for information, and completing record drawings. Staff recommends that Council authorize the City Manager to execute Amendment No. 4 to the Standard Agreement with Indigo, Hammond + Playle Architects, LLP, in the amount of $77,254, which is necessary to add the design construction support services to their contract. The total contract amount is $758,947.

DISCUSSION
Background
The Stockton Police Department Main Facility, located at 22 East Market Street, was constructed in 1970 (Attachment A). The Police Headquarters basement was partially remodeled in 2021. The remodel project addressed the overall facility space needs by expanding certain existing restrooms, showers, and locker room spaces. Hazardous material abatement, fire sprinkler modifications, and accessibility improvements were also completed. However, due to funding constraints, work to remodel the remainder of the basement, including the women’s locker room, was delayed until funding could be programmed. The Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A, was subsequently programmed in the 2021-26 Five-Year CIP.

The City entered into a Professional Services Contract with Indigo, Hammond + Playle Architects, LLP to prepare the plans and specifications for construction of the project. The project design was completed in January 2022. The project will perform additional tenant improvements to the women’s locker room, three restrooms, and two storage rooms in the Police Department Main Facility. Other related work will include hazardous material abatement, fire sprinkler modifications, and accessibility improvements.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301 of the CEQA guidelines. On January 28, 2020, Council adopted Resolution No. 2020- 01-28-1107 approving Notice of Exemption No. CE009-19 under CEQA.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as the estimated construction cost is less than $1 million.

Present Situation
On February 4, 2022, the Police Headquarters Women’s Locker Room Remodel, Project No.

P015035-A, was advertised for bids including a bid schedule with a base bid and four additive bid alternatives (Additive Alternative). The Additive Alternatives include optional improvements that can be included provided there is available funding. The base bid amount is the basis of award for the project. The optional Additive Alternatives improvements are:

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· Additive Alternative 1 - Remodeling a half bathroom in the Lieutenant/Sergeant Locker Room. · Additive Alternative 2 - Remodeling a half bathroom in the Bike Patrol Office. · Additive Alternative 3 - Removing flooring containing asbestos in a storage closet under the west stairwell.
· Additive Alternative 4 - Removing flooring containing asbestos in a closet adjacent to the west stairwell.

On March 3, 2022, five bids were received with the following results:

COMPANY NAME BASE BID ADJUSTED ADD ALT 1 ADD ALT 3 TOTAL BID

NAME AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT
(Local
Preference ADD ALT 2 ADD ALT 4
Applied) AMOUNT AMOUNT
Stratus $325,000 $308,750 $40,000 $14,000 $430,000
Construction Company
(Stockton, CA) $41,000 $10,000
C&C $437,425 $437,425 $14,000 $ 9,000 $480,425
Contracting, Inc.
(Las Vegas, NV) $14,000 $ 6,000
JHK $442,000 $433,160 $46,000 $ 4,400 $518,800
Construction, Inc.
(Escalon, CA) $22,000 $ 4,400
Diede $474,900 $465,402 $43,200 $15,700 $589,200
Construction, Inc.
(Woodbridge, CA) $43,200 $12,200
Saboo, $509,000 $509,000 $45,000 $25,000 $644,000
Inc.
(Brentwood, CA) $40,000 $25,000
Engineer’s $403,000 $73,000 $476,000
Estimate (1-4)
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.

The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The base bid from Stratus Construction Company, the lowest responsible bidder, is responsive and regular in all respects. Stratus Construction Company has the proper license to perform the work.

Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Stratus Construction Company of Stockton, CA, in the amount of $430,000, which includes the base bid and all four Additive Alternatives.

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Design construction support services are needed from Indigo, Hammond + Playle Architects, LLP (design architect) during the construction phase. The services are summarized in Exhibit A to Amendment No. 4 and are not included in the existing design contract.

Staff recommends that Council authorize the City Manager to execute Amendment No. 4 to the Standard Agreement with Indigo, Hammond + Playle Architects, LLP, in the amount of $77,254, which is necessary to add the design construction support services to their contract. The total contract amount is $758,947.

Construction is anticipated to be completed by December 2022.

FINANCIAL SUMMARY
The current unencumbered balance in the Police Facility Improvements - Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A (formerly PW1535), Account No. 4510-000- 800007-300-000-30-45-000-000, is not sufficient to award a Construction Contract to Stratus Construction Company in the amount of $430,000 and amend the Professional Services Contract with Indigo, Hammond + Playle Architects, LLP in the amount of $77,254.

In FY 2021-22, the Police Department General Fund Measure A, Patrol Division has sufficient savings to support the additional $77,254 for the Police Facility Improvements - Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A (formerly PW1535). With the transfer of funds in the amount of $77,254 from the Police Department General Fund Measure A, Account No. 3514-000-650001-100-115-20-35-000-000, to the Account No. 4510-000-800007-300-000-30-45-000 -000, sufficient funds will be available to award a Construction Contract and to fund all other construction related costs to complete the project. This transfer of General Fund dollars will be effective in FY 2021-22.

Attachment A - Vicinity Map
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- VICINITY MAP -
POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL
Project No. P015035-A
Project Location
LEGEND:

PROJECT LOCATION

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS, TRANSFERRING

FUNDING, AWARDING A CONSTRUCTION CONTRACT, AND APPROVING AMENDMENT NO. 4 TO THE STANDARD AGREEMENT FOR THE POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL, PROJECT
NO. P015035-A
On March 3, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A; and The project will improve the women’s locker room, three restrooms, and two storage rooms in the Police Department Main Facility. Other related work will include hazardous material abatement, fire sprinkler modifications, and accessibility improvements; and
Stratus Construction Company is the lowest responsible bidder in the amount of $430,000, and its bid is regular in all respects; and
Design construction support services are needed from Indigo, Hammond + Playle Architects, LLP (design architect) during the construction phase; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the plans and specifications for the Police Headquarters Women’s Locker Room Remodel, Project No. P015035-A.

2. The City Council approves the transfer of funds in the amount of $77,254 from the Police Department General Fund Measure A to the Police Facility ImprovementsPolice Headquarters Women’s Locker Room Remodel, Project No. P015035-A (formerly PW1535). The transfer of General Fund dollars will be effective in FY 2021-22.

3. The City Council awards a Construction Contract between the City of Stockton and Stratus Construction Company, in the amount of $430,000, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

4. The City Council approves Amendment No. 4 to the Standard Agreement with Indigo, Hammond + Playle Architects, LLP to increase funding in the amount of $77,254 for design construction support services for the Police Headquarters Basement Remodel, Project No. P015035, and the City Manager is hereby authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference, and take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 26, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between STRATUS CONSTRUCTION COMPANY, a STATE OF CA CORPORATION, with a business address at 4719 QUAIL LAKES DRIVE, SUITE 245G, STOCKTON, CA 95207, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL (PROJECT NO. P015035- A), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $430,000, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)
and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors.

Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.

Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)
parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 80 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($3,200.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

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authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
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Local Construction Contract – STRATUS CONSTRUCTION COMPANY – PROJECT NO. P015035-A (Updated 12/31/20)
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

ELIZA R. GARZA

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

STRATUS CONSTRUCTION COMPANY
By:

DEPUTY CITY ATTORNEY
Tax Identification No.

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EXHIBIT A
EXHIBIT 1
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.

The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).

PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.

Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor
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NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this EXHIBIT B Page 13 of 32 EXHIBIT 1
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Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

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If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
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Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of EXHIBIT B Page 16 of 32 EXHIBIT 1
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the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond (or Labor and Material bond)

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

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City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, STRATUS CONSTRUCTION COMPANY, a STATE OF CA
CORPORATION, as Principal and ___ , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of FOUR HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($430,000.00) in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL
(PROJECT NO. P015035-A)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 1
2 this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 1
3 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, STRATUS CONSTRUCTION COMPANY, a STATE OF CA
CORPORATION, as Principal and ___ , a
corporation, organized and existing under the laws of the State of ___ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of FOUR HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($430,000.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL
(PROJECT NO. P015035-A)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the EXHIBIT 1
4 provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 1
EXHIBIT 2
June 7, 2022
Joshua Lewis, P.E.

Associate Civil Engineer
City of Stockton
22 E. Weber Ave., Room 301
Stockton, CA 95202-2326
Re: Amendment #4 – Design Support During Construction, for Women’s Restroom / Lockers Room and Toilet Rooms 4 & 18 for Police Headquarters, 22 E. Market Street, Stockton, CA, ref. # 013 1936478
Dear Josh,
This letter, revised per the request of Jesse Garcia, describes certain changes in service and is an amendment to the existing agreement with an effective date of November 21, 2016. All other terms and conditions of the original existing agreement remain in full force and effect. The following attachments are referenced.
• 2022 Fee Schedule, may be updated from time to time.

Description of Scope of Services change:

This proposal provides design support during construction services, additional to the formerly referenced Construction Administration CA services to supplement scope added under Amendment 3 which included final design and minimal Bidding and CA services. Amendment #4 adds fee to more closely align with the services provided on the Men’s Remodel project which was completed last year and also included added design scope performed during bidding. The design scope now provides new finishes and a new opening in existing CMU into the Property Vault 46.

Changes to Agreement:

Section 3., Term: Extend contract time from 3/31/22 to 3/31/23. The 3/31/22 term was approved under Amendment 3 by the First Extension of the Contract dated 4/25/19.

Section 4., Compensation: For the additional work described in this amendment, change total compensation amount from $681,693 as authorized in Amendment 3 to $758,947. The attached 2022 Fee Schedule will be used for billing time and expense (t&m).

Changes to Exhibit A – Scope of Work:

The Exhibit A – Scope of Services, Schedule of Delivery, and Compensation, also indicated as EXHIBIT 1, is replaced in its entirety with the following, note that Design Support During Construction and Construction Administration are used interchangeably for this discussion.

EXHIBIT 2
The following describes the work required for the remodel of Women’s Restroom, Shower & Locker Rooms, Toilet Rooms 4 & 18, and abatement with new flooring in Storage 41 & Closet 43 shown on the approved Basement Floor Plan. Design has already been completed and the project has been successfully bid with the low bid at $325,000. Scope has been added in the Property Vault 46 which includes added finishes and new opening in existing CMU wall.

Several factors have changed since Amendment 3 which contained limited construction administration services. Since the City has decided to bid the work to a new contractor instead of change ordering it with the existing contractor, a whole new bidding and construction sequence is planned, requiring a considerable amount of work for a very small area and small construction value. A new contractor will have to be selected in a public bid process, then mobilize, coordinate a whole new slate of subcontractors, prepare submittals, etc. Since the new contractor will be unfamiliar with the project, he/she can be expected to issue many RFIs compared to the existing contractor and subs who are already familiar with the site and its various existing conditions. Thus, the level of effort for the bidding and construction effort is significant as compared to project size. City staff will handle day-to-day affairs, minimizing the need for our services during construction.

The level of effort for construction administration work is dependent on many factors, most of which are not entirely predictable, thus work will be completed on a T&M allowance basis. Indigo will perform all construction administration services requested by the City, and will endeavor to complete the assignment within the budget provided by this amendment. Work that requires more compensation than the cost included in this amendment is beyond the scope of this agreement, and if required would be the basis of a further amendment.

DESIGN SUPPORT DURING CONSTRUCTION (formerly referred to as Construction Administration) T&M allowance basis
A. Add services Design Support During Construction – T&M services on an allowance basis. a. Additional services to be provided as directed by City, and may include: answer bidder questions; attend meetings; review submittals; respond to requests for information RFI; conduct final inspection; review record documents submitted by contractor; from contractor record documents, prepare “Record Drawings” for submittal to City of Stockton for safekeeping (mylars not included); and other services as may be requested by City.

Fee Discussion
Amendment 3 included a total fee of $62,000 for Final Design through permitting with an allowance of $25,100 for Bidding and Construction, including a $13,000 for hazmat monitoring, leaving only $12,000 allowance for A&E construction support. Indigo spent $5,121 as of 5/12/22 for Bidding services, leaving at that time only $6,879 remaining in contract for A&E design support during construction.

Even assuming minimal design support during construction services, for this small, publicly bid, complicated remodel project located in the basement of a 1980’s vintage essential services building, explaining the need for an additional amendment to cover design support during construction services this fee was low, also considering the City will not be engaging a construction manager. This amendment will allow Indigo to provide design support during construction services as requested.

As with the prior project, this scope assumes that the essential services building exemption found in the 2019 California Administrative Code, Article 4, section 4-207 will still be found to apply to this projected by the CBO: “Existing buildings housing essential services facilities owned or leased by the state, a city, a EXHIBIT 2
city and county or a county prior to the effective date of the (Essential Services Buildings Seismic Safety Act of 1986) Act are exempt from these regulations.”
Changes to Exhibit A – Compensation Schedule:

The prior authorized fixed-fee amount of $681,693 is thereby increased by $77,254. by this amendment resulting in an adjusted total fee of $758,947 as follows and as indicated on the separate Project Fee Estimation dated 6/7/22:

Add service Design Support During Construction (t&m allowance basis) $77,254..

Total this amendment $77,254.

Contract summary to-date:

Original contract - Basic services $599,800.

CCO#1 – Hazardous Materials Assessment Services: $6,893.

Amendment #3 – Women’s Restroom & Toilet Rooms 4 & 18, A&E $62,000.

Amendment #3 – Women’s Restroom & Toilet Rooms 4 & 18, Hazmat consultant $13,000.

Amendment #4 – Women’s Restroom add’l Design Support During Construction $77,254.

Total Adjusted T&M NTE Fee $758,947.

Bruce Playle, Architect, AIA
Licensed Architect C 15459
INDIGO/ Hammond & Playle Architects, LLP
attachments
Joshua Lewis
City of Stockton
date signed:_______________________
Prior Fee
Amount
Change this
amendment
Adjusted
Fee
Basic Scope Fee
A. Preliminary Design (fixed-fee, excl. reimb. expense) $140,000 $0 $140,000 B. Final Design (fixed-fee, excl. reimb. expense) $364,100 $0 $364,100 C. Bidding & Construction (t&m allowance basis) $95,700 $0 $95,700 Basic Scope Fee $599,800 $0 $599,800
Changes
CCO#1 - Hazmat Assessment Services (fixed fee) $6,893 $0 $6,893 Amend. #3 - Add Women's Restrm/ Locker Rm & Toilet Rms 4 & 18, A&E (T&M NTE) $62,000 $0 $62,000 Amend. #3 - Add Women's Restrm/ Locker Rm & Toilet Rms 4 & 18, Hazmat (T&M NTE $13,000 $0 $13,000 Amend #4 - Add Services for design support during construction $0 $77,254 $77,254 Amendment Fee $81,893 $77,254 $159,147
Total Adjusted Fee $681,693 $77,254 $758,947
Scope of Services
EXHIBIT 2
2022 Fee Schedule
Indigo Hammond + Playle Architects, LLP
Principal Architect $265
Architect $220
Senior Designer $195
Designer/ Drafter- Level 2 $160
Designer/ Drafter- Level 1 $140
Clerical $115
Overtime rate 1.5 times hourly rates above.

Consultants and reimbursable expenses are at 1.15 x cost.

Mileage at $0.585 per mile.

Rates subject to change from time-to-time.

Indigo Hammond + Playle Archtiects, LLP
EXHIBIT 2
Project Fee Estimation
Architectural and Engineering Services, Womens Restroom / Lockers Room, Toilet Rooms 4 18, Police Headquarters, Stockton CA, INDIGO/ Hammond Playle Architects, LLP, June 7, 2022 Scope of Work, Tasks (note that nos. refer to specific tasks in scope of work narrative) Est. Hours Avg. Rate Cost Est. Hours Avg. Rate Cost Est. Hours Avg. Rate Cost Est. Hours Avg. Rate Cost Est. Hours Avg. Rate Cost Est. Hours Cost (hrs.) ($/hr.) ($) (hrs.) ($/hr.) ($) (hrs.) ($/hr.) ($) (hrs.) ($/hr.) ($) (hrs.) ($/hr.) ($) (hrs.) ($) DESIGN SUPPORT DURING CONSTRUCTION (T&M allowance basis) 1 Attend the Pre-Bid Meeting. 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 2 Review and respond to Bidder questions. 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 3 Prepare Addenda content for issuance by City. 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 4 Assist City with its Bid Evaluation process. (NIC, by City) 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 5 Attend Pre-Construction Meeting. 6 $180 $1,080 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 6 $1,080 6 Hazmat oversight (see FACS proposal letter for more detail...) 4 $180 $720 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 4 $720 7 Review and respond to Contractor submittals (includes up to 50). 75 $180 $13,500 0 $180 $0 0 $180 $0 8 $180 $1,440 4 $180 $720 87 $15,660 8 Review and respond to Contactor RFI's (includes up to 40). 60 $180 $10,800 0 $180 $0 4 $180 $720 8 $180 $1,440 4 $180 $720 76 $13,680 9 Review and respond to Contactor PCO’s (NIC, by City). 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 10 Issue Architectural Supplemental Instructions ASI. 8 $180 $1,440 0 $180 $0 3 $180 $540 2 $180 $360 0 $180 $0 13 $2,340 11 Maintain Submittal, RFI, ASI and CCO logs (NIC, by City). 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 12 Attend construction project progress meetings (includes up to 3 virtual and 3 in person). 24 $180 $4,320 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 24 $4,320 13 Conduct preliminary observation and issue Punch List. 8 $180 $1,440 0 $180 $0 8 $180 $1,440 8 $180 $1,440 8 $180 $1,440 32 $5,760 14 Assist in preparation of Notice of Substantial Completion. 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 15 Declare project 100% complete. Issuance of Notice of Final Completion ((NIC, by City). 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $180 $0 0 $0 16 Assist in final close-out procedures, review & stamp record documents submitted by contractor. 8 $180 $1,440 0 $180 $0 2 $180 $360 2 $180 $360 2 $180 $360 14 $2,520 17 Prepare record drawings from Contractor as-builts. 10 $180 $1,800 0 $180 $0 6 $180 $1,080 10 $180 $1,800 4 $180 $720 30 $5,400 18 Allowance for communications not included above. Relies on City Project Manager being onsite 8 $180 $1,440 0 $180 $0 2 $180 $360 2 $180 $360 2 $180 $360 14 $2,520 day-to-day affairs of construction.
(see FACS proposal letter) (see FACS proposal letter)
SUBTOTAL FROM ABOVE 211 $180 $37,980 0 - $13,600 25 $180 $4,500 40 $180 $7,200 24 $180 $4,320 300 $67,600 EXPENSES $3,038 $1,088 $225 $360 $216 $4,927
SUBTOTAL $41,018 $14,688 $4,725 $7,560 $4,536 $72,527
MARKUP @ 15% n/a $2,203 $709 $1,134 $680 $4,726
TOTAL FEE - DESIGN SUPPORT DURING CONSTRUCTION, T&M ALLOWANCE AMOUNT $41,018 $16,891 $5,434 $8,694 $5,216 $77,254

53.1% 21.9% 7.0% 11.3% 6.8% 100.0%
Mechanical Engineer
(INDIGO Architects) (FACS) (Point 2 Engineering) (M. Neils Engineering) (Peters Engineering) Architecture Hazmat Monitoring Electrical & Data/Tel/Comm Engineering Structural Engineering TOTALS

EXHIBIT A
EXHIBIT 2
City of Stockton
Legislation Text
File #: 22-0505, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE CITY-COUNTY COOPERATIVE AGREEMENT FOR

THE PERSHING AVENUE SIDEWALK GAP CLOSURE PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE22-22 under the California Environmental Quality Act for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

2. Approve the plans and specifications for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

3. Transfer funds in the amount of $400,000 from the Curb, Gutter, and Sidewalk Infill, Project No. WD18016, to the Pershing Avenue Sidewalk Gap Closure, Project No.

WT23033.

4. Authorize the City Manager to execute a City-County Cooperative Agreement for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

5. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
In July 2021, the San Joaquin County (County) Public Works Department awarded a Construction Contract for the Pershing Avenue Widening project between Thornton Road and Meadow Avenue which is in the unincorporated county. The City has a gap in its sidewalk network on the west side of Pershing Avenue from Meadow Avenue to Lincoln Road. The County has agreed to use their contractor to install the needed frontage and/or sidewalk improvements in the City’s jurisdiction with their project.

A City-County Cooperative Agreement is needed to formally include City frontage and/or sidewalk improvements in the County’s Pershing Avenue Widening project. The City-County Cooperative Agreement is scheduled to be presented to the County Board of Supervisors for approval on July 12, 2022. Staff recommends that Council adopt a resolution approving Notice of Exemption No.

NOE22-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Staff also recommends that Council authorize the City Manager to City of Stockton Page 1 of 3 Printed on 7/20/2022
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execute a City-County Cooperative Agreement for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

DISCUSSION
Background
In July 2021, the County Public Works Department awarded a Construction Contract for the Pershing Avenue Widening project between Thornton Road and Meadow Avenue which is in the unincorporated county. The project is presently in construction and will widen Pershing Avenue to include a continuous left-turn pocket, one lane in each direction, new pavement, storm drainage, curbs, gutters, and sidewalks.

South of Meadow Avenue, Pershing Avenue is a four-lane roadway and within the City of Stockton. A gap in the City’s sidewalk network exists on the west side of Pershing Avenue from Meadow Avenue to Lincoln Road, a distance of approximately 900-feet. The City wishes to close this gap and install the necessary frontage and/or sidewalk improvements within the stated limits to enhance pedestrian access and mobility. The County has agreed to use their contractor to install the needed frontage and/or sidewalk improvements in the City’s jurisdiction with their Pershing Avenue Widening project.

Present Situation
A City-County Cooperative Agreement is needed to formally include City frontage and/or sidewalk improvements in the County’s Pershing Avenue Widening project. The City-County Cooperative Agreement is scheduled to be presented to the County Board of Supervisors for approval on July 12, 2022. Staff recommends that Council authorize the City Manager to execute a City-County Cooperative Agreement for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE22-22 under CEQA.

The sidewalk gap closure work is anticipated to be complete by fall of 2022.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. Adding the Pershing Avenue Sidewalk Gap Closure project’s scope to the County’s existing Pershing Avenue Widening project will save the administrative expense of City staff conducting a separate construction procurement, providing the most efficient use of public funds.

2. The County competitively bid the Pershing Avenue Widening project and awarded a City of Stockton Page 2 of 3 Printed on 7/20/2022
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Construction Contract to the lowest bidder, Tom Mayo Construction.

3. The estimated unit prices for the City’s Pershing Avenue Sidewalk Gap Closure project are comparable to the unit prices for similar work on the County’s competitively bid Pershing Avenue Widening project.

4. Due to economies of scale, the County is able to add the City’s project scope to the Pershing Avenue Widening project for a competitive price.

FINANCIAL SUMMARY
The total amount for the work described is estimated to be $400,000. The Pershing Avenue Sidewalk Gap Closure, Project No. WT23033, Account No. 4510-000-800007-300-000-30-45- 000-000, is a newly created project and therefore does not have funding. With the transfer of funds in the amount of $400,000 from the Curb, Gutter, and Sidewalk Infill, Project No.

WD18016, Account Number 4570-000-800007-300-000-30-45-000- 000, sufficient funds will be available to fund the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

Attachment A - Vicinity Map
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ATTACHMENT A

VICINITY MAP

NOT TO SCALE
0 CITYLIMIT
c:J COUNTY LIMIT
LEGEND
(D PROJECT LOCATION

PERSHING AVENUE SIDEWALK GAP CLOSURE,
PROJECT NO. WT23033

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
0 Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE22-22,

APPROVING THE PLANS AND SPECIFICATIONS, TRANSFERRING FUNDING, AND

APPROVING A CITY-COUNTY COOPERATIVE AGREEMENT FOR THE PERSHING AVENUE SIDEWALK GAP CLOSURE, PROJECT NO. WT23033
In July 2021, the San Joaquin County Public Works Department awarded a Construction Contract for the Pershing Avenue Widening project between Thornton Road and Meadow Avenue which is in the unincorporated county; and The County’s Pershing Avenue Widening project will widen Pershing Avenue to include a continuous left-turn pocket, one lane in each direction, new pavement, storm drainage, curbs, gutters, and sidewalks; and
The City has a gap in its sidewalk network on the west side of Pershing Avenue from Meadow Avenue to Lincoln Road. The County has agreed to use their contractor to install the needed frontage and/or sidewalk improvements in the City’s jurisdiction with their project. A City-County Cooperative Agreement is needed to formally include City frontage and/or sidewalk improvements in the County’s Pershing Avenue Widening project; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE22-22 under CEQA for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

3. The City Council approves the transfer of funds in the amount of $400,000 from the Curb, Gutter, and Sidewalk Infill, Project No. WD18016, to the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.

4. The City Manager is hereby authorized to execute a City-County Cooperative Agreement for the Pershing Avenue Sidewalk Gap Closure, Project No.

WT23033, a copy of which is attached as Exhibit 2 and incorporated by this reference.

5. Pursuant to the requirements of Stockton Municipal Code section 3.68.070, City Council makes the following findings which support an exception to the competitive bidding requirements:

A. Adding the Pershing Avenue Sidewalk Gap Closure project’s scope to the County’s existing Pershing Avenue Widening project will save the administrative expense of City staff conducting a separate construction procurement, providing the most efficient use of public funds.

B. The County competitively bid the Pershing Avenue Widening project and awarded a Construction Contract to the lowest bidder, Tom Mayo Construction.

C. The estimated unit prices for the City’s Pershing Avenue Sidewalk Gap Closure project are comparable to the unit prices for similar work on the County’s competitively bid Pershing Avenue Widening project.

D. Due to economies of scale, the County is able to add the City’s project scope to the Pershing Avenue Widening project for a competitive price.

6. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 26, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
EXHIBIT 1

Page 1 of 3 ends

CITY-COUNTY COOPERATIVE AGREEMENT

FOR THE

PERSHING AVENUE SIDEWALK GAP CLOSURE PROJECT
THIS AGREEMENT is made and entered into this ____________________ day of __________________, 2022, by and between the CITY OF STOCKTON, a Municipal Corporation to the State of California, ("CITY"), the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, ("COUNTY").

W I T N E S S E T H
COUNTY is improving Pershing Avenue from Meadow Avenue to Thornton Road within COUNTY jurisdiction, including the addition of a center turn lane, storm drainage work, as well as curb, gutter, and sidewalks (herein referred to as “COUNTY PROJECT”; and
CITY desires to construct a sidewalk on the west side of Pershing Avenue from Meadow Avenue to Lincoln Road (herein referred to as “CITY PROJECT”), which lies in CITY jurisdiction; and
CITY has asked COUNTY to extend the limits of their Pershing Avenue Widening Project to include CITY PROJECT, as the addition of sidewalk in this area will greatly increase pedestrian access and safety;
The parties acknowledge that the CITY PROJECT was not designed nor approved by the COUNTY and therefore, the CITY is to be responsible for any liabilities arising out of the CITY PROJECT;
NOW, THEREFORE, it is mutually agreed by and between CITY and COUNTY as follows:

1. The work to be performed includes, but is not limited to:
environmental clearance documentation, design, permitting, construction, and construction management.

2. The parties agree that the CITY will provide environmental documentation, design documents, and construction management for CITY PROJECT, and COUNTY will provide at minimum construction and traffic control for CITY PROJECT.

3. CITY will be responsible for actual costs for construction, traffic control, and minor administrative costs for CITY PROJECT.

4. CITY’s estimated share for construction is approximately $400,000 based on a quote from the COUNTY PROJECT contractor. This cost EXHIBIT 2

Page 2 of 3 ends

includes a 10% contingency, construction management, and other costs as needed.

5. CITY shall be responsible for all costs associated with any hazardous materials found during construction of improvements within CITY jurisdiction.

6. CITY shall pay for any change orders that affect construction of CITY PROJECT. COUNTY will seek CITY approval for change orders.

CITY shall respond in an expedited manner during construction to requests for approval of change orders.

7. COUNTY shall assist in discussions with COUNTY residents as needed to resolve project issues or impacts.

8. COUNTY shall submit monthly invoices to CITY for work performed on CITY PROJECT. Upon approval of invoice and supporting documentation, CITY shall make payment to COUNTY within sixty (60) calendar days.

9. Prior to final payment by CITY to COUNTY, COUNTY shall provide CITY with copies of the final documentation including, but not limited to, record drawings, and a final detailed statement of all project costs to be borne by CITY in support of PROJECT.

10. The CITY shall hold the COUNTY, its agents, officers, employees and volunteers, harmless from and save, defend and indemnify the COUNTY against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of COUNTY, or its agents, officers, employees, or volunteers relating to or during the performance of the services or responsibilities set forth in this agreement.
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EXHIBIT 2

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IN WITNESS WHEREOF, this agreement has been executed by the respective parties hereto through their respective authorized officers at Stockton, California, the day, and year first above written.

COUNTY OF SAN JOAQUIN CITY OF STOCKTON
By: By:

FRITZ BUCHMAN HARRY BLACK
Director of Public Works City Manager
ATTEST: MARY ANNE PARKER ATTEST:

Executive Assistant to the
Director of the Department of
Public Works of the COUNTY of By:

San Joaquin, State of California ELIZA GARZA
City Clerk of the City of Stockton
By:________________________ APPROVED AS TO FORM:

MARY ANNE PARKER
APPROVED AS TO FORM: By:

LORI ASUNCION
Acting City Attorney
By:

MATTHEW P. DACEY
Deputy County Counsel
EXHIBIT 2
City of Stockton
Legislation Text
File #: 22-0595, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM -

SLURRY SEAL PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE17-22 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No.

WT22003.

2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No. WT22003.

3. Award a Construction Contract in the amount of $698,275 to Pavement Coatings Co. of Sacramento, CA, for the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No. WT22003.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No. WT22003, will apply a slurry seal resurfacing treatment to approximately 12 miles of residential and collector roadways citywide (Attachment A). Slurry Seal is a thin layer applied to an asphalt pavement surface to seal the surface and extend the roadway’s life expectancy. The project was included in the 2021- 26 Five-Year Capital Improvement Plan (CIP).

On May 12, 2022, the City received three bids for the project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Pavement Coatings Co., in the amount of $698,275. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.

NOE17-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in early summer 2022 and to be completed by fall 2022, weather permitting.

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and City of Stockton Page 1 of 3 Printed on 7/20/2022
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critical safety needs on the State highway, local streets, and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

An estimated $6.2 million in SB1 RMRA Program funding was allocated to the City for FY 2021-22, and the project list was approved by Council on May 11, 2021, by Resolution No. 2021-05-11-1208.

The project list was subsequently approved by the CTC.

SB1 funding will be used to resurface approximately 12 centerline miles of various residential and collector roadways citywide (Attachment A). The project includes slurry seal, removal and replacement of pavement striping and legends, and removal and replacement of failed pavement areas. Slurry seal is a mixture of water, asphalt emulsion, finely crushed rock, and additives applied in a thin layer to an asphalt pavement surface. This treatment seals the surface and extends the roadway’s life expectancy by at least five years.

The list of roads for this project was developed from the City of Stockton Pavement Management System. Roadways with a Pavement Condition Index (PCI) ranging between 65 and 80 are suitable for this treatment. The Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No.

WT22003, was included in the 2021-26 Five-Year CIP.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the engineer’s estimate was under $1 million.

Present Situation
On April 20, 2022, the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No.

WT22003, was advertised for bids. On May 12, 2022, three bids were received with the following results:

COMPANY NAME BID AMOUNT
Pavement Coatings Co. (Sacramento, CA) $698,275
Dryco Construction, Inc. (Sacramento, CA) $744,185
VSS International, Inc. (West Sacramento, CA) $861,165
Engineer’s Estimate $679,835
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The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order, as no local firms bid on the project.

The bid from Pavement Coatings Co., the lowest responsive bidder, is regular in all respects.

Pavement Coatings Co. has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Pavement Coatings Co. of Sacramento, CA, in the amount of $698,275.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE17-22 under CEQA. Construction is anticipated to begin in early summer 2022 and to be completed by fall 2022, weather permitting.

FINANCIAL SUMMARY
RMRA funding in the amount of $3,850,000 was approved by Council on May 11, 2021, and allocated to the Local Street Resurfacing Program FY 2021-22 SB1, Project No. WT22003, Account No. 4570- 715-800007-240-241-30-45-000-000. There is sufficient funding to award a Construction Contract to Pavement Coatings Co. in the amount of $698,275.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
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MARCH LN

AIRPORT WY

DR MLK JR BL

PARK ST

PACIFIC AV

ROBERTS RD

EIGHTH ST

RSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALIF
ST

CENTER ST

CHARTER WY
Vicinity Map
Local Street Resurfacing Program FY 21-22 - Slurry Seal City Project No. WT22003
Legend
Project Limit
Public Schools
Parks
IN/OUT
County Limits
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0 0.1750.35 0.7 1.05 1.4
Miles

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE17-22,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2021-22 SB1 – SLURRY SEAL, PROJECT NO. WT22003 On May 12, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program FY 2021-22 SB1 – Slurry Seal, Project No. WT22003; and The project will apply a slurry seal resurfacing treatment to approximately 12 miles of residential and collector roadways citywide; and Pavement Coatings Co. is the lowest responsive bidder in the amount of $698,275, and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE17-22 under CEQA for the Local Street Resurfacing Program FY 2021-22 SB1 – Slurry Seal, Project No. WT22003, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Local Street Resurfacing Program FY 2021-22 SB1 – Slurry Seal, Project No. WT22003.

3. The City Council awards a Construction Contract between the City of Stockton and Pavement Coatings Co., in the amount of $698,275, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED ___July 26, 2022_______.
_________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
__________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: LOCAL STREET RESURFACING PROGRAM FY 2021-22 SB1 – SLURRY SEAL, PROJECT NO. WT22003 CEQA Exemption File No.: NOE 17-22
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be resurfacing residential streets citywide. The project includes slurry sealing, and removal and replacement of pavement striping/legends. See attachment A for more information.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI ALMASSY, DIRECTOR May 10, 2022

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL)
_____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between PAVEMENT COATINGS CO., a STATE OF CALIFORNIA CORPORATION, with a business address at 2150 BELL AVENUE, SUITE 125, SACRAMENTO, CA 95838, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FY 2021-22 SB1 – SLURRY SEAL (PROJECT NO.

WT22003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $698,275.00, or as otherwise mutually agreed to in a Contract Change Order.

EXHIBIT 2 Page 1 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same EXHIBIT 2 Page 2 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of EXHIBIT 2 Page 3 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-

1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest EXHIBIT 2 Page 4 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 25 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND DOLLARS AND NO/100 DOLLARS ($4000) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, EXHIBIT 2 Page 5 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the EXHIBIT 2 Page 6 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the worksite and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works EXHIBIT 2 Page 7 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)
Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

3.68.095.

CITY agrees:

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

EXHIBIT 2 Page 8 of 53
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WT22003 (Updated 12/31/20)

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, PAVEMENT COATINGS CO., a (STATE OF CALIFORNIA
CORPORATION), as Principal and
, a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as oblige, in the just and full sum of SIX HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS AND 00/100 DOLLARS ($698,275), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

LOCAL STREET RESURFACING PROGRAM
FY 2021–22 SB1 – SLURRY SEAL
(PROJECT NO. WT22003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

Page 50 of 53 ends

EXHIBIT 2
the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

ACTING CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

Page 51 of 53 ends

EXHIBIT 2

BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, PAVEMENT COATINGS CO., a (STATE OF CALIFORNIA
CORPORATION), as Principal and , corporation,
organized and existing under the laws of the State of
and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SIX HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS AND 00/100 DOLLARS ($698,275), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

LOCAL STREET RESURFACING PROGRAM
FY 2021–22 SB1 – SLURRY SEAL
(PROJECT NO. WT22003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work

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EXHIBIT 2
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

ACTING CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

Page 53 of 53 ends

EXHIBIT 2
City of Stockton
Legislation Text
File #: 22-0733, Version: 1

RATIFY APPOINTMENT TO PLANNING COMMISSION

RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying an appointment to the Stockton Planning Commission to fill a vacated term representing Council District 1. The partial term will begin upon appointment and end January 31, 2023.

Summary
Due to the resignation of the District 1 representative on the Planning Commission, there is one vacancy to be filled by Council ratification this evening.

DISCUSSION
Background
Charter Article XXIV requires that each Councilmember nominate a candidate from the district he/she represents to sit on the Planning Commission and the City Council ratifies the appointments. The term of office is four-years and may be reappointed for a second term but may not serve more than two consecutive terms.

Present Situation
Councilmember Jobrack has received applications to fill the partial term on the Planning Commission. Below is the recommendation presented to Council for ratification this evening.

Planning Commission partial term will begin immediately and end January 31, 2023:

District 1: Felix Ogbah

FINANCIAL SUMMARY
There is no financial impact to the General Fund from the appointment of Planning Commissioners.

Planning Commissioners receive a $25 per meeting stipend and sufficient funding is available in account 048-1810-510 (Community Development).

Attachment A - Redacted Application
City of Stockton Page 1 of 1 Printed on 7/21/2022
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Submit Date: Feb 12, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 1
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
5 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Felix C Ogbah
Stockton CA
Felix C Ogbah

ATTACHMENT A
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I am a proactive person always open to correction and willing to learn. I love to reach out to people and help whenever and where ever I find myself. A time manager and above all a team player.

Felix C Ogbah

ATTACHMENT A
Upload a Resume
Please state the reason you would like to be a member of this board/commission.

I believe there is fulfillment in services, and with all the good work that has been initiated within the city, it is surely a good thing to get involved. So as to help in giving Stockton a new face Have you served on an advisory group before?
Yes No
How did you hear about the position?
City web site
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

F O
Felix C Ogbah

ATTACHMENT A
Date Signed
02/12/2022
Felix C Ogbah

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING ONE MEMBER THE STOCKTON PLANNING

COMMISISON
Positions on the Planning Commission are directly appointed by City Councilmembers with terms that coincide with the appointing Councilmember; and The District 1 position has been vacated due to the resignation of Gerardo Garcia on June 14, 2022; and
Councilmember Jobrack has reviewed applications and has made a nomination for appointment; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The following applicant is found to have met the criteria for appointment and is authorized to serve as a member of the Planning Commission for a partial term to commence on appointment and ending January 31, 2023:

District 1: Felix Ogbah

2. The City Manager is authorized to take such other actions as are appropriate to carry out the intent of this Resolution.

PASSED, APPROVED and ADOPTED July 26, 2022 .

KEVIN J. LINCOLN II,

MAYOR OF THE CITY OF STOCKTON
ATTEST:

ELIZA R. GARZA, CMC

STOCKTON CITY CLERK
City of Stockton
Legislation Text
File #: 22-0735, Version: 1

AMENDMENT TO THE PREVIOUSLY APPROVED MEMORANDA OF UNDERSTANDINGS

BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT UNIT

RECOMMENDATION
It is recommended that the City Council adopt by resolution the amended changes to the approved Memoranda of Understanding between the City of Stockton and the Stockton Police Management Association (SPMA), Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit. The changes consist of making the City health contributions and the salary increases for all bargaining units effective July 1, 2022, rather than the previously approved date of July 16, 2022.

Summary
On July 12, 2022, the City Council approved by resolution 2022-07-12-1206 the Memoranda of Understanding between the City of Stockton and the Stockton Police Management Association (SPMA), Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit.

The amended changes to the MOUs for SPMA, Fire, and the Fire Management are summarized as follows:

SPMA, Fire, and Fire Management Unit:

1. City Health Contribution. 2% increase to City’s health insurance premium contribution effective July 1, 2022, and 2% each fiscal year thereafter with the last increase effective July 1, 2024 (SPMA MOU Section 14.1 (c), Fire Unit MOU Section 14.1 (c), and Fire Management MOU Section 14.1 (c)).

SPMA Unit:

1. COLA and Market Adjustment. 10% increase to base pay (comprised of a 2% COLA and an 8% Market Adjustment) effective July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024 (SPMA MOU, Section 15.1(a)).

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Fire Unit:

1. COLA and Market Adjustment. 9.65% increase to base pay (comprised of a 2% COLA and a

7.65% Market Adjustment) effective July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024 (Fire Unit MOU, Section 15.9(a)).

Fire Management Unit:

FINANCIAL SUMMARY

BASE PAY INCREASE
No additional increase in budget is necessary to implement this change in effective date. The staff report presented at the July 12, 2022 City Council meeting included the full cost of City health contributions and salary increases effective July 1, 2022. The approximate cost of the compensation increases for one pay period is $200,000. There will be minor additional costs for the staff time needed to calculate retroactivity pay.

The total three-year cost for the COLA and Market Adjustment increases to base pay for the 210 employees in SPMA, Fire, and Fire Management is $19,412,168 of which $16,940,310 is a General Fund cost. The table below shows the base wage increase cost for the 3 years based on a July 1, 2022 implementation. Funding for an annual 2% COLA for the term of the contract was planned in the L-RFP. The market adjustments were not included in previous L-RFP projections.

Bargaining Unit # of Positions FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit 181 $ 3,783,354 $ 5,086,463 $ 6,438,641 $ 15,308,458 Fire Management Unit 9 $ 289,006 $ 385,433 $ 485,537 $ 1,159,976 SPMA 21 $ 733,308 $ 978,103 $ 1,232,323 $ 2,943,734
TOTAL 211 $ 4,805,668 $ 6,449,999 $ 8,156,501 $ 19,412,168

COLA AND MARKET INCREASES

HEALTH CONTRIBUTION INCREASES
The cost for the health contribution increases based on a July 1, 2022 implementation is $417,960 of which $363,928 is a General Fund cost. The ongoing cost will be absorbed in the operating funds, including the General Fund.

Bargaining Unit # of Positions FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit 181 $ 55,712 $ 115,982 $ 175,718 $ 347,412
Fire Management Unit 9 $ 3,568 $ 7,208 $ 10,920 $ 21,696 SPMA 21 $ 6,552 $ 16,819 $ 25,481 $ 48,852
TOTAL 211 $ 65,832 $ 140,009 $ 212,119 $ 417,960

HEALTH CONTRIBUTION INCREASES
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Bargaining Unit # of Positions FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit 181 $ 55,712 $ 115,982 $ 175,718 $ 347,412
Fire Management Unit 9 $ 3,568 $ 7,208 $ 10,920 $ 21,696 SPMA 21 $ 6,552 $ 16,819 $ 25,481 $ 48,852
TOTAL 211 $ 65,832 $ 140,009 $ 212,119 $ 417,960

HEALTH CONTRIBUTION INCREASES
Attachment A - SPMA MOU - Redline
Attachment B - Fire Unit MOU - Redline
Attachment C - Fire Management Unit MOU - Redline
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CITY OF STOCKTON

POLICE MANAGEMENT UNIT

MEMORANDUM OF UNDERSTANDING

PREAMBLE
The Stockton Police Management Association and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees employed in the representation unit identified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 20222019, through June 30, 20252022.

This agreement shall supersede all other existing agreements on thisthese matters set forth herein.

ATTACHMENT A

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 2

TABLE OF CONTENTS
Section 1. Recognition ................................................................................................. 3 Section 2. Union Rights.......................................................................................... 4144 Section 3. Non-Discrimination ................................................................................ 8477 Section 4. Probation............................................................................................... 9588 Section 5. Layoff................................................................................................... 10699 Section 6. Reemployment ................................................................................ 1391212 Section 7. Discipline........................................................................................... 141013 Section 8. Grievance Procedures....................................................................... 151114 Section 9. Leaves............................................................................................... 191518 Section 10. Days and Hours of Work ................................................................... 282427 Section 11. Overtime............................................................................................ 302528 Section 12. Holidays............................................................................................. 312629 Section 13. Compensation and Allowances other than Base Salary................ 34293231 Section 14. Insurance Plans................................................................................. 393436 Section 15. Salary Plan.................................................................................... 42373939 Section 16. Separability of Provisions .................................................................. 454042 Section 17. Practices and existing Memoranda of Understanding ....................... 454042 Section 18. Scope of Agreement.......................................................................... 454042 Section 19. Duration of Agreement ...................................................................... 454042 Section 20. Maintenance of Operations ............................................................... 464143 Section 21. Bankruptcy ........................................................................................ 474244 APPENDIX A. COLA and Market Adjustments ............................................................ 47

ATTACHMENT A

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 3
Section 1. Recognition

1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereinafter referred to as the "City" in employer-employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 Association Recognition
The Stockton Police Management Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Service Management Unit, certified pursuant to Resolution No. 38,738, adopted by the City Council on November 23, 1981.

1.3 Reopener
The Association agrees to meet at the City’s request for the purpose of meeting and conferring on any changes that would be a mandatory subject of bargaining that may result from any City proposal on organizational, operational, or staffing changes that are a result of efficiency measures during the term of this agreement.

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SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) 1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) 2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) 3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) 4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) 5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) 6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) 7. Deduction notification will be provided to
[email protected].

8. Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January

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15th, the deductions will be effective no later than the first full pay period in March. The parties
(8) recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision.
(c) The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
The Association shall be allowed by the City department in which it represents employees' use of space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the department.

Any representative of the Association shall give notice to the department head or his/hertheir designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Police Chief and, when made, shall continue until revoked by the Chief.

City buildings and other facilities may be made available for use by City employees or the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.

Members of the Association are prohibited from using City equipment and/or time for their own personal use.

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adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to the adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the Association shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representative designated by the City Manager.

2.4 Attendance at Meetings by Employees
Release Time Related to Meet and Confer. City employees who are official representatives of the Association shall be given reasonable time off with pay, in accordance with MMBA, to attend meetings with City Management representatives where matters within the scope of representation or grievances related to this unit are being considered.

The use of release time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall request an excused absence, prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for release time shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system (currently HTE)::
(1) 1. Name;
(2) 2. Job title;
(3) 3. Department;
(4) 4. Work location;
(5) 5. Personal cellular telephone numbers, including work and home;
(6) 6. Personal email addresses as provided by new hire employee; and
(7) 7. Home address.

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The above information shall be updated and provided to the Union at least every 120 days for all bargaining unit members.

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SECTION 3. NON-DISCRIMINATION
The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over 40), race, color, religion (creed), national origin (ancestry), military or veterans status, physical orand mental disability, medical condition, genetic information, marital status, sexual orientation, sex (sexual, gender based including, pregnancy,/ childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state and/or local law.

The Association shall cooperate with the City to achieve the objectives of Equal Employment Opportunity as defined by Federal and State regulations.

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SECTION 4. PROBATION

4.1 Promotional Appointments
Promotional appointments in this Unit, except Deputy Chief of Police, shall be subject to a probationary period of twelve (12) months. The probationary period for police promotional positions shall not be extended.

4.2 Probationer Advanced to Higher Rank
Any promotional probationary Police Management employee who is advanced to a higher classification, or is appointed to the rank of Chief of Police or Deputy Chief of Police, shall receive credit towards theirhis promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.

4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effective and stating that the retention of such employee in the service is desired.

During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which he/she wasthey were promoted unless charges are filed and he/she isthey are discharged in the manner provided in the City Charter XXXII, section 9, Civil Service Ordinance and Civil Service Rules.

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SECTION 5. LAYOFF

5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.

5.2 Layoff Scope
(a) (a) Layoffs shall be within departments of the City. (b) (b) The departments of the City are defined as follows:
(1) (1) Administrative Services
(2) (2) City Attorney
(3) (3) City Auditor
(4) (4) City Clerk
(5) (5) City Manager
(6) (6) Community Development
(7) (7) Community Services
(8) (8) Economic Development
(9) (9) Fire
(10) (10) Human Resources
(11) (11) Information Technology
(12) (12) Municipal Utilities
(13) (13) Police
(14) (14) Public Works

5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.4 Precedence by Employment Status
No permanent regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such permanent regular status employee.

The order of layoff among employees not having permanent regular status shall be according to the following categories:

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(a) (a) eExtra help (c) temporary
(b) (b) pProvisional (d) probationary
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to continuous service in class, plus all higher classes, except as specified above. For the purpose of this procedure, part-time classes shall be considered as separate from regular full-time classes.

The following provisions shall apply in computing total continuous service:
(a) (a) Time spent on military leave shall count as service in the event the leave was taken subsequent to entry in the department.
(b) (b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service. (c) (c) Time worked in a permanentregular or probationary status shall count as service.

If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees’ were subsequently hired.

5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) (a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.
(b) (b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee who has the least seniority in that classification. Employees who exercise this option shall be placed on an eligibility list for reinstatement to the higher classification for a period of five (5) years. Ranking on the reinstatement list shall be by the employee's seniority in the higher classification. All employees on the list, who are still employed by the City

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of Stockton, shall be reinstated to the higher classification before any new promotions can be made to that classification.

If the change as listed above requires Civil Service approval, the Association and
the City agrees to not object to this change in the duration of the reemployment list.
(1) If the employee is in a probationary status in the higher classification, the probationary status shall resume upon reinstatement with full credit for previous time served in that classification.

5.6 Health and Welfare Benefits During Layoff
Permanent Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months (the thirty-six (36) months runs concurrently with any COBRA benefits) from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.

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SECTION 6. REEMPLOYMENT

6.1 Reemployment
When an employee with in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily and whose position is abolished, is laid off due to lack of funds or on an authorized leave of absence and is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list as follows:
(a) (a) Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur.
(b) (b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for in subsection (a), above, and remain on the list either until the employee is appointed to the position or the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution as needed.

In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same rank in the department for which the lists apply.

An employee who waives reemployment to a full time position three (3) times shall have his/hertheir name removed from this reemployment list unless mutually agreed to by the Department and employee.

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions and the Rules and Regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted, or discharged to appeal such action.

The employee may take any one (1) of the following actions:
(a) (a) File no appeal.
(b) (b) File an appeal with the Civil Service Commission within ten (10) working days of written notification of the action. (Such filing will foreclose use of the grievance procedure).
(c) (c) File a grievance as provided for in Section 8.5 within ten (10) working days of written notification of the action.

If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.

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SECTION 8. GRIEVANCE PROCEDURES

8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.

8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.

8.3 Grievance Processing
(a) (a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within ten (10) working days from the day of presentation or if the employee elects to submit the grievance directly to the Association recognized as the representative of that employee's classification, the procedures hereinafter specified may be invoked.
(b) (b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Steplevel one 1, then the employee may appeal the grievance to the Director of Human Resources within ten (10) working days of the receipt of written response at Steplevel one 1. Such appeal must state with particularity; 1) the specific policy, rule, or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Association may file and process grievance(s) on behalf of the specifically named employee.

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The Director of Human Resources shall have twenty (20) working days in which to investigate the issues and respond to the appeal. No grievance, except for the resolution of compensation complaints, may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit. (c) (c) Step 3 - City Manager Review. Within ten (10) calendar days of the receipt of the level Step two (2) response, the grievance may be appealed to the City Manager or theirhis designee. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Association, to meet also with the officials of the Association, and to settle the grievance or to make recommendations to the City Manager. A written response to the appeal will be provided within thirty (30) calendar days of the date of appeal.
(d) (d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 3, or if the City Manager fails to respond within the time limit, the matter may, within ten (10) working days, be referred to an arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service. The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(e) (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.

8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.

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Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this section shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.

8.5 Other Provisions
If the Director of Human Resources, in pursuance of the procedures outlined above, or the City Manager, in pursuance of the provisions outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his their judgment for the judgment of Management and if they he finds that the City had such right, theyhe may not order reinstatement and may not assess any penalty upon the City.

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints, which allege the employee is not being compensated in accordance with the provisions of this Memorandum of Understanding, shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

The provisions of this Section shall not abridge any right to which an employee may be administered in a manner that would abrogate any power which, under the City Charter, may be within the sole province and discretion of the Civil Service Commission.

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All grievances of employees in the representation unit represented by the Association shall be processed under this section. If the City Charter requires that differing options be available to the employee, no action under paragraph (d) of subsection 8.3 above shall be taken unless it is determined that the employee is not availing himself/herselfthemselves of such option.

No action under paragraph (d) of subsection 8.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Personnel ServicesHuman Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

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SECTION 9. LEAVES

9.1 Vacation
(a) (a) Vacation Allowance. Effective July 1, 2012, aAll employees in this unit shall accrue vacation leave with pay in accordance with the following schedule (employees shall accrue vacation leave on a twice monthly basis):

Less than 1½-1/2 years continuous employment ................ 120 hours/year After 1½-1/2 years up to 7 1/2 years... ……………………… 148 hours/year After 7½-1/2 years up to 15 years....................................... 188 hours/year After 15 years up to 25 years.............................................. 229 hours/year Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.
(b) (b) Vacation Carryover Allowance. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.

For employees who on July 1, 2012 have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not reduce his/hertheir balance below the maximum by June 30, 2013, he/shethey shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.

The maximum number of vacation hours that employees on a 40 hour workweek shall accrue is as follows:

Under 1.5 years 200 hours

1.5 – 7.5 years 320 hours

7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year

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Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. (cc) Vacation Allowance for Separated Employees.

An eligible employee separating from City service effective July 1, 2014 for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. (d) Vacation Sellback.

Effective for fiscal year 2020/2021 and 2021/2022 only, an employee may elect to receive cash payment for up to a maximum of forty (40) hours of his/her accumulated vacation balance after the use of a vacation of forty (40) hours or more. Employee must maintain a minimum of forty (40) hours. This option may be exercised once per calendar year and employee must elect the amount of cash-out by December 31 for the preceding calendar year. The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.

9.2 Sick Leave
(a) (a) Accrual. All regular status employees, except provisional, temporary, and part-time employees, each shall accrue sick leave at the rate of eight (8) hours for full month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) (b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of sick leave hours accrued.

An employee may use sick leave for preventive medical, dental, optical care, illness, injury, or exposure to contagious disease, which incapacitates him/herthem from performing his/hertheir duties. This includes disabilities

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caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual
(c) accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.

For the purpose of this section, immediate family is defined as the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child,
stepchild, brother, sister, brother-in-law, sister-in-law, legal dependent, grandparent, and grandchild.
(d) (d) Procedures for Requesting and Approving Sick Leave. When the requirement for sick leave is known to the employee, in advance of theirhis absence, the employee shall request authorization for such sick leave from the department head prior to such absence. In all other instances, the employee shall notify theirhis supervisor as promptly as possible of theirhis absence.

Before an employee may be paid for the use of accrued sick leave, theyhe shall complete and submit to theirhis department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other
information as is necessary for theirhis request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head.
(e) (e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than three (3) consecutive days, then a doctor's certificate or other reasonable proof of illness will be required by the department head.

The Police Chief may make such sick leave usage reviews and may require such physician's documentation, as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control

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the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification. (f) (f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) (1) was hospitalized during the period for which sick leave is claimed, or
(2) received medical treatment or diagnosis and presents a statement
(2) indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) (g) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the PERS contract provisions applicable to their employment.
(h) (h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. AIf, after subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to
(i) employees who have remained in City service until the dates specified:

1.(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;

2.(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on 2/16/12February 16, 2012 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and

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3.(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on 2/16/12February 16, 2012 shall be paid at fifty percent (50%) of its cash value to separating employees after this date.

4.(4) Service credit for unused sick leave shall be in accordance with PERS regulations.

9.3 Other Leaves With Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to his/herthe employee’s accumulated sick leave credits or vacation eligibility. The City Manager may grant an additional three (3)
(a) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel time is required to attend the funeral. For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

In the event of the death of a person not immediately related to an employee as
defined above, the employee's department head may grant up to three (3) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave credits.
(b) (b) Court Appearance. Upon approval by the department head, an employee, other than a provisional, part-time, or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:

Said absence from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. Jury duty or

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witness duty appearances shall be considered in terms of actual hours spent from arrival time until the time released from Court. If an employee is not due to appear for jury duty or as a witness until afternoon court session, he/shethey will be expected to work theirhis usual morning schedule. If an employee is required to appear for morning court session and is released before noon and not required to return to court in the afternoon, he/she they shall work the remainder of his/hertheir usual afternoon schedule.

Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.

Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City Treasurer through the employee's department.

Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or oin behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time
necessarily involved, shall not be considered absent from duty within the meaning of this Section.
(c) (c) Court Appearance Pay while in Off Duty Status. When an employee is required by proper authority to appear in court during off-duty hours, said employee shall receive compensation of three (3) hours at time and onehalf (1-1/2) or actual time worked at the appropriate rate, whichever is greater.
(d) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of Reserve Corps or Force of the Federal
(d) Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

All regular status employees in the service of the City shall be allowed leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California.

Said employees shall be reinstated in the service, except as hereinafter stated, providing they are physically fit as shown by a medical examination

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by the City Physician or other physician appointed to make a medical examination.

In the case of a probationary employee having served his their minimum probationary period of twelve (12) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.

All probationary employees inducted into the Military Service not having served the minimum probationary period of twelve (12) months, or having served the minimum probationary period of twelve (12) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.

Two or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified. (e) (e) Management Time Leave. The City shall provide forty (40) hours of paid-management time -leave each fiscal year. The time-management leave of forty (40) hours may not carry over from fiscal year to fiscal year, be used for sell-back purposes, or paid for any unused management leavetime upon separation of City employment.

9.4 Workers' Compensation Leave
Whenever any member of this unit, is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of theirhis duties, he/shethey shall become entitled, regardless of his/hertheir period of service with the City, to a leave of absence while so disabled without loss of salary, in lieu of temporary
disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year, or until such earlier date as he/she isthey are retired on permanent disability pension.

If injury is claimed to be job related, or a recurrence of a previous job- related sickness or injury, it must be verified with a written physician's statement, otherwise disability leave will not be allowed. Any absence not so approved will be charged

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to sick leave if verification is not received.
(a) Forms and Procedures. Workers’ compensation processing shall be (a) consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a workrelated injury or illness is required to seek medical care at facilities designated by the City, unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. The City shall furnish the association the appropriate form for distribution. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.

The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the department head under this Section shall be subject to review by the City Manager, whose ruling shall be final. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.

The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except thoseat employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.

Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from his/hertheir position by reason of an injury or disease for which he/she isthey are entitled to and currently receiving Workers'

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leave of Absence Without Pay
(a) (a) Purpose and Length. Only employees occupying regular status positions on a permanent basis are eligible for leaves of absence without pay, under the provisions of this Section.

An appointing authority may grant leave of absence without pay for personal reasons, up to a maximum of twelve (12) months, with approval of the Director of Human Resources.

Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery there from.

Such a leave will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician's statement. (b) Application for and Approval of Leaves of Absence Without Pay. In order to
(b) receive leave without pay, an employee must submit a request on the prescribed form to thehis department head and the City Manager, describing the reasons for the request and all other information required for the department head, or theirhis representative, to evaluate the request.

Leaves without pay may be canceled by the department at any time.

9.7 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the department or City Manager, or at the expiration of a leave, shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Human Resource DirectorDirector of Human Resources shall be deemed to have voluntarily resigned from the

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 28
City of Stockton except if the absence is due to a verified illness or injury.

SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
The normal work week for Police Unit employees is defined as either the traditional work week consisting of 8 hours per day, 5 days per week; the alternate 9/80 work schedule consisting of 9- hour work days Monday through Thursday, an 8- hour workday on Friday with every other Friday off; or the 4/10 schedule consisting of 10 hour work days. Where operational requirements of a department require deviations from the present schedule, the Police Chief and/or City Manager may institute alternate work schedules, consistent with provisions of the State Law.

SPMA will meet and confer with the City on any proposed changes in work schedule.

10.2 Meal Periods

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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Phase shift employees normally receive a onehalfone-half- (½1/2) hour meal with pay each day.

Other Police Service Management Unit employees will normally receive a one (1) hour meal period without pay.

10.3 Work Furloughs
The existing furlough hours will be placed in a furlough bank. The furlough bank may be carried over from one fiscal year to the next. There shall be no cash value provided for any furlough hours.

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
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SECTION 11. OVERTIME

11.1 Eligibility
Police Service Management employees shall not be eligible for overtime for extra hours worked to perform duties of their assigned positions with the following exceptions:
(a) (a) When assigned to cover the shift of another employee in a comparable position.
(b) (b) When assigned to work due to an emergency situation as required by their department.
(c) (c) When assigned to work on special projects, events, and/or critical incidents as required by the department.
(d) (d) For any hours worked as a result of exceptions (a) through (c), extra hours shall only be compensated at overtime rates if that employee works more than forty (40) hours within the same work week. It is understood that, notwithstanding the additional compensation provided under this section, all employees in the bargaining unit are FLSA exempt.
(e) (e) For the purposes of subsection (d), furlough hours taken, holiday hours taken, observed holidays when the City is closed, bereavement leave, jury duty leave, and sick leave, shall be considered as time worked. Vacation leave, or other time taken as compensated time off not specifically identified above shall not be considered as time worked.

11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Service Management Unit employees.

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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SECTION 12. HOLIDAYS

12.1 Holidays Observed by the City
a.(a) Effective upon the first full pay period following ratification for this MOU Memorandum of Understanding by Stockton Police Management Association and approval by the City Council on its regular Agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this Ssection. The City observes the following holidays on the dates indicated:
(1) (1) New Year’s Day ....................................................... (January 1) (2) (2) Martin Luther King’s Birthday............(Third Monday in January) (3) (3) Lincoln's Birthday....................... (Second Monday in February) (4) (4) Washington's Birthday ....................(Third Monday in February) (5) (5) Cesar Chavez’ Day..(March 31 - Floating for Non-Patrol Lieutenants)
(6) (6) Memorial Day...........................................(Last Monday in May) (7) (7) Independence Day..........................................................(July 4) (8) (8) Labor Day .....................................(First Monday in September) (9) (9) Columbus Day ..............................(Second Monday in October) (10) (10) Veteran's Day .................................................... (November 11) (11) (11) Thanksgiving............................ (Fourth Thursday in November) (12) (12) Day following Thanksgiving .......... (Fourth Friday in November) (13) (13) Christmas Day ................................................... (December 25) (14) (14) Birthday Holiday
b.(b) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, after beginning on the day of the employee’s birthday.
c.(c) For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).

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d.(d) For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the proceeding Friday shall be observed.

For employees in the Police Department on a ten (10) hour shift schedule, holidays that fall on Saturday or Sunday shall be observed on Saturday or Sunday respectively.

In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.

12.2 Holiday Compensation
(a) Captains.

Captains shall receive a five percent (5%) holiday in lieu add pay. This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays.

When the Ppolice Department Administrative offices are closed on a regularly scheduled work day, Captains shall use the appropriate number of hours from
their personal leave time to take the day off. However, at the sole discretion of the Chief or designee, Captains may be scheduled to work on a day when the Police Department Administrative offices are closed. In the event a Captain is scheduled to work on a day when the Police Department Administrative offices are closed, he or shethey will not be required to use vacation leave and will be paid for actual hours worked at straight time. (b) Non-Patrol Lieutenants.

Non-Patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule, and observe City Holidays shall be entitled to take each holiday off with full pay for any one (1) holiday listed in 12.1 above. FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday hours until the actual holiday occurs (March 31). (c) Patrol Assignments.

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(c) Police Lieutenants assigned to the traditional 10-plan Field Operations/Patrol shift schedule shall receive a five percent (5%) holiday in lieu add pay. If Police Lieutenants work on a holiday, actual hours worked will be paid at time and one half (1½) for the work shift.

These members who are permitted to take a holiday off that falls on a regularly schedule work day shall use appropriate leave hours equivalent to the number of hours of their scheduled shift.

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Retirement Contribution Supplement
(a) Public Employees’ Retirement System (P.E.R.S.). For Classic Members, the City shall contribute an amount equal to nine percent (9.0%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691.
(b) P.E.R.S Contribution. Classic Members shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).

Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, Classic Members will pay a total of twelve percent (12%) (nine percent (9%) plus three percent (3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) (c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12.0%) additional Member Contribution over and above Normal Contribution for classic members and a three percent (3.0%) additional Member Contribution over and above Normal Contribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in Section 13.1(b) shall cease.
(d) (d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to P.E.R.S. to

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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provide California Government Code section 20692 (Employer Paid Member Contributions Converted to Pay Rate during the Final Compensation Period) as an additional P.E.R.S. benefit, to be effective upon adoption by the Stockton City Council and the P.E.R.S. Administration Board. At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same nine percent (9%) for the last twelve (12) months of employment. The Internal Revenue Service (IRS) Code 414H(2), whereby employee contributions shall be tax deferred (not subject to taxation until time of constructive receipt) will be concurrently implemented with P.E.R.S. California Government Code section 20692. (e) (e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code section 21024, formerly Section 20930.3 at the employee's expense.
(f) (f) Credit for Unused Sick Leave. The City will provide P.E.R.S. California Government Code section 20965 (Credit for Unused Sick Leave) as added P.E.R.S. benefits.
(g) (g) Fourth Level of 1959 Survivor Benefits. The City will provides P.E.R.S.

California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added P.E.R.S. Administrative Board. (h) (h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with P.E.R.S. for safety members of this unit hired on or before July 1, 2012 is 3% at Age 50. (i) (i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013 and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) (j) PERS Benefits for Employees hired on or after January 1, 2013. (1) Employees with Reciprocity.

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(1) Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% at 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%).
(2) Employees without Reciprocity.

Employees hired on or after January 1, 2013, shall be subject to the AB340
(2) PERS pension formula of 2.7% at 57 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% at 57 as determined by CalPERS.

13.2 Uniform Allowance
Effective July 1, 2016, employees in this unit shall receive as annual compensation, a uniform allowance in the amount of twelve hundred dollars ($1,200.00).

One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.3 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle an employee in this unit will be reimbursed for actual mileage at the current rate established for other employees.

13.4 Police Vehicles
Members of SPMA shall be assigned a police vehicle due to the need for emergency response and command status at all times. This vehicle shall be taken home at night, with the manager maintaining radio contact and monitoring radio traffic until parked. The take-home radius shall be the same distance as the

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alternative work site radius (sixty (60) miles for out-of-town training) measured from the central point of the City.

13.5 Communication Devices
Members of SPMA shall be provided a communication device that will work as a cell phone, connect to the internet, and have the ability for two-way and group electronic communication with other police management, the communication center, and other emergency management personnel throughout the City in an appropriately encrypted manner.

13.6 Certificate Incentive Pay
(a) The City shall pay six percent (6.0%) of the top step in rank for employees who attain a P.O.S.T. Supervisory Certificate.
(a)
(b) The City shall pay an additional five percent (5.0%) for a total of eleven percent (11.0%) of top salary step in rank for employees who attain a P.O.S.T. Management Certificate or higher, upon completion of two (2) (b) continuous years of service in rank and upon completion of a management course.

13.7 Longevity Increment Pay

1.(a) Effective July 1, 2012, the longevity increment shall be effective the first pay period following the anniversary date of hire of the employee as follows:
(1) (a) The City shall pay three-quarters of one percent (.75%) of top salary step in rank for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(b) The City shall pay an additional one and three-quarters percent (2) (1.75%) for a total of two and one- half percent (2.5%), upon completion of eighteen (18) years of continuous service as a public safety member of the Stockton Police Department.
(3) (c) The City shall pay an additional two percent (2%) for a total of four and one-half percent (4.5%), upon completion of twentyfour (24) years of continuous service as a public safety member of the Stockton Police Department.

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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(4) (d) Members of the bargaining unit promoting from the SPOA bargaining unit will be placed at the level of longevity appropriate to their years of service.
(5) (e) For the limited purpose of defining continuous service under this Section of the Memorandum of Understanding, continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw his or hertheir contribution from P.E.R.S.

13.8 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of UnderstandingOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingOU is outside of the City’s control.

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 39
SECTION 14. INSURANCE PLANS

14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).

14.1 Health Insurance and Related Benefits
(a) Health and Welfare Benefits. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any City sponsored health the plan that the City shall offer to regular status employees. Each plan shall offer an eEmployee only, eEmployee plus oOne (1) and eEmployee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees. (b) Eligibility. Employees shall become eligible for mMedical, dDental, and vVision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or hertheir dependent cannot be covered by more than one (1) City-offered health plan). (c) City Contribution Ttowards the Ccost of Iinsurance Pprograms. (1) Effective upon the first full pay period following ratification of this Memorandum of Understanding by the Union and approval by the City Council on its regular agenda in accordance with the Ralph M.

Brown Act but no earlier than July 1, 2022, the City shall contribute the following:
•a. The City shall contribute up to $697.00657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
•b. The City shall contribute up to $1,265.001,192.00 per month

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toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,685.001,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. •
(2) Effective July 1, 20232020, City shall contribute the following:
•a. The City shall contribute up to $711.00670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
•b. The City shall contribute up to $1,290.001,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
•c. The City shall contribute up to $1,719.001,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. (3) Effective July 1, 20242021, City shall contribute the following:
•a. The City shall contribute up to $725.00683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
•b. The City shall contribute up to $1,316.001,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
•c. The City shall contribute up to $1,753.001,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. (4) These contributions are based on full-time employment; regular parttime employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan

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POLICE MANAGEMENT UNIT SUCCESSOR MOU
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to allow for employee contributions for medical, /vision, and /dental to be pre-tax premium conversion.
(4)
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical,/ vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document. (e) The City will keep SPMA informed as to changes to actuarial methods employed by its actuary which materially affect the rates, and permit the opportunity for SPMA to discuss such changes. SPMA will meet and confer with the City mid-term regarding further plan changes.
(f) If legally permissible, the City agrees to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. To the extent legally permissible, Unit members may contribute to Medicare to purchase credit retroactively provided such unit members do so at their own expense, including both the employee and employer share. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.

14.2 Life Insurance
Each employee in this unit will receive group life insurance coverage paid for by the City of Stockton equal to a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 plan vendor.

14.3 Long Term Disability Insurance
The City will contribute the existing premium amount, (currently $24.50 per month) for each employee in this unit to purchase long term disability benefits through their association.

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SECTION 15. SALARY PLAN

15.1 Salary
(a) Cost of Living Adjustment (COLA)
(1) Effective upon the first full pay period following approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, employees will receive a 4% COLA ten percent (10%) increase to base pay (comprised of a 2% COLA and a 8% Market Adjustment).
i.
(2) Effective July 1, 20232021, employees will receive a 2% COLA three percent (3%) increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment).
ii.
(3) Effective July 1, 2024, employees will receive a three percent (3%) increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment). (b) Market Adjustment
i. Effective upon the first full pay period following approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees in the classification of Police Captain and Police Lieutenant will receive a market adjustment of 1%.
ii. Effective July 1, 2021, employees in the classification of Police Sergeant and Police Officer will receive a market adjustment of 0.5%. (c)(b) Lump Sum Payment
i. Each employee who we employed in the bargaining unit as of July 1, 2019 January 1, 2024 and remains employed as of the first full pay period following adoption by the City Council will receive a $1,650 5,000 lump sum non-pensionable bonus (subject to applicable withholdings) to be paid by the second scheduled payday in the same month.

15.2 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

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15.3 Salary Step After Military Leave
All employees who have been granted military leave, upon their return to the City service, are entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.

15.4 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.5 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.6 Salary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, theirhis salary shall not be higher than theirhis salary at the time of theirhis separation unless there has been an increase within the salary range.

15.7 Acting Pay

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Any employee who is assigned, in writing, to work in a higher paid classification and who performs a majority of the duties of that higher position, shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

15.8 Special Assignment Pay
The City Manager may approve additional compensation in an amount up to but not to exceed ninety percent (90%) of the department director’s head’s salary when an
employee is assigned, in writing, by the department director head and with the approval of the City Manager, to perform additional duties and responsibilities for the duration of the special assignment.

15.9 Management Incentive Pay – Special Assignment Differential Effective July 1, 2014, due to the unique nature of their job, non-patrol Lieutenants who are not assigned to the traditional 10- plan Field Operations/Patrol shift schedule, and are assigned to schedules that regularly observe holidays off shall receive a Management Incentive Pay/“Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.

Management Incentive Pay wWhile not all-inclusive, examples of these Lieutenant assignments where Management Incentive Pay would apply include non-patrol positions with the Professional Standards Section Commander, Chief of Staff to the Office of Chief of Police, Traffic Section Commander, Strategic Operations Section Commander, Crimes versus Person/Property Section Commander, Special Investigations Section Commander, Personnel Section Commander, Training Section Commander.

15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.11 Salary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.

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SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by the court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this Memorandum of Understanding, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of Understanding by mutual agreement.

SECTION 19. DURATION OF AGREEMENT
Upon its adoption by the Stockton City Council, this Memorandum of Understanding shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including the 30th day of June 20252022.

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SECTION 20. MAINTENANCE OF OPERATIONS
(a) (a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented thereby agrees to not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) (b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action that it deems appropriate. (c) (c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action as it deems appropriate.
(d) (d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this Memorandum of Understanding.

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SECTION 21. BANKRUPTCY
Stockton Police Management Association (hereinafter “SPMA”), which is defined for the purposes of this section as including without limitation Stockton Police Management Association’s members, bargaining unit members, officials, attorneys, and affiliates,) agrees that this Memorandum of UnderstandingOU shall supersede the terms of all prior MemorandumOUs of Understanding, side letters, and any other agreements between the parties as to the subjects covered herein. SPMA further agrees that it has entered into this agreement voluntarily, and that it shall file no claims in the City’s bankruptcy case based upon the terms of any agreements that precede this Memorandum of UnderstandingOU, or based upon the negotiated terms of this agreement. Nothing herein shall limit claims based up violation of this agreement.

SPMA further agrees that it will not oppose the City’s eligibility for chapter 9 relief. SPMA agrees to support any plan of adjustment the provisions of which, as to SPMA, are consistent with this Memorandum of UnderstandingOU.

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APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective 7/1/22 the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Police Captain 11,314.08 11,893.36 12,502.69 13,143.49 13,817.19 14,523.78 COLA and MA year 1 (10%) 1,131.41 1,189.34 1,250.27 1,314.35 1,381.72 1,452.38 Year 1 - Monthly Salary 12,445.49 13,082.70 13,752.96 14,457.84 15,198.91 15,976.15 COLA and MA year 2 (3%) 373.36 392.48 412.59 433.74 455.97 479.28 Year 2 - Monthly Salary 12,818.85 13,475.18 14,165.55 14,891.58 15,654.87 16,455.44 COLA and MA year 3 (3%) 384.57 404.26 424.97 446.75 469.65 493.66 Year 3 - Monthly Salary 13,203.42 13,879.43 14,590.52 15,338.33 16,124.52 16,949.10 Police Lieutenant 9,806.50 10,309.96 10,837.77 11,392.75 11,976.32 12,589.96 COLA and MA year 1 (10%) 980.65 1,031.00 1,083.78 1,139.27 1,197.63 1,259.00 Year 1 - Monthly Salary 10,787.15 11,340.95 11,921.55 12,532.02 13,173.96 13,848.95 COLA and MA year 2 (3%) 323.61 340.23 357.65 375.96 395.22 415.47 Year 2 - Monthly Salary 11,110.77 11,681.18 12,279.20 12,907.98 13,569.18 14,264.42 COLA and MA year 3 (3%) 333.32 350.44 368.38 387.24 407.08 427.93 Year 3 - Monthly Salary 11,444.09 12,031.61 12,647.57 13,295.22 13,976.25 14,692.35

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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on _____________, and by an affirmative vote of the Stockton City Council on _____________.The parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 20222020.

Stockton Police Management Association City of Stockton ___________________________________ ___________________________________ Eric KaneTimothy Swails Harry Black
President City Manager
___________________________________ _______________________________ Kyle Pierce Timothy Swails Robert BonnerAllison U. Dichoso Vice President Director of Human Resources
Approved as to form: Approved as to form:

Goyette & Associates, Inc. John LuebberkeLori M. Asuncion, Acting City Attorney
By: By:

___________________________________ _______________________________ David SwimRafael Ruano Marci A. Arredondo
Labor Representative for Association Deputy City Attorney By:
_______________________________
Charles SakaiBurke Dunphy
Negotiator for the City
ATTEST:

ELIZA GARZA

CITY CLERK
_______________________________
ELIZA GARZAEliza Garza
City Clerk

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ATTACHMENT A

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252

CITY OF STOCKTON

FIRE UNIT

MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters' Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees in the representation unit identified in Section 1 of this Memorandum of Understanding, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers Milias Brown Act (Government Code sections 3500 3511) (“MMBA”) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours, and other terms and conditions of employment for the period commencing July 1, 202219 and ending on June 30, 20252. This agreement shall supersede all other existing agreements on the matters set forth herein.

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Table of ContentsTABLE OF CONTENTS
SECTION 2. UNION RIGHTS ........................................................................................2

3.1 3.1 ...................................................................... Non-Discrimination/Equal Employment…………………………………………………………………………………... 105

3.2 ...........................................................................Concerted Labor Activity …………………………………………………………………………………………………………
………... 105

4.1 Purpose..................................................................................................116

5.1 Layoff Scope..........................................................................................127

5.2 Notice of Layoff......................................................................................127

5.3 Precedence By Employment Status.......................................................127

5.4 Employee Options..................................................................................138

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SECTION 7.

DISCIPLINE…………………………………………………………………….……………………
………………………………………………....................................................................1510

78.4 Scope of Arbitration .................................................................................12

78.5 Other Provisions ......................................................................................12

9.4 Workers' Compensation Leave …………………………………………………….
26210
2 3
SECTION 10. DAYS AND HOURS OF WORK ......................................................... 3024

11.1 Fair Labor Standards Act (FLSA) Agreement ............................... 3125

11.2 Compensatory Time...................................................................... 3327 SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE ............................................................................................................................SALARY .................................................................................................................................. 3630

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13.2 PERS Benefits for Employees Hired On Or After 07/01/201112/29/2012 and Before
01/01/2013 .......................................................................................... 3731

13.3 PERS Benefits for Employees Hired On Or After 01/01/2013 ............. 3731

13.4 CertificationEducation Incentive Pay.................................................... 3732

13.5 HAZ/MAT Assignment ......................................................................... 3832

13.6 EMT Certification ................................................................................. 3832 3 33

13.9 Contagious Disease
…………………………………………………………………......................................... 3934

13.10 ...................................................................................................................

Acting Pay .................................................................................................... 3934

13.11 .............................................................................................Call-Back Pay 363635

13.12 ........................................................................Deputy Fire Marshal Series 4034
5 13.14 .............................................................................Administrative Positions35

13.15 Longevity Pay
………………………………………………………………………. ................................ 4135

13.16 Wellness-Fitness Program .................................................... 4135

13.17 17 CalPERS Reportability .............................................................. 4236

13.18 18 Lapse of Certification................................................................. 4236 SECTION 14. INSURANCE PLANS.......................................................................... 4337

14.0 0 Reopener Clause For Health Insurance.................................... 4337

14.1 1 Health Insurance And Related Benefits..................................... 4337

14.2 2 .........................................................................................Life Insurance38

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14.3 3 ..............................................................Long Term Disability Insurance 395

14.4 Retiree Medical Trust.............................................................................. 39 0 15.1 1 ........................................................................................Salary Ranges 444440

15.2 2 ...................................................................... Salary Upon Appointment 444440

15.3 3 ................................................................................. Salary Equivalents 444440

15.4 4 ..............................................................Salary Step Plan-Sworn Ranks 444440

15.5 5 .............................................................Salary Step After Military Leave 464642

15.6 6 ....................................... Salary Step When Salary Range is Increased 464642

15.7 7 .............................................. Salary Step After Promotion or Demotion 464642

15.8 8 ........................................................................Salary on Reinstatement 474743

15.9 9 ................................................................................ Salary Adjustments 474743

15.10 Bi-Weekly Pay Period
………………………………………………………………. ......................................... 49434

15.11 Lump Sum Payment ............................................................................. 44

15.11 Lump Sum Payment…………………………………………………………………. 49

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APPENDIX A. City Of Stockton's New Medical Response Squad............................. 5247 APPENDIX B. COLA AND MARKET ADJUSTMENTS TABLE........... 54 48

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SECTION 1. RECOGNITION

1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 Union Recognition
The Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, hereafter referred to as the "Union," is the recognized employee organization for the Firefighters' Unit (“Fire Unit”), certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.

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SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
a.(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union Membership dues deductions.
b.(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) 1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) 2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) 3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) 4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) 5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) 6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) 7. Deduction notifications will be provided to
[email protected]. .
(8) 8. Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay

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period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
c.(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
a. The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department. b. Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and when made shall continue until revoked by the Fire Chief.
c. City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
d. Members of the Union are prohibited from using City equipment and/or time for their personal use.

2.3 Advance Notice
a. Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.
b. In cases of emergency which constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency

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at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representatives designated by the City Manager.

2.4 Attendance at Meetings By Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay, in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements a.(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:. (currently HTE):
(1) 1. Name;
(2) 2. Job title;
(3) 3. Department;
(4) 4. Work location;
(5) 5. Personal cellular telephone numbers, including work and home; (6) 6. Personal email addresses as provided by new hire employee; and
(7) 7. Home address.

The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

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SECTION 3. COMPLIANCE WITH LAWS

3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, creed, color, religion (creed), national origin (ancestry), military or veterans status, physical andor mental disability, medical condition, genetic information, marital status, sexual orientation, sex (sexual, gender based including, pregnancy, /childbirth), breastfeeding or related medical conditions), gender identity/expression, sexual orientation, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Ffederal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Ffederal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.

3.2 Concerted Labor Activity
a.(a) Employees covered by this Memorandum of Understanding will have the right to join and to participate in the activities of the Union for purposes of representation under the MMBA, and will also have the right to refrain from participation of any such activities.
b.(b) Employees covered by this Memorandum of Understanding have the right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal for protected concerted labor activity, under the MMBA. c.(c) Peaceful Performance of MOUMemorandum of Understanding. Employees are free from participating in protected activities or refraining from protected activities. Employees covered in this Memorandum of UnderstandingOU shall not engage in concerted activity in violation of the MMBA.

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SECTION 4. PROBATION

4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his/hertheir position, and for eliminating any probationary employee whose performance does not meet the required standards of work.

4.2 Original Entrance Positions
All original entrance sworn positions shall be subject to a probationary period of eighteen (18) months. The probationary period for entrance sworn positions shall not be extended.

4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee is desired. During the probationary period an employee may be rejected at any time by the appointing authority.

4.4 Promotional Positions
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.

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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of his/hertheir position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.

5.1 Layoff Scope
a.(a) Layoffs shall be within departments of the City.
b.(b) The departments of the City are defined as follows:
(1) 1) Administrative Services Department
(2) 2) City Attorney
(3) 3) City Auditor
(4) 4) City Clerk
(5) 5) City Manager
(6) 6) Community Development Department
(7) 7) Community Services
(8) 8) Economic Development
(9) 9) Fire Department
(10) 10) Human Resources Department
(11) 11) Information Technology Department
(12) 12) Municipal Utilities Department
(13) 13) Police Department
(14) 14) Public Works Department

5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.3 Precedence by Employment Status
a. No permanent regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such permanent regular status employee. The order of layoff among employees not having permanent regular status shall be according to the following categories, as listed in ascending order:
(1)(a) Extra Help

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(2)(b) Provisional
(3)(c) Temporary
(4)(d) Probationary
b. Layoffs shall be by job classification according to the length of time served in that class with the employee having the least amount of time served in the class to be laid off first. For the purpose of this procedure, part time classes shall be considered as separate from and shall be laid off prior to regular full time classes.

The following provisions shall apply in computing total continuous service:
(1)(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(2)(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (3)(c) Time worked in a permanent regular status or probationary status shall count as service time.
c. If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.

5.4 Employee Options
a. Employees laid off shall have the following choices:
(1)(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(2)(b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee working in that classification who has the least (total service) seniority.

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SECTION 6. REEMPLOYMENT
a. When an employee in thewith classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list.
b. As provided below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur. (1)(a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(2)(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2) years from the date of separation due to the layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection (b) are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff. c. The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have his/hertheir name removed from the reemployment list, unless mutually agreed to by the Department and employee. d. If the above listed changes require Civil Service approval, the Association agrees to not object to the changes in duration of reemployment lists consistent with this section.

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
a.(a) File no appeal.
b.(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
c.(c) File a grievance as provided for in Section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.

If the employee fails to do “(b)” or “(c),” above, within the prescribed time frames, those rights will have been waived.

Lesser forms of disciplinary actions such as written reprimands and transfers for purposes of punishment that do not involve loss of pay may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOBR) Informal Discipline Appeal Procedure.”

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SECTION 8. GRIEVANCE PROCEDURES

8.2 Filing Deadline
a. No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time the affected employee received written notification of such action.
b. For purposes of filing appeals and grievances, business days include City of Stockton Office Hours according to the City- Wide calendar published each year.

8.3 Grievance Processing
a.(a) Step 1 - Departmental Review. Any employee who believes that he/she hasclaiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Department within seven (7) working days from the day of presentation, or if the employee elects to submit thehis/her grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
b.(b) Step 2 - Director of Human Resources Review. Any employee or any official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem.

No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
c.(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the

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complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. d.(d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. e.(e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.

8.4 Scope of Arbitration
a. No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Section

8.1, above.
b. Proposals to add to or change this Memorandum of UnderstandingOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of UnderstandingOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. The arbitrator selected pursuant to this sSection shall not have the power to amend or modify this Memorandum of UnderstandingOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
c. No changes in this Memorandum of UnderstandingOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.

8.5 Other Provisions
a. If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the

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arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his/hertheir judgment for the judgment of management and if the arbitrator finds that the City had such right, he/shethey may not order reinstatement and may not assess any penalty upon the City.
b. All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of UnderstandingOU shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the Memorandum of UnderstandingOU which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one -hundred and eighty (180) days from the date upon which the complaint was filed.
c. The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter, or Civil Service Rules and Regulations may be within the sole province and discretion of the Civil Service Commission.
d. All grievances of employees in representation units represented by the Union shall be processed under this section. If the City Charter or Civil Services Rules and Regulations requires that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.
e. No action under Section 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission. f. If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

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SECTION 9. LEAVES

9.1 Vacation Leave
(a) a. Accrued Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(1) 40 40-hour workweek employee:

Under 1.5 years 80 hours

1.5 – 7.5 years 108 hours

7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) (2) 56 -hour workweek employee:

Under 1.5 years 120 hours

1.5 – 7.5 years 162 hours

7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
(b) b. Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Employees shall accrue vacation on a twice-monthly basis.
(1) The maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:

Under 1.5 years 120 hours

1.5 – 7.5 years 240 hours

7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year

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(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:

Under 1.5 years 300 hours

1.5 – 7.5 years 360 hours

7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) c. Longevity Vacation Allowance
(1) (1) This Pprogram is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) (2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) d. Scheduling
(1) 48/96 Shift Schedule.
(1) The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with his/hertheir management responsibility to control and direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:

A.a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.

B.b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
e. Vacation Allowance for Separated Employees.

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(e) Employees separating from City service for any reason who have unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
f. Vacation Allowance Sellback
Effective for fiscal year 2020/2021 and fiscal year 2021/2022, employees may elect to sell back up to a maximum of forty (40) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance, if eligible. Employees who desire to sell back accrued leave hours must make an irrevocable election in December of the preceding fiscal year and identify the number of vacation leave and/or longevity vacation allowance hours they desire to sell back in January and/or July of the subsequent year, up to a total of forty (40) hours per fiscal year.

9.2 Sick Leave
a.(a) Accrual. All regular status employees on a forty (40) hour worka week schedule, except provisional, temporary, and part part-time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service.

All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part part-time employees, working less than a full month shall accrue sick leave on a prorated basis.

Unused sick leave shall accumulate from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
b. Usage.
(1)(b) Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.
(2) An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates him/herthem from performing his/hertheir duties. This includes

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disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.
c. Family Sick Leave.
(1)(c) Employees may utilize fifty percent (50%) of their annual accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave. (2) Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
d. Procedures for Requesting and Approving Sick Leave.
(1)(d) The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty. When the requirement for sick leave is known to the employee in advance of his/hertheir absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.
(2) Before an employee may be paid for the use of accrued sick leave, he/shethey shall complete and submit to the Fire Chief a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for his/herthe request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief.
e. Doctor's Certificate or Other Proof.
(1)(e) If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illness may be required by the Fire Chief.
(2) The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to einsure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.

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f.(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:

1.(1) Was hospitalized during the period for which sick leave is claimed, or

2.(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
g. Accessibility and Reporting.
(1)(g) All officers and members of the Department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee. Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.
(2) All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
h.(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 6:00 p.m.1800 hours on the day prior to theirhis/her next scheduled duty period.

Sick leave may be granted for any period of time approved by the Fire Chief. i.(i) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, except as set forth below all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
j. CalPERS Service Credit for Unused Sick Leave.
(j) Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit, in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.

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(k) k. Sick Leave Retention Benefit.

AIf, after subtracting the equivalent of one (1) full year of service credit two thousand and eighty (2,080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value.

9.3 Other Leaves with Pay
a. Bereavement Leave.
(1)(a) In the event of a death in the immediate family of an employee, the employee shall, upon his/hertheir request, be granted up to three (3) days bereavement leave with pay and without charge to his/hertheir accumulated sick leave credits or vacation eligibilityleave. The City Manager may grant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral. For the purposes of this paragraphsection, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild. (2) In the event of the death of a person not immediately related to an employee, as defined above, the employee's department head may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave credits.
b. Court Appearance.
(1)(b) Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(2)(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.

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(3)(2) Attendance at court or at a deposition while in an on- duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time necessarily involved, shall be considered and paid as hours worked.
(4)(3) Other absences from duty for attendance at court or at depositions shall be without pay.
(5)(4) On-duty employees shall return to work immediately upon release from court.
(6)(5) Attendance at court or at a deposition while in an off off-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, together with travel time, where such travel is to a location outside of San Joaquin County, shall be considered in terms of actual hours spent performing those duties and paid as hours worked.
(7)(6) For the purpose of computing any travel time to be reimbursed by the City in accordance with this section for attendance at court or at a deposition while in an off off-duty status, such travel time shall be deemed to commence from the San Joaquin County Courthouse. c.(c) Maternity Leave. Time off the of workjob for pregnancy, childbirth, and related medical conditions will be covered as required by State and Ffederal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate. Generally, a six (6) week recovery period after delivery is medically indicated. d. Military Leave.
(1)(d) An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
(2) All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency.

Except as hereafter stated, said employees shall be reinstated into City

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service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
(3) In the case of a probationary status employee having served his/hertheir minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the Fire Chief and the City Manager to grant regular status to said employee before induction. (4) All probationary status employees inducted into Military Service not having served the minimum probationary period of eighteen (18) months or having served the minimum probationary period of eighteen (18) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency. Following such leave, said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit, as above specified, and shall serve the balance of their probationary period before attaining regular status.

Two (2) or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment, provided they are physically fit, as above specified.

9.4 Workers' Compensation Leave
a. Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/hertheir duties, he/shethey shall become entitled, regardless of his/hertheir period of service with the City, to leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as he/she isthey are retired on permanent disability pension.
b. If the injury is claimed to be job-related or a recurrence of a previous jobrelated sickness or injury, it must be verified with a written physician's statement.

Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78).

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(1)(a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(2) Accessibility and Reporting.

A.(b) All officers and members of the Department on leave for injury (job-related or non non-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.

B. All officers and members of the Department on leave for injury (jobrelated or non non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (3)(c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours6:00 p.m. on the day prior to his/hertheir next scheduled duty period. (4)(d) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with Sstate workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
a. Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code.

Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
b. All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.

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c. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.
d. The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence. e. Authorized absences without pay that exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from his/hertheir position by reason of an injury or disease for which he/she isthey are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leaves of Absence Without Pay
a.(a) Purpose and Length. Only employees occupying regular positions on a permanent regular status basis are eligible for leaves of absence without pay under the provisions of the section.
b. An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.
c. Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.
d. Such a leave will be granted only after all accrued sick leave credits hasve been used and shall be substantiated by a physician's statement. e.(b) Application For and Approval of Leaves of Absence Without Pay. In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief orf the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.

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9.7 Absence Without Official Leave (AWOL)
a.(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Department or City Manager or at the expiration of a leave shall be considered an absence without leave. b.(b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Human Resources Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.

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SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
a. The regularly scheduled workweek for each member of the Fire Unit assigned to fire suppression duties shall average fifty six (56) hours over a twelve (12) week period. The regularly scheduled workweek for each member of the Fire Unit assigned to work in the Department’s administrative offices, the Fire Prevention Bureau, or the Division of Training shall be forty (40) hours. Other work periods may be declared by the Fire Chief for some or all members of the Fire Unit when dictated by operational requirements of the Fire Department.
b. All working shifts will commence at 8:00 a.m0800 hours., with the exception of the employees assigned to work in the Fire Administration Office, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.

10.2 Shift Trades
a. Fire Unit employees will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief or the Fire Chief’s designee in accordance with Article J, Section 2 of the Fire Department Procedures Manual, which provides for Fire Unit employees to have up to a maximum of nine (9) uncompleted shift trades at any one time and that the period during which shifts are to be traded and paid back shall not exceed twelve (12) months. b. Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.

10.3 Staffing Policy
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.

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SECTION 11. OVERTIME

11.1 Fair Labor Standards Act (FLSA) Agreement
a.(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
b.(b) “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy. (c) 24-hour Sshift Eemployees.
c.
(1) Employees currently assigned to a twenty- four (24) day work period will be paid overtime rate for hours worked in excess of one hundred and eighty-two (182) hours in a 24 day work period.
(1)
(2) Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive three point one six (3.16) hours per pay period for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
d.(d) For Day Shift employees, overtime shall be paid at the rate of time and one half (1-½-1/2) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Bereavement Leave, Jury Duty Leave, Industrial Illness or Injury Leave (4850) taken within the work period when 4850 leave begins or ends, and Sick Leave shall also count as actual time worked. Vacation leave or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in Administrative assignments where holidays are observed only.
(f) Notwithstanding subparagraph “e” above, effective as soon as administratively possible but no later than the second full pay period following adoption of this agreement by the City Council, vacation leave taken within the work period shall also count as actual time worked. The parties agree that the cost value

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of this modification is approximately thirty-twofive one-hundredths percent (0.352%) of salary for the bargaining unit. During the final year of this MOU, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or continuation of this structure as part of successor contract negotiations.
e.
f.(g) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment. g.(h) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative. h.(i) Rank for Rank Relief. In providing relief, Fire Unit employees may work in a rank lower than the rank which they currently hold, but may not provide relief by working in a rank above their current rank, except in extraordinary circumstances.
i.(j) Continuing Education for Paramedics. Upon prior approval of the Fire Chief the City will compensate members of the Fire Unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
j.(k) Conflict Resolution. The City and the Union will cooperate with each other to promptly resolve any disagreement that may arise during the term of this Memorandum of UnderstandingOU regarding compliance with the FLSA. Any dispute involving the interpretation or application of the FLSA may be referred to the City Manager by the complaining party or by the Director of Human

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Resources. Such referral will be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager will designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides. k.(l) Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a 40-hour work week and overtime shall be paid in accordance with 11.1(f)(d)(de) above (this will not include FLSA pay based on a 56-hour work week as a Paramedic add pay be due).

11.2 Compensatory Time
a.(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or in excess of their normal work schedule. b.(b) Use. Such compensatory time must be taken during the same work period in which it is earned in accordance with Section 11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that he/she isthey are unable to take accrued compensatory time during the day same work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½1/2) depending upon the number of hours worked by the employee during the work period consistent with Section 11.1 above. c.(c) Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.

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SECTION 12. HOLIDAYS
(a) a. Effective upon the first full pay period following ratification of this Memorandum of UnderstandingOU by the Fire Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) New Year’s Day ........................................................................................... ..................................................................................................................... (January 1)
(2) Martin Luther King’s Birthday....................................................................... (Third Monday in January)
(3) Lincoln’s Birthday......................................................................................... ..................................................................................................................... (Second Monday in February)
(4) Washington’s Birthday ................................................................................. ..........................................................................(Third Monday in February) (5) Cesar Chavez Day....................................................................................... ..................................................................................................................... (March 31 - FLOATING)
(6) Memorial Day............................................................................................... ..................................................................................................................... (Last Monday in May)

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(7) Independence Day....................................................................................... ..................................................................................................................... (July 4)
(8) Labor Day .................................................................................................... ..................................................................................................................... ........................................................................(First Monday in September) (9) Columbus Day ............................................................................................. ..................................................................................................................... (Second Monday in October)
(10) Veterans’ Day .............................................................................................. ..................................................................................................................... (November 11)
(11) Thanksgiving................................................................................................ ..................................................................................................................... ................................................................... (Fourth Thursday in November) (12) The day following Thanksgiving................................................................... (Fourth Friday in November)
(13) Christmas Day ............................................................................................. ..................................................................................................................... (December 25)
(14) Birthday Holiday
b.(b) Effective July 1, 2021, 0.41% will be added to the suppression classifications on the salary schedule for the Birthday Holiday.
c.(c) Effective August 1, 2011, the differential for Administrative Captain and Other Administrative Positions in Ssections 13.12 and 13.14 will be increased by the 6.34%. d.(d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.

For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.

There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). e.(e) For positions that observe holidays, in order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday. f.(f) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday

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holiday to be taken within sixty (60) calendar days after beginning on the day of the employee’s birthday.

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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
a.(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
b.(b) Additional CalPERS Benefits.
(1) 1. The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to 2,080 hours (Government Code Ssection 20965), Survivor Benefit Level 4 (Government Code Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code section Section 21635), Continuation of Death Benefits After Remarriage (Government Code section Section 21551), and Military Service Credit as Public Service and for Retired Persons at the employees’ expense (Government Code sections Sections 21024 and 21027).
(2) 2. The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this Memorandum of UnderstandingOU.
c.(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by state law towards the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code section Section 20691.
d.(d) EPMC Payrate Conversion. The City will cease paying the nine percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays his/hertheir nine percent (9%) employee contribution on a pretax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve month period prior to the effective date of retirement. Employees who wish to select this option, shall

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indicate this on the City’s EPMC Authorization form provided by Human Resources.
e.(e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012 agree to continue sharing the cost of the CalPERS 3% at@ 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than nine percentthe (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll dreduction. If during the term of this agreement legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution, thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible, consistent with CalPERS regulations, to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.

13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 who qualify as “classic” members, with the CalPERS 3% @at 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pretax basis toward the employee contribution for the pension benefit and are not subject to the Government Code Ssection 20516 Cost Sharing provision in Section 13.1 (e) above.

13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% at@ 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.

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Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal” cost as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code section Section 20516 Cost Sharing provision in Section 13.1 (e) above.

13.4 Education Incentive Pay
a.(a) Employees who satisfy the educational and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of rank for sworn Fire Unit employees.
b.(b) Employees who satisfy the educational and service requirements for an advanced education certification shall receive five percent (5%) of the top step rank for sworn Fire Unit employees.

13.5 HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of rank for sworn Fire Unit employees actively assigned to the HAZ/MAT response team. This section applies to a total certified and assigned complement of twenty- one (21) employees. The Fire Chief or theirhis/her designee shall ensure that employees with HAZ/MAT certification are assigned to back fill vacancies on the HAZ/MAT response team due to events such as vacation or sick leave and that such employees receive the five percent (5%) temporary add pay while working the vacant assignment.

13.6 Emergency Medical Technician Certification
a. It is the policy of the Stockton Ffire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below. b. Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout his/hertheir career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.

All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member

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fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt orf the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR c. training and certification by the Division of Training prior to assignment to line fire suppression activities.
d. Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one (1) pay grade until EMT re-certification is achieved. e. A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination. f. Any disputes that result from this agreement shall be handled in accordance with the current Memorandum of UnderstandingOU grievance procedures.

13.7 Paramedic Certification
a.(a) The City shall pay Fire Unit employees who are assigned to Paramedic duties and possess a valid Paramedic certificate as follows:
(1) Paramedic Firefighter Step I: Six percent (6%) above top step of current applicable rank.
(1)
(2) Paramedic Firefighter Step III: Eight and one-half percent (8.5%) above top step of current applicable rank.
(2)
(3) Paramedic Firefighter Step V: Nine percent (9%) above top step of current applicable rank.
(3)
(4) Paramedic Engineer: Six percent (6%) above Engineer top step. (4)
(5) Paramedic Fire Captain: Six percent (6%) above Fire Captain top step.

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13.8 Uniform Allowance
Employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.9 Contagious Disease
The City shall make available, at no cost to the employee, screenings for all strains of hepatitis, hepatitis B vaccinations, and shall monitor employees’ exposure to tuberculosis.

13.10 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

13.11 Call-Back Pay
a. An employee called back to work to assist with a multiple alarm fire or other emergency situation after he/ she hasthey have worked a scheduled shift and haves departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½-1/2) of his/hertheir regular rate of pay for time worked, whichever is greater.
b. The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis.

13.12 Deputy Fire Marshal Series
(a) Employees assigned as Deputy Fire Marshals and are designated as administrative positions shall be paid as follows:
(1) Deputy Fire Marshal I: Two and one-half percent (2.50%) above Firefighter top step
(2) Deputy Fire Marshal II: Five percent (5%) above Firefighter top step

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(3) Deputy Fire Marshal III: Seven and one-half percent (7.50%) above Firefighter top step
(4) Deputy Fire Marshal IV: Ten percent (10%) above Firefighter top step
(5) Fire Captain (FM III): Ten percent (10%) above Fire Captain top step

13.13 Fire/Engineer Operator
Employees assigned as Fire/Engineer Operators shall be paid five percent (5%) above the Engineer top step.

13.14 Administrative Positions
(a) a. Administrative Captain. Employees assigned as Administrative Captains shall be paid at a rate that is thirteen point three three percent (13.33%) above the amount paid to Captains assigned to fire suppression duties. Note: The FLSA rate was 3.33% so this rate is not increasing. (b) b. Administrative Firefighter. Fire Unit employees assigned as an Administrative Firefighter shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter with pay increases of two and one-half percent (2.50%) per annum year to a maximum of thirteen point three three percent (13.33%). Note: The FLSA rate was 3.33% so this rate is not increasing.
(c) c. Administrative Firefighter/Engineer. Fire Unit employees assigned as an Administrative Firefighter/Engineer shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter/Engineer with pay increases of two and one-half percent (2.50%) per annum year to a maximum of thirteen point three three percent (13.33%). Note: The FLSA rate was

3.33%, so this rate is not increasing.

13.15 Longevity Pay
(a) (a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one quarter percent (1.25%) of top step pay for their classification. (b) (b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous

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employment with the City shall receive an additional eight and three-quarters percent (8.75%) of top step pay for their classification. Effective July 1, 2016, the City agrees to continue the Tier Two longevity pay for the eligible members at the 8.75% rate, rather than the previously negotiated rate of four and threequarters (4.75%) based on the association’s agreement in prior Memoranda of UnderstandingMOU’s to redirect City HRA contributions to buy back this benefit.

13.16 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
a.(a) Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements. b.(b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
c.(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. d.(d) Labor The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.

13.17 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of UnderstandingOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingOU is outside of the City’s control.

13.18 Lapse of Certification
An employee receiving an add pay under section Section 13 of this Memorandum of UnderstandingOU, whose certification lapses will not be eligible for the add pay and

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will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

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SECTION 14. INSURANCE PLANS

14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.

14.1 Health Insurance and Related Benefits
a.(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus oOne and Employee plus two or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
b.(b) Eligibility. Employees shall become eligible for Medical, Dental, and Vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or hertheir dependent cannot be covered by more than one (1) City-offered health plan).
c.(c) City Contribution Towards the Cost of Insurance Programs. 1)(1) Effective the first full pay period following adoption by the City Council,July 1, 2022, the City shall contribute the following:
a. Up to $697657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,2651,192.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. c. Up to $1,6851,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

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(2) 2) Effective July 1, 20232020, the City shall contribute the following:
a. a. Up to $711670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. b. Up to $1,2901,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. c. Up to $1,7191,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(3) `````````3) Effective July 1, 20242021, the City shall contribute the following:
a. a. Up to $725683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. b. Up to $1,3161,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. c. Up to $1,7531,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more
dependents medical/dental/vision plan coverage.

These contributions are based on full-time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion. d.(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, /vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document.

14.2 Life Insurance
Effective July 1, 2012, tThe City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In

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FIRE UNIT MEMORANDUM OF UNDERSTANDING
addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

14.3 Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.

14.4 Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Unit members to be contributed to the Trust.

The Trust shall be and remain separate and apart from any Employer health insurance funding program.

Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a payroll deduction. This contribution amount shall be included in the above-referenced notice to the City. Individuals who attain regular status starting employment with the City in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.

To the extent authorized by law, all contributions shall be made on a pre-tax basis.

The employee assumes full responsibility and liability for tax consequences related to contributions to and/or withdrawals from the Trust. There shall be no employee election or option to take the contribution amount in cash. The Union has the right to alter the amount of salary deduction during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Union’s bylaws and applicable laws. The Union shall provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.

The City shall not charge the Union or Fire Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 43

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Unit members in the Trust.

The Union agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.

The City provides no guarantee to employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this contract shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this contract.

The City’s obligation to provide pre-tax deposits would remain subject to Internal Revenue Service rules as they may be revised in the future. Should the Internal Revenue Service later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from employee compensation.

Participation in the Trust shall be the complete and sole responsibility of the union.

The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect to the Trust. The City has no fiduciary duty with respect to the Trust.

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 44

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
SECTION 15. SALARY PLAN

15.1 Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unless the schedule specifically indicates otherwise. The Salary Schedule on the City of Stockton’s Human Resources Site shall provide salary rates for the classifications in the Fire Unit.

15.2 Salary Upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which the employee is appointed. When circumstances warrant, the City Manager may approve an entrance salary that is more than the minimum salary for the class. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.

15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.4 Salary Step Plan-Sworn Ranks
a.(a) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the classifications of Firefighter/Engineer and Fire Captain.
b.(b) The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first step after receiving the recommendation of the department head. The same provisions shall apply to hourly paid and part-time employees.)
c.(c) If a department head recommends to withhold increases to salary steps two (2) through nine (9) because an employee has not achieved the level of

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TERM: JULY 1, 202219 – JUNE 30, 20252
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FIRE UNIT MEMORANDUM OF UNDERSTANDING
performance required, notice must be received by the City Manager at least four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation.
d.(d) The second step shall be paid upon the employee’s satisfactory completion of the Fire Academy and upon the written recommendation of the department head.
e.(e) The third step shall be paid upon the satisfactory completion of six (6) months of service at the second step upon the written recommendation of the department head.
f.(f) The fourth step shall be paid upon the satisfactory completion of six (6) months of service at the third step upon the written recommendation of the department head.
g.(g) The fifth step shall be paid upon the satisfactory completion of one (1) year of service at the fourth step upon the written recommendation of the department head.
h.(h) The sixth step shall be paid upon the satisfactory completion of one (1) year of service at the fifth step and written recommendation of the department head. i.(i) The seventh step shall be paid upon the satisfactory completion of one (1) year of service at the sixth step and upon the written recommendation of the department head.
j.(j) The eighth step shall be paid upon the satisfactory completion of one (1) year of service at the seventh step and upon the written recommendation of the department head.
k.(k) The ninth step shall be paid upon the satisfactory completion of six (6) months of service at the eighth step and upon the written recommendation of the department head.
l.(l) As an exception to the foregoing, employees promoted to the rank of Fire Captain shall be eligible for step increases upon the satisfactory completion of six (6) months’ service in each step of the Fire Captain Salary range. Also, employees holding the rank of Firefighter/Engineer shall be subject to step increase intervals of one (1) year. However, the Firefighter/Engineer rank shall be limited to six (6) salary steps. Regardless of an employee's length of service, step advancements may be made upon recommendation of the department head, but not above Step No. 6 of the Firefighter/Engineer and

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 46

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Captain Salary ranges, and not above Step No. 9 of the Firefighter salary range.
m.(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date. n.(n) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
o.(o) Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.5 Salary Step After Military Leave
All employees who have been granted military leave shall, upon their return to the City service, beare entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.

15.6 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.7 Salary Step After Promotion or Demotion
a. When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5.0%) above the current base pay salary on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary afteron promotion rules shall apply. b. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 47

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING

15.8 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, his/hertheir salary shall not be higher than his/hertheir salary at the time of his/hertheir separation unless there has been an increase within the salary range.

15.9 Salary Adjustments
(a) Effective the first full pay period following adoption by City Council, employees will receive a four percent 4% cost of living adjustment (COLA). Effective July 1, 2021, employees will receive a two percent (2%) COLA. (a) Effective upon the first full pay period following approval by the City Council on its regular agenda, in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, all bargaining unit classifications will receive a five point sixty eight nine point six five percent (5.689.65%) increase to base pay (comprised of a two percent (2%) COLA and a seven point six five three point sixty eight percent (3.67.658%) Market Adjustment).
(b) Effective the first full pay period following adoption by the City Council, employees will receive a one percent (1%) market salary adjustment. (b) Effective July 1, 2023, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a onethree percent (13%) Market Adjustment). .
(c) Effective July 1, 2024, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a threeone percent (13%) Market Adjustment).

15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.11 Lump Sum Payment
Each employee who is employed in the bargaining unit as of July 1, 2019January 1, 2024 and remains employed as of the first full pay period following adoption of this Agreement will receive a five thousand ($5,000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month. of $1,650.

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 48

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of UnderstandingOU are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of UnderstandingOU shall be null and void but such nullification shall not affect any other provisions of this Memorandum of UnderstandingOU, all of which other provisions shall remain in full force and effect.

SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING a. Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of UnderstandingOU.
b. This Memorandum of UnderstandingOU shall supersede all existing Mmemoranda of Uunderstanding between the City and the Union.

SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this Memorandum of UnderstandingOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.

SECTION 19. DURATION OF AGREEMENT
All provisions of this Memorandum of UnderstandingOU shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including June 30, 20252.

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 49

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
SECTION 20. MAINTENANCE OF OPERATIONS
a.(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of UnderstandingOU, through and inclusive of June 30, 20252, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing), against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
b.(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has engaged in any activity prohibited by subsection (“a)” of this section. In addition, the City may take other action that it deems appropriate. c.(c) If the City Council, by majority vote, determines to its satisfaction that subsection (“a)” of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
d.(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of UnderstandingOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 50

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
APPENDIX A: City of Stockton’s New Medical Response Squad At such time when the department is sufficiently staffed to allow for the staffing of a Medical Response Squad, without incurring additional mandatory overtime within the department, the parties agree to reopen negotiations solely for the purpose of meeting and conferring over any negotiable impacts associated with adding a new Medical Response Squad.

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 51

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
APPENDIX A. COLA and Market Adjustments
Year 1- Effective 7/1/22; the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6 7 8 9
Fire Captain 7,257.16 7,630.30 8,021.79 8,434.05 8,867.15 9,323.48 - - - COLA and MA year 1 (9.65%) 700.32 736.32 774.10 813.89 855.68 899.72 - - - Year 1 - Monthly Salary 7,957.47 8,366.62 8,795.89 9,247.93 9,722.83 10,223.19 - - - COLA and MA year 2 (3%) 238.72 251.00 263.88 277.44 291.68 306.70 - - - Year 2 - Monthly Salary 8,196.20 8,617.62 9,059.77 9,525.37 10,014.51 10,529.89 - - - COLA and MA year 3 (3%) 245.89 258.53 271.79 285.76 300.44 315.90 - - - Year 3 - Monthly Salary 8,442.08 8,876.15 9,331.56 9,811.13 10,314.95 10,845.78 - - - Fire Captain - Admin 6,839.34 7,191.06 7,560.07 7,948.68 8,356.90 8,787.04 - - - COLA and MA year 1 (9.65%) 660.00 693.94 729.55 767.05 806.44 847.95 - - - Year 1 - Monthly Salary 7,499.34 7,885.00 8,289.62 8,715.73 9,163.34 9,634.99 - - - COLA and MA year 2 (3%) 224.98 236.55 248.69 261.47 274.90 289.05 - - - Year 2 - Monthly Salary 7,724.32 8,121.55 8,538.31 8,977.20 9,438.24 9,924.04 - - - COLA and MA year 3 (3%) 231.73 243.65 256.15 269.32 283.15 297.72 - - - Year 3 - Monthly Salary 7,956.05 8,365.19 8,794.46 9,246.52 9,721.38 10,221.76 - - - Fire Captain (22 years) 7,892.16 8,297.95 8,723.68 9,172.04 9,643.02 10,139.28 - - - COLA and MA year 1 (9.65%) 761.59 800.75 841.84 885.10 930.55 978.44 - - - Year 1 - Monthly Salary 8,653.75 9,098.70 9,565.52 10,057.14 10,573.58 11,117.72 - - - COLA and MA year 2 (3%) 259.61 272.96 286.97 301.71 317.21 333.53 - - - Year 2 - Monthly Salary 8,913.36 9,371.66 9,852.48 10,358.86 10,890.78 11,451.25 - - - COLA and MA year 3 (3%) 267.40 281.15 295.57 310.77 326.72 343.54 - - - Year 3 - Monthly Salary 9,180.76 9,652.81 10,148.06 10,669.62 11,217.51 11,794.79 - - - Fire Captain (22 years) -
Admin 7,437.78 7,820.28 8,221.59 8,644.18 9,088.13 9,555.90 - - - COLA and MA year 1 (9.65%) 717.75 754.66 793.38 834.16 877.00 922.14 - - - Year 1 - Monthly Salary 8,155.53 8,574.94 9,014.97 9,478.34 9,965.14 10,478.05 - - - COLA and MA year 2 (3%) 244.67 257.25 270.45 284.35 298.95 314.34 - - - Year 2 - Monthly Salary 8,400.20 8,832.19 9,285.42 9,762.69 10,264.09 10,792.39 - - -

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 52

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
COLA and MA year 3 (3%) 252.01 264.97 278.56 292.88 307.92 323.77 - - - Year 3 - Monthly Salary 8,652.20 9,097.15 9,563.98 10,055.57 10,572.01 11,116.16 - - - Fire Fighter 4,772.67 5,018.13 5,276.35 5,547.28 5,833.26 6,133.15 6,448.09 6,779.23 7,127.75 COLA and MA year 1 (9.65%) 460.56 484.25 509.17 535.31 562.91 591.85 622.24 654.20 687.83 Year 1 - Monthly Salary 5,233.23 5,502.37 5,785.52 6,082.60 6,396.17 6,725.00 7,070.33 7,433.42 7,815.57 COLA and MA year 2 (3%) 157.00 165.07 173.57 182.48 191.89 201.75 212.11 223.00 234.47 Year 2 - Monthly Salary 5,390.23 5,667.45 5,959.08 6,265.07 6,588.06 6,926.75 7,282.44 7,656.43 8,050.04 COLA and MA year 3 (3%) 161.71 170.02 178.77 187.95 197.64 207.80 218.47 229.69 241.50 Year 3 - Monthly Salary 5,551.93 5,837.47 6,137.86 6,453.03 6,785.70 7,134.55 7,500.91 7,886.12 8,291.54 Fire Fighter - Admin 4,497.55 4,728.93 4,972.30 5,227.68 5,497.26 5,779.93 6,076.79 6,388.91 6,717.41 COLA and MA year 1 (9.65%) 434.01 456.34 479.83 504.47 530.49 557.76 586.41 616.53 648.23 Year 1 - Monthly Salary 4,931.56 5,185.27 5,452.13 5,732.15 6,027.75 6,337.69 6,663.20 7,005.44 7,365.64 COLA and MA year 2 (3%) 147.95 155.56 163.56 171.96 180.83 190.13 199.90 210.16 220.97 Year 2 - Monthly Salary 5,079.51 5,340.82 5,615.69 5,904.12 6,208.58 6,527.82 6,863.10 7,215.60 7,586.61 COLA and MA year 3 (3%) 152.39 160.22 168.47 177.12 186.26 195.83 205.89 216.47 227.60 Year 3 - Monthly Salary 5,231.89 5,501.05 5,784.16 6,081.24 6,394.84 6,723.66 7,068.99 7,432.07 7,814.21 Fire Fighter (22 years) 5,457.22 5,738.03 6,032.67 6,343.68 6,669.81 7,012.30 7,372.41 7,751.42 - COLA and MA year 1 (9.65%) 526.62 553.72 582.15 612.16 643.64 676.69 711.44 748.01 - Year 1 - Monthly Salary 5,983.84 6,291.75 6,614.82 6,955.84 7,313.44 7,688.99 8,083.85 8,499.43 - COLA and MA year 2 (3%) 179.52 188.75 198.44 208.68 219.40 230.67 242.52 254.98 - Year 2 - Monthly Salary 6,163.35 6,480.50 6,813.26 7,164.52 7,532.84 7,919.66 8,326.36 8,754.42 - COLA and MA year 3 (3%) 184.90 194.42 204.40 214.94 225.99 237.59 249.79 262.63 - Year 3 - Monthly Salary 6,348.25 6,674.92 7,017.66 7,379.45 7,758.83 8,157.25 8,576.15 9,017.05 - Fire Fighter (22 years) -
Admin 5,142.71 5,407.38 5,684.42 5,978.27 6,285.68 6,608.51 6,947.94 7,305.18 - COLA and MA year 1 (9.65%) 496.27 521.81 548.55 576.90 606.57 637.72 670.48 704.95 - Year 1 - Monthly Salary 5,638.98 5,929.20 6,232.96 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (3%) 169.17 177.88 186.99 196.66 206.77 217.39 228.55 240.30 - Year 2 - Monthly Salary 5,808.15 6,107.07 6,419.95 6,751.83 7,099.01 7,463.62 7,846.97 8,250.44 - COLA and MA year 3 (3%) 174.24 183.21 192.60 202.55 212.97 223.91 235.41 247.51 - Year 3 - Monthly Salary 5,982.39 6,290.28 6,612.55 6,954.38 7,311.98 7,687.53 8,082.38 8,497.95 - Fire Fighter Engineer 6,355.55 6,681.67 7,026.03 7,386.21 7,765.86 8,164.98 - - - COLA and MA year 1 (9.65%) 613.31 644.78 678.01 712.77 749.41 787.92 - - - Year 1 - Monthly Salary 6,968.86 7,326.45 7,704.04 8,098.97 8,515.27 8,952.91 - - - COLA and MA year 2 (3%) 209.07 219.79 231.12 242.97 255.46 268.59 - - -

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 53

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Year 2 - Monthly Salary 7,177.92 7,546.24 7,935.17 8,341.94 8,770.73 9,221.49 - - - COLA and MA year 3 (3%) 215.34 226.39 238.05 250.26 263.12 276.64 - - - Year 3 - Monthly Salary 7,393.26 7,772.63 8,173.22 8,592.20 9,033.85 9,498.14 - - - Fire Fighter Engineer -
Admin 5,989.48 6,296.89 6,621.48 6,960.99 7,318.84 7,694.81 - - - COLA and MA year 1 (9.65%) 577.98 607.65 638.97 671.74 706.27 742.55 - - - Year 1 - Monthly Salary 6,567.47 6,904.54 7,260.45 7,632.72 8,025.11 8,437.36 - - - COLA and MAyear 2 (3%) 197.02 207.14 217.81 228.98 240.75 253.12 - - - Year 2 - Monthly Salary 6,764.49 7,111.68 7,478.27 7,861.70 8,265.86 8,690.48 - - - COLA and MA year 3 (3%) 202.93 213.35 224.35 235.85 247.98 260.71 - - - Year 3 - Monthly Salary 6,967.43 7,325.03 7,702.61 8,097.55 8,513.84 8,951.20 - - - Fire Fighter Engineer (22
years) 6,911.65 7,266.30 7,640.82 8,032.50 8,445.37 8,879.42 - - - COLA and MA year 1 (9.65%) 666.97 701.20 737.34 775.14 814.98 856.86 - - - Year 1 - Monthly Salary 7,578.63 7,967.50 8,378.16 8,807.63 9,260.35 9,736.28 - - - COLA and MA year 2 (3%) 227.36 239.02 251.34 264.23 277.81 292.09 - - - Year 2 - Monthly Salary 7,805.99 8,206.52 8,629.50 9,071.86 9,538.16 10,028.37 - - - COLA and MA year 3 (3%) 234.18 246.20 258.88 272.16 286.14 300.85 - - - Year 3 - Monthly Salary 8,040.16 8,452.72 8,888.38 9,344.02 9,824.30 10,329.22 - - - Fire Fighter Engineer (22
years) - Admin 6,513.56 6,847.87 7,200.86 7,570.07 7,959.23 8,368.11 - - - COLA and MA year 1 (9.65%) 628.56 660.82 694.88 730.51 768.07 807.52 - - - Year 1 - Monthly Salary 7,142.12 7,508.69 7,895.74 8,300.59 8,727.30 9,175.63 - - - COLA and MA year 2 (3%) 214.26 225.26 236.87 249.02 261.82 275.27 - - - Year 2 - Monthly Salary 7,356.39 7,733.95 8,132.61 8,549.60 8,989.12 9,450.90 - - - COLA and MA year 3 (3%) 220.69 232.02 243.98 256.49 269.67 283.53 - - - Year 3 - Monthly Salary 7,577.08 7,965.97 8,376.59 8,806.09 9,258.79 9,734.43 - - - Fire Fighter Trainee 4,772.67 - - - - - - - -
COLA and MA year 1 (9.65%) 460.56 - - - - - - - -
Year 1 - Monthly Salary 5,233.23 - - - - - - - -
COLA and MA year 2 (3%) 157.00 - - - - - - - -
Year 2 - Monthly Salary 5,390.23 - - - - - - - -
COLA and MA year 3 (3%) 161.71 - - - - - - - -
Year 3 - Monthly Salary 5,551.93 - - - - - - - -

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 54

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on the ______ day of_________, 2022 2020 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________, 2022 2020.

STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters
City of Stockton
___________________________________ _________________________________

MARIO GARDEA HARRY BLACK
President City Manager
___________________________________

MICAH MORI
Fire Unit Representative
___________________________________ _________________________________ SCOTT WATKINS ROBERT BONNERALLISON U.

DICHOSO
Fire Unit Representative Director of Human Resources
Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC John LuebberkeLORI M.

ASUNCION[NAME], Acting City Attorney
By: By:

By:
________________________________ _________________________________ TIMOTHY TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney
_________________________________ MARCI A. ARREDONDO
Deputy City Attorney
By:
_________________________________

BURKE DUNPHY DANIA TORRES
WONG
Negotiator for the City

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 55

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
ATTEST:

ELIZA GARZA

CITY CLERK
_________________________________

ELIZA GARZA
City Clerk

APPENDIX B

MARKET ADJUSTMENTS
Year 1- eff. the first full pay period following adoption of this agreement by the City Council; Year 3-eff. 7/1/21 Steps
1 2 3 4 5 6 7 8 9
Fire Captain

6,748.93

7,095.94

7,460.01

7,843.40

8,246.17

8,670.54 - - -
COLA year 1 (4%)

269.96

283.84

298.40

313.74

329.85

346.82 - - -
MA year 1 (1%)

67.49 70.96

74.60 78.43

82.46 86.71 - - -
Year 1 - With COLA and
Market Adjustment

7,086.38

7,450.74

7,833.01

8,235.57

8,658.48

9,104.07 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

7,086.38

7,450.74

7,833.01

8,235.57

8,658.48

9,104.07 - - -
COLA year 3 (2%)

141.73

149.01

156.66

164.71

173.17

182.08 - - -
Birthday Holiday year 3
(0.41%)

29.05 30.55

32.12 33.77

35.50 37.33 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

7,257.16

7,630.30

8,021.79

8,434.05

8,867.15

9,323.48 - - -
Fire Captain - Admin

6,385.94

6,714.34

7,058.89

7,421.74

7,802.89

8,204.52 - - -
COLA year 1 (4%)

255.44

268.57

282.36

296.87

312.12

328.18 - - -
MA year 1 (1%)

63.86 67.14

70.59 74.22

78.03 82.05 - - -
Year 1 - With COLA and
Market Adjustment

6,705.24

7,050.06

7,411.83

7,792.83

8,193.03

8,614.75 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,705.24

7,050.06

7,411.83

7,792.83

8,193.03

8,614.75 - - -
COLA year 3 (2%)

134.10

141.00

148.24

155.86

163.86

172.29 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

6,839.34

7,191.06

7,560.07

7,948.68

8,356.90

8,787.04 - - -

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 56

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Captain (22 years)

7,339.46

7,716.83

8,112.75

8,529.71

8,967.71

9,429.21 - - -
COLA year 1 (4%)

293.58

308.67

324.51

341.19

358.71

377.17 - - -
MA year 1 (1%)

73.39 77.17

81.13 85.30

89.68 94.29 - - -
Year 1 - With COLA and
Market Adjustment

7,706.43

8,102.67

8,518.39

8,956.20

9,416.10

9,900.67 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

7,706.43

8,102.67

8,518.39

8,956.20

9,416.10

9,900.67 - - -
COLA year 3 (2%)

154.13

162.05

170.37

179.12

188.32

198.01 - - -
Birthday Holiday year 3
(0.41%)

31.60 33.22

34.93 36.72

38.61 40.59 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

7,892.16

8,297.95

8,723.68

9,172.04

9,643.02

10,139.2
8 - - -
Fire Captain (22 years) -
Admin

6,944.71

7,301.85

7,676.55

8,071.13

8,485.65

8,922.41 - - -
COLA year 1 (4%)

277.79

292.07

307.06

322.85

339.43

356.90 - - -
MA year 1 (1%)

69.45 73.02

76.77 80.71

84.86 89.22 - - -
Year 1 - With COLA and
Market Adjustment

7,291.95

7,666.94

8,060.38

8,474.69

8,909.93

9,368.53 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

7,291.95

7,666.94

8,060.38

8,474.69

8,909.93

9,368.53 - - -
COLA year 3 (2%)

145.84

153.34

161.21

169.49

178.20

187.37 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

7,437.78

7,820.28

8,221.59

8,644.18

9,088.13

9,555.90 - - -
Fire Fighter

4,438.43

4,666.70

4,906.84

5,158.80

5,424.75

5,703.64

5,996.52

6,304.47

6,628.58
COLA year 1 (4%)

177.54

186.67

196.27

206.35

216.99

228.15

239.86

252.18

265.14
MA year 1 (1%)

44.38 46.67

49.07 51.59

54.25 57.04

59.97 63.04

66.29 Year 1 - With COLA and
Market Adjustment

4,660.35

4,900.04

5,152.18

5,416.74

5,695.99

5,988.82

6,296.35

6,619.69

6,960.01
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

4,660.35

4,900.04

5,152.18

5,416.74

5,695.99

5,988.82

6,296.35

6,619.69

6,960.01
COLA year 3 (2%)

93.21 98.00

103.04

108.33

113.92

119.78

125.93

132.39

139.20
Birthday Holiday year 3
(0.41%)

19.11 20.09

21.12 22.21

23.35 24.55

25.82 27.14

28.54 MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

4,772.67

5,018.13

5,276.35

5,547.28

5,833.26

6,133.15

6,448.09

6,779.23

7,127.75

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 57

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Fighter - Admin

4,199.39

4,415.43

4,642.67

4,881.12

5,132.83

5,396.76

5,673.94

5,965.37

6,272.09
COLA year 1 (4%)

167.98

176.62

185.71

195.24

205.31

215.87

226.96

238.61

250.88
MA year 1 (1%)

41.99 44.15

46.43 48.81

51.33 53.97

56.74 59.65

62.72 Year 1 - With COLA and
Market Adjustment

4,409.36

4,636.20

4,874.80

5,125.18

5,389.47

5,666.60

5,957.64

6,263.64

6,585.69
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

4,409.36

4,636.20

4,874.80

5,125.18

5,389.47

5,666.60

5,957.64

6,263.64

6,585.69
COLA year 3 (2%)

88.19 92.72

97.50 102.50

107.79

113.33

119.15

125.27

131.71
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

4,497.55

4,728.93

4,972.30

5,227.68

5,497.26

5,779.93

6,076.79

6,388.91

6,717.41
Fire Fighter (22 years)

5,075.04

5,336.19

5,610.19

5,899.42

6,202.71

6,521.22

6,856.11

7,208.58 -
COLA year 1 (4%)

203.00

213.45

224.41

235.98

248.11

260.85

274.24

288.34 -
MA year 1 (1%)

50.75 53.36

56.10 58.99

62.03 65.21

68.56 72.09 -
Year 1 - With COLA and
Market Adjustment

5,328.79

5,603.00

5,890.70

6,194.39

6,512.85

6,847.28

7,198.92

7,569.01 -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

5,328.79

5,603.00

5,890.70

6,194.39

6,512.85

6,847.28

7,198.92

7,569.01 -
COLA year 3 (2%)

106.58

112.06

117.81

123.89

130.26

136.95

143.98

151.38 -
Birthday Holiday year 3
(0.41%)

21.85 22.97

24.15 25.40

26.70 28.07

29.52 31.03 -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

5,457.22

5,738.03

6,032.67

6,343.68

6,669.81

7,012.30

7,372.41

7,751.42 -
Fire Fighter (22 years) -
Admin

4,801.78

5,048.91

5,307.58

5,581.95

5,868.98

6,170.41

6,487.34

6,820.90 -
COLA year 1 (4%)

192.07

201.96

212.30

223.28

234.76

246.82

259.49

272.84 -
MA year 1 (1%)

48.02 50.49

53.08 55.82

58.69 61.70

64.87 68.21 -
Year 1 - With COLA and
Market Adjustment

5,041.87

5,301.36

5,572.96

5,861.05

6,162.43

6,478.93

6,811.71

7,161.95 -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

5,041.87

5,301.36

5,572.96

5,861.05

6,162.43

6,478.93

6,811.71

7,161.95 -
COLA year 3 (2%)

100.84

106.03

111.46

117.22

123.25

129.58

136.23

143.24 -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

5,142.71

5,407.38

5,684.42

5,978.27

6,285.68

6,608.51

6,947.94

7,305.18 -

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 58

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Fighter Engineer

5,910.46

6,213.74

6,533.99

6,868.94

7,222.01

7,593.18 - - -
COLA year 1 (4%)

236.42

248.55

261.36

274.76

288.88

303.73 - - -
MA year 1 (1%)

59.10 62.14

65.34 68.69

72.22 75.93 - - -
Year 1 - With COLA and
Market Adjustment

6,205.98

6,524.43

6,860.69

7,212.39

7,583.11

7,972.84 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,205.98

6,524.43

6,860.69

7,212.39

7,583.11

7,972.84 - - -
COLA year 3 (2%)

124.12

130.49

137.21

144.25

151.66

159.46 - - -
Birthday Holiday year 3
(0.41%)

25.44 26.75

28.13 29.57

31.09 32.69 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

6,355.55

6,681.67

7,026.03

7,386.21

7,765.86

8,164.98 - - -
Fire Fighter Engineer -
Admin

5,592.42

5,879.45

6,182.52

6,499.52

6,833.65

7,184.70 - - -
COLA year 1 (4%)

223.70

235.18

247.30

259.98

273.35

287.39 - - -
MA year 1 (1%)

55.92 58.79

61.83 65.00

68.34 71.85 - - -
Year 1 - With COLA and
Market Adjustment

5,872.04

6,173.42

6,491.65

6,824.50

7,175.33

7,543.94 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

5,872.04

6,173.42

6,491.65

6,824.50

7,175.33

7,543.94 - - -
COLA year 3 (2%)

117.44

123.47

129.83

136.49

143.51

150.88 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

5,989.48

6,296.89

6,621.48

6,960.99

7,318.84

7,694.81 - - -
Fire Fighter Engineer
(22 years)

6,427.62

6,757.43

7,105.72

7,469.97

7,853.93

8,257.58 - - -
COLA year 1 (4%)

257.10

270.30

284.23

298.80

314.16

330.30 - - -
MA year 1 (1%)

64.28 67.57

71.06 74.70

78.54 82.58 - - -
Year 1 - With COLA and
Market Adjustment

6,749.00

7,095.30

7,461.01

7,843.47

8,246.63

8,670.46 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,749.00

7,095.30

7,461.01

7,843.47

8,246.63

8,670.46 - - -
COLA year 3 (2%)

134.98

141.91

149.22

156.87

164.93

173.41 - - -
Birthday Holiday year 3
(0.41%)

27.67 29.09

30.59 32.16

33.81 35.55 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

6,911.65

7,266.30

7,640.82

8,032.50

8,445.37

8,879.42 - - -

ATTACHMENT B

FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 59

CITY OF STOCKTON & STOCKTON PROFESSIONAL FIREFIGHTERS

FIRE UNIT MEMORANDUM OF UNDERSTANDING
Fire Fighter Engineer
(22 years) - Admin

6,081.76

6,393.90

6,723.49

7,068.23

7,431.59

7,813.36 - - -
COLA year 1 (4%)

243.27

255.76

268.94

282.73

297.26

312.53 - - -
MA year 1 (1%)

60.82 63.94

67.23 70.68

74.32 78.13 - - -
Year 1 - With COLA and
Market Adjustment

6,385.85

6,713.60

7,059.66

7,421.64

7,803.17

8,204.03 - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

6,385.85

6,713.60

7,059.66

7,421.64

7,803.17

8,204.03 - - -
COLA year 3 (2%)

127.72

134.27

141.19

148.43

156.06

164.08 - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA

6,513.56

6,847.87

7,200.86

7,570.07

7,959.23

8,368.11 - - -
Fire Fighter Trainee

4,438.43 - - - - - - - -
COLA year 1 (4%)

177.54 - - - - - - - -
MA year 1 (1%)

44.38 - - - - - - - -
Year 1 - With COLA and
Market Adjustment

4,660.35 - - - - - - - -
COLA year 2 (0%) - - - - - - - - -
MA year 2 (0%) - - - - - - - - -
Year 2 -

4,660.35 - - - - - - - -
COLA year 3 (2%)

93.21 - - - - - - - -
Birthday Holiday year 3
(0.41%)

19.11 - - - - - - - -
MA year 3 (0%) - - - - - - - - -
Year 3 - With COLA and
Birthday Holiday

4,772.67 - - - - - - - -

ATTACHMENT B

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252

CITY OF STOCKTON

FIRE SERVICES MANAGEMENT UNIT

MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters’ Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms of conditions of employment for employees in the representation unit identified in Section 1 of this Memorandum of Understanding, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500-3511) (“MMBA”) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours and other terms and conditions of employment for the period commencing July 1, 202219, and ending on June 30, 20252. This agreement shall supersede all other existing agreements on the matters set forth herein.

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20225

CITY OF STOCKTON ii

MEMORANDUM OF UNDERSTANDING
Table of ContentsTABLE OF CONTENTS
SECTION 1. RECOGNITION………………………………………………………….……….1
SECTION 2. UNION SECURITY……………………………………………………….……...2

2.1 Union Membership Dues and Payroll Deductions ........................................ 2

2.2 Use of City Facilities..................................................................................... 3

2.3 Advance Notice ............................................................................................ 3

2.4 Attendance at Meetings by Employees/Release Time ................................. 4

2.5 New Hire Employee Orientation and Information Requirements .................. 4 SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT .………………………….65

3.1 Non-Discrimination/Equal Employment........................................................ 5 SECTION 4. PROBATION ..…………………………………………………………………...76
SECTION 5. LAYOFF…………………………………….....................................................87

5.1 Layoff Scope ................................................................................................ 7

5.2 Notice of Layoff ............................................................................................ 7

5.3 Precedence by Employment Status ............................................................. 7

5.4 Employee Options........................................................................................ 8 SECTION 6. REEMPLOYMENT ……………………………………………………………..9
SECTION 7.

DISCIPLINE..……………………………………………………………...........111
1SECTION 7.

DISCIPLINE..……………………………………………………………...........11
SECTION 8. GRIEVANCE
PROCEDURES………………………………………………...1212SECTION 8.

GRIEVANCE PROCEDURES………………………………………………...12

8.1 Definition .................................................................................................... 11

8.2 Filing Deadline............................................................................................ 11

8.3 Grievance Processing ................................................................................ 11

8.4 Scope of Arbitration.................................................................................... 12

8.5 Other Provisions......................................................................................... 12 SECTION 9. LEAVES………………………………………………………………….……...1515

ATTACHMENT C

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MEMORANDUM OF UNDERSTANDING

9.1. Vacation Leave .................................................................................... 1515

9.2. Sick Leave ........................................................................................... 1717

9.3. Other Leaves with Pay......................................................................... 2018

9.4. Workers' Compensation Leave ............................................................ 2221

9.5. Leaves of Absence .............................................................................. 2322

9.6 . Leaves of Absence without Pay......................................................... 24232

9.7 . Absence Without Official Leave (AWOL) ............................................. 2524 SECTION 10. DAYS AND HOURS OF WORK………………………………...……….… 2725

10.1.Workweek ............................................................................................ 2725

10.2.Shift Trades.......................................................................................... 2725

10.3.Staffing................................................................................................. 2725 SECTION 11. OVERTIME…………………………………………………………………….2926

11.1.Overtime Authorization ........................................................................ 2926

11.2.DefinitionFair Labor Standards Act (FLSA) Agreement ......................... 264

11.3.Compensatory Time............................................................................. 3027

11.4.Fair Labor Standards Act ..................................................................... 3027 SECTION 12. HOLIDAYS………………………………………………………………....….297
SECTION 13. COMPENSATION OTHER THAN BASE SALARY…......................….…3129

13.1.PERS Benefits for Unit Employees hired on or before 12/28/201206/30/2011 ............................................................................................................. 3129

13.2 PERS Benefits for Unit Employees hired on or after 07/01/201112/29/2012 and
before 01/01/2013.................................................................................... 30

13.3 PERS Benefits for Unit Employees hired on or after 01/01/2013............. 30

13.4.Uniform Allowance ............................................................................... 3833

13.5.Certificate Incentive Pay .................................................................... 38331

13.6.Emergency Medical Technician Certification ....................................... 3833

13.7.Mileage Reimbursement for Private Vehicle Use................................. 3934

13.8.Longevity Pay ...................................................................................... 3934

13.9.Contagious Disease........................................................................... 39342

13.10. Specialty Assignment Pay................................................................. 4035

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MEMORANDUM OF UNDERSTANDING

13.11. Acting Pay ......................................................................................... 4035

13.12. Call-Back Pay.................................................................................... 4035

13.13. Paramedic Certificate Pay................................................................. 4035

13.14. Wellness-Fitness Program ................................................................ 4136

13.15 CalPERS Reportability ........................................................................... 34

13.16 Lapse of Certification ………..………………………………………………34
SECTION 14. INSURANCE PLANS…………………………………………………………4237

14.0 Reopener Clause for Health Insurance. ....................................................... ................................................................................................................. 35

14.1 Health Insurance and Welfare Related Benefits …………………………...35

14.2 Long Term Disability …………………………………………………………..386

14.3 Life Insurance .……………………………………………………………........37

14.4 Retiree Medical Trust............................................................................... 37

14.5 Survivors' Medical Benefit……………………………………………………..398 SECTION 15. SALARY PLAN ………………………………………………………………..39

15.1 Salary Ranges ………………………………………………………………….309

15.2 Salary Upon Appointment ……………………………………………….…....309

15.3 Salary Equivalents ………………………………………………………….….309

15.4 Salary Step After Military Leave ……………………………………….……..309

15.5 Salary Step When Salary Range is Increased ………………..............……319

15.6 Salary Step After Promotion or Demotion …………………………………...410

15.7 Salary on Reinstatement ………………………………………………………410

15.8 Salary Adjustments …………………………………………………………….410

15.9 Bi-Weekly Pay Period ………………………………………………………….41

15.10 Lump Sum Payment ………………………………………………………….421
SECTION 16. SEPARABILITY OF PROVISIONS……………………………………........432 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING…432 SECTION 18. SCOPE OF AGREEMENT………………………………………………...…432 SECTION 19. DURATION OF AGREEMENT……………………………………..………..432 SECTION 20. MAINTENANCE OF OPERATIONS………………………………………...442

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MEMORANDUM OF UNDERSTANDING
APPENDIX A. COLA AND MARKET ADJUSTMENTS ……………………………………….…. ................................................................................................................. 45

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CITY OF STOCKTON 1

MEMORANDUM OF UNDERSTANDING
SECTION 1. RECOGNITION

1.1 . City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 . Union Recognition
Pursuant to Resolution No. 36,011, adopted by the Stockton City Council on February 14, 1979, Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, is the recognized employee organization representing the Fire Services Management Unit, hereafter referred to as the “Union.”

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MEMORANDUM OF UNDERSTANDING
SECTION 2. UNION SECURITY

2.1 Union Membership Dues and Payroll Deductions
(a) (a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership dues deductions.
(b) (b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely on upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for memberships dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence of terms of the authorization.
(7) Deduction notifications will be provided to
[email protected]@stocktonca.gov.
(7)

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MEMORANDUM OF UNDERSTANDING
(8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(8)
(c) Hold Harmless Provision.
(a) The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department.

Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non- duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and, when made, shall continue until revoked by the Fire Chief.

City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.

Members of the Union are prohibited from using City equipment and/or time for their personal use.

2.3 Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and

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MEMORANDUM OF UNDERSTANDING
shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.

In cases of emergency which constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representatives designated by the City Manager.

2.4 Attendance at Meetings by Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay, in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements (a) (a) In accordance with the Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of the new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system (currently HTE):

1.(1) Name;

2.(2) Job title;

3.(3) Department;

4.(4) Work location;

5.(5) Personal cellular telephone numbers, including work and home;

6.(6) Personal email addresses as provided by new hire employee; and

7.(7) Home address.

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MEMORANDUM OF UNDERSTANDING
The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

SECTION 3. NON-DISCRIMINATION/EQUAL EMPLOYMENT

3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, creed, color, religion (creed), national origin (ancestry), military or veterans status, physical orand mental disability, medical condition, genetic information, marital status, sexual orientation, sex (sexual, gender based including, pregnancy, /childbirth, breastfeeding or related medical conditions), gender identity/expression, sexual orientation, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Ffederal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Ffederal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.

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FIRE MANAGEMENT UNIT SUCCESSOR MOU
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CITY OF STOCKTON 6

MEMORANDUM OF UNDERSTANDING
SECTION 4. PROBATION
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.

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CITY OF STOCKTON 7

MEMORANDUM OF UNDERSTANDING
SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of his/hertheir position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.

5.1 Layoff Scope
a.(a) Layoffs shall be within departments of the City.
b.(b) The departments of the City are defined as follows:
1)(1) Administrative Services Department
2)(2) City Attorney
3)(3) City Auditor
4)(4) City Clerk
5)(5) City Manager
6)(6) Community Development Department
7)(7) Community Services
8)(8) Economic Development
9)(9) Fire Department
10)(10) Human Resources Department
11)(11) Information Technology Department
12)(12) Municipal Utilities Department
13)(13) Police Department
14)(14) Public Works Department

5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.3 Precedence by Employment Status
No permanent regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such permanent regular status employee. The order of

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CITY OF STOCKTON 8

MEMORANDUM OF UNDERSTANDING
layoff among employees not having permanent regular status shall be according to the following categories, as listed in ascending order:
a.(a) Extra Help
b.(b) Provisional
c.(c) Temporary
d.(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class, except as specified above. For the purpose of this procedure, part time classes shall be considered separate from, and shall be laid off prior to, regular full-time classes. The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a permanent regular status or probationary status shall count as service time.

5.4 Employee Options
Employees laid off shall have the following choices:
a.(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee working in that classification who has the least (total service) seniority.

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FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 9

MEMORANDUM OF UNDERSTANDING
(a)
SECTION 6. REEMPLOYMENT
When an employee in thewith classified service, whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily, is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list. Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur.
(a) (a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee was demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2two) years from the date of separation due to layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have theirhis/her name removed from the reemployment list, unless mutually agreed to by the Department and the employee.

If the changes listed above require Civil Service approval, the Association agrees to not object to these changes in the duration of reemployment lists consistent with this section.

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FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 10

MEMORANDUM OF UNDERSTANDING

ATTACHMENT C

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TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 11

MEMORANDUM OF UNDERSTANDING
SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in Section 8.2, below, within ten (10) business days of receipt of written notification of the disciplinary action.

If the employee fails to do “(b)” or “(c),” above, within the prescribed time frames, those rights will have been waived.

Lesser forms of disciplinary actions, such as written reprimands and transfers for purposes of punishment that do not involve loss of pay, may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FOBOR) Informal Discipline Appeal Procedure.”

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 12

MEMORANDUM OF UNDERSTANDING
SECTION 8. GRIEVANCE PROCEDURES

For purposes of filing appeals and grievances, the City’s business days/hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding City-recognized holidays.

8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee who believes that he/she hasclaiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Department within seven (7) working days from the day of presentation, or if the employee elects to submit his/herthe grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or any official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem.

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CITY OF STOCKTON 13

MEMORANDUM OF UNDERSTANDING
(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.

8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in paragraph 8.1, above.

Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. The arbitrator selected pursuant to this section shall not have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.

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CITY OF STOCKTON 14

MEMORANDUM OF UNDERSTANDING

8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his/hertheir judgment for the judgment of management and if the arbitrator finds that the City had such right, he/shethey may not order reinstatement and may not assess any penalty upon the City.

All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of UnderstandingOU shall be filed as grievances directly with the City Manager as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, and, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.

The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter or Civil Service Rules and Regulations, may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees in representation units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations requires that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.

No action under Section 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

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MEMORANDUM OF UNDERSTANDING
SECTION 9. LEAVES

9.1 Vacation Leave
(a) Accrued Vacation Allowance. All regular status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:.
1)(1) 40- hour workweek employee:

Under 1.5 years 80 hours

1.5 – 7.5 years 108 hours

7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
2)(2) 56- hour workweek employee:

Under 1.5 years 120 hours

1.5 – 7.5 years 162 hours

7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each
year
3) Employees shall accrue vacation leave on a twice-monthly basiseachon a per pay period basis..
(b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours leave until they are below the caps listed here. No vacation hours leave may be added to sick leave balances without exception.
(1) The maximum number of vacation hours that employees shall accrue for employees on a 40 40-hour workweek shall accrue are as followsbe:

Under 1.5 years 120 hours

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MEMORANDUM OF UNDERSTANDING

1.5 – 7.5 years 240 hours

7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
4)(2) And for employees working on a 56 hour workweek the maximum number of vacation hours shall be:The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:

Under 1.5 years 300 hours

1.5 – 7.5 years 360 hours

7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) b. Longevity Vacation Allowance
1)(1) This Pprogram is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
2)(2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) c. Scheduling
1) 48/96 Shift Schedule.
(1) The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change, or otherwise alter the work schedule consistent with his/hertheir management responsibility to control and

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CITY OF STOCKTON 17

MEMORANDUM OF UNDERSTANDING
direct all Stockton Fire Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled continuously and may be split into two (2) separate vacation periods of a minimum of two (2) consecutive shifts each.
b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
d. Vacation Cash outAllowance for Separated Employees.
(e) Employees separating from City service for any reason who have unused vacation time leave shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
e. Vacation Allowance Sellback
Effective for fiscal year 2020/2021 and fiscal year 2021/2022, employees may elect to sell back up to a maximum of forty (40) hours from their unused accumulated vacation balance and/or frozen longevity vacation allowance, if eligible. Employees who desire to sell back accrued leave hours must make an irrevocable election in December of the preceding fiscal year and identify the number of vacation leave and/or longevity vacation allowance hours they desire to sell back in January and/or July of the subsequent year, up to a total of forty (40) hours per fiscal year.

9.2 Sick Leave
(a) a. Accrual. All regular status employees on a forty (40) hour pera workweek schedule, except provisional, temporary, and part time employees, shall accrue sick leave at the rate of eight (8) hours for each full month of service. All regular status employees on a fifty-six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall

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MEMORANDUM OF UNDERSTANDING
accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) b. Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.

An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates him/herthem from performing his/hertheir duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.
c. Family Sick Leave. Employees may utilize fifty percent (50%) of their annual
(c) accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.

Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, legal dependent, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
d. Procedures for Requesting and Approving Sick Leave. The employee shall
(d) notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.

When the requirement for sick leave is known to the employee in advance of his/hertheir absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.

Before an employee may be paid for the use of accrued sick leave, he/shethey shall complete and submit to the Fire Chief a signed statement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for his/herthe request to

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be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief.
e. Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's
certificate or other reasonable proof of illness may be required by the Fire
(e) Chief.

The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to einsure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
f. Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave
(a) provided that the employee:
(f)
(1) 1) Was hospitalized during the period for which sick leave is claimed, or
(2) 2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) g. Accessibility and Reporting. All officers and members of the Department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee.

Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.

All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.

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h. Return to Duty. Upon availability for return to duty, the employee shall l
(h) notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 6:00 p.m.1800 hours on the day prior to his/hertheir next scheduled duty period.

Sick leave may be granted for any period of time approved by the Fire Chief. (i) i. Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) j. CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
k. Sick Leave Retention Benefit.

1.(k) AIf, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CalPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012, shall be paid at fifty percent (50%) of its cash value to separating employees after July 1, 2015.

9.3 Other Leaves with Pay
(a) a. Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon his/hertheir request, be granted up to three (3) days bereavement leave with pay and without charge to his/hertheir accumulated sick leave credits or vacation eligibilityleave. The City Manager may grant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral.

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For the purposes of this paragraphsection, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

In the event of the death of a person not immediately related to an employee, as defined above, the employee's department head may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave credits.
(b) b. Court Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving full pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) On-duty employees shall return to work immediately upon release from court.
(3) Absences from duty will be without pay when the employee appears in private litigation to which the City is not a party.
(4) Notwithstanding the foregoing, attendance in court or at a deposition in connection with an employee’s official duties for a case in which the City is a party, together with travel time and necessarily involved, shall not be considered in terms of actual hours spent performing those duties and paid as hours worked.
(c) c. Maternity Leave. Time off the jobfromof work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Ffederal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on

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the nature of the case and the time medically required to recuperate.

Generally, a six (6) week recovery period after delivery is medically indicated. (d) d. Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency. Except as hereafter stated, said employees shall be reinstated into City service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.

Two (2) or more regular employees granted military leave of absence without pay from the same position shall be re-employed according to their seniority of employment, provided they are physically fit, as above specified.

9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, his/hertheir duties, he/shethe employee shall become entitled, regardless of his/hertheir period of service with the City, to a leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as he/she isthey are retired on permanent disability pension.

If injury is claimed to be job-related or a recurrence of a previous job-related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78). (a) a. Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.

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(b) b. Accessibility and Reporting. All officers and members of the Department on leave for injury (job-related or non job-relatednon-job-related) shall be available at their homes or by telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.

All officers and members of the Department on leave for injury (job-related or non job-relatednon-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office. (c) c. Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 6:00 p.m. 1800 hours on the day prior to his/hertheir next scheduled duty period. (d) d. Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with Sstate workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness and who is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absences as a matter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.

Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.

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The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.

Authorized absences without pay that exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from his/hertheir position by reason of an injury or disease for which he/she isthey are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leaves of Absence without Pay
(a) a. Purpose and Length. Only employees occupying regular positions on a permanent regular status basis are eligible for leaves of absence without pay under the provisions of the section.

An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (12) months with the approval of the Director of Human Resources.

Leaves of absence without pay on account of illness or injury, which are not job related, may be granted for a maximum period of twelve (12) months with the approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, and childbirth, and recovery therefrom.

Such a leave will be granted only after all accrued sick leave credits havehas been used and shall be substantiated by a physician's statement. (b) b. Application For and Approval of Leaves of Absence Without Pay.

In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief orf the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.

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9.7 Absence Without Official Leave (AWOL)
(a) a. Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Department or City Manager or at the expiration of a leave shall be considered an absence without leave. (a) (b) b. Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Human Resource Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.

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SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
Except in cases of conflagration, flood, or similar emergency, the basic workweek of any member of this unit shall not be more than fifty-six (56) hours per week, averaged over a twelve (12) week period. All working shifts will commence at 0800 hours8:00 a.m., with the exception of the employees assigned to work in the Fire Department’s Administration Offices, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.

10.2 Shift Trades
Employees in this unit will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief.

Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.

10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.

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SECTION 11. OVERTIME

11.1 Overtime Authorization
All compensable overtime must be authorized by the department head or his/hertheir designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.

11.2 Fair Labor Standards Act (FLSA) Agreement
(a) a. “”24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule. (b) b. “”Day shift employees” means Fire Management Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). (c) c. 24-hour Sshift Eemployees.
(1) 1. Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of onehundred and eighty-two (182) hours in a 24 day work period. (2) 2. Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive three point one six (3.16) hours per pay period for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
(d) d. For Day Shift employees, overtime shall be paid at the rate of time and one half (1-½1/2) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) e. Hours worked shall include all actual time worked. Sick Lleave, Bereavement Leave, Industrial Illness or Injury Leave (4850) taken within the work period 4850 leave begins or ends, and Jury Duty Leave shall also count as actual time worked. Vacation Leave, or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time

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worked for unit employees in Administrative assignments where holidays are observed only.

11.3 Compensatory Time
(a) a. Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to, or in excess of, their normal work schedule. (b) b. Use. Such compensatory time must be taken during the work period in which it is earned and will be credited in accordance with Section

11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that he/she isthey are unable to take accrued compensatory time during the work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1-½-1/2) depending upon the number of hours worked by the employee during the work period consistent with Section

11.1 above.
(c) c. Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.

11.4 Fair Labor Standards Act
The City and the Union shall cooperate with each other to promptly resolve any issue that may arise during the term of this Memorandum of Understanding regarding compliance with the Fair Labor Standards Act. Any dispute which involves the interpretation or application of the Fair Labor Standards Act may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the dispute, meet with the complaining party, and attempt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides.
(a) a. Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification, to which they

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are permanently appointed, will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

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SECTION 12. HOLIDAYS
(a) a. Effective upon the first full pay period following ratification of this Memorandum of UnderstandingOU by the Fire Management Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section. The City observes the following holidays on the dates indicated:
(1) (1) New Years Day (January 1)
(2) (2) Martin Luther King’s Birthday (Third Monday in January) (3) (3) Lincoln’s Birthday (Second Monday in February)
(4) (4) Washington’s Birthday (Third Monday in February) (5) (5) Cesar Chavez Day (March 31-FLOATING)
(6) (6) Memorial Day (Last Monday in May)
(7) (7) Independence Day (July 4)
(8) (8) Labor Day (First Monday in September)
(9) (9) Columbus Day (Second Monday in October)
(10) (10) Veterans’ Day (November 11)
(11) (11) Thanksgiving (Fourth Thursday in
November)
(12) (12) The day following Thanksgiving (Fourth Friday in November) (13) (13) Christmas Day (December 25)
(14) (14) Birthday Holiday
(b) b. Effective July 1, 2021, 0.41% will be added to the suppression classifications on the salary schedule for the Birthday Holiday.
(c) c. Effective August 1, 2011, the differential for Administrative Positions in this unit in Ssection 13.12 will be increased by the 6.34%.
(d) d. Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.

For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.

There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e). For positions that observe holidays, in order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.

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(f). Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, afterbeginning on the day of the employee’s birthday.

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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) a. The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement

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System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
(b) b. Additional CalPERS Benefits.
(1) 1) The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to 2,080 hours (Government Codes section Section 20965), Survivor Benefit Level 4 (Government Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code section Section 21635), Continuation of Death Benefits After Remarriage (Government Code section Section 21551), and Military Service Credit as Public Service and for Retired Person at the employees’ expense (Government Code sections Sections 21024 and 21027).
(2) 2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this MOUMemorandum of Understanding.
(c) c. Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9.0%) of the employee’s current base salary and other qualifying compensation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Ssection 20691.
(d) d. EPMC Payrate Conversion. The City will cease paying the nice percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays his/hertheir nine percent (9%) employee contribution on a pre-tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9.0%) for the last twelve (12) months of employment in accordance with Government Code section section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one-time retroactive application at the time of their retirement for the entire twelve month period prior to the effective date of retirement. Employees who wish to select this option, shall indicate this on the City’s EPMC Authorization form provided by Human Resources.
(e) e. CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nnine Ppercent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012, agree to continue sharing the cost of the

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CalPERS 3% @ at 50 local safety pension formula plan by contributing nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pension on a pre-tax basis. If CalPERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than the nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process through a payroll dreduction. If during the term of this agreement legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employees share of retirement contribution thus reducing or eliminating EPMC, the parties agree that as soon as administratively possible consistent with CalPERS regulations to convert the employee’s contribution to the employer’ss’ share under the Section 20516 cost share contract amendment to the employee’s share towards retirement for the percentage required by the new legislation.

13.2 Public Employee Retirement System Benefits for Unit Employees Hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 who qualify as “classic members with the CalPERS 3% at @ 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements. Employees shall continue contributing nine percent (9%) on a pretax basis toward the employee contribution for the pension benefits and are not subject to the Government Code section Section 20516 Cost Sharing provision in Section 13.1(e) above.

13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit eEmployees hired on or after January 1, 2013 without reciprocity (i.e., “new” members) the CalPERS 2.7% at@ 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.

Employees without reciprocity shall continue contributing fifty percent (50%) of the “normal cost” as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code section Section 20516 Cost Sharing provision in Section 13.1 (e) above.

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13.4 Uniform Allowance
Effective after adoption of this Memorandum of UnderstandingOU adoption, employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.5 Education Incentive Pay
(a) a. Employees who satisfy the education and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of the employee’s rank.
(b) b. Employees who satisfy the education and service requirements for an advanced education certification shall receive five percent (5%) of the top step of the employee’s rank.

13.6 Emergency Medical Technician Certification
Employees in this unit shall be responsible for maintaining EMT certification.

It is the policy of the Stockton Ffire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below.

Each member shall secure EMT certification within one year of commencement of employment and maintain that certification throughout his/her their career while assigned to line fire suppression activities. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.

All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re-certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt orf the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non-EMT member will be provided EAR

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training and certification by the Division of Training prior to assignment to line fire suppression activities.

Members whose certification lapses shall have eighteen (18) months to complete an EMT re-certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one pay grade until EMT re-certification is achieved.

A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination.

Any disputes that result from this agreement shall be handled in accordance with the grievance procedures.

13.7 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle, employees in this unit will be reimbursed for actual mileage at the current rate established for other employeesby the City.

13.8 Longevity Pay
(a) a. Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained fifteen (15) years of continuous employment with the City shall receive an additional one and one-quarter percent (1.25%) of top step pay for their classification. (b) b. Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty-two (22) years of continuous employment with the City shall receive an additional one point six three percent (1.63%) of top step pay for their classification.

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TERM: JULY 1, 202219 – JUNE 30, 20252
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MEMORANDUM OF UNDERSTANDING

13.10 Specialty Assignment Pay
Battalion Chiefs assigned to a forty (40)-hour workweek will receive additional compensation of thirteen point three three percent (13.33%) above their regular rates of pay. The duration of any such assignment shall be at the sole discretion of the Fire Chief. Note: The FLSA rate was three point three three percent (3.33%) so this rate is not increasing.

13.11 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

13.12 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after he/ she hasthey have worked a scheduled shift and haves departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½-1/2) of theirhis/her regular rate of pay for time worked, whichever is greater.

The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis, which shall include the employee’s travel time.

13.13 Paramedic Certificate Pay
(a) a. The City shall compensate Battalion Chiefs who are San Joaquin County licensed and accredited Paramedics three percent (3%) of top salary step of rank.
(b) b. Continuing Education for Paramedics. Upon prior approval of the Fire Chief, the City will compensate members of the Fire Management unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty-four (24) hours or less in a two (2) year certification period.
(c) c. Administrative Captains that maintain a paramedic license, and are assigned by the Chief to work on the line as a paramedic shall receive paramedic incentive pay.

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(d) d. Administrative Firefighters and Administrative Engineers that maintain a paramedic license and are able to work on the line as a paramedic shall receive paramedic incentive pay. The Stockton Fire Department.

13.14 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
a.(a) Participation in the Wellness-Fitness Program is mandatory for the programs testing, evaluations, and daily physical training requirements. b.(b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
c.(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. d.(d) Labor and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.

13.15 13.15. CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this MOU Memorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingOU is outside the City’s control.

13.16 13.16. Lapse of Certification
An employee receiving an add pay under section Section 13 of this Memorandum of UnderstandingOU, whose certification lapses, will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
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MEMORANDUM OF UNDERSTANDING
SECTION 14. INSURANCE PLANS

14.0. Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.

14.1. Health Insurance and Related Benefits
a.(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an Employee only, Employee plus oOne (1) and Employee plus two (2) or more dependents coverage health plans. The City shall offer two (2) or more medical plans to regular status employees.
b.(b) Eligibility. Employees shall become eligible for mMedical, dDental, and vVision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or hertheir dependent cannot be covered by more than one (1) City-offered health plan).
c.(c) City Contribution Towards the Cost of Insurance Programs. (1) 1) Effective the first full pay period following adoption by the City Council, July 1, 2022, the City shall contribute the following:
a. Up to $697657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,2651,192.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.

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MEMORANDUM OF UNDERSTANDING
c. Up to $1,6851,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage
(2) 2) Effective July 1, 20232020, City shall contribute the following:
a. Up to $711670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,2901,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,7191,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) 3) Effective July 1, 20242021, City shall contribute the following:
a. Up to $725683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. b. Up to $1,3161,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,7531,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

These contributions are based on full-time employment; regular status parttime employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, /vision, and /dental to be pre-tax premium conversion.
d.(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, /vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document.

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TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 44

MEMORANDUM OF UNDERSTANDING

14.2. Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.

14.3. Life Insurance
Effective July 1, 2012, tThe City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.

14.4. Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Management Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Management Unit members to be contributed to the Trust.

The Trust shall be and remain separate and apart from any Employer health insurance funding program.

To the extent authorized by law, all contributions shall be made on a pre-tax basis.

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MEMORANDUM OF UNDERSTANDING
provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.

The City shall not charge the Union or Fire Management Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Management Unit members in the Trust.

The Union agrees, to the fullest extent permitted by applicable law, to indemnity and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.

Participation in the Trust shall be the complete and sole responsibility of the Union.

The City shall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect oto the Trust. The City has no fiduciary duty with respect to the Trust.

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 46

MEMORANDUM OF UNDERSTANDING

14.5 Survivors’ Medical Benefit
The City in accordance with State law and its provisions shall provide medical, dental, prescription, and vision benefits to the surviving spouse and children of Battalion Chiefs killed in the line of duty. These benefits shall discontinue upon marriage of the Battalion Chief’s surviving spouse. The medical coverage shall be secondary at age sixty-five (65).

14.65. Nothing in this section shall be construed to create vested rights to benefits for employees or retirees after the expiration of this MOUMemorandum of Understanding.

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TERM: JULY 1, 202219 – JUNE 30, 20252
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MEMORANDUM OF UNDERSTANDING
SECTION 15. .

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 48

MEMORANDUM OF UNDERSTANDING
SECTION 15. SALARY PLAN

15.1. Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unlessclassification unless the schedule specifically indicates otherwise.

15.2. Salary Upon Appointment
Employees henceforth promoted to the classification of Battalion Chief will receive a five percent (5%) salary increase above current base pay salary on the salary schedule six (6) months after their advancement to the Battalion Chief classification, and may be moved in five percent (5%) increments by the Fire Chief annually until the top of the range is reached. Increases in excess of five percent (5%) may be granted upon recommendation of the Fire Chief and approval of the City Manager.

Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.

Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.

Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.3. Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for calculating payments for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.4. Salary Step After Military Leave
Upon returning to City service, all employees who have been granted military leave shall be entitled to the automatic salary advancements within the range/scale of the

ATTACHMENT C

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TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 49

MEMORANDUM OF UNDERSTANDING
established salary range for their classifications for the period they were in the military service.

15.5. Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.6. Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and, at the time of promotion, is receiving a salary equal to or greater than the minimum rate for the higher rank, that employee shall be promoted to a step in the salary range of the higher rank which is at least five percent (5.0%) above the current base pay salary, on the salary schedule of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary afteron promotion rules shall apply.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.7. Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, his/her their salary shall not be higher than his/hertheir salary at the time of his/her their separation, unless there has been an increase within the salary range.

15.8. Salary Adjustments
The Salary Schedule on the City of Stockton HR website shall provide salary rates for classifications in this unit.
(a) Effective upon the first full pay period following approval by the City Council on its regular agenda, in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, all bargaining unit classifications will receive a sixten percent (106%) increase to base pay (comprised of a two percent (2%) COLA and an

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 50

MEMORANDUM OF UNDERSTANDING
foureight percent (84%) Market Adjustment).Effective the first full pay period following adoption by the City Council, employees will receive a four percent (4%) cost of living adjustment (COLA). Effective July 1, 2021, employees will receive a two percent (2%) COLA.
(b) Effective July 1, 2023, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a onethree percent (13%) Market Adjustment).Effective the first full pay period following adoption by the City Council, employees will receive a one percent (1%) market salary adjustment..
(b)(c) Effective July 1, 2024, all bargaining unit classifications will receive a fivethree percent (35%) increase to base pay (comprised of a two percent (2%) COLA and a one three percent (13%) Market Adjustment).

15.9. Bi-Weekly Pay Period
The City and the Association agree to move to a bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.10. Lump Sum Payment
Each employee who is employed in the bargaining unit or the Fire Unit as of July 1,January 1, 2024 2019 and remains employed as of the first full pay period following adoption of this Agreement will receive a five thousand ($5,000) lump sum nonpensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month. of $1650.

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MEMORANDUM OF UNDERSTANDING

ATTACHMENT C

FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 52

MEMORANDUM OF UNDERSTANDING
SECTION 16. SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 17. SECTION 17. PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Union.

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MEMORANDUM OF UNDERSTANDING
SECTION 20. MAINTENANCE OF OPERATIONS
(a) a. It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of Understanding, through and inclusive of June 30, 202516, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing) against the City, the individual or concerted failure to report for duty, or abstinence from the full and faithful performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) b. An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has been engaging in any activity prohibited by subsection (“a)” of this section. In addition, the City may take other action that it deems appropriate. (c) c. If the City Council, by majority vote, determines to its satisfaction that subsection “(a)” of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) d. The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event any activity prohibited by subsection “(a)” occurs, the Union agrees to take any and all steps necessary to assure compliance with this Memorandum of Understanding.

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MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ________,day of ________, 2022 2020, and by an affirmative vote of the Stockton City Council on ____________, 2022 2020. The parties hereto have executed this Memorandum of Understanding this _______day of ________, 2022 2020.

STOCKTON FIRE FIGHTERS’
LOCAL UNION 456
Fire Services Management Unit City of Stockton
___________________________________ _________________________________

MARIO GARDEAKEN JOHNSON HARRY BLACK
PresidentPresident City Manager
_________________________________
MATT KNIERIM ALLISON U. DICHOSO
Fire Management Representative Director of Human Resources _________________________________
ROBERT BONNERALLISON U.

DICHOSO
Director of Human Resources
Approved as to form: Approved as to form:

RAINS LUCIA STERN, PC LORI M. ASUNCION[NAME]John
Luebberke, Acting City Attorney
By: By:

By:
________________________________ _________________________________ TIMOTHY K. TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney
By:
_________________________________

DANIA TORRES WONGBURKE
DUNPHY
Negotiator for the City
ATTEST:

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FIRE MANAGEMENT UNIT SUCCESSOR MOU
TERM: JULY 1, 202219 – JUNE 30, 20252
CITY OF STOCKTON 55

MEMORANDUM OF UNDERSTANDING

ELIZA GARZA

CITY CLERK
_________________________________

ELIZA GARZA
City Clerk

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MEMORANDUM OF UNDERSTANDING

APPENDIX A

MARKET ADJUSTMENTS
Year 1- eff. the first full pay period following adoption of this agreement by the City Council; Year 3-eff. 7/1/21 Steps
1 2 3 4 5 6
Fire Battalion Chief 8,577.57 9,018.30 9,480.59 9,968.04 10,479.44 11,018.38 COLA year 1 (4%) 343.10 360.73 379.22 398.72 419.18 440.74 MA year 1 (1%) 85.78 90.18 94.81 99.68 104.79 110.18
Year 1 - With COLA and Market
Adjustment 9,006.45 9,469.22 9,954.62 10,466.44 11,003.41 11,569.30 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 9,006.45 9,469.22 9,954.62 10,466.44 11,003.41 11,569.30 COLA year 3 (2%) 180.13 189.38 199.09 209.33 220.07 231.39 Birthday Holiday year 3 (0.41%) 36.93 38.82 40.81 42.91 45.11 47.43 MA year 3 (0%) - - - - - -
Year 3 - With COLA and Birthday
Holiday 9,223.50 9,697.42 10,194.53 10,718.68 11,268.59 11,848.12 Fire Battalion Chief - Admin 8,116.46 8,533.57 8,971.07 9,432.38 9,916.36 10,426.39 COLA year 1 (4%) 324.66 341.34 358.84 377.30 396.65 417.06 MA year 1 (1%) 81.16 85.34 89.71 94.32 99.16 104.26
Year 1 - With COLA and Market
Adjustment 8,522.28 8,960.25 9,419.62 9,904.00 10,412.18 10,947.71 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 8,522.28 8,960.25 9,419.62 9,904.00 10,412.18 10,947.71 COLA year 3 (2%) 170.45 179.20 188.39 198.08 208.24 218.95 MA year 3 (0%) - - - - - -
Year 3 - With COLA 8,692.73 9,139.45 9,608.02 10,102.08 10,620.42 11,166.66 Fire Battalion Chief (22 years) 8,717.38 9,165.31 9,635.12 10,130.52 10,650.25 11,197.98 COLA year 1 (4%) 348.70 366.61 385.40 405.22 426.01 447.92 MA year 1 (1%) 87.17 91.65 96.35 101.31 106.50 111.98
Year 1 - With COLA and Market
Adjustment 9,153.25 9,623.58 10,116.88 10,637.05 11,182.76 11,757.88 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 9,153.25 9,623.58 10,116.88 10,637.05 11,182.76 11,757.88

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COLA year 3 (2%) 183.06 192.47 202.34 212.74 223.66 235.16 Birthday Holiday year 3 (0.41%) 37.53 39.46 41.48 43.61 45.85 48.21 MA year 3 (0%) - - - - - -
Year 3 - With COLA and Birthday
Holiday 9,373.84 9,855.50 10,360.69 10,893.40 11,452.27 12,041.24 Fire Battalion Chief (22 years) -
Admin 8,248.76 8,672.67 9,117.30 9,586.13 10,078.00 10,596.35 COLA year 1 (4%) 329.95 346.91 364.69 383.45 403.12 423.85 MA year 1 (1%) 82.49 86.73 91.17 95.86 100.78 105.96
Year 1 - With COLA and Market
Adjustment 8,661.20 9,106.30 9,573.17 10,065.44 10,581.90 11,126.17 COLA year 2 (0%) - - - - - -
MA year 2 (0%) - - - - - -
Year 2 - 8,661.20 9,106.30 9,573.17 10,065.44 10,581.90 11,126.17 COLA year 3 (2%) 173.22 182.13 191.46 201.31 211.64 222.52 MA year 3 (0%) - - - - - -
Year 3 - With COLA 8,834.42 9,288.43 9,764.63 10,266.75 10,793.54 11,348.69 APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective 7/1/22the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Fire Battalion Chief 9,223.50 9,697.42 10,194.53 10,718.68 11,268.59 11,848.12 COLA and MA year 1 (10%) 922.35 969.74 1,019.45 1,071.87 1,126.86 1,184.81 Year 1 - Monthly Salary 10,145.85 10,667.17 11,213.98 11,790.55 12,395.45 13,032.93 COLA and MA year 2 (3%) 304.38 320.01 336.42 353.72 371.86 390.99 Year 2 - Monthly Salary 10,450.23 10,987.18 11,550.40 12,144.27 12,767.32 13,423.92 COLA and MA year 3 (3%) 313.51 329.62 346.51 364.33 383.02 402.72 Year 3 - Monthly Salary 10,763.74 11,316.80 11,896.91 12,508.60 13,150.34 13,826.64 Fire Battalion Chief - Admin 8,692.73 9,139.45 9,608.02 10,102.08 10,620.42 11,166.66 COLA and MA year 1 (10%) 869.27 913.95 960.80 1,010.21 1,062.04 1,116.67 Year 1 - Monthly Salary 9,562.00 10,053.40 10,568.82 11,112.29 11,682.46 12,283.33 COLA and MA year 2 (3%) 286.86 301.60 317.06 333.37 350.47 368.50 Year 2 - Monthly Salary 9,848.86 10,355.00 10,885.88 11,445.66 12,032.94 12,651.83 COLA and MA year 3 (3%) 295.47 310.65 326.58 343.37 360.99 379.55 Year 3 - Monthly Salary 10,144.33 10,665.65 11,212.46 11,789.03 12,393.93 13,031.38

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CITY OF STOCKTON 58

MEMORANDUM OF UNDERSTANDING
Fire Battalion Chief (22 years) 9,373.84 9,855.50 10,360.69 10,893.40 11,452.27 12,041.24 COLA and MA year 1 (10%) 937.38 985.55 1,036.07 1,089.34 1,145.23 1,204.12 Year 1 - Monthly Salary 10,311.23 10,841.05 11,396.76 11,982.74 12,597.49 13,245.37 COLA and MA year 2 (3%) 309.34 325.23 341.90 359.48 377.92 397.36 Year 2 - Monthly Salary 10,620.56 11,166.29 11,738.66 12,342.22 12,975.42 13,642.73 COLA and MA year 3 (3%) 318.62 334.99 352.16 370.27 389.26 409.28 Year 3 - Monthly Salary 10,939.18 11,501.27 12,090.82 12,712.49 13,364.68 14,052.01 Fire Battalion Chief (22 years) - Admin 8,834.42 9,288.43 9,764.63 10,266.75 10,793.54 11,348.69 COLA and MA year 1 (10%) 883.44 928.84 976.46 1,026.67 1,079.35 1,134.87 Year 1 - Monthly Salary 9,717.86 10,217.27 10,741.09 11,293.42 11,872.89 12,483.56 COLA and MA year 2 (3%) 291.54 306.52 322.23 338.80 356.19 374.51 Year 2 - Monthly Salary 10,009.40 10,523.79 11,063.32 11,632.22 12,229.08 12,858.07 COLA and MA year 3 (3%) 300.28 315.71 331.90 348.97 366.87 385.74 Year 3 - Monthly Salary 10,309.68 10,839.50 11,395.22 11,981.19 12,595.95 13,243.81

ATTACHMENT C
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE ADDENDUM TO THE APPROVED

MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND

THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON
FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT UNIT
The Director of Human Resources, in her capacity as the Employee Relations Officer, along with the negotiating team, met and conferred with officials of the Stockton Police Management Association (SPMA), Stockton Firefighters’ Local 456 Fire Unit, and Stockton Firefighters’ Local 456 Fire Management Unit and reached a tentative agreement for a successor Memorandum of Understanding and reduced the agreement to writing. The SPMA employee unit ratified the agreement on June 24, 2022 by a majority vote of their members. Subsequently, the Fire Unit and Fire Management Unit ratified the agreement on June 27, 2022 by a majority vote of their members. The Memoranda of Understanding was approved by resolution 2022-07-12-1206; now therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

The amendments to the MOUs for SPMA, Fire, and the Fire Management are summarized as follows:

SPMA, Fire, and Fire Management Unit:

SPMA Unit:

1. COLA and Market Adjustment. 9.65% increase to base pay (comprised of a 2% COLA and a 7.65% Market Adjustment) effective July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024 (Fire Unit MOU, Section 15.9(a)), a copy of which is attached as Exhibit 2 and incorporated by this reference.

Fire Management Unit:

The City Manager and the Employee Relations Officer are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED July 26, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

CITY OF STOCKTON

POLICE MANAGEMENT UNIT

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been jointly prepared by the parties.

EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON ii

TABLE OF CONTENTS
Section 1. Recognition ................................................................................................. 1 Section 2. Union Rights................................................................................................ 2 Section 3. Non-Discrimination ...................................................................................... 5 Section 4. Probation..................................................................................................... 6 Section 5. Layoff........................................................................................................... 7 Section 6. Reemployment .......................................................................................... 10 Section 7. Discipline................................................................................................... 11 Section 8. Grievance Procedures............................................................................... 12 Section 9. Leaves....................................................................................................... 16 Section 10. Days and Hours of Work ........................................................................... 25 Section 11. Overtime.................................................................................................... 26 Section 12. Holidays..................................................................................................... 27 Section 13. Compensation and Allowances other than Base Salary............................ 29 Section 14. Insurance Plans......................................................................................... 34 Section 15. Salary Plan................................................................................................ 37 Section 16. Separability of Provisions .......................................................................... 40 Section 17. Practices and existing Memoranda of Understanding ............................... 40 Section 18. Scope of Agreement.................................................................................. 40 Section 19. Duration of Agreement .............................................................................. 40 Section 20. Maintenance of Operations ....................................................................... 41 Section 21. Bankruptcy ................................................................................................ 42 APPENDIX A. COLA and Market Adjustments ............................................................ 43 EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 1
Section 1. Recognition

EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 2
SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, canceling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notification will be provided to [email protected]. (8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 3
in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

Any representative of the Association shall give notice to the department head or their designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Police Chief and, when made, shall continue until revoked by the Chief.

Members of the Association are prohibited from using City equipment and/or time for their own personal use.

2.3 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to the adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 4
as are required. At the earliest practicable date thereafter, the Association shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representative designated by the City Manager.

2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:
(1) Name;
(2) Job title;
(3) Department;
(4) Work location;
(5) Personal cellular telephone numbers, including work and home; (6) Personal email addresses as provided by new hire employee; and (7) Home address.

The above information shall be updated and provided to the Union at least every 120 days for all bargaining unit members.

EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 5
SECTION 3. NON-DISCRIMINATION
The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over 40), race, color, religion (creed), national origin (ancestry), military or veterans status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state and/or local law.

The Association shall cooperate with the City to achieve the objectives of Equal Employment Opportunity as defined by Federal and State regulations.

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 6
SECTION 4. PROBATION

4.2 Probationer Advanced to Higher Rank
Any promotional probationary Police Management employee who is advanced to a higher classification, or is appointed to the rank of Chief of Police or Deputy Chief of Police, shall receive credit toward their promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.

During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted unless charges are filed and they are discharged in the manner provided in the City Charter XXXII, section 9, Civil Service Ordinance and Civil Service Rules.

EXHIBIT 1

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TERM: July 1, 2022 – June 30, 2025
CITY OF STOCKTON 7
SECTION 5. LAYOFF

5.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works

5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.4 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories:

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(a) Extra help
(b) Provisional
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to continuous service in class, plus all higher classes, except as specified above. For the purpose of this procedure, part-time classes shall be considered as separate from regular full-time classes.

The following provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service in the event the leave was taken subsequent to entry in the department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service.
(c) Time worked in a regular or probationary status shall count as service.

City Council and Concurrent AuthoritiesJuly 26, 2022

City Council and Concurrent Authorities
July 26, 2022