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Home My WebLink About2014-09-11 Council Agenda PacketThursday, September 11, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final Regular Session September 11, 2014City Council Meeting Agenda - Final The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (*) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION. Page 2 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final 8:30 A.M. ROLL CALL Invocation by Rev. Paul McCoy, Pastor of New Light for New Life Church of God Pledge of Allegiance to the Flag Ceremonial Presentations: Presentation of SPCA Pet of the Month Proclamation of “ATTENDANCE AWARENESS MONTH”ID#14-262 Sponsors:Mayor's Office Approve City Council Minutes Approval of City Council minutes from August 21, and August 28, 2014 ID#14-368 Sponsors:Office of the City Clerk Approve Successor Agency / Fresno Revitalization Corporation Minutes Approval of Successor Agency minutes from August 28, 2014 and Fresno Revitalization Corporation minutes from August 28, 2014. ID#14-369 Sponsors:Office of the City Clerk Councilmember Reports and Comments Approve Agenda 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Actions pertaining to the Lease Agreement between the City of Fresno and CH2MHill to lease space in Building A ID#14-1821-A Page 3 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final at the Municipal Service Center (MSC) 1.Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 (Existing Facilities) for lease 2.Approve Lease Agreement between the City of Fresno and CH2MHill to lease space in Building A at the Municipal Service Center (MSC) and authorize the City Manager to execute the agreement subject to City Attorney approval Sponsors:Office of Mayor & City Manager Actions pertaining to the acquisition of 2792 W. San Madele Avenue (County island within Council District 2) 1. Adopt a finding of conformity prepared for EA 14-017 for the proposed construction of a new water supply well 2.Approve the fee simple acquisition of 2792 W San Madele Avenue required for construction of a new water supply well in the amount of $300,000 ID#14-2531-B Sponsors:Department of Public Utilities Approve agreement with the 21st District Agricultural Association to add indemnification language and reauthorize the City of Fresno to enter into a three year agreement with the 21st District Agricultural Association for $752,661.56 to provide police services at the Fresno District Fair (Council District 5) ID#14-2841-C Sponsors:Police Department Actions pertaining to the Garage 8 Air Sensor Replacements and Exhaust Fan Controller Upgrade Project (Council District 3) 1.Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(d) of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract to Strategic Mechanical, Inc. of Fresno, California in the amount of $227,469 for the Garage 8 Air Sensors Replacement and Exhaust Fan Controller Upgrade Project ID#14-3181-D Page 4 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final Sponsors:Public Works Department Page 5 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final Approve a State of California Lead Poisoning Prevention Program Agreement in the amount of $436,470 with the County of Fresno, for three years, for lead hazard assistance and outreach ID#14-3291-E Sponsors:Planning and Development Department Authorize the Director of Aviation to execute a consulting agreement with Blair, Church & Flynn Consulting Engineers of Clovis, CA to provide professional civil engineering consulting services to relocate employee parking and provide other related facilities at Fresno Yosemite International Airport in an amount not to exceed $97,580 ID#14-3431-F Sponsors:Airports Actions pertaining to the South Van Ness Industrial District Historic Survey 1.* RESOLUTION - 18th Amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Survey (Requires 5 affirmative votes) 2.Authorize the Director of the Development and Resource Management Department to accept a Certified Local Government Grant for $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Historic Survey and authorize the Director and her designee(s) to execute all related agreements and payment requests ID#14-3461-G Sponsors:Planning and Development Department CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Approve the appointment of Michael Lima as City Controller ID#14-357 Sponsors:Office of Mayor & City Manager Page 6 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final *1.Adopt a Memorandum of Understanding (MOU) between the City of Fresno (City) and the Fresno Police Officers Association (FPOA) - Unit 4 (Police Non-management), covering the period September 11, 2014 through June 30, 2017 *2.Adopt a Memorandum of Understanding (MOU) between the City and FPOA - Unit 9 (Police Management), covering the period September 11, 2014 through June 30, 2017 *3.Adopt a Side Letter of Agreement between the City and FPOA, Unit 4 and Unit 9 regarding a study of FMC provisions regarding Fire and Police retirement benefits ID#14-370 Sponsors:Personnel Services Department 3. CITY COUNCIL BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property. ID#14-2343-A Sponsors:Mayor Brand 4. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-167-01T and 468-350-46T (Santa Fe Lot) Negotiators: City Manager Bruce Rudd; Summa Development Group, Baltara Enterprises, Limited Partnership ID#14-3514-A Sponsors:Public Works Department 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:10 A.M. HEARING to consider Rezone Application No. R-14-007 and Environmental Assessment No. R-14-007, filed by Dirk Poeschel of Poeschel Land Development Services, Inc., on behalf of the Second Church of Christ, Scientist, and pertains to 1.58± acres of an overall 2.96-acre site located on the ID#14-345 Page 7 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final northeast corner of West Shaw and North College Avenues (280 West Shaw Avenue; APN: 417-333-04) (District 2) - Development and Resource Management Department 1.Consider the environmental finding of a Categorical Exemption for Environmental Assessment No. R-14-007, dated June 12, 2014 2.BILL - Amending the Official Zone Map to reclassify 1.58± acres from the R-1 (Single Family Residential) zone district to the C-P (Administrative and Professional Office District) zone district. Sponsors:Planning and Development Department PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS SEPTEMBER 25 10:00 A.M. TEFRA HEARING re: CSCDA for the issuance of conduit bonds for the Fresno Kearney Cooley Plaza located in southwest Fresno OCTOBER 2 10:00 A.M. HEARING re: CFD No. 11, Tract Map No. 6063 - south corner of N. Friant Road and E. Copper Avenue OCTOBER 2 10:10 a.m. WORKSHOP re: FMC Sign Ordinance Page 8 City of Fresno ***Subject to Mayoral Veto September 11, 2014City Council Meeting Agenda - Final OCTOBER 23 10:00 A.M. HEARING ordering the vacation of a portion of the northwest side of Stanislaus Street northeast of Fulton Street (Council District 3) OCTOBER 23 10:15 A.M. HEARING re: Rezone Application No. R-14-004 filed by Poeschel Land Development Services on behalf of property owner Bill Milam UPCOMING EMPLOYEE CEREMONIES OCTOBER 2 8:30 A.M. Presentation of Employee of the Quarter Award (Reception immediately following - 2nd floor foyer) OCTOBER 22 (Wednesday) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) 2014 CITY COUNCIL MEETING SCHEDULE SEPTEMBER 4 - NO MEETING OCTOBER 2 - 8:30 A.M. SEPTEMBER 11 - 8:30 A.M. OCTOBER 9 - 8:30 A.M. SEPTEMBER 18 - NO MEETING OCTOBER 16 - NO MEETING SEPTEMBER 25 - 8:30 A.M. OCTOBER 23 - 8:30 A.M. OCTOBER 30 - 8:30 A.M. NOVEMBER 6 - 8:30 A.M. DECEMBER 4 - 8:30 A.M. NOVEMBER 13 - NO MEETING DECEMBER 11 - 8:30 A.M NOVMEBER 20 - 8:30 A.M. DECEMBER 18 - 1:30 P.M. NOVEMBER 27 - NO MEETING DECEMBER 25 - NO MEETING Page 9 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-262 Agenda Date:9/11/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of “ATTENDANCE AWARENESS MONTH” Mayor Swearengin City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ FROM THE OFFICE OF MAYOR ASHLEY SWEARENGIN PROCLAMATION WHEREAS,consistent attendance is essential to student achievement and graduation, and our community is committed to dedicating our attention to reducing chronic absenteeism, with a focus starting as early as kindergarten; and WHEREAS,chronic absence – missing 10 percent or more of school for any reason including excused and unexcused absences, or just two or three days per month – is a proven predictor of academic trouble and dropout rates; and WHEREAS,the impact of chronic absence hits low-income and children of color particularly hard if they lack the resources to make up for lost time in the classroom and are more likely to face systemic barriers to getting to school such as limited or unreliable transportation, lack of access to health care, and unstable or unaffordable housing; and WHEREAS,chronic absence exacerbates the achievement gap that separates low-income students from their peers, since students from low-income families are both more likely to be chronically absent and more likely to be affected academically by missing school; and WHEREAS,absenteeism also undermines efforts to improve struggling schools, since it is difficult to measure improvement in classroom instruction if students are not in class to benefit from the instruction; and WHEREAS,schools and districts track, calculate and share the data on how many students are chronically absent so that the proper interventions can be delivered for students in need; and WHEREAS,all students – even those who show up regularly – are affected by chronic absence, as teachers must spend time reviewing for students who miss lessons; and WHEREAS,improving attendance and reducing chronic absence takes commitment, collaboration and tailored approaches to particular challenges and strengths in each community; and WHEREAS,schools, families, neighborhoods, and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend regularly; and WHEREAS,chronic absence can be significantly reduced when schools, parents and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, THEREFORE, BE IT RESOLVED that I, Mayor Ashley Swearengin, do hereby proclaim the month of September 2014 to be: “ATTENDANCE AWARENESS MONTH” in the City of Fresno. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Fresno, California, this 11th day of September, 2014. ______________________________________________ MAYOR ASHLEY SWEARENGIN City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-368 Agenda Date:9/11/2014 Agenda #: CITY COUNCIL MINUTES FOR APPROVAL Approval of City Council minutes from August 21, and August 28, 2014 City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 1:30 PM Council ChambersThursday, August 21, 2014 Regular Session The City Council met in regular session at the hour of 1:30 P.M. in the Council Chamber, City Hall, on the day above written. Invocation by Kevin Foster of the Life Bridge Community Church Pledge of Allegiance to the Flag 1:37 P.M. ROLL CALL Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Present:6 - Council President Steve BrandauAbsent:1 - Ceremonial Presentations A moment of silence was held in the memory of Jack Hall. Councilmember Olivier requested the Council meeting be adjourned in the memory of Mr. Hall. City of Fresno *Subject to mayoral veto Page 1 August 21, 2014City Council Meeting Minutes - Draft ID#14-287 Presentation of the SPCA Pet of the Month -Councilmember Olivier Sponsors:City Clerk's Office Presented Approve City Council Minutes ID#14-302 Approval of City Council minutes from July 17, July 24 and July 31, 2014 Sponsors:City Clerk's Office City Clerk Spence announced that page 15 of the minutes for July 31, 2014 should note that the Bill introduced and Laid over for File ID# 14-203 was Bill B-34. APPROVED AS AMENDED On motion of Councilmember Caprioglio, seconded by Councilmember Quintero, the above Minutes were approved as amended. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - Approve Successor Agency / Fresno Revitalization Corporation Minutes ID#14-303 Approval of Successor Agency minutes from July 31, 2014 and Fresno Revitalization Corporation minutes from June 19 and 26, 2014. Sponsors:City Clerk's Office APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the above Successor Agency Minutes and Fresno Revitaliztion Corporation Minutes were approved. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - City of Fresno *Subject to mayoral veto Page 2 August 21, 2014City Council Meeting Minutes - Draft Councilmember Reports and Comments Councilmember Quintero reported on the forthcoming second annual Carnival at the Mosqueda Community Center. Councilmember Quintero thanked the PARCS Department and all involved for the preparations being made and expected the event to bring in more than the 5,000 people that attended last year. Councilmember Caprioglio reported on the third annual Summer Summit in which community partners gathered to discuss El Dorado Park and its success. Councilmember Caprioglio announced there would be a walk at 10:00 A.M. on Saturday in a continued effort at Community Revitalization at a grass roots level. The walk will begin at Sierra Madre, the first street south of Shaw between Cedar and Maple. Councilmember Caprioglio also reported on the outreach by Councilmembers Olivier and President Brandau with Madera County Supervisors and noted the City of Fresno was continuing its outreach on a regional basis and within the County. Councilmember Caprioglio noted another regional meeting would be scheduled within the next sixty days. Councilmember Xiong asked City Manager Rudd if a youth organization had contacted his office and reported that he was working with a developer and City staff to host a future community meeting about the Vallarta Development at Clinton and Weber Avenues. Approve Agenda Councilmember Brand continued City Council Item, ID# 14-234, concerning controlled substances on public and City property, to August 28, 2014. APPROVED AS AMENDED On motion by Councilmember Quintero, seconded by Councilmember Olivier, the Agenda was approved as amended. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - City of Fresno *Subject to mayoral veto Page 3 August 21, 2014City Council Meeting Minutes - Draft 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR The following member(s) of the public spoke on Consent Calendar Items: Phil Sky (File ID#14-277) On motion of Councilmember Xiong, seconded by Councilmember Olivier, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - ID#14-123 Approve the attached Utility Relocation Agreement with the California High-Speed Rail Authority (CHSRA) (Council Districts 1, 2 & 3) Sponsors:Public Works Department APPROVED The above item was approved on the Consent Calendar. ID#14-192 Approve agreements with Unison to complete the purchase of a defined easement for the cell site at Fire Station 13 Sponsors:Fire Department APPROVED The above item was approved on the Consent Calendar. ID#14-219 *RESOLUTION - 9th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $237,600 from the 2014 Byrne Justice Assistance Grant Program award, from the U .S. Department of Justice, Bureau of Justice Assistance (Requires 5 affirmative votes) RESOLUTION 2014-126 ADOPTED The above item was adopted on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 4 August 21, 2014City Council Meeting Minutes - Draft ID#14-223 Authorize the Director of Transportation to execute an agreement between the City of Fresno and California State University, Fresno, allowing the university to use its agency-issued identification cards as fare media for access on Fresno Area Express fixed-route buses Sponsors:Department of Public Transportation (FAX) APPROVED The above item was approved on the Consent Calendar. ID#14-232 RESOLUTION - Dedicating certain City-owned property as easements for public street, pedestrian walkway, utility and landscape purposes at Pump Station No. 349 located at the southwest corner of N. Locan Avenue and E. Andrews Avenue (Council District 4) Sponsors:Public Works Department RESOLUTION 2014-127 ADOPTED The above item was adopted on the Consent Calendar. ID#14-233 BILL - (For introduction) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) Sponsors:Public Works Department BILL B-35 INTRODUCED AND LAID OVER The above Bill was introduced and laid over on the Consent Calendar. ID#14-236 Approve the reappointment of Mary Ann Rogozinski to the Civil Service Board; the appointment of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton to the Fresno Housing Authority Sponsors:Mayor's Office APPROVED The above appointment was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 5 August 21, 2014City Council Meeting Minutes - Draft ID#14-237 *RESOLUTION - Adopting the 11th amendment to the Annual Appropriation Resolution 2014-95 recognizing $10,000 in revenue from developer contributions to form the City of Fresno Community Facilities District No. 15 East Copper River Maintenance District (the eastern half of the Copper River Ranch Development, between Silaxo Lane (private street), East Copper Avenue, North Willow Avenue and North Baird Avenue) (Council District 6) (Requires 5 affirmative votes) Sponsors:Public Works Department RESOLUTION 2014-128 ADOPTED The above item was adopted on the Conesnt Calendar. ID#14-238 1.*Adopt a Side Letter of Agreement on Compensatory Time Off between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 5, Non-Management Fire (Fire Basic) 2.*Adopt an Amendment to the Memorandum of Understanding (MOU) between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 10 (Fire Management), correcting a clerical error Sponsors:Personnel Services Department APPROVED The above item was adopted on the Consent Calendar. ID#14-252 * RESOLUTION - 10th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $25,000 from PG&E for the operation of the Summer Cooling Centers (Requires 5 affirmative votes) RESOLUTION 2014-129 ADOPTED The above item was adopted on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 6 August 21, 2014City Council Meeting Minutes - Draft ID#14-264 *RESOLUTION - 7th Amendment to the Annual Appropriation Resolution 2014-95 appropriating $94,000 into the FY 15 budget for the Anti-Human Trafficking Task Force Project from the California Office of Emergency Services (CalOES) (Requires 5 affirmative votes) Sponsors:Police Department RESOLUTION 2014-130 ADOPTED The above item was adopted on the Consent Calendar. ID#14-265 *RESOLUTION - 8th amendment to the Annual Appropriation Resolution 2014-95 appropriating $42,000 for the Child Sexual Predator Program (CSPP), funding by the US Department of Justice, Office of Community Oriented Policing Services (COPS) (Requires 5 affirmative votes) Sponsors:Police Department RESOLUTION 2014-131 ADOPTED The above item was adopted on the Consent Calendar. ID#14-271 Approve an Amendment to the Agreement between the City of Fresno and Avante Behavioral Health Employee Assistance Program Sponsors:Personnel Services Department APPROVED The above item was approved on the Consent Calendar. ID#14-283 Action Pertaining to Repeal of the Four Year Water Rate Plan 1.* BILL NO. B-34 (Intro 7/31/2014) (For adoption) - Adopting the Ordinance Repealing Resolution No. 2013-143 that adopted the Four Year Water Rate Plan and Resolution No. 2013-144 that amended the Master Fee Schedule adjusting the water rates; Sponsors:City Clerk's Office ORDINANCE 2014-35 ADOPTED The above item was adopted on the Consent Calendar. ID#14-277 *BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - Amending the Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing citizens to file Administrative Complaints for Municipal Code violations involving public nuisances. Sponsors:City Attorney's Office City of Fresno *Subject to mayoral veto Page 7 August 21, 2014City Council Meeting Minutes - Draft Councilmember Olivier noted that he would like to register a "no" vote for the above item. The above item was subsequently moved to the Contested Consent Calendar for further discussion by Acting President Baines. ID#14-288 Approve the appointment of George Railey, Jr. to the Fresno Regional Workforce Investment Board; and Joe Martinez to the Bicycle and Pedestrian Advisory Committee APPROVED The above appointment was was approved on the Consent Calendar. ID#14-298 *BILL NO. B-33 (Intro. 7/31/2014) (For adoption) - Amend Sections 1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure Sponsors:City Attorney's Office ORDINANCE 2014-36 ADOPTED The above item was adopted on the Consent Calendar. CONTESTED CONSENT CALENDAR ID#14-277 *BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - Amending the Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing citizens to file Administrative Complaints for Municipal Code violations involving public nuisances. Sponsors:City Attorney's Office City Attorney Sloan briefly discussed the item. TABLED On motion of Acting President Baines, seconded by Councilmember Olivier, the above item was tabled until after the Code Enforcement sub-committee could meet on the issue. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - 2. GENERAL ADMINISTRATION ID#14-211 Actions pertaining to the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue - Bid File 3339 (Council Districts 4 and 6) 1.Adopt finding of Categorical Exemption per staff determination, City of Fresno *Subject to mayoral veto Page 8 August 21, 2014City Council Meeting Minutes - Draft pursuant to Section 15301(c) of the CEQA Guidelines, for the Fresno Street Pavement Overlay from Gettysburg Avenue to Sierra Avenue 2.* RESOLUTION - 6th amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $1,332,600 for construction costs on the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue Capital Project in FY 2015 (Requires 5 affirmative votes) 3.Award a Construction Contract to AS Dezign Inc ., of Fresno, California in the amount of $1,077,551 as the lowest responsive responsible bidder for the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue Sponsors:Public Works Department Design Services Manager Goonawardena introduced the above item to Council. RESOLUTION 2014-132 ADOPTED On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - ID#14-221 Actions pertaining to the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project Bid File 3290 (Council Districts 4 and 7) 1.Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(c) (Existing Facilities) of the CEQA Guidelines for the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue 2.Award a construction contract with Seal Rite Paving and Grading of Fresno, California in the amount of $350,568 for the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project Sponsors:Public Works Department Capital Project Manager Son introduced the above item to Council and Director Mozier addressed some questions by Council. The following member(s) of the public spoke on this item: Austin Gyllenhaal. APPROVED City of Fresno *Subject to mayoral veto Page 9 August 21, 2014City Council Meeting Minutes - Draft On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Quintero and Xiong5 - No:Olivier1 - Absent:Brandau1 - ID#14-231 RESOLUTION - To submit Grant Applications for up to $1,300,000 to Fresno Council of Governments Regional Competitive Active Transportation Program (RCATP) and authorizing the execution of documents by the Public Works Director or Designee Sponsors:Public Works Department Capital Project Manager Son introduced the above item to Council and Director Mozier addressed some questions by Council. The following member(s) of the public spoke on this item: Austin Gyllenhaal. RESOLUTION 2014-133 ADOPTED On motion of Councilmember Xiong, seconded by Councilmember Quintero, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - City of Fresno *Subject to mayoral veto Page 10 August 21, 2014City Council Meeting Minutes - Draft ID#14-247 Implementation of Fire Department Self -Inspection Program and Fire Inspection Policy Change Recommendations 1.* RESOLUTION - 1st amendment to the Position Authorization Resolution No. 2014-96 adding two (2) Fire Inspector positions to the Fire Department and two (2) Fire Inspector positions to the Development and Resource Management Department Sponsors:Fire Department Chief Donis introduced the above item to Council. CONTINUED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was continued to August 28, 2014. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - 3. CITY COUNCIL ID#14-234 BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property. Sponsors:City Councilmember Brand The above item was removed from the Agenda by Councilmember Brand and continued to August 28, 2014. 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:30 P.M. SCHEDULED COMMUNICATION ID#14-300 Appearance by Sandra Celedon-Castro to discuss Building Healthy Communities Sandra Celedon-Castro, Hub Manager of Building Healthy Communities, and Veronica Garibay, Co-Director of the Leadersihip Council for Justice and Accountability, appeared and spoke to the Council about building healthy communities in Fresno and the General Plan update. City of Fresno *Subject to mayoral veto Page 11 August 21, 2014City Council Meeting Minutes - Draft UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Ashley Werner, staff attorney with the Leadership Council for Justice and Accountability - discussed infill, transit, parks and open space in relation to the general plan update. Sabina Gonzalez of CNC Education Fund - provided a map to council and discussed the general plan updated including: investment priorities, industrial uses in south and west Fresno, public involvement in the decision making process, monitoring and reporting on the goals of the general plan. Acting President Baines announced that unscheduled communication would be interrupted for Closed Session but would resume when open session continued. 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 3:08 P.M. to 3:56 P.M to discuss the following: ID#14-206 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) 1.City of Fresno v. Fresno Auto Dealers Auction, Inc., et al. Fresno County Superior Court Case No.: 13CECG00288 Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcements were made regarding this item. ID#14-240 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Joan Byrd, et al. v. County of Fresno, City of Fresno Fresno County Superior Court Case No.: 14CECG01502 Case Name: Union of Medical Marijuana Patients, Inc., et al. v. City of Fresno Fresno County Superior Court Case No.: 14CECG01316 Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcements were made regarding this item. City of Fresno *Subject to mayoral veto Page 12 August 21, 2014City Council Meeting Minutes - Draft UNSCHEDULED COMMUNICATION CONTINUED The following member(s) of the public spoke to Council about items not on the agenda: Rick Morse - discussed the recent tour of his medical marijuana facility and provided Council with handouts from the tour. Brunette Harris of the Southwest Fresno H.E.A.T. - discussed the lack of input from the community on the general plan update and various projects and the resulting illegality of those items. Mary Savala of the League of Women Voters of Fresno - discussed transit in the draft general plan including the weak implementing policies, the need for efficiencies and the difficulty of measuring the plans effectiveness. Pastor Christopher Breedlove of Community UCC - requested a designated time for Building Healthy Communities and like-minded partners to offer a full presentation of comments on the 2035 General Plan and a time for a full public workshop and robust public input. Mary Curry of Concerned Citizens of West Fresno - discussed finding a way for elected officials to allow community organizations to give presentations to Council. Councilmember Quintero called Mary Savala to the podium for additional comment. Ms. Saval expressed her disappointment about how the Building Healthy Community coalition presentation on the general plan update was broken into pieces and suggested that procedural changes be considered. GENERAL ADMINISTRATION CONTINUED ID#14-254 Approve Second Amendment to Agreement with Carollo Engineers, Inc., for the Design of the City of Fresno’s 80-Million Gallon Per Day Southeast Surface Water Treatment Facility and Raw Water Diversion and Conveyance Pipeline and Authorize the Director of Public Utilities or his designee to sign the Amendment on behalf of the City of Fresno (City) Sponsors:Department of Public Utilities Director Esqueda introduced the above item Council. City of Fresno *Subject to mayoral veto Page 13 August 21, 2014City Council Meeting Minutes - Draft APPROVED On motion of Councilmember Brand, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - ID#14-267 Action pertaining to an Annual Appropriation Resolution for the High Speed Rail Station Area Master Plan 1.* RESOLUTION- 3rd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes) Director Clark introduced the above item to Council. The following memeber(s) of the public discussed this item: Kathy Omachi, Alan Scott and Cheryl Lynn Smith. NOT APPROVED Acting President Baines motioned to approve the above item and received a second from Councilmember Xiong. The motion FAILED by the following vote: Aye:Baines, Quintero and Xiong3 - No:Brand, Caprioglio and Olivier3 - Absent:Brandau1 - ID#14-268 BILL - (For introduction) - Consider repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining Assistant Director Sanchez introduced the above item to Council. BILL B-36 INTRODUCED AND LAID OVER On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - City of Fresno *Subject to mayoral veto Page 14 August 21, 2014City Council Meeting Minutes - Draft SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 2:00 P.M. HEARING ID#14-226 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 54 (Final Tract Map No. 6073) (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) 1.RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION - Declaring Election Results 4.* BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 54, Final Tract Map No. 6073 Sponsors:Public Works Department Assistant Director Benelli introduced the above item to Council. #1 ADOPTED AS RESOLUTION 2014-134 #2 ADOPTED AS RESOLUTION 2014-135 # 3 ADOPTED AS RESOLUTION 2014-136 #4 INRODUCED AS BILL B-37 AND ADOPTED AS ORDINANCE 2014-37 On motion of Councilmember Quintero, seconded by Councilmember Brand, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brandau1 - 4:00 P.M. WORKSHOP ID#14-162 WORKSHOP regarding R-1 (Single Family Residential) property development standards Sponsors:Development and Resource Management Department Director Clark presented the workshop followed by consultant Steven Balliet of Jeffrey DeMure and Associates, and Dana Burkhart of Hubl Planning and Design. City of Fresno *Subject to mayoral veto Page 15 August 21, 2014City Council Meeting Minutes - Draft Councilmember Quintero directed staff to provide clearer print copies of the powerpoint presentation. PRESENTED CLOSED SESSION CONTINUED The City Council continued in closed session in Room 2125 from 6:21 P.M. to 7:45 P.M. to discuss the following: ID#14-251 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: NORTH CENTRAL FIRE PROTECTION DISTRICT v. CITY OF FRESNO Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcements were made regarding this item. ID#14-285 A.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: Under Seal v. Under Seal The above item was discussed in closed session. No open session announcements were made regarding this item. ID#14-295 CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) Sponsors:Personnel Services Department City of Fresno *Subject to mayoral veto Page 16 August 21, 2014City Council Meeting Minutes - Draft The above item was discussed in closed session. No open session announcements were made regarding this item. ID#14-312 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Chukchansi Park (Multipurpose Stadium) Negotiating Parties: City Manager Bruce Rudd; Chris Cummings, Fresno Baseball Club, LLC and Fresno Baseball Club, LLP Sponsors:City Manager's Office The above item was discussed in closed session. No open session announcements were made regarding this item. ADJOURNMENT Adjourned in the memory of Jack Hall at 7:45 P.M. City of Fresno *Subject to mayoral veto Page 17 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 1:30 PM Council ChambersThursday, August 28, 2014 Regular Session The City Council met in regular session at the hour of 1:30 P.M. in the Council Chamber, City Hall, on the day above written. 1:38 P.M. ROLL CALL Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Present:7 - Invocation by President Brandau Pledge of Allegiance to the Flag Ceremonial Presentations ID#14-332 Proclamation of “CHICANO HISTORY REVISITED” Sponsors:City Councilmember Quintero PRESENTED City of Fresno *Subject to mayoral veto Page 1 August 28, 2014City Council Meeting Minutes - Draft Approve City Council Minutes ID#14-326 Approval of City Council minutes from August 21, 2014 Laid over to September 11, 2014 Councilmember Reports and Comments Councilmember Xiong thanked staff for doing a great job at the community meeting at DiCicco's restaurant the previous day. Councilmember Caprioglio expressed his gratitude to Fresno State University and students for volunteering their time for a community clean up around Sierra Madre Avenue between Cedar and Maple Avenues during the first week of school. Councilmember Caprioglio also reported that he and Councilmember Xiong had attended the 68th anniversary of India's Independence from Great Britain. Councilmember Caprioglio noted the history of India's independence was a fascinating story and encouraged people to look it up and to attend the event next year. Acting President Baines asked City Manager Rudd when the transportation and code enforcement sub-committees could be enacted. City Manager Rudd replied that presentations regarding the transportation and code enforcement sub-committees should occur around the first two weeks of October. Councilmember Quintero thanked Public Utilities staff as well as Water Conservation Supervisor Laikam and Revenue Manager Reams for going above and beyond while assisting members of the public with their watering and conservation concerns. City Manager Rudd also thanked Public Work staff and the Irrigation Specialists who responded to the recent changes and reset all the City's sprinkler timers. President Brandau expressed his support for Fresno State Football and noted the Bulldogs would be playing USC over the weekend. . City of Fresno *Subject to mayoral veto Page 2 August 28, 2014City Council Meeting Minutes - Draft Approve Agenda City Clerk Spence announced there were no changes to the agenda. On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the Agenda was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Caprioglio, seconded by Councilmember Brand, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-174 Approve Automatic and Mutual Aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit Sponsors:Fire Department The above item was moved to the Contested Consent Calendar for further discussion by Councilmember Quintero. ID#14-222 Reject all proposals responding to City’s Request for Qualification for Asset Management Services for Management of City Real Estate Assets - Bid File 060614 (Citywide) Sponsors:Finance Department APPROVED (Proposals Rejected) The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 3 August 28, 2014City Council Meeting Minutes - Draft ID#14-227 RESOLUTION - of Intention to annex Final Tract Map No. 6063, Annexation No. 56, to the City of Fresno Community Facilities District No. 11 (near south corner of North Friant Road and East Copper Avenue) (Council District 6) Sponsors:Public Works Department RESOLUTION 2014-137 ADOPTED The above item was adopted on the Consent Calendar. ID#14-233 BILL NO. B-35 - (For adoption; introduced August 21, 2014) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) Sponsors:Public Works Department The above item was moved to the Contested Consent Calendar for further discussion by Councilmember Caprioglio. ID#14-242 Approve an Agreement with EMG Engineering and Environmental Consulting, of Walnut Creek, California in the amount of $38,860, with a contingency amount of $50,000 for a total fee of $88,860 to conduct the Facilities Condition Assessment (FCA) of the Municipal Service Center (MSC) buildings (Council District 3) Sponsors:Public Works Department The above item was moved to the Contested Consent Calendar for further discussion by President Brandau. ID#14-248 Request City Council approve the annual participation in the Federal Equitable Sharing Agreement Program for the disposition of funds forfeited in connection with a crime and authorizing the execution of related documents Sponsors:Police Department APPROVED The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 4 August 28, 2014City Council Meeting Minutes - Draft ID#14-258 Authorize the Chief of Police to enter into an agreement with Central Unified School District to provide two School Resource Officers at 100% of the actual officer’s cost, a police sergeant at 10% of the actual sergeant’s cost, plus administrative fees and the operation/maintenance costs of two patrol vehicles for a total of $267,483 Sponsors:Police Department The above item was moved to the Contested Consent Calendar for further discussion by President Brandau. ID#14-274 RESOLUTION - Approving the Final Map of Tract No. 5914 and accepting dedicated public uses offered therein -northeast corner of North Hayes Avenue and West Herndon Avenue (Council District 2) Sponsors:Public Works Department RESOLUTION 2014-138 ADOPTED The above item was adopted on the Consent Calendar. ID#14-278 Adopt Resolution of the Council of the City of Fresno, California, authorizing submittal of grant applications for and acceptance of California Department of Resources Recycling and Recovery (CalRecycle), funding for all available grants for which the City of Fresno is eligible Sponsors:Department of Public Utilities RESOLUTION 2014-139 ADOPTED The above item was adopted on the Consent Calendar. ID#14-280 Approve Amendment No. 6 between the City and ERM-West, Inc. (ERM) to provide ongoing engineering, environmental, and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport (FAT) for an amount not to exceed $72,700 Sponsors:Airports APPROVED The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 5 August 28, 2014City Council Meeting Minutes - Draft ID#14-292 Approve the Third Amendment to the Cooperative Agreement with the Fresno County Transportation Authority (FCTA) re-allocating funds in the amount of $241,000 from the construction phase to preliminary engineering phase of the Willow Avenue Widening Project, 0.25 miles south of Nees to Shepherd Avenue under the Measure “C” Tier 1 Program (Council District 6) Sponsors:Public Works Department APPROVED The above item was approved on the Consent Calendar. ID#14-293 Approve a Cooperative Agreement in the amount of $303,658 with the Fresno County Transportation Authority (FCTA) for the Broadway Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program (Council District 3) Sponsors:Public Works Department APPROVED The above item was approved on the Consent Calendar. ID#14-294 Approve a Cooperative Agreement in the amount of $121,342 with the Fresno County Transportation Authority (FCTA) for the Met Block Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program (Council District 3) Sponsors:Public Works Department APPROVED The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 6 August 28, 2014City Council Meeting Minutes - Draft ID#14-299 Authorize the Director of Aviation to execute a consultant services agreement with Kimley-Horn and Associates, Inc., Consulting Airport Engineers, to provide professional civil engineering consulting services for the rehabilitation/reconstruction of the west side terminal apron at Fresno Yosemite International Airport (FAT) in an amount not to exceed $485,000 Sponsors:Airports APPROVED The above item was approved on the Consent Calendar. ID#14-319 Approve the appointment of Lawrence Garcia to the Planning Commission Sponsors:Mayor's Office The above item was moved to the Contested Consent Calendar for further discussion by President Brandau. ID#14-325 * BILL NO. B-36 - (For adoption; Introduced August 21, 2014) - Repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining Sponsors:Development and Resource Management Department ORDINANCE 2014-38 ADOPTED The above item was apdopted on the Consent Calendar. CONTESTED CONSENT CALENDAR ID#14-174 Approve Automatic and Mutual Aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit Sponsors:Fire Department Councilmembers asked questions of Fresno Fire Cheif Donis, CAL Fire Chief Johnson, City Manager Rudd, City Attorney Sloan, IIAF Local 753 President Flores and Mr. Scroggins of the Firefighters Association. TABLED On motion of Acting President Baines, seconded by Councilmember Quintero, the above item was tabled until the meet and confer process was complete, but no longer than thirty days. The motion carried by City of Fresno *Subject to mayoral veto Page 7 August 28, 2014City Council Meeting Minutes - Draft the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-233 BILL NO. B-35 - (For adoption; introduced August 21, 2014) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) Sponsors:Public Works Department Public Works Director Mozier introduced the above item to Council. Couniclmember Quintero exited the Council Chamber at 2:52 P.M. and returned at 2:54 P.M. ORDINANCE 2014-39 ADOPTED On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, that the above Ordinance be adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier and Xiong6 - Absent:Quintero1 - ID#14-242 Approve an Agreement with EMG Engineering and Environmental Consulting, of Walnut Creek, California in the amount of $38,860, with a contingency amount of $50,000 for a total fee of $88,860 to conduct the Facilities Condition Assessment (FCA) of the Municipal Service Center (MSC) buildings (Council District 3) Sponsors:Public Works Department Assistant Director Andersen of Public Works introduced the above item to Council. APPROVED On motion of President Brandau, seconded by Acting President Baines, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Caprioglio, Olivier, Quintero and Xiong6 - City of Fresno *Subject to mayoral veto Page 8 August 28, 2014City Council Meeting Minutes - Draft Absent:Brand1 - 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. Scheduled Communication ID#14-304 Appearance by Ike Gerwal to request Council approve a fee reduction for the use of the Convention Center Mr. Grewal appeared and spoke before Council to invite Council to the West American Truck Show at the Fresno Convention and Entertainment Center on September 6th and 7th. UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Rick Stietz - discussed public safety on Fresno Area Express busses and the promise of council to increase security by utilizing Police Cadets. CONTESTED CONSENT CALENDAR CONTINUED ID#14-258 Authorize the Chief of Police to enter into an agreement with Central Unified School District to provide two School Resource Officers at 100% of the actual officer’s cost, a police sergeant at 10% of the actual sergeant’s cost, plus administrative fees and the operation/maintenance costs of two patrol vehicles for a total of $267,483 Sponsors:Police Department Police Chief Dyer introduced the above item to Council. APPROVED On motion of President Brandau, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - City of Fresno *Subject to mayoral veto Page 9 August 28, 2014City Council Meeting Minutes - Draft ID#14-319 Approve the appointment of Lawrence Garcia to the Planning Commission Sponsors:Mayor's Office Councilmember Xiong exited the Council Chamber at 3:16 P.M. and returned at 3:19 P.M. APPROVED On motion of President Brandau, seconded by Councilmember Quintero, the above appointment was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier and Quintero6 - Absent:Xiong1 - 2. GENERAL ADMINISTRATION ID#14-209 Approve an Agreement with VSCE in the amount of $2,199,691 for the construction management services on the City of Fresno Bus Rapid Transit Project (BRT) Sponsors:Public Works Department Assistant Director Andersen of Public Works introduced the above item to Council. Councilmember Olivier exited the Council Chamber at 3:18 P.M. and returned at 3:21 P.M. APPROVED On motion of Acting President Baines, seconded by Councilmember Quintero, the above item was approved. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Quintero and Xiong5 - No:Brandau1 - Absent:Olivier1 - ID#14-247 Implementation of Fire Department Self -Inspection Program and Fire Inspection Policy Change Recommendations 1.* RESOLUTION - 1st amendment to the Position Authorization Resolution No. 2014-96 adding two (2) Fire Inspector positions to the City of Fresno *Subject to mayoral veto Page 10 August 28, 2014City Council Meeting Minutes - Draft Fire Department and two (2) Fire Inspector positions to the Development and Resource Management Department Sponsors:Fire Department Fire Chief Donis introduced the above item to Council. RESOLUTION 2014-140 ADOPTED On motion of President Brandau, seconded by Councilmember Brand, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-249 Actions pertaining to the Herndon Avenue Widening from Brawley Avenue to Valentine Avenue, Bid File No. 3271 (Council District 2) 1.Approve a common use agreement between the City of Fresno and the Fresno Irrigation District (FID) for the installation of a multipurpose trail 2.Award a construction contract to Emmett’s Excavation Inc., of Fresno, California in the amount of $1,689,986 for the construction of Herndon Avenue widening from Brawley Avenue to Valentine Avenue Sponsors:Public Works Department Public Works Manager Son introduced the above item to Council. Councilmember Caprioglio exited the Council Chamber at 3:30 P.M. and returned at 3:35 P.M. APPROVED On motion of President Brandau, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - City of Fresno *Subject to mayoral veto Page 11 August 28, 2014City Council Meeting Minutes - Draft ID#14-276 *RESOLUTION - Adopt the First Amendment to the FY15 Salary Resolution No. 2014-108, reducing benefits and increasing salary ranges for Unit 2 (unrepresented) employees; adding new classifica- tions of represented employees; modifying salaries to reflect change in minimum wage; additional technical changes1st Amendment to Salary Resolution No. 2014-108 Sponsors:Personnel Services Department Personnel Services Director Cardell introduced the above item to Council. RESOLUTION 2014-141 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - No:Brandau1 - ID#14-307 BILL - (For introduction) - Repealing and adding Section 4-111 of the Fresno Municipal Code relating to Project Labor Agreements Sponsors:City Attorney's Office Deputy City Attorney Collet introduced the above item to Council. BILL B-38 INTRODUCED AND LAID OVER On motion of Councilmember Xiong, seconded by Acting President Baines, the above item was introduced and laid over. The motion carried by the following vote: Aye:Baines, Brand, Quintero and Xiong4 - No:Brandau, Caprioglio and Olivier3 - City of Fresno *Subject to mayoral veto Page 12 August 28, 2014City Council Meeting Minutes - Draft ID#14-275 Approve the Third Amendment to Agreement with Sharp Inspection Group in the amount of $626,968 and extend the completion to April 27, 2015 for the construction management services on the City of Fresno Commercial Water Meter Retrofit Project (Citywide) Sponsors:Public Works Department Assitant Director Andersen of Public Works introduced the above item to Council. Councilmember Caprioglio exited the Council Chamber at 3:57 P.M. and returned at 4:01 P.M. APPROVED On motion of Councilmember Xiong, seconded by Acting President Baines, the above item was approved. The motion carried by the following vote: Aye:Baines, Brand, Olivier, Quintero and Xiong5 - No:Brandau1 - Absent:Caprioglio1 - ID#14-279 * RESOLUTION of the Council of the City of Fresno Adopting the 2nd Amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $900,000 in the 2010 Water Revenue Bond A-1 Fund for the Acquisition of Permanent Pipeline Right-of-Way Easement and Temporary Construction Easements for the Construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (requires 5 affirmative votes) Sponsors:Department of Public Utilities Supervising Professional Engineer Buche introduced the above item to Council. RESOLUTION 2014-142 ADOPTED On motion of Acting President Baines, seconded by Councilmember Brand, the above item was adopted. The motion carried by the City of Fresno *Subject to mayoral veto Page 13 August 28, 2014City Council Meeting Minutes - Draft following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - ID#14-255 Approval of Amendment No. 2 to the Professional Consultant Agreement with CH2MHILL Engineers, Inc., for an amount not-to-exceed $6,900,000 for Fiscal Year (FY 2015) Program Management Services (Citywide) Sponsors:Department of Public Utilities Public Utilities Director Esqueda introduced the above item to Council. Councilmember Xiong requested documentation regarding the scope and scale of outreach for this item. APPROVED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 3. CITY COUNCIL SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 4:00 P.M. Scheduled Matter ID#14-320 Resolution of the Council of the City of Fresno requesting action by Congress on Pending Water Legislation Sponsors:Mayor's Office Mayoral Chief of Staff White introduced the above item to Council followed by Mario Santoyo of the Friant Water Authority. Public Utilities Director Esqueda answered questions. RESOLUTION 2014-143 ADOPTED On motion of President Brandau, seconded by Councilmember Xiong, the above item was adopted. The motion carried by the following vote: City of Fresno *Subject to mayoral veto Page 14 August 28, 2014City Council Meeting Minutes - Draft Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 4:24 P.M. to discuss the following: ID#14-308 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1.RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-15B) Sponsors:Successor Agency to the Redevelopment Agency Redevelopment Administrator Murphey introduced the above item to Council. SUCCESSOR AGENCY RESOLUTION SA-25 ADOPTED FRESNO REVITALIZATION RESOLUTION FRC-14 ADOPTED SUCCESSOR AGENCY VOTE On motion of Vice Chair Caprioglio, seconded by Member Brandau, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - FRESNO REVITALIZATION VOTE On motion of Vice Chair Caprioglio, seconded by Member Brandau, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-309 Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency City of Fresno *Subject to mayoral veto Page 15 August 28, 2014City Council Meeting Minutes - Draft Successor Agency Executive Director Murphey introduced the above item to Council. Councilmember Baines stated, for the record, that Council was committed to maximizing value through the disposition process and would only turn to the auction process as an option of last resort because it provides the lowest returns. APPROVED SUCCESSOR AGENCY VOTE On motion of Chairman Baines, seconded by Member Xiong, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - FRESNO REVITALIZATION VOTE On motion by Chairman Baines, seconded by Member Xiong, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - JOINT MEETING ADJOURNMENT The open session portion of the joint meeting adjourned at 4:32 P.M. UNSCHEDULED COMMUNICATION CONTINUED The following member(s) of the public spoke to Council about items not on the agenda: Anthonia Washington - discussed the possibility of Council granting an exception for disabled people unable to pay for additional parking placards. Pino Borrelli - discussed possible extensions to permit requirements to allow his business, Club Imperio, to continue operating. RECESSED 4:46P.M. to 5:15 P.M. City of Fresno *Subject to mayoral veto Page 16 August 28, 2014City Council Meeting Minutes - Draft 4. CLOSED SESSION The City Council met in closed session and joint closed session in Room 2125 from 5:15 P.M. to 6:08 P.M. to discuss the following: ID#14-176 JOINT CLOSED SESSION of the City of Fresno and the Successor Agency to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1.City of Fresno v. Raps Fresno LLC, et al. (Hotel Fresno); Case No. 05 CE CG 01744 MS Sponsors:City Attorney's Office The above item was discussed in joint closed session. No open session announcements were made regarding this item. ID#14-321 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Luis Sanchez, et al. v. City of Fresno, et al. United States District Court Case No. 12-CV00428 LJO-SKO Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcements were made regarding this item. City of Fresno *Subject to mayoral veto Page 17 August 28, 2014City Council Meeting Minutes - Draft ID#14-323 CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) Sponsors:Personnel Services Department The above item was discussed in closed session. No open session announcements were made regarding this item. ID#14-330 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fresno Irrigation District property along Herndon Canal between McKinley Ave and Millbrook Ave Negotiating Parties: City Manager Bruce Rudd Under Negotiation: Terms and Conditions of Property Acquisition Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcements were made regarding this item. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 6:00 P.M. Hearing ID#14-297 HEARING to consider Site Plan Review Application No. S-13-047 and related environmental assessment for the property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) a.Consider and adopt the environmental finding of a Mitigated Negative Declaration prepared for Environmental Assessment No. S-13-047 for the purpose of the proposed project b.RESOLUTION - Granting appeal and approving Site Plan Review Application No. S-13-047 requesting authorization to construct a 53,787 square foot metal building to be used as a chemical City of Fresno *Subject to mayoral veto Page 18 August 28, 2014City Council Meeting Minutes - Draft warehouse (Brenntag Pacific, Inc.), a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet) and twelve external storage tanks with their appropriate containment slabs Sponsors:Development and Resource Management Department Planner Bouvet introduced the above item to Council followed by Brenntag Pacific President Willenborg and Vice President of Operations Roberts. City Attorney Sloan and Development and Resource Management Director Clark answered questions. The following members of the public spoke on this item: Al Smith, Hester Hensley, John Brelsford, Ethan Smith, Tony Gastelum, Pat Kenny, Bob Mitchell, Gloria Ponce Rodriguez, Ashley Werner, Sabina Gonzalez, Cesar Casamayor, Barron Alexander, Pedro Gutierrez, Maria Villa, Maria Padron, Keshawn Givins, John Draper, Sandra Celedon-Castro, Ozzie Rodriguez, Dr. Venise C. Curry, Rosalba Cardenas, Zoila Vasquez, Zenaida Ventura, Veronica Garibay, Gloria Tapia, Debbie Darden, Harlan Kelly, Maria Hernandez, Maria Guzman, Luisa Medina, Sarah Reyes, Mary A. Curry, Andy Levine, Cesar Camos, Sandra Toscano, Leslie Maldonado, Janaki Jagannath, Axel, Roberto Monteres, City Attorney Sloan stated the following for the record: "Fresno Municipal Code section 12-405(a)(3) says, for site plans, 'a site plan shall be approved only when it is found that: a) all applicable provisions of this code are complied with and, in addition, that the following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and surrounding property is protected from adverse effect.' Then it has a list: 'facilities and improvements, vehicular ingress, egress and internal circulation, setbacks, height of buildings, location of buildings, walls, landscaping, lighting, signs and recycling areas,' so that is what is being analyzed." President Brandau stated, for the record, that a previous vote on river access which was mentioned by Acting President Baines, was not an accurate comparison to the current vote before Council. President Brandau explained the river access vote involved a group that wanted access to the San Joaquin river through a residential neighborhood even though the residential road was not built to handle the increased traffic. President Brandau noted the river access vote was not comparable to the current vote City of Fresno *Subject to mayoral veto Page 19 August 28, 2014City Council Meeting Minutes - Draft because, in this case, the current site and zoning exactly match the use proposed by the applicant. Acting President Baines motioned to reject the proposed item and received a second from Councilmember Quintero. The motion failed with "noes" from President Baines and Councilmembers Brand, Caprioglio and Olivier. RESOLUTION 2014-144 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Brand, Caprioglio and Olivier4 - No:Baines, Quintero and Xiong3 - ADJOURNMENT Adjourned at 9:26 P.M. City of Fresno *Subject to mayoral veto Page 20 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-369 Agenda Date:9/11/2014 Agenda #: SUCCESSOR AGENCY / FRC MINUTES FOR APPROVAL Approval of Successor Agency minutes from August 28, 2014 and Fresno Revitalization Corporation minutes from August 28, 2014. City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ Successor Agency to the Redevelopment Agency of the City of Fresno M¡nutes Present: 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION The City Council met in joinf sesslon with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 4:24 P.M. to discuss the following: lD#14-308 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1. RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-158) Sponsors.' Successor Agency to the Redevelopment Agency Redevelopment Administrator Murphey introduced the above item to Council. SUCCESSOR AGENCY RESOLUTION SA-25 ADOPTED FRESNO REVITALIZATION RESOLUTION FRC-1 4 ADOPTED SUCCESSOR AGENCY VOTE On motion of Vice Chair Gaprioglio, seconded by Member Brandau, the above item was adopted. The motion carried by the following vote: Aye=7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong FRESNO REVITALIZATION VOTE On motion of Vice Chair Caprioglio, seconded by Member Brandau, the above item was adopted. The motion carried by the following vote: Aye: 7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong Lee Brand Steve Brandau Paul Caprioglio Clinton Olivier Sal Quintero Blong Xiong Oliver Baines Member Member Vice Chair Member Member Member Chair August 28,2014 SA-51 lD#14-3Og Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno Sponsors.' Successor Agency to the Redevelopment Agency Successo r Agency Executive Director Murphey introduced the above item to Council. Councilmember Baines stated, for the record, that Councilwas committed to maximizing value through the disposition process and would only turn to the auction process as an option of last resort because it provides the lowest returns. APPROVED SUCCESSOR AGENCY VOTE On motion of Ghairman Baines, seconded by Member Xiong, the above item was approved. The motion carried by the following vote: Aye=7- Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong FRESNO REVITALIZATION VOTE On motion by Ghairman Baines, seconded by Member Xiong, the above item was adopted. The motion carried by the following vote: Aye;7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong JOINT MEETING ADJOURNMENT The open session portion of the joint meeting adiourned at 4:32 P.M. JOINT CLOSED SESSION of the City of Fresno and the Successor Agency to the Redevetopment Agency of the Gity of Fresno and the Fresno Revitalization Corporation The City Council met in c/osed session and ioint c/osed session in Room 2125 from 5:15 P.M. to 6:08 P.M. to drscuss the following: ID#14.176 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. City of Fresno v. Raps Fresno LLC, et al. (Hotel Fresno); Case No. 05 cE cG 01744 MS Sponsors; City AttorneY's Office The above item was discussed in ioint closed session. No open session announcements were made regarding this item. Approved on the day of ,2014. Oliver Baines, Chair August 28,2014 ATTEST: Todd Stermer, Assistant City Clerk SA-52 Fresno Revital ization Gorporation M¡nutes August 28, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION The City Councit met inlbinf session with the SuccessorAgency to the Redevetopment Agency of the City of Fresno and Fresno Revitalization Corporation at 4:24 P.M. to drscuss the following: lD#14-308 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1. RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-158) sponsors.. successor Agency to the Redevelopment Agency Redevetopment Administrator Murphey introduced the above item to Council. SUCCESSOR AGENCY RESO LUTION SA-25 ADOPTED FRESNO REVITALIZATION RESOLUTION FRC-I 4 ADOPTED SUCCESSOR AGENCY VOTE On motion of Vice Ghair Caprioglio, seconded by Member Brandau, the above item was adopted. The motion carried by the following vote: Aye:7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong FRESNO REVITALIZATION VOTE On motion of Vice Chair Caprioglio, seconded by Member Brandau, the above item was adopted. The motion carried by the following vote: Aye: 7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong August 28,2014 FRC - 28 lD#14-3Og Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno Sponsors.' Successor Agency to the Redevelopment Agency Successo r Agency Executive Director Murphey introduced the above item to Council. Councilmember Baines stated, for the record, that Councilwas committed to maximizing value through fhe disposition process and would only turn to the auction process as an option of last resoñ because it provides the lowest returns. APPROVED SUCCESSOR AGENCY VOTE On motion of Chairman Baines, seconded by Member Xiong, the above item was approved. The motion carried by the following vote: Aye: 7- Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong FRESNO REVITALIZATION VOTE On motion by Ghairman Baines, seconded by Member Xiong, the above item was adopted. The motion carried by the following vote: Aye: 7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong JOINT MEETING ADJOURNMENT The open session portion of the ioint meeting adiourned at 4:32 P.M. JOINT CLOSED SESSION of the City of Fresno and the Successor Agency to the Redevelopment Agency of the Gity of Fresno and the Fresno Revitalization Corporation The City Councit met in c/osed session and ioint closed session in Room 2125 from 5:15 P.M. to 6:08 P.M. to drscuss the following: ID#14.176 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (dX1) 1. City of Fresno v. Raps Fresno LLC, et al. (Hotel Fresno); Case No. 05 cE cG 01744 MS Sponsors; City AttorneY's Office The above item was discussed in ioint c/osed session. No open session announcements were made regarding this item. Approved on the day of 2014. Oliver Baines, Chair August 28,2014 ATTEST: Todd Stermer, Assistant City Clerk FRC - 29 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-182 Agenda Date:9/11/2014 Agenda #:1-A REPORT TO THE CITY COUNCIL September 11, 2014 FROM:BRUCE RUDD, City Manager BY:RENENA SMITH, Assistant City Manager SUBJECT Actions pertaining to the Lease Agreement between the City of Fresno and CH2MHill to lease space in Building A at the Municipal Service Center (MSC) 1.Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 (Existing Facilities) for lease 2.Approve Lease Agreement between the City of Fresno and CH2MHill to lease space in Building A at the Municipal Service Center (MSC) and authorize the City Manager to execute the agreement subject to City Attorney approval RECOMMENDATION Staff recommends that the City Council: 1.Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA)Guideline Section 15301 (Existing Facilities)for lease. 2.Approve Lease Agreement between the City of Fresno and CH2MHill to lease Building A at the Municipal Service Center (MSC)and authorize the City Manager to execute the agreement subject to City Attorney approval. EXECUTIVE SUMMARY The City owns the MSC which currently has a vacancy in Building A.CH2MHill and the Water Division desire to co-locate to improve the efficiency of planning and design related to the Water Capital Improvement Plan (CIP).Once construction of the projects is underway,CH2MHill and the Water Division staff will continue to co-locate on the construction site.MSC Building A has 7,250 square feet of leasable space.The tenant will pay $9,787.50 or $1.35 per square foot per month for the space.This price includes up to 60 parking stalls,utilities and security.The building is being leased “as is” making the tenant responsible for improvements and digital connections. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-182 Agenda Date:9/11/2014 Agenda #:1-A BACKGROUND The Department of Public Utilities Water Division has retained the expert services of CH2MHill to provide project management consulting and oversight of their CIP.The scope of the services requires that CH2MHill and the Water Division staff routinely collaborate to ensure that the projects are meeting regulatory compliance and budget constraints.To effectively execute this level of collaboration it is vital that the employees co-locate through planning,design and construction phases.The initial planning and design phase will be completed in traditional office space.Once construction ensues,in approximately 18 months the parties will relocate together in trailers at the site. The City of Fresno has office space available at the MSC in Building A that can be used to co-locate the tenant through the planning and design phase. The current lease terms include the following: ·Effective October 1, 2014. ·Lease is for the 7,250 square feet of Building A,a 10,000 square foot office building. ·Tenant accepts Premises “as is”,in its existing physical condition with all faults, without warranty by City or any duty obligation on the part of City to maintain the Premises. ·This Lease shall continue from month to month commencing on the effective date, until terminated upon thirty (30) days’ notice from either party. ·Rent for the term of this lease will be $9,787.50 ($1.35 per square foot)per month payable by the tenant in advance. ·The City shall provide utilities,common space security and parking for up to 60 stalls.Tenant assumes all responsibility for its protection of Tenant,its employees, agents and invitees and property from acts of third parties. ·Tenant will agree to City’s standard indemnification and carry applicable insurance. ENVIRONMENTAL FINDING Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemptions as set forth in the CEQA Guidelines Section 15301 as this amendment is to lease an existing building and will involve negligible expansion of the existing use.Furthermore,none of the exceptions to the Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference is not applicable because this is not a contract for goods,services,or public work of improvement. FISCAL IMPACT This lease does not negatively impact the General Fund.CH2MHill will pay the City of Fresno $9,787.50 ($1.35 per square foot)per month to lease space in MSC Building A.The lease amount includes up to 60 parking stalls,utilities and security.Proceeds will be used for maintenance at the City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-182 Agenda Date:9/11/2014 Agenda #:1-A includes up to 60 parking stalls,utilities and security.Proceeds will be used for maintenance at the MSC and updating the Emergency Operations Center. Attachment:Lease Agreement City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ LEASE AGREEMENT MUNICIPAL SERVICE CENTER – BUILDING A This Lease (hereinafter referred to as "Lease") is entered into and effective on October 1, 2014 (“Effective Date”), by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "City"), and CH2M HILL ENGINEERS, INC., a Delaware corporation (hereinafter referred to as "Tenant"), for property located in Fresno, California. RECITALS WHEREAS, City owns Building A, a 10,000 square foot office building (the “Property”), which is part of its Municipal Services Center located at 2101 “G” Street, Fresno, California; and WHEREAS, Tenant wants to lease 7,250 square feet of Building A from City,(the “Premises”) for the purpose of providing consultant services to the City Water Division; and WHEREAS, City and Tenant have agreed that City will lease, and the Tenant will rent, the Premises subject to the terms and conditions of this Lease. NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained, to be kept and performed by the respective parties, it is mutually agreed as follows: 1. LEASE OF PREMISES. City hereby leases to Tenant and Tenant hereby hires from City the Premises, subject to the terms, covenants and conditions hereinafter set forth. 2. CONDITION OF THE PREMISES. Tenant accepts the Premises “as is", in its existing physical condition with all faults, without warranty by City or any duty or obligation on the part of City to maintain the Premises. 3. TERM. This Lease shall continue from month to month commencing on the Effective Date, until terminated upon thirty (30) days’ notice from either party, or upon the terms and conditions herein. Upon the expiration or earlier termination of this Lease, at Tenant’s sole cost and expense, Tenant shall remove all of Tenant’s improvements, personal property, remove all debris and waste material resulting from Tenant’s activities, and repair and restore the Premises to the condition that existed prior to Tenant's entry hereunder, reasonable wear and tear excepted. Tenant shall bear the entire cost of such removal, repair and restoration, and City shall bear no liability for any costs caused or related to any termination of this Lease. In the event Tenant fails to comply with the requirements of this section, City may elect to remove such improvements and personal property and effect such removal, repair or restoration as reasonably necessary and recover such costs and expenses therefore from Tenant. Tenant shall pay such reasonable costs and expenses within 10 days of receipt of an invoice therefor. Tenant's obligations under this section shall survive the expiration or termination of this Lease. 4. RENT. Rent for the term of this Lease will be $9,787.50 per month payable by Tenant, in advance, to City at the address on the signature page beginning on the Effective Date and the same day each month thereafter. 5. MAINTENANCE AND SECURITY DURING TERM OF LEASE. Tenant covenants and agrees to keep the Premises clean and free from debris and trash during the term of the Lease. Tenant shall prohibit any person from using the Premises for any use other than the use set forth in Section 6 of this Lease. City shall provide security during the term of the Lease, however, absent gross negligence or willful misconduct by City, Tenant assumes all responsibility for its protection of Tenant, its employees, agents and invitees and property from acts of third parties. 6. USE OF PREMISES. The Premises shall be used as an office building, and for no other purpose. 7. UTILITIES. City will pay for all water, sewer, garbage, electricity, natural gas, telephone and other utilities during the term of the Lease and any extension. 8. PROPERTY TAXES AND INSURANCE. (a) Omitted. (b) Tenant acknowledges that any possessory property interest arising by entering into this Lease may be subject to property taxation and that Tenant shall pay any property taxes levied on such interest. NOTIFICATION TO TENANT PURSUANT TO CALIFORNIA REVENUE AND TAXATION CODE SECTION 107.6: A POSSESSORY INTEREST SUBJECT TO PROPERTY TAXATION MAY BE CREATED BY ENTERING INTO THIS LEASE AND TENANT MAY BE SUBJECT TO THE PAYMENT OF PROPERTY TAXES LEVIED ON SUCH INTEREST. (c) Tenant and each of its consultants, contractors and subcontractors shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized or required in writing by C ity’s Risk Manager or his/her designee at any time and in his/her sole discretion. Tenant and its insurers will, with respect to any claims covered by such property and hazard insurance, waive any subrogation rights that it may have against City, its officials, officers, agents, employees or volunteers. Nothing herein is intended to require City to maintain property and hazard insurance covering the P remises or for whatever cause. (d) If at any time during the life of the Lease or any extension, Tenant or any of its consultants, contractors or subcontractors fail to maintain any required insurance in full force and effect, all Tenant’s activities under this Lease shall be discontinued immediately, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for C ity to terminate this Lease. No action taken by City pursuant to this section shall in any way relieve Tenant of its responsibilities under this Lease. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by C ity that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (e) The fact that insurance is obtained by Tenant shall not be deemed to release or diminish the liability of Tenant, including, without limitation, liability under the indemnity provisions of this Lease. The duty to indemnify Indemnitees (as defined in this Lease) shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Tenant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Tenant, or its representatives, consultants, contractors or subcontractors. (f) Upon request of City, Tenant shall immediately furnish City with a complete copy of any insurance policy required under this Lease, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Lease. (g) Tenant is also responsible for the compliance of Tenant's consultants, contractors and subcontractors with the insurance requirements in Subsections (c), (d), (e), (f) and (g) of this se ction, except that any required certificates and applicable endorsements shall be on file with Tenant and City prior to the commencement of any work or services by the respective consultant, contractor or subcontractor. 9. IMPROVEMENTS. Tenant shall make no improvements to the Property or the Premises without the prior written consent of City, which consent will not be unreasonably withheld. 10. CONDEMNATION. (a) Total Condemnation. Should, during the term of this Lease, title and possession of all or any portion of the Premises be taken under the power of eminent domain by any public or quasi-public agency or entity, this Lease shall terminate as of 12:01 a.m. of, whichever first occurs, the date legal title of said Premises becomes vested in or actual physical possession of said Premises is taken by the agency or entity exercising the power of eminent domain and both City and Tenant shall thereafter be released from all obligations under this Lease. (b) Condemnation Award. Any compensation or damages awarded or payable because of the taking of all or any portion of the Premises by eminent domain shall be allocated between City and Tenant as follows: (1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the Property shall be paid to and be the sole property of City free and clear of any claim of Tenant or any person claiming rights to the Premises through or under Tenant. (2) Upon condemnation and allocation of proceeds, hereunder, this Lease shall terminate. 11. RIGHT OF ENTRY. City, or City's representatives, shall have the right to enter the Premises at any time upon 24 hours advance notice during the Lease, to protect, inspect, exercise or investigate any rights of City herein reserved. However, City's activities, connected with the exercise of this right of entry, shall not interfere with the operations of Tenant or its use of the Premises. 12. LEGAL REQUIREMENTS. Tenant covenants and agrees, at Tenant's sole cost and expense, promptly to comply, and cause all of Tenant’s representatives, to comply, with (i) all laws, statutes, ordinances, rules, regulations, requirements or orders of municipal, state, and federal authorities now in force or that may later be in force, including, without limitation, those laws which relate to the generation, use, storage, handling, treatment, transportation or disposal of Hazardous Substances or to health, safety, noise, environmental protection, air quality or water quality; (ii) with the conditions of any permit, occupancy certificate, license or other approval issued by public officers relating to Tenant’s activities, or Tenant’s use or occupancy of the Premises; and (iii) with any liens, encumbrances, easements, covenants, conditions, restrictions and servitudes (if any) of record, or of which Tenant has notice, which may be applicable to the Premises (collectively, “Legal Requirements”) regardless of when they become effective, insofar as they relate to Tenant’s activities or Tenant’s use or occupancy of the Premises. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether or not City is a party in such action or proceeding, that Tenant has violated any Legal Requirement relating to Tenant’s activities and Tenant’s use or occupancy of the Premises, shall be conclusive of that fact as between City and Tenant. Tenant shall furnish satisfactory evidence of such compliance upon request by City. 13. INDEMNIFICATION; RELEASE; SAFETY AND INSURANCE. (a) Tenant shall, to the maximum extent permitted by law, indemnify, protect, defend and hold harmless City, its officials, officers, representatives, agents, employees, volunteers, transferees, successors and assigns (each an “Indemnitee” and collectively, “Indemnitees”) from and against all claims, losses (including, but not limited to, diminution in value), actions, demands, damages, costs, expenses (including, but not limited to, experts fees and reasonable attorneys’ fees and costs) and liabilities of whatever kind or nature (collectively, “Claims”), which arise from or are in any way connected with Tenant’s activities, or the entry on, occupancy or use of, the Premises by Tenant or Tenant’s representatives, or the performance of, or failure to perform, Tenant’s duties under this Lease, including, but not limited to, Claims arising out of: (i) injury to or death of persons, including but not limited to employees of City or Tenant (and including, but not limited to, injury due to exposure to Potential Environmental Hazards in, on or about the Premises); (ii) injury to property or other interest of City, Tenant or any third party; (iii) violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances, including all Legal Requirements relating to the environment and including any liability imposed by law or regulation without regard to fault. Notwithstanding the foregoing or anything herein to the contrary, Tenant shall have no obligation to defend or indemnify the Indemnitees for any claims, losses, liabilities or damages arising on account of the Indemnitees’ or any third party’s negligence or willful misconduct. (b)Tenant acknowledges that all Claims arising out of or in any way connected with releases or discharges of a Hazardous Substance, or the exacerbation of a Potential Environmental Hazard, occurring as a result of or in connection with Tenant’s use or occupancy of the Premises, Tenant’s activities or the activities of any of Tenant’s representatives, and all costs, expenses and liabilities for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remediation and other response costs, including reasonable attorneys’ fees and disbursements and any fines and penalties imposed for the violation of any Legal Requirements relating to the environment or human health, are expressly within the scope of the indemnity set forth above. (c) Tenant’s use and occupancy of the Premises shall be at Tenant’s sole risk and expense. Tenant accepts all risk relating to Tenant's occupancy and use of the Premises. City shall not be liable to Tenant for, and Tenant hereby waives and releases City and the other Indemnitees from, any and all liability, whether in contract, tort, strict liability or on any other basis, for any injury, damage, or loss resulting from or attributable to an occurrence on or about the Premises. (d) Tenant shall, to the maximum extent permitted by law, indemnify, protect, defend and hold Indemnitees harmless against claims, losses, costs (including attorneys’ fees and costs), liabilities and damages resulting from the failure of Tenant, or any of Tenant's consultants, contractors or subcontractors, to comply with the insurance requirements set forth in Exhibit B. (e) The provisions of this Section 13 shall survive the expiration or termination of this Lease. 14. SURRENDER OF POSSESSION. It is mutually understood and agreed that upon expiration or earlier termination of the Lease, Tenant will surrender the Premises to City in the same condition as immediately prior to the Effective Date , reasonable wear and tear excepted. All improvements constructed or placed in or upon the Premises shall have been removed by Tenant. 15. ASSIGNMENT. Tenant shall not assign this Lease, or any interest therein, or sublet the Premises, or any part thereof, or any right or privilege pertaining thereto; without City's prior written consent. 16. DEFAULT. If either party materially defaults in the performance of any condition or covenant in this Lease, the other party may terminate this Lease, but only if the defaulting party fails to rectify said default within 10 business days after written notice thereof is served upon defaulting party by the other party. In the event, however, that any default complained of hereunder is of such nature that the same cannot be rectified in10 business days, then such default shall be deemed to be rectified if the defaulting party shall have commenced the compliance of the provisions hereof breached by it within such 10 business days period and shall with all diligence prosecute the work or perform the particular provisions until the same shall have been fully rectified or performed. 17. CHOICE OF LAW. Subject to any provisions hereof, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Lease and rights and duties hereunder shall be Fresno County, California. 18. NOTICES. All notices, demands, consents or requests which may be or are required to be given by a party hereunder, shall be in writing. All notices, demands, consents or requests given shall be sent by United States registered or certified mail, postage prepaid, return receipt requested, addressed to the respective party at the address set forth on the signature page of this Lease or at such other place as the party may from time to time designate in a written notice to the other party. Notices, demands, consents or requests served in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 19. ATTORNEY'S FEES. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Lease, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 20. THIRD PARTY BENEFICIARIES. The rights, interests, duties and obligations defined within this Lease are intended for the specific parties hereto as identified in the preamble of this Lease. It is not intended that any rights or interests in this Lease benefit or flow to the interest of any third parties. 21. GENERAL PROVISIONS. (a) The section headings in this Lease are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Lease. (b) The provisions of this Lease are severable. The invalidity, or unenforceability of any one provision in this Lease shall not affect the other provisions. (c) The parties acknowledge that this Lease in its final form is the result of the combined efforts of the parties and that, should any provision of this Lease be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Lease in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. (d) Each exhibit and attachment referenced in this Lease is, by the reference, incorporated into and made a part of this Lease. (e) No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. (f) Once this Lease is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferee, agents, servants, employees and representatives. (g) The waiver by a party of a breach by another of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Lease. No provisions of this Lease may be waived unless in writing and sign ed by all parties to this Lease. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 22. ENTIRETY-SUCCESSION. This Lease merges and supersedes all prior negotiations, representations, agreements, and constitutes the entire agreement concerning City's leasing of the Premises to Tenant and the consideration therefore. This Lease may be modified only by written instrument duly authorized and executed by both Tenant and City. IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their authorized representatives in Fresno, California as of the date first above written. City: Tenant: City of Fresno, CH2M Hill Engineers, Inc., a California municipal corporation a Delaware corporation By By Bruce Rudd, City Manager Name Title Attest: YVONNE SPENCE, CMC By City Clerk Name By Title Deputy Approved as to form: DOUGLAS T. SLOAN City Attorney By Deputy Addresses: City of Fresno CH2M Hill Engineers, Inc. Attention: City Manager Attention: Director of Real Estate 2600 Fresno Street 9191 S. Jamaica St. Fresno, CA 93721 Englewood, CO 80112 Telephone: (559) 621-7700 Telephone: (720) 286-2348 Attachments: Exhibit A – Map/Legal Description of Property and the Premises Exhibit B – Insurance Requirements EXHIBIT A MAP EXHIBIT “B” INSURANCE REQUIREMENTS Lease between City of Fresno (“City”) and CH2MHILL (“Tenant”) Municipal Service Center – Building A Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” a nd “personal and advertising injury” with coverage for Premises and operations, products and completed operations, fire legal liability and contractual liability (including, without limitation, indemnity obligations under the Lease). 2. Property insurance with a Cause of Loss – Special or All Risk Form. Only required of Tenant and not of Tenant’s consultants, contractors or subcontractors. 3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance. Minimum Limits of Insurance Tenant shall maintain limits of liability of not less than: 1. General Liability: $3,000,000 per occurrence for bodily injury and property damage $3,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Lease 2. Property: Limits of insurance in an amount equal to the full (100%) replacement cost (without deduction for depreciation) of Tenant’s business property. 3. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits of no less than $1,000,000 per accident for bodily injury or disease (for lessees with employees) 4. Employer’s Liability: $1,000,000 each accident for bodily injury $1,000,000 disease each employee $1,000,000 disease policy limit Umbrella or Excess Insurance In the event Tenant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). Deductibles and Self-Insured Retentions Tenant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Tenant shall also be responsible for payment of any self-insured retentions. Any deductibles or self -insured retentions must be declared to, and approved by, the City’s Risk Manager or his/her designee. At the option of the City’s Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Tenant shall provide a financial guarantee, satisfactory to City’s Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. Other Insurance Provisions The General Liability insurance policy is to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. 2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. 3. Tenant’s insurance coverage shall be primary and no contribution shall be required of City. The property insurance policy is to contain, or be endorsed to contain, the following provisions: 1. City shall be named as a loss payee. 2. The coverage shall contain: (i) No coinsurance penalty. (ii) No limitations or exclusions for vacancy of any part of the Premises. (iii) No special limitations on the scope of protection afforded to City. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Tenant and its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents and volunteers. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day (or 10 day in the event of cancellation for non - payment) written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Tenant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Tenant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. Acceptability of Insurers All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide. Verification of Coverage Tenant shall furnish City with all certificate(s) effecting coverage required hereunder. All certificates are to be received and approved by the City’s Risk Manager or his/her designee prior to City’s execution of the Lease and before work commences. First Floor This area not included Second Floor City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-253 Agenda Date:9/11/2014 Agenda #: REPORT TO THE CITY COUNCIL September 11, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division BY:LITO G. BUCU, Supervising Engineering Technician Department of Public Utilities - Water Division SUBJECT Actions pertaining to the acquisition of 2792 W.San Madele Avenue (County island within Council District 2) 1.Adopt a finding of conformity prepared for EA 14-017 for the proposed construction of a new water supply well 2.Approve the fee simple acquisition of 2792 W San Madele Avenue required for construction of a new water supply well in the amount of $300,000 RECOMMENDATIONS Staff recommends that the City Council: 1.Adopt a finding of conformity prepared for EA 14-017 for the proposed construction of a new water supply well. 2.Approve the fee simple acquisition of one parcel (See Exhibit A),which is necessary for the construction of a new water supply well at 2792 West San Madele Avenue from property owners: Harry V.Kachadoorian and Madeline A.Kachadoorian (APN 415-251-09,see Exhibit B)for the amount of $300,000. 3.Authorize the Public Works Director, or his designee, to sign all documents on behalf of the City. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-253 Agenda Date:9/11/2014 Agenda #: EXECUTIVE SUMMARY The Water Division maintains a network of some 275 plus municipal water supply wells that provides 88%of the City’s potable water.New wells are required to meet new demands,replace wells that have reached the end of their useful life,or assist in remediating water quality issues. The proposed property acquisition will provide a new water well site to augment lost production when the older outdated well in the area was decommissioned. BACKGROUND The subject parcel was identified as a suitable well site due to its size and location.Staff has negotiated with the property owners to purchase the subject parcel for the amount of $300,000, which is based on appraised values.Owners of the parcel have agreed to the amount of compensation offered by the City and signed the Agreement for purchase and sale and the Grant Deed.With Council approval,payment will be made to the owner and the Grant Deed will be recorded. The acquisition of this parcel will allow the Water Division to replace the old well known as Pump Station 290,which had to be taken out of service,because it had reached the end of its useful life and was decommissioned per State requirements.Exploratory drilling was performed and confirmed the feasibility of drilling a water production well at the new site. A Phase 1 Environmental Site Assessment was also completed and no environmental hazards were found at this location. The documents signed by the property owners have been approved as to form by the City Attorney’s Office. Following acquisition of the property,plans and specifications will be prepared for the drilling of the production well,bids will be solicited and a well drilling contract will be presented to the Council for award.The last phase of the project is the construction of the well site improvements.These include structures,piping and equipment necessary for the operation of the well,and additionally includes landscaping,masonry block wall,and street work.This phase of the project will also be bid separately and award for the construction will be presented to the Council for approval. ENVIRONMENTAL FINDINGS An initial study was prepared for the above described project,which has been determined to be a subsequent project fully within the scope of the Master Environmental Impact Report No.10130 (MEIR)prepared for the 2025 Fresno General Plan (SCH #2001071097)and Mitigated Negative Declaration prepared for Plan Amendment No.A-09-02 (SCH #2009051016)(Air Quality MND). With the mitigation imposed,there is no substantial evidence in the record that this project may have additional significant,direct,indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND.After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code,Section 21157.6 (b)(1),staff has determined there are no substantial changes that have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted,has become available.The projectCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-253 Agenda Date:9/11/2014 Agenda #: was certified as complete and the Air Quality MND was adopted,has become available.The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including,but not limited to,lists of hazardous waste facilities,land designated as hazardous waste property,hazardous waste disposal sites and others,and the information in the Hazardous Waste and Substances Statement required under subdivision (f)of that Section. Therefore,any necessary environmental review required by CEQA has been completed for the project. LOCAL PREFERENCE Local preference was not considered because this action does not involve a bid or award of a construction or services contract. FISCAL IMPACT The project,which is located in a County Island within District 2,will not have any impact to the General Fund.Funds for the site acquisition are included in Water Division’s FY 2015 Capital Improvement Program budget within the Water Enterprise Fund (40101). Attachments:Exhibit A: Vicinity Map Exhibit B: Assessor’s Parcel Map City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-284 Agenda Date:9/11/2014 Agenda #:1-C REPORT TO THE CITY COUNCIL Date:September 11, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:RICHARD TUCKER, Acting Lieutenant Traffic and Special Services Bureau SUBJECT Approve agreement with the 21st District Agricultural Association to add indemnification language and reauthorize the City of Fresno to enter into a three year agreement with the 21 st District Agricultural Association for $752,661.56 to provide police services at the Fresno District Fair (Council District 5) RECOMMENDATION The recommendation is to authorize the City of Fresno to enter into a new three year agreement with the 21st District Agricultural Association for $752,661.56 to provide police services at the Fresno District Fair. EXECUTIVE SUMMARY An agreement is attached for Council to approve the 21st District Agricultural Association request to contract with the City of Fresno to provide police and law enforcement services for three years at the Fresno District Fair,beginning 2014 through 2016.The 21st District Agricultural Association has requested that the prior agreement approved by Council on April 24,2014,which remains unexecuted,be modified to include mutual indemnification language.This change was requested by the 21st District Agricultural Association and has been approved by the City’s Risk Manager and the City Attorney’s Office. No other changes were made to the original contract approved by the City Council. BACKGROUND As done in the past years,policing and related law enforcement services will be provided in areas at the fairgrounds that have been mutually agreed upon by Fair Management and Fresno Police Department personnel. This agreement calls for 4,783 hours of law enforcement services in 2014,totaling $259,227.72 for a 13 day fair.This agreement calls for 4,314 hours of law enforcement services in 2015 and 2016,totaling $238,507.42,which are both 12 day fairs.These amounts has been calculated to cover the direct costs incurred by the Police Department for services provided to the Fresno District Fair beginning in 2014 through 2016.This agreement also contains costs for unforeseen circumstances requiring additional police services.One hundred contingency hours,totaling $5,401.00 in 2014 and $5,509.00 in both 2015 and 2016 have been built into this agreement.These contingency funds have been established to protect the Fresno District Fair and the Police Department in the event additional police services are required. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-284 Agenda Date:9/11/2014 Agenda #:1-C This agreement has been reviewed and approved as to form by the City Attorney’s Office and by the Risk Management Division. ENVIRONMENTAL FINDINGS N/A This is not a competitive bid. LOCAL PREFERENCE N/A FISCAL IMPACT There is no direct fiscal impact to the City,as all law enforcement service expenses will be reimbursed by the 21st District Agricultural Association. Attachment:State of California Standard Agreement City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-318 Agenda Date:9/11/2014 Agenda #:1-D REPORT TO THE CITY COUNCIL September 11, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division BY:MARK M. JOHNSON, Facilities Manager Public Works Department, Facilities Management Division L. NATHAN SANCHEZ, Project Manager Public Works Department, Facilities Management Division SUBJECT Actions pertaining to the Garage 8 Air Sensor Replacements and Exhaust Fan Controller Upgrade Project (Council District 3) 1.Adopt finding of a Categorical Exemption per staff determination,pursuant to Section 15301(d) of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract to Strategic Mechanical,Inc.of Fresno,California in the amount of $227,469 for the Garage 8 Air Sensors Replacement and Exhaust Fan Controller Upgrade Project RECOMMENDATION Staff recommends that City Council adopt finding of a Categorical Exemption,per staff determination, pursuant to section 15301(d)of the CEQA Guidelines and award a construction contract to Strategic Mechanical,Inc.,of Fresno,California for the Garage 8 Air Sensors Replacement and Exhaust Fan Controller Upgrade Project (Project). EXECUTIVE SUMMARY The Project will replace the existing control system and air sensors that manage the four (4)large exhaust fans at the underground parking Garage 8 which is owned by the City of Fresno.The existing system has air sensors that are inoperable and obsolete thus requiring the exhaust fans to operate twenty-four (24)hours a day,365 days a year.The replacement of the control system and exhaust sensors,in conjunction with replacing the existing fan motors with variable frequency drive motors,will reduce the ongoing operating cost of the Garage 8.The projected payback period for City of Fresno Printed on 4/5/2022Page 1 of 3 powered by Legistar™ File #:ID#14-318 Agenda Date:9/11/2014 Agenda #:1-D motors,will reduce the ongoing operating cost of the Garage 8.The projected payback period for both phases of work is less than three years. BACKGROUND The existing air sensors in the Garage 8 are non-functional and obsolete.In addition,the existing outdated controls are not capable of communicating with the new sensors or handling future motor replacements.The arrangements for the existing components were designed to simply run in either an ON or OFF position.With the dilapidated air sensors being non-functional,the system is required to be left in an ON state where all four of the large fan motors currently run twenty-four (24)hours day,365 days a year.As a result the motors have been running more hours than they were originally designed for thus shortening their life cycle and requiring frequent maintenance. This Project will install new air sensors throughout the parking structure,and upgrade the controller to a system that is capable of communicating with these new sensors.This upgraded controller would also be capable of handling future upgrades for new motors including motors that run at a Variable Frequency Drive (VFD) Speed. As part of the second phase to this project the four existing motors will be replaced with VFD motors to increase efficiency and maximize both energy and cost savings.The second phase will commence shortly after this first phase is completed and is estimated to cost an additional $125,000.The controller will work in conjunction with the new sensors to fully automate the VFD motors to not only turn on and off when needed,but the motors will also run at varied speeds to meet the demand, depending on the number of vehicles in the garage. This phase of the Project is eligible for a Pacific Gas &Electric (PG&E)rebate of approximately $54,000.The total cost saving derived from the project has an estimated payback period of three years for both phases. The Guardian Group Job Order Contracting (JOC)was approved by Council on December 17,2009. This contract provides competitively bid fixed-unit pricing for construction tasks from local contractors which would provide Facilities Management Division with the ability to provide prompt response for building maintenance or construction services to City departments at competitive local market pricing. Staff recommends that City Council approve the agreement with Strategic Mechanical,Inc.which is one of the contractors under the JOC agreement:Staff is recommending approval of this agreement with Strategic Mechanical,Inc.in the amount of $227,469.78 for the construction of the Project and to authorize the Public Works Director or his designee to sign and execute the standardized contract on behalf of the City of Fresno. Funding for this Project is included in the FY15 budget. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this Project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(d)(Existing Facilities).This exemption applies because this Project involves the rehabilitation of deteriorated mechanical equipment.Staff determined under the CEQA Guidelines this Project fits within the definition of existing facilities in 15301(d)Class 1,as Categorically Exempt from further CEQA review. Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth inCity of Fresno Printed on 4/5/2022Page 2 of 3 powered by Legistar™ File #:ID#14-318 Agenda Date:9/11/2014 Agenda #:1-D Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. LOCAL PREFERENCE Local preference was not implemented because this item is a piggyback on existing competitively bid contract through a governmental entity. FISCAL IMPACT FY15 Facilities Fund appropriations,budgeted for maintenance operations,will provide funding of $107,200.The remaining $120,269 will come from the FY15 Parking Services General Fund appropriations. Upon completion of the project,the City is expected to receive a PG&E rebate of $54,000.It is also estimated that the City will recoup the total cost of the project in two and one half years,through cost savings. City of Fresno Printed on 4/5/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-329 Agenda Date:9/11/2014 Agenda #:1-E REPORT TO THE CITY COUNCIL September 11, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:JOHN ROBERTSON, Interim Manager Housing and Community Development Division SUBJECT Approve a State of California Lead Poisoning Prevention Program Agreement in the amount of $436,470 with the County of Fresno, for three years, for lead hazard assistance and outreach RECOMMENDATION Staff recommends the City Council approve a State of California Childhood Lead Poisoning Prevention Program (CLPPP)Agreement in the amount of $436,470 with the County of Fresno for three years, for lead hazard assistance and outreach. EXECUTIVE SUMMARY The Housing and Community Development Division is currently administering the City’s Office of Healthy Homes Lead Hazard Control Grant Program (OHHLHC)funded through the U.S.Department of Housing and Urban Development (HUD).As a complement to those efforts,the Division administered the previous CLPPP grant from 2011-2014 approved by Council on September 15,2011.The CLPPP grant is funded through the County of Fresno’s Department of Public Health.If approved as recommended funds will be used by the City,as they were in the previous CLPPP grant,to increase awareness regarding hazards of lead exposure,reducing lead exposure through housing rehabilitation and code enforcement,and increase the number of children assessed appropriately,blood tested for lead poisoning and treated in collaboration with the County. CLPPP funds are also needed as match requirements for the OHHLHC Grant. BACKGROUND For the 2014-2017 program years,the State has provided the County of Fresno with the new round of funding,who in turn grants some of that funding to the City to continue the partnership and services established with the previous CLPPP Grants. The CLPPP grant’s purpose is to eliminate childhood lead poisoning by identifying and caring for lead burdened children by providing a healthy,lead-safe environment.The County currently provides home visitation,environmental home inspections and nutritional assessments to families of children found to be lead-poisoned and provides telephone contacts and educational materials to families of lead-poisoned and lead exposed children.The City and the County will provide information and education to the general public,medical providers,and community based organizations about lead hazards.The City will combine these efforts with the OHHLHC grant program which currently targets lead hazard City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-329 Agenda Date:9/11/2014 Agenda #:1-E lead hazards.The City will combine these efforts with the OHHLHC grant program which currently targets lead hazard control efforts in housing where children under six years of age are at greatest risk of lead poisoning.The CLPPP funded activities to be undertaken by the City include lead assessments,lead remediation,lead clearances,outreach,education, and enforcement. The grants will be available City-wide,and will focus on work in specific target areas.Target areas were selected based on the level of concentrated lower income households and cases of lead poisoning.Those areas include the Lowell area (93701),Downtown and east of Downtown (93702),West Fresno (93706),and a portion of South East Fresno (93727). By targeting these specific areas,the City will be able to use the Program funds to assist those with the greatest need while helping to reduce lead based paint hazards and poisoning in units where children under age six reside. The City Attorney has reviewed and approved the agreement as to form. ENVIRONMENTAL FINDINGS Environmental findings are not applicable to this agreement.The lead agency is responsible for environmental findings based upon section 15367 of the California Environmental Quality Act Guidelines.The agreement does not require the City to act as lead agency or to conduct a California Environmental Quality Assessment. LOCAL PREFERENCE Local preference was not implemented based on conditions of State funding. FISCAL IMPACT This is a State of California funding source and no match is required,the General Fund is not impacted.The funding amount of $145,490 is included in the Development and Resource Management Department’s FY2015 budget.Funding for the second and third years of this three-year grant will be included in the proposed FY2016 and FY2017 budgets when they are developed. If approved, funding will be used for required match of the Division’s OHHLHC program. Attachment:EXHIBIT A City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ AGREEMENT 1 2 THIS AGREEMENT is made an d entered into this ___ day of ______ __, 20 14, 3 by and b etween the COUNTY OF FRESNO, a Political Subdivision of the State of California, 4 hereinafter referred to as "COUNTY", and City of Fresno, a municipal corporation, acting through its 5 Housing & Community Development Division, whose address is 2600 Fresno Street, Fresno, 6 California 93721, hereinafter referred to as "CONTRACTOR". 7 W I T N E S S E T H: 8 WHEREAS , COUNTY, through its Department of Public Health, desires to partner with the 9 CONTRACTOR as an administrator of the State of California funded Childhood Lead Poisoning 10 Prevention Program (CLPPP) to provide services to the community for the purpose of increasing 11 awareness regarding the hazards of lead exposure, reducing lead exposure, increasing the number of 12 children assessed and appropriately blood tested for lead poisoning; and 13 WHEREAS, CONTRACTOR, in accordance with, and in pursuit of, the CLPPP goals 14 contained in California Statutes Related to Childhood Lead Poisoning Prevention, the California 15 Childhood Lead Poi soning Prevention Acts of 1986 and 1989 (California Health & Safety Code 16 124125 to 124165), the Childhood Lead Poisoning Prevention Act of 1991(California Health & 17 Safety Code 105275 to 105310), the Lead-Safe Housing and Lead Hazards rules under California 18 Civil Code 1942 .3, California Health & Safety Code 17920.10, 17961 , 17980, 105250 to 105257, 19 124130, and the Lead -Related Activities in Construction Work rules under California Labor Code 2 0 6716 to 6717 desires to eliminate childhood lead poisoning by partnering with the COUNTY in 21 identifying and caring for lead burdened children and preventing environmental exposures to lead by 22 providing a healthy, lead-safe environment where a ll children can ach ieve their full potential; and 2 3 WHEREAS, the COUNTY'S CLPPP offers home v i sitation, environmental home inspections 24 and nutritional assessments to families of child ren found to be lead-poisoned; provides telephone 25 contacts and educational materials to families of lead-poisoned and lead exposed chi ldren and 26 provides information and education to the general public, medical providers and community-based 27 organiz ations about lead hazards; and 2 8 WHEREAS, CONTRACTOR, through its Housing & Community Development Division shall -1 -COUNTY 0 1: I,.RESN O Fres no, Ci\ 1 provide the services, and/or comparable services, identified in the Work Plan as attached h ere to as 2 Exhibit A and incorporated herein ("Services"), and is fully competent, authori zed, and able to enter 3 into this Agreement and perform the Services, holding any and all legally req uired licenses , permits 4 and/or approvals , or has the capacity to sub-contract with licensed contractors to perform the Services; 5 and 6 WHEREA S, CONTRACTOR, does and shall provide such Services on a contract basis, as an 7 independent contractor, possessed of and exerc ising the complete right to control the mea ns of 8 accomplishing said Services ; and 9 WHEREAS , CONTRACTOR, has the facilities, equipment and perso nnel skilled in the 1 0 provision of such Services; and 11 WHEREAS , CONTRACTOR, is qualified and is willing to provide such Services, pursuant to 12 the terms and conditions of this Agreement; and 13 WHEREAS , performance of the Services by CONTRACTOR, will be ofbenefit to the 14 COUNTY and the CONTRACTOR, and is in the public interest. 15 NOW, THER EF ORE, in consideration of their mutual covenants and conditions, the parties 16 hereto agree as follows: 17 1. CONTRACTOR'S RESPONSIBILITIES 18 Implement a program to reduce the opportunity for children being exposed to 19 environmental lead haz ards , b y investigating locations where children have been exposed or have been 20 exposed in th e past, and responding as necessary with appropriate actions , including but not limited to 21 inspections, assessments, education and remediation in conjunction with the City of Fresno 's Lead 22 Hazard Control Program as identified in Exhibit A: Work Plan , attached hereto and by this reference 23 incorporated herein . 24 2. TERM 25 This Agreement sh a ll become effective on the 1ST day of July, 2014 and shall termin ate 26 on the 30 day of June, 2017. 27 Ill 28 Ill - 2 -COUNT Y O F 1:RESNO Fresno, CA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. TERMINATION A. Non-Allocation of Funds -The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated at any time by giving CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract -COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of COUNTY there is: 1) An illegal or improper u se of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to COUNTY; 4) Improperly performed service. In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach ofthis Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon demand or, at COUNTY's option, such repayment shall be deducted from future payments owing to CONTRACTOR under this Agreement. C. Without Cause -Under circumstances other than those set forth above, thi s Agreement may be terminated by COUNTY upon the g iving of thirty (30) days advance written notice of an intention to terminate to CONTRACTOR. 4. COMPENSATION 24 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 25 compensation for Services performed, as described in Section One (1), herein, and Exhibit A, attached 26 hereto , and itemized in Exhibit B "FY 2014-2017 Budgets", ofthis Agreement, attached hereto and 27 incorporated herein by this reference. For the period of July 1, 2014 through June 30,2015, in no 28 event shall actual Services performed under this Agreement be in excess of One Hundred Forty-Five -3 -COUNT Y O F FRI ~SNO F re sno, CA 1 Thousand Four Hundred Ninety a nd No/100 Dollars ($145 ,490.00). For the period of July 1, 2015 2 through June 30, 20 16, in no event sh all actual Services performed under this Agreement be in excess 3 of One Hundred Forty-F ive Thousand Four Hundred N in ety and No/100 Dollars ($145 ,490.00). For 4 th e period of July 1, 20 16 through June 30, 20 17, in no event shall actual Services performed under 5 thi s Agreement be in excess of One Hundred Forty-Five T housand Four Hundred Ninety and No/100 6 Dollars ($145 ,490.00). It is understood that all expenses incidental to CONTRACTOR's performance 7 of actual Services under this Agreement shall be borne by CONTRACTOR. Compensation shall be 8 pai d on the basis of the CONTRACTOR sati sfactorily performing all Services noted in Exhibit A. 9 The COUNTY's CLPP P shall meet with and review the CONTRACTOR's progress of th e Work Plan 10 on a monthl y basis or at a minimum quarterly to ensure CONTRACTOR 's satisfactory performance. 11 Payments by COUNTY shall be in arrears, for services provided during the preceding 12 month, within fo rty-five (45) days after receipt and verification of CONTRACTOR's invoices by 13 COUNTY's Department of Public Health. If CONTRACTOR should fail to co mpl y with a ny 14 provision of this Agreement, COUNTY upo n written noti ce as provid ed in section 3 abov e , shall be 15 reli eved of its ob li gation for further compensation. 16 5. INVOICING 17 CONTRACTOR shall invo ice C OUNTY monthly, in duplicate, ad dressed to th e County 18 of Fresno, Department ofPublic Health, Ch ildren 's Medical Services, P.O . Box. 11 867, Fresno, CA 19 93775, Attention: CMS Fiscal Unit. 20 6. INDEPENDENT CONTRACTOR 21 In performance of the wo rk , duties, and obli gations assumed by CONTRACTOR under 22 this Agreement, it is mutually understood a nd agreed that CONTRACTOR, including any and a ll of 23 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an 24 independent contractor, and sh all act in an independent capacit y and not as an officer, agent, servant, 25 emp lo yee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have 26 no right to co ntro l or supervi se or direct the manner or method by which CONTRACTOR shall 27 perform its work and function. However, COUNTY shall retain the right to administer this 28 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the -4 -COUNTY CW FRI •:SNO Frc~no, Ci\ 1 terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable 2 provisions of law and the rules and regulations , if any, of governmental authorities having jurisdiction 3 over matters which are directly or indirectly the subject of this Agreement. 4 Because of its status as an independent contractor, CONTRACTOR shall have 5 absolutely no right to employment rights and benefits available to COUNTY employees. 6 CONTRACTOR shall be solely liable and responsible for providing to , or on behalf of, its employees 7 all legally-required employee benefits . In addition, CONTRACTOR shall be solely responsible and 8 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees, 9 including compliance with Social Security, withholding, and all other regulations governing such 10 matters . It is acknowledged that during the term of this Agreement, CONTRACTOR may be 11 providing services to others unrelated to the COUNTY or to this Agreement. 12 7. MODIFICATION 13 Any matters of this Agreement may be modified from time to time by the written 14 consent of all the parties without, in any way , affecting the remainder. 15 8 . NON-ASSIGNMENT 16 Neither party shall assign , transfer or subcontract this Agreement nor their rights or 17 duties under this Agreement without the prior written consent of the other party. 18 9. INDEMNIFICATION 19 CONTRACTOR shall indemnify, hold harmless and defend COUNTY and each 2 0 of its officers, officials , employees, agents and authori zed volunteers from any and all loss, liability, 21 fines , penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including 22 but not limited to perso nal injury, death at any time and property damage) incurred by the COUNTY, 23 CONTRACTOR or any other person, and from any and all claims, dem ands and actions in law or 24 equity (including attorney's fees and liti gation expenses), arising or alleged to have arisen directly or 25 indirectly from the negligent or intentional acts or omissions, or willful misconduct of 26 CONTRACTOR or any of its officers, officials , employees , agents or authorized volunteers in the 27 performance of this Agreement; provided nothing herein shall constitute a waiver by CONTRACTOR 28 of governmental immunities including California Government Code Section 810 et seq. - 5 -CO UNTY 0 1: FIU ·:SN O F re sno , C:i\ 1 In the event of concurrent negligence on the part of COUNTY or any of its 2 officers, officials, employees, agents or authorized vo lunteers, and CONTRACTOR or any of its 3 officers, officials, employees , agents or authorized volunteers, the liability for any and all such claims, 4 demands and actions in law or equity for such losses, fines , penalties, forfeitures, costs and damages 5 shall be apportioned under the State of California's theory of comparative negligence as presently 6 established or as may be modified hereafter. 7 This section shall survive termination or expiration of this Agreement. 8 10. INSURANCE 9 Without limiting the indemnification of each party as stated in Section 9 10 above, it is understood and agreed that COUNTY and CONTRACTOR shall each maintain, at their 11 so le expense, insurance policies or self-insurance programs including, but not limited to , an insurance 12 pooling arrangement and /or Joint Powers Agreement to fund their respective liabilities throughout the 13 term of this Agreement. Coverage shall be provided for general liability, automobile liability, and 14 workers ' compensation exposure. Evidence of Insurance, e.g., Certificates of In surance or other 15 simi lar documentation, shall not be required of either party under this Agreement. 16 11. CONFIDENTIALITY 17 All services performed by CONTRACTOR under this Agreement shall be in strict 18 conformance with all a pplicable Federal, State of California and/or local laws and regulation s relating 19 to confidentiality. 20 12. DATA SECURITY 21 For the purpo se of preventing the potential loss, misappropriation or in advertent access, 22 viewing, u se or disclosure of COUNTY data including sensitive or persona l client information ; abuse 23 of COUNTY resources; and /or disruption to COUNTY operations, individuals and /or agencies that 24 enter into a contractual relationship with the COUNTY for the purpose of providing Services under 25 thi s Agreement must employ adequate data security measures to protect the confidential information 26 provided to CONTRACTOR by the COUNTY, including but not limited to the fo ll owing: 27 Ill 28 Ill - 6 -COU TY 0 1: FRESNO Fres no, CA 1 2 A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices CONTRACTOR may not connect to COUNTY networks via personally-owned 3 mobile, wireless or handheld devices, unless the following conditions are met: 4 1) CONTRACTOR has received authori zation by COUNTY for telecommuting purposes; 2) Current virus protection software is in place; 5 6 7 8 9 3) Mobile device has the remote wipe feature enabled; and 4) A secure connection is used. B. CONTRACTOR-Owned Computers or Computer Peripherals 10 CONTRACTOR may not bring CONTRACTOR-owned computers or computer 11 peripherals into the COUNTY for use without prior authori z ation from the COUNTY's Chief 12 Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is 13 approved to be transferred, data must be stored on a secure server approved by the COUNTY and 14 transferred by means of a Virtual Private Network (VPN) connection, or another type of secure 15 connection. Said data must be encrypted. 16 C . C OUNTY-Owned Computer Equipment 17 CONTRACTOR or anyone having an employment relationship with the 18 COUNTY, may not use COUNTY computers or computer peripherals on non-COUNTY premises 19 without prior authorization from the COUNTY's Chieflnformation Officer, and/or designee(s). 20 D. CONTRACTOR may not store COUNTY's private, confidential or sens itive 21 data on any hard-disk drive, portable storage device, or remote storage installation unless encrypted. 22 E. CONTRACTOR shall be responsible to employ strict controls to ensure the 23 integrity and security of COUNTY's confidential information and to prevent unauthori zed access, 24 viewing, use or disclosure of data maintained in computer files, program documentation, d ata 25 processing systems, data files and data processing equipment which stores or processes COUNTY 26 data internally and externally. 27 Ill 28 Ill -7 -COUNTY 0 1: J."RESNO Fres n o, Ci\ 1 F. Confidential client information transmitted to one party by the other by means of 2 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 3 128 BIT or higher. Additionally, a password or pass phrase must be utili zed. 4 G. CONTRACTOR is responsible to immediately notify COUNTY of any 5 violations, breaches or potential breaches of security related to COUNTY's confidential information, 6 data maintained in computer files , program documentation, data processing systems, data files and 7 data processing equipment which stores or processes COUNTY data internally or externally. 8 H. COUNTY shall provide oversight to CONTRACTOR's response to all incidents 9 arising from a possible breach of security related to COUNTY 's confidential client information 10 provided to CONTRACTOR. CONTRACTOR will be responsible to issue any notification to 11 affected individuals as required by law or as deemed necessary by COUNTY in its sole di scretion. 12 CONTRACTOR will be responsible for all costs incurred as a result of providing the required 13 notification . 14 13. NON-DISCRIMINATION 15 During the performance of this Agreement, CONTRACTOR shall not unlawfully 16 discriminate against any employee or applicant for employment, or recipient of services, because of 17 race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical 18 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, 19 sexual orientation, or military and veteran status pursuant to all applicable State of California and 20 Federal statutes and regulation. 21 14. AUDITS AND INSPECTIONS 22 CONTRACTOR shall at any time during business hours, and as often as the COUNTY 23 may deem necessary, make available to the COUNTY for examination all of its records and d ata with 24 respect to the matters covered by this Agreement. CONTRACTOR shall, upon request by the 25 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure 26 CONTRACTOR's compliance with the terms of this Agreement. 27 If this Agreement exceeds Ten Thousand and No/1 00 Dollars ($1 0 ,000.00), 28 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of -8 -COUN TY O F FRESN O Frc~no , Ci\ 1 three (3) years after final payment under cont ract (Government Code Section 8546.7). 2 15. NOTICES 3 T he p erson s and their ad dresses havi n g authority to give and receive noti ces under this 4 Agreement include the following: 5 6 7 8 9 10 11 COUNTY Director, County of Fresno Department of Public Health P.O. Box 11 867 Fresno, CA 93775 CONTRACTOR John Robertson, Interim Manager Development and Resource Management Housing & Community Development Division 2600 Fresno Street, Room 3070 Fresno, CA 93721 12 Any and all notices between the COUNTY and the CONTRACTOR provided for or 13 pe rmitted und er this Agreement or b y law sh a ll be in writing and shall be deemed duly served when 14 perso na lly delivered to one of the parties , or in li eu of such perso nal service, when deposited in the 15 United States Mail , postage prepaid, addressed to s uch party. 16 16. GOVERNING LAW 17 The parties agree, that for the purposes of venue, perfo rmance under this Agreement is 18 to be in Fresno County , California. 19 The rights and obligations of the parties and all interpret ation and p erf01mance of this 20 Agreement sh a ll be governed in all respects by the laws of the State of Califo rni a . 21 17. SEVERABILITY 22 T he provisions of this Agreement are severabl e. The invalidity or un enfo rceability of 23 a ny one provis ion in the Agreement shall not affect the o ther provisions. 24 18. NO THIRD PARTY BENEFICIARIES 25 No thing ex pressed or implied in the terms and conditions of thi s Agreement is 26 intended to confer, nor shall anything herein confer, upon any person other than COUNTY, 27 CONTRACTOR and the State of Cali fornia and their respecti ve su ccessors or assignees, any ri gh ts, 28 remedies, obligations or liabilities, whatsoever. -9 -COUN T Y O F FRI•:SNO h cs no, Ci\ 1 19. FORCE MAJEURE 2 Neither the COUNTY nor the CONTRACTOR, will be responsible hereunder for any 3 delay, default or nonperformance of this Agreement, to the extent that such delay, default or 4 nonperformance is caused by an act of God, weather, accident, l abor strike, fire , explosion, riot, war, 5 rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party. 6 20. ENTIRE AGREEMENT 7 This Agreement, "including all Exhibits", constitutes the entire agreement between the 8 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous 9 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and 10 understanding of any nature whatsoever unless expressly included in this Agreement. 11 Ill 12 Ill 13 Ill 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill -10 -COUNT Y O F FR I·:SNO F re~no, C:i\ 1 2 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 4 CONTRACTOR: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Fresno, a municipal corporation, By ______________________ __ Print Name : Jennifer Clark, Director Development and Resource Management Department Date: ______________ _ Mailing Address: City of Fresno Development and Resource Management Department Housing and Community Development Division 2600 Fresno Street, Room 3070 Phone #: (559) 62 1-8300 Contact: John Robertson, Interim Manager -11 - COUNTY OF FRESNO: By ______________________ __ Chairman, Board of Supervisors Date: BERNICE E . SEIDEL, C lerk Board of Supervisors By ____________________ __ Date : --------------- PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED COUNT Y O F FRI •:SNO h cs no, CA 1 2 3 APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL 4 By __________________________ _ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO ACCOUNTING FORM : VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR By ________________________ __ REVIEWED AND RECOMMENDED FOR APPROVAL: By ________________________ __ David Pomav ill e Director Department of Public Health Fund/Subclass: 0001/10000 Organization: 56201612 ($145 ,490.00) Account#: 7295 JW ATTACHMENTS: Exhibit "A"-Work Plan Exhibit "B"-FY 2014-2017 Budgets -12 -COUNT Y 0 1: FRI·:SNO Fresno, CA County/City: City of Fresn o-Tier Ill Funding CLPPP Budget Det ail Worksheet F i scal Year 2014-2015 Preparer's Name: Joh n M . Rober:son Exh ib it B Con tract No: 0 Federal ID: ..:.9-4--0-0-03,....3"""8------------ ICLPPP Allocation : I ' ~ I . $145,490 . Preparer's Phone No. : .:.;(5:.:5.:.9.:..1 6:.:2:.:1.:.;-8:.:5..:.1.:.8 _____ _ Preparer's Fax No.: -'l_55_9-'-)_4_88_-_l_07_8 ______ _ Date Prepar ed/Revised : Sep:ember 23,2013 PRIMARY CONTRACT MEDI-CA L L EAD PROGRAM (Tota l must be m m•mum 30% of Nurse Case Mgt. Adm i n i strative Activities Total Fundi ng CLP:>P Allocat •on) Services Non-E n hance d En ha nced $ 43,647 (50%/50%) (50%/50%) (25%/75%) E xpense C ategory :Do "lot Enter' AMOUnt Amount Amount !~mo u nt ~J:~'C ..•. ::;:.·:~:~:::::::~:·:::::::.:::;:;:;$:;:;::::::;::~:~:~:;:~:!$:!!!:!:~:!:~::~:::•:::!:::·:::::~:!' ::~:·:·:;:.:::::•:~:::;:!:!!*~:;:;:::::;:.:·:::•:~:·~:·:~: ~::::~:;:;:;:::~:~:~::::;:::!:£:~:;:•!!:::·:~:::!:;::: ;:~:::~:~:=:•:~:::~:~:-:·:~:::!:±!! ~ ... ,..---............ •"'• .~ ···:···:··~·:········ (a ) Total Salaries & Wa ges (from oerson nel Supplement"• 49,623 49,623 0 0 0 (b) To t al Sa lanes & Wages (from Pe rsonnel Supplement) 0 0 0 0 0 (c) StJff Benefit s Pe r cen tage= 31.94% 15,850 :s.aso 0 0 0 Person nel & Benefits Subtotal · 65,473 65 ,4 73 0 0 0 ' -~~<· ...... -.~ .... :.-.· .. ~ ...... ····· .. ~ ..... -!~~!;+;• ~·"!~·· ... ;:;!!!·!·!'~;•:::•:::::~:::::::~:::::::;::::.~::::::::::::!~P. ................... -........... It ........... ~ .... ~·····"'• .... e':'• ..... ~!::::::~:::·:::::~::;.:;:•::~:::: !!:~:·:~;~;:~::::!::~ ·•••··••···•·•·•••·••••••••••••••··• .. ················3:····~··············· ······1': .. -. .. ( •••• + .... !+ • •*+!+~+ :• ++!+:+!+4+ ~~ +!+~+:••• a.:···:···:·=·~· ' ... ·······~~ •• f> .... •-"' ...... ~ .......... "/) •• (a) Indire ct C ost (%)= IO.OC % 6,547 6,5.;7 0 0 ' ..... ~ (b) lnd C o sts Assoc. w . Enha nced Activ (%) = 10.00% 0 " ,_ :; :..._:~\!,~~ ..... ·'' :.& 0 ;~, L·~;....·~; ' . ,. -. Indirect Cost s Subtotal : 6,547 6.5~7 so so •, '+~·.:I ... .. • ·~~:::::.:::::::::::::;:;:;::::::!::::::::;:::::::::::::::::::::::::;:::;:;:::::;::: ~=:;:;:::::::~::::::::::::;:::).::~:::::::::::~::;:::::;:::: ::~:;:;:::::::::::::::::::::::;;!:::::;:::;:::;:;:::::::: !:~;:;:;:~;~::::;:::;::::::::::: :::::::~:::::;:;:::::1 . (a) Genera l Expen ses 1,969 ~.9 69 :~:~ ··: : (b) Space /Rent 0 :~ f-~ .-! • .. (c) Equtpment, Mt nor & Electrontc Equtpmen t 0 (d) Pnntit'g :.ooo 1,000 .,. . . .... ,-~; .. :··~~:1:,:: i ., ., ,, (e ) Tra vel and Per Oier1 0 (f) Train•n g Expe'lse s 3,500 3,SOC Opera ting 6,469 6,<-69 0 0 0 ~~;::::;~:::~:~:!::~::::::;i:::;:::~~:~:::~:::::~:~::::;:;:::::::::.::::=::~::::::~:~:~:~~:::~ 0 ·~~=::~ ;!:;:::!:±:: ::~ ;~::::::::! ::::::::•::::::::::~:::~. ~=: ;. ~"!::!:~.,=~1:: \~~:~';.;:~::-;::~ ~!~~!~·~ ::::~:;::~: ·::::::: :~: ;:::;:;:::::: JS A. A ssessm e<t Contractor 15,000 :s,ooc -~ ;~!~~·~~!~!~!~~~~~~~!!:~~!!~!~ .. Katch . Assessment Cortractor 15,000 :s.oo c ., ;:~~!:.:~:~!;:~::~::;:·~=~ ...... :~~~;::; ~~ ., Constructton Co"!tracts 15,000 :s.oo c ·.;. ~::~~~~~~!!!.!!~~·;~~~:~~::~~;.: .. :. :· '• Su bco·-nract Su btota : 45,000 <1 5,000 :.~;~=~:;:;~~=~~;-;?.;~;;~;::·~·~:~ 0 ·9 ~ Operating and Subcontrac:s Subtotal 51,469 51.469 0 o. _:_ ,(1 . ~ ~ '~~~~!~:!:::::;:::~:~:::·:·:~:~:;:;::::;::!:!:;:;:;:?.~:!:;:£:~~:·:::·:~:~:!:?.!~:•:;;;::~-~:;:.;: ~ =~; ~-~:=:~::::::! :;:; : !:;:! ~~:; :~;; ;!•!. :::~:;~ ::;::~-·;;: ;!$··:·~:~:~:::~:~:!:;;;:~:!:~!~~i!~!~~~:~~:~;: .~:i:::~";:~;;:!~!:!!!•:;::=-~~=;. ;:::~:;:~·~~:;:~:~:' (a) T•er 3 Fundt ng 0 ., .~. . ::::;~~$::!i:=~~~~~:~~ :;:~::~:::.::~;~:--:~ ~:;: .. ;~~~:·· (b ) XRF l oan Prog 'aM 0 ,.. ... ~~"'~'"".;.-. ..-.: .. !;.;;!:~ .. ·.,;. .. •..,·:: ,· :::.::~: ~~ ~~.r ~~!:~~~oo .~:~:~:;~-~ (c) Educattonal V1 atenals 5,000 5,00 0 ·-:·!~~-}~~-:.;~~ .. ~~;~ ·~!~!:!:~ ::~~~~~:':\,~!: !!:-:S~!~~!!~~ (d) En v ron n'Prtal Sa r1plinr; 17,000 17,000 ''"'•""-···~ .. ·,_:): ... "".· .. · ,·.~·.--... ~ ~r..· •. ' ·-~---·-,. . • . . -. . ",J·;Jrf"',•. ;;=~~::::!:. -. ~-.... ~ ·=-~;;:~~:~~:~ Other Costs Su b total : 22,000 22,000 ·~· ···.,-; :J.•!""!t~ ::.: :.~:~:~· ..... ~ ... ~4-!~~ .. , .... TOTAL Budget (should match Total Budget be l ow) s :145;!1;10 s 14 5,<:90 s $ s Funding {PCAi Code$ 5 1700 5:70: 51703 Sli02 State Fun ds $ :45,4 90 s s s Fede ral Funds s $ s To~a l Stat e Fu nes :sbould m atch C.P ?P alloc at•onj I $ 145,490 I Tot al i'ede'a Con:n bu:ion t o M Ct=>· I s Total Budget IS .. 1:45,439 1 J n :>u ~g e:eo A!loca t •on F.;'lds A,a•laciP: I 50 As t he CLPPP Coordtnator I certify tf'at tht s budget has bee~ co -st ~Jc:ed m As Ire Fiscal Agent io' this agency I c~r:tfy that :his t udget has been construct ed tn compha-ce complta nce wth a ll CLPPB ar>O DHS A O'Ttmst rat 1ve a nd Program Pohc 1es \'loin all CLPPB and DHS Ad'"ltnistrattve and Prog ra, Po to es ·----------------------------------------------------------------· --------------------------------------------------------------------------------------------Cli'PP :::oordi nato r's S•5'lil tu'e Date A(\cncy ~,sea I ~ge nt 's S1gn at.J re Da :e 1 County/City· Ci ty of Fresno-Tier Ill Funding Contract No: ..:0'--------------------- Federai iO : ~00338 ICLPPP Allocation: I ., . $1AS,490 . Expense Category r~~~::::::•:~;:;:;:::;::::~::;:::::•:::;::::::!::!t::::::•~~::~~:;:;~~:•:!:•:!!;:•:•:•:~:!:::::;:•::!~ \3) -o~a i $a anes & V.as~~ (f·e~""' P~·sc-"'f'W!I S~o.~pp trr~n-::1 :b l -ct.al Sal a· es & '/.,-'J;:es ··o"""~ Pe:·so ... re S ... :;p e,..~n~ \c ) S;:alf St"''f'"li S t>e~ce'"lta~o: = 3! 9'*' ?erso,ne & 3e,e',ts Suttotal ~•:;:;:;:;:~::!:!;:::::::~:;.:::::;:::::::::;::~:!:!~=::~=:!:::;::!:::~~:;~;~:~::::::).:!:~ Ia ) ~direct Ccs: 10,:, )= l CO~'io •b) .r d CoSls Assoc. w. :nha,ccd Ac.•v •',;,: = :c OC"'..o lr~c•rN ~ Cos:s SJb!o t:a "·"~;!;:;:~!:!:!~•:•:!:!:•:~·!~=~~·=·~;:::!:!!~~!~!;:;:.:;:::•:;:;~;:::;:!:~~:~;!;~;!.: (~l Gt""H:·.a · E"'p~.,s~s 'b1 S~3ce.'J:te""t ;c · (~ ... p_,e -t. r~~w vr s. E f':"::ro·uc .C.Ji pTc-~ fd} P· •t to g ie : -·a•,e •r·j p, •• Clt:'!' f ~} --~ "H r~ F ... :::e"'$~S COt<'-: .. ~ E..c~ .. s:~ 5..::~ ~~;t.:!:·:~:~:~:~:~:s!!!!~·;·:oS~!:~:·:·:~:~:·:·:·:·:~·:!!!:·:·;·:~:~:!:!:~:!:!:•:!:!!·~!:•:!:·~. .SA Assess ~rem Co1:<ee1or Kal e, Assesswe11 Cor :ra:tor Cons!n.C\ion Ccntrac:s ~-::~o":· ... : 5:J:J~o~,. ;J pe ·a:,ng ano S .ocontra :1s SJt::ota !•:!:~:~:~:~:!;~. ;•:·~.·;·:!;•!!:·;~:!~!~~=~~:~·~·~·~~::!!::~i!·:~~.!~=!•!:~:!;!:~~:~=!~~.::·:::~: ... (tt rc·3'-l..""d "'\g :b.)"=\::..:., .. 0 ·:::gra - :c £::wn: o-3 ~·.".:t"::~r" \ (d: t.-..,. ·oc ... -~n~~~ ~4 .-...::ltr· "":!-~· :=:.~s $_::.t!''.<t TOTAL B udget ( should match Total Budget below) f F .m:: n, ,P C~ j Coees (s :~te F~"'lds , .. ~ •• 'c"CS I'T:>t" S;:.-· •. :-.. "":~ :~~o .. ld -"~.:t ~k ::.~:-:p,. 1 ~: ·;;~-n· J•oto B<.:ge: CLPPP Budget Detail Worl<s hcct Fiscal Year 20 15-2016 Total Funding 1::0 'llot E":"' 49,623 c .5.8SC 65 473 PRIM ARY CONTRACT (-;to ! ""lUSt be -r nii""'•U:"" ~cc; c' Ct.:>?;).\ c:~•·.:>r $ 43,647 ..:.r-:u ~~ 4 9,6 23 15 es := 6 5 ,.!73 ?reparers Name: .,.,'A ~o""'"" Exhib it B Prepare l"s Phone No.: .:.l"..:~_9.:.;.c;,'.:.~:;..·_s;_::..;s ___________ _ Prepare(s Fax No.: l!:59; ~£.1 C7S Date PreparediRev lsed: -:Se=o,".-,.:..o:..c.:·-7:73.72.-:.l:-:3:----------- Nurse Case Mgt. Services (50'.V.050%1 Ar~ ... ,~ MEDI -CAL LEAD PROGRAM Admini str ative Acti vities 1\.o"'l·Enra,c.ec! lo<l'~/SC'/o l Ar'!;)U"~ E""la .. c~d '"S%!7 S ~l AM:::u • .~n ~ ·······~;!·:·!;!:~;::·::;·::;:;~:;~:••;•.:. c 0 0 0 c c ·;·!:;•;·!-:!!~:•:·:~:.~:·~·;::•;:;!~ -=::::::·;·;~.·:::!··:~·.-:· .. ·;·;·~·:t::;·:~!--;(!:!:• 6.5~ e .~ oil 0 ' .~ ... 0 (' c.S-'7 e s• SOl so l .~ ~~·:•: .. , ·j; .. ~ .•. .;;_,; ~: .. :~·~·~~;~;~~·:•!;~;:;!;~;;~!•:;:•:•!· :.9&-+ : 9 b . ·;-~!;·;~~~;·:-! ~ .. , . ,:,i ·• ~; .. ·.~!~~;·~~-·· • .OC:l :.:·C :.'I r ·,~ -... ~.~~:~'...<.~:.·-:.v.,• · ••!'•:•:• :-;; .,!;·~•:i -!:.-: .. !·~;:.~;.;...~ 3.5~-, :..5C'": 0 0 0 • ~4 .. 6~~ 6,,:; oil c ;~:~:;!~!!!"!:!:*:!:!:!:-;;~~~~!!;~;· ..::·-=·~~·:-=:.:;;.;~~~=; ~·:.:~-~-~· .. •:!~~:;;;:;:·:~;··~~~=~=· /!-::•::;~.::~~-=·,::;; :~.-~..:,,-' :s.:o: E .o:. z.-.:~;!;..~c-;~~~1:~~~!;!~;~r.~·~\! "' ·~:·~~;.~'!.?;! :s.:« 1:,0'"...0 :.;,..;·~•;<· .. <·~·="i:•;·~.r .. 9~~f· ... .;. .. :{ t.:,i:.:~·~.::..: 15.::0.:: 1~.0~'(.. ~~~~~=-:.:.:»?•..:.~: .... ~~!~~:..~: .. ·.~!; ~~- .!~,')()C: ~c;.c:~ ·~. ~·.; .; .. •-:- '>:4Si ~-4t:~! cl:: · · · 0 ~·. ·!!:~:·:!~·:·:·;·;~.:!;·:~=··~=·:~ •:•f·~ ;•:•;,., .... ~". ~.::·~!~!··;~~~:!;•;-;.;·:~.~: .. i~.. ~·:· ·=~-!l .-.... 'f.~ "}•" .. •. D:~ :,,:·N ! =1·· ~, • 7 ""'~ ,, .• ___;!_.=::.::. • .w•H • ·. ~.4 _:>:'"(' z :.:~v · · l45-.49D s :11 s t:=;o I 5 l 7 ~ I~ ~ :": ~9 ~ : I I ":"(., I ~.: /C! I s · I s I I s I s ·I J~ --:~:1 -~:a ~'!?t·sl -:~ .. ·~·t .. r •~"~ t : v :~:: I.'S --_-) .... b _~,e-·-e: ~~·~ ... : O" ;::._. .. ds ~\11 1abe. ( ";.; 1 f\S 1he .:_p :>p Ccorc -,a:o· con "y tr al :hos b .;dget ~a s oee· :C"SIIuct&d .~ CO"\''p:la"Ce" :hall c~::::>g Yd OYS Ao ··· .. ums:'atl ve and P r~'a rr Pel c es 4s trc F.sc<> .<-;e "t 'o·1· s a~e1c, ce1 fy .,.,. this b..::;;e1 ·as c eer :cns:-uc.cc n co-r ;;l an:e .·.rt~ a CLP~s a"'j DHS A d~ ms;~c:n ve aoc P"cg .. arr ~c iCtes Cl ~J:~ .:.c~r: -~::>~·: S f"l i~u r t ::3~e ;.Rt' ... ::" =·~~ ..:~e·· ~ ~ ~-a: ... ·e .. Jitt 2 Cou nty/City: C ity of F res no-Tier Ill F unding CL PP P B u dget Detai l Worksheet Fi s cal Year 201 6-201 7 . Exh ib it B Preparer s Name : .:.Jo:.;h:.;n:.;i'v_l _. R...;o:....:b:....:e...;rt:....:so:..n ____________ _ Cont r act No: 0 Federal ID : -::9--:4-=-o::::o-=o3~3::-:8:------------ ICLPPP Allocation: I I . $145,490 . Expense Cat eg ory ~)i~!!!!!:::::::::::~:::::::~::::::~:::~:::~;::::::!!;~::::~~~:~:::i:: .. t';:~:::·: ~:=~::~:::!:~:!:;• (al Tota! Salarres & Wages (from De-so n net Supplement' (b) Total Sa l~nes & Wages lfrom Personnel Supol ement) (c) S:ar Benefts Percentage= 3:.9G% Perso nnel & Benefits Subtotal ~ ~:~::~:::;::;;;::: ::::::~: ~ ; ~:~:~: ::~ !: ~ ·~::::. ;.~· :~;: :;~:;:; ~;~;~; ~ ~ ~;:;~,_:~;:;:;:;~ (a) lnd1rec t Cos: (%)-10.00% (b 1 lnd Costs Assoc vt. Enh a r ced A ct v (0, lO.(}:J% lndrrect Costs Subtotal : :~-~e~g;~~:~:;:;:;'t::~;:;·: .. :,;~;:=·::;:;;;!;:::!:;:~:;:~:::;:;:~~:·:;:::•;;:;:;:~;:: (a ) GenN'JI Exoen se> (b) Space/Re n t (c) Eouroment. tJ!rnor &. Elec:ronrc Eq\..rpme1t (d ) Prrrtrng (e) Tra ve and Per Drcm (f) T·ainrn g rxp!!nses lEJ).,_~~iii~:::~~::;::::·!:~::~: ·:? .. ·~.: .... :=~-~·::~. :~;·:·'·.~:;:~:!:~~~=;~.~-~:;~ :;:~1 ;~:~!:~::· J S A. A s sessm e 1t Co~tra c:o r K atch. Assessment C ontractor Construc:1cn C ontrac:s Su bcontract Subtotal Opera:irg and Subcontracts Subtotal ~~~~15!:::!::::::;::~~~:;:;!;;;:~ ~;~-~;:;:;:;:;!.;~~::;:~~~:::~::::::;:::;!::~::::::~::::::;~ ~ ia) .,.,e, 3 °undrr g (b) XRF Loan Drcgram !cl Ecr.;cational M aterral; (d ) Meeia Events Other Cost ~ Suoto:a TOT AL Budget (s hould m atch Total B udget b el6w)l $ F:..ndi~g PCA J Coces S:a t e Funds Federa Funds [rota Sta:e f-u nds [;hou d match (Lop:> alloca:rcn) -otdl s~c sc: Total Funding (Do Nol Enter) 49.623 0 15.850 65.473 6,547 0 6.547 1 969 0 0 l ,GOO a 3.500 0 0 1~.000 15.000 15.000 45,000 96.469 0 0 s.coo 17.000 22 ()(1:J 14S,490 As t'le CLPPP Coo-dlna:o· I ce1rfy :hat th s blodge t has been const ructec 1r cor1pliarce w th all CLPPB ard DHS Acmrnrst·at1ve and P·ograrr Polioes C.PP " Cc orc n;.to ~·~ Sr f•,awre Dat e Pr e par er's Phone ~..:;(5:....:5:....:9:...1 .:..62.:..1;__·.:..85;,.:1:....:8;___ ____________ _ Preparer's Fax No. : -'-(5_5_9.:...) _48_8_-_10_7_8 _____________ _ Date PreparedfRevis ed: _s-'epc..t_e_m_b_er_2_3..:..,2_0_1_3 ___________ _ PRI MARY CONTRAC" M EDI-CAL L E AD PROGRA M (Total must be minrmum 30% of CLPPF $ 43,647 Nurse Ca se Mg t. Services (50%150%) Amount II Amourt • ;· ... ;•; ·:·;· ~·· ·; ·; .......... =·~. :·;· .. •:•; •( •,., • -,+,., • .... •,.f o•~•"!•., ·~! I'J • ~ • .,•., !i>'!"J.!""•· •- 49,623 0 0 0 15,850 0 65 ,473 0 6,547 0 Adm i n ist rative Acti viti es Non-Enhanced (5moi50%l Amou1t Enhanced i255e/75 %) Amount ~!:!!!:~:!:!:!~~=~:::•:~ :~~i!~~~:::;::;~ .. ~~;~ :::::::~! :~::!;~ . ~:: !!!!:~;:::::~: ~ .::::~:;: . 0 0 0 0 ;} 0 0 0 :::~:::~:::·:::~:::~:~=~:~=::·:~=·=~:::_ ~-·=~::::~~=~~:~=~:~~:~:~:w:;:~:::~=:~~ o···· 1 ··:~;~ ... :~; ··~~ -·~:··~·~~-:-'},.-... -~· 0 6,54 so so ~;:::;:::;:;:~=~~~~:=~~;:~:::;::$:! ·:::;:::;::::;;::::::;;:;:::::::;:;:::! ~~:;:::;:: ;::;::!;~;~::~:::.;.;:•:~~~: ••••• ~:~:::::~:·:!:!:!:::::::;:~~·:•:!!~!!:;::;::;:~; 1.969 ~:.: 1,000 ~;!:_;{;:~~~ ...... ;;~:~~ .. ' I 3 500 . . ·;··~~;.,.: · .. . I .,., ... ,·~--.·.;·~·~--;·;<;·To·.·· .·~11 n --· .--· ·--r -;-,;-.-.....•... ~·~~~-, .• ,-~""··· _., I '~ ... ~.· .... ~ ............ ._ ••• ... d' ,;--..,•<;' .-iJ.t-"'·"•!"-~·~· ~.! ··!:· .... ·~· ... # .•. • -.., •• .. ~. • . ·,:~:!:;~;~.~~ ;:: :-.~ 7'~~-·.' l S,O:JU :s,ooo ~:!:!;~:~~!:!.!~~:.:, !5.000 =r:~~~:~t=;;~.:~~::~ 45.000 ••4·~·:!:!:~.~~=~~~~· ~ 0 --..·. '"· 51,469 0 0 0 ·:!:::;±:::::!:::::::::~ ·~:::::.::::;:: :::~·~:::::: ~~:!::::~· ·:::::::~:!:::: ~;:~~:·:!:!::::~::::~::::::::;!;:!:!;" ;:;:::::::::::;:.:::::::!:!:!:!:.:::;::::.~.!!::::::~ > ~·~~~:~ .:!~~-:~ .· ',.,' .. :~;"";,•~~~···,.~•c ;'!~~~~~;~r· ~;~ S,OOC -r. r~:-...lo.~:{ .. ::~~=~~ I ~;,·:;.(: .. ·~~~.· ,to;.• 17,000 .. ~·:•A•:..; :.•:·' I : :~~;~:~~:::!··~-{ ~-c .. ~ .. :-..~""! .. ~··-~·~· 22 ,000 .~~:~:~~.;..:. ; ... • .. ~;;_•7&· ':;, ~·~· ... ~:·.·· ... 1<6 s 14 5 ,4 90 lis s s s :;1700 $ 145,490 H s:1o: 5:7:l3 5:707 s $ 5 Is 145,490) TctJ! =e dera' C ontr ,:Ju:io ~ ;o ~-'C Y S I rs 1 45,489 As t ~e Frs::al Agent ~r this agercy I ce1:fy th at t t-is bucget ~as been constructed 11 corro 1ance with all CLPPB and DHS Adr-1r;strat 1ve a~d Prog1am Polic1es M.ency ~rscd l As•:n t\ Sr5 naw·e Date 3 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Obj ective 5-11 : Develop and implement activities designed to prevent lead-exposed children and at-risk children from exposure to lead hazards. -· Activities to Support the Obj ective Timeline Sta ff Evaluation/Deliverables All CLPPPs must conduct the following Ongoing Division Fo r all activities under this objective, CLPPP will activities under Objective 5-11 Manager submit: 1. Protect children with known blood levels that (DM ) show lead exposure from additional r:g] Re levant page of CLPPB Lead Poisoning Follow- exposure to environmental lead hazards by: up Form for addresses achieving clearance, carrying out lead hazard evaluations Senior attached to approp riate P rogress Report . (in c luding clearance, E l, risk assessment, Community r:g] Biannual Progress Re ports and other activities); ensuring proper lead Revitalization abatement procedures and clearance of Specialist hazards; and verifying that abatement (SrCRS/PM ) workers are conducting activities as required Community by California Code of Regulations , Title 17 . a. Efforts may focus on specific high-risk Revitalization Speciali st population groups and/or geographic (CRS) areas. Community Revita li zation Specialists, and othe r essential staff (for lead Senior r:g] Desc ription of children to be add re ssed by lead hazard investigation) have rece ived Risk Admin Clerk ha zard reduction activities. Assessor/In spector training and RRP training (SAC ) for the identification of lead based paint hazards. The Division shall continue to have staff attend training as necessary to keep abreast of lead based paint hazards, control measures, new and ongoing federal, state and local agency regulat io ns , and grant opportunities. The Division 's ongoing program I Ch il d hood Lead Poisoni ng Preve nti on P ro gram Exhibit A Scope of Work I Work Plan Objective 5-11 : Deve lop an d im p le m e nt ac t iviti es desig n e d to p r e v en t lea d -e xposed c hildren a n d a t -ri s k chi ldren f r om exposu re to l ead hazard s. Activiti es to Support the Object ive T i meline Staff Eva lu ation/Deliv era bles of inspecting all hous ing related cases in pre- I 1978 single and multi -family units (herein after I I I refe rred as unit o r units) and ensuring they ; rece ive a visua l lead based paint inspection and assessment within the City's jurisdiction will continue. The D ivi sio n will continue to work with their county health partner in any additio na l inspection and assessment for the remediation of lead based pa int hazards in I units with identified EBL children w ithin the City's jurisd iction. The Division is continuing its effort for development and refinement of policy and procedures for renovation , repa ir and painting of pre-1978 units to ensure these are conducted within all federal , state and loca l regulations . b. If not already identified in the contract work plan , with in six months from the start of the contract , submit a plan to CLPPB as to which children will be addressed, identifying: I. Range of blood lead levels; Range of blood lead levels shall be determined by the local county hea lth authority and /or the federal requlations for inspection, __j 2 I I Childhood Lead Po isoning Prevent i on Program Exhibit A Scope of Work I Work Plan Obj ective 5-11: Develop and implement activities designed to prevent lead-exposed children and at-risk ch il dren from exposure to lead hazards. Activities to Support the Objective Timeline Staff Evaluation/Deliverables assessment and lead hazard control services. Th e division will also address families with children under the age of six years old . ii. population group(s) and /or geographic area(s). Geographic areas as deter mined by local county health authority. C ity shall util ize its case man agement data base for tracking and mapping of identif ied lead based paint hazard units. Th e division will identif y address hazardous paint throughout the City of Fresn o. However the Divisions' efforts a r e focused in the southeast a nd southwest areas of the city of Fre sno, which I contain predominantly p r e-1978 units . I Ident ified zones h ave been with in four zip codes (93 701 , 93702 , 93706 and 93727). 2 . Implement a program to reduce the Ongoing I Senior ~ Summary of steps taken to reduce childhood opport unity for children being exposed to Community lead exposu re , attached to the Biannual environmenta l lead hazards, by 1 Revita l ization Progress Report. investigating 1 Speciali st 1. Property is initially inspected t o check for loc ations where ch ildren are being exposed (SrCR S/PM) health and safety issues , proj ect feas ibility , o r have been exposed i n the past, and and building code violations. Photos Taken. re sponding as necessary with appropri ate Community 2 . Correction list is generated for property enforcement actions . Revitalization owner. I Specialist 3. Risk assessment is ordered on p roperty. §_._ __ Efforts may focus on a spE)Cific h ig h -risk (CRS) 4. After Risk Assessment is received scope of I 3 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objecti ve 5-11: Develop and implement activities designed to prevent lead-exposed chi l dren and at-ri sk children from exposure to lead hazards. Activities to Support the Objective Timeline Staff Evaluation/Deliverables geographic area or areas of concern. I wo rk is prepa red to remediate hazards b. If not a lready id entified in the contract Se nior identified at p roperty. work plan . withi n six months from t he Admi n Cle rk 5. Scope of work is approved by Manager and start of the con tract, submit a plan t o (SAC) the n sent to Hist oric review . CLPPB as to which geograph ic a rea(s ) I 6. After app rovals scope is rev iewed with will be addressed or other cri teria th at pro perty owner. will be used to determine the sites of 7. Bid package is prepared and sent out to these investigat ions. I contractors one week in advance of tour. 8. Bid tou r is done at property with property owners present. Contractors have one week to subm it bids. 9. Bid opening is the following morn ing lowest bidde r is awarded th e bid. 10. Contract is then drawn up and a appointment fo r signing is made with property owner and contractor. 1 1. After cont ract is signed contractor is given a noti ce to p roceed. 12 . Lead supervisor is notified of job start date. 13. Proj ect is t he n sta rt ed. 14. Prog ress insp ec t ions a re ma d e on prope rt y with p hotos taken . 15. Project has a fina l inspection upon com pl etio n. P unch list generated if needed. Progress payment of 90% is usually paid at this time . I 16. Re-inspection for punch list complet ion. 1 ~1e aran ce is cal led fo r by co ntractor. 4 Ch ild hood Lead P o iso ning Pre v enti on Program Ex hib it A Scope of Work I Work Plan Obj ecti ve 5-11 : Deve lop and im p l em ent activiti es designed to preven t lead-exposed chi ld r e n and at-ri s k children from exposure to lead hazards. Activi ties to Support the Object ive 3. Implement a program to reduce the opportun ity f or ch i ld ren being further exposed or at-risk children being exposed to environmental lead hazards by investigating tips and complaints about lead hazards. and by identifying le ad hazards in p re-1978 dwellings and public bu ildings and their surroundings that are exposing children to lead , respond ing to each as necessary with appropriate enforcement actions . 1. Contacts will be created by either proactive ou treach o r react ive reporting parties. 2. The main focus w ill be families with children under the age of six or children with elevated lead Blood levels as determined by Timeline Ongoing ' Staff Sen1or Community , Revitali zation Specialist (S rCRS /PM ) Community Revitalization Specialist (C RS) Senior Adm in C lerk (S AC ) Evaluation/Deliverables 18 . Upon receiving Approved Clearance Notice of Comp letion is generated and filed at the Fresno County Recorder's Office. 19. 35 days after Notice of Completion is recorded , County Records are che cked to see if liens are present. If no liens are on property final retention payment of 10 % is paid out. 20. All spread sheets are up dated and construction file is turned over to the financial side for merging and final closure of project. l6J Plan for conducting investigations in identified high-risk geographic areas . [ZI Documentation of identified high-risk geographic areas. 5 Childhood Lead Poison i ng Prevention Prog ram Exhibit A Scope of Wo rk I Work Pl an Objective 5-11: Develop and implement activities designed to prevent lead-exposed children and at-risk children from exposure to lead hazards. Activities to Support the Objecti ve Timeline Staff Evaluation/De liverables t he County. I I 3 . Contact will be made by the Lead Hazard I Program Team or other staff with the idea of to remediate t he lead hazards as well as providing education on lead hazards . a. Efforts may focus on a specific high-risk geographic area or areas. b. If not already identified in the contract work plan , by six months from the start of the con tract, submit a plan to CLPPB as to which geograph ic area (s) will be addressed or other criteri a that will be I used to determine t he sites of these investigatio ns. I I I I I I I 6 Childhood Lead Poisoning Prevention Program Exhibit A Scope of Work I Work Plan Objective 5-111: Increase collaboration with local building departments, housing departments, code enforcement groups, environmental agencies and other groups to see that lead hazards are properly identified and eliminated. All CLPPPs must co ndu ct t he following activities under Ongoing Sen ior For all activities under this objective CLPPP will submit: Objective 5-111 Community ~ Meeting agen das and minutes 1. Develop collabora t ion and partnerships with Revitalization ~Copies of response policy (e.g., personnel roles investigation and enf orcement agencies (i.e., city Specialist and r esponsibilities, e nforcement) and/or county b u ild ing departments, housing (SrCRS/PM) ~ Docume ntation of training departments, code enforcement agencies and ~ Biannual P rogress R eports environmental agencies), particularly those in specific ' Sen ior 0 Other (please specify): jurisdictio ns that are identified as high r is k for lead Admin C lerk CLPPP must submit all of the following : hazards. T hese would in clude: I (SAC) ~ Lis t of enforcement agency contacts a. Developm ent and implementatio n of programs for ~ Description of collaborations w ith enforcement tr aining of investigation and enforcement agency i agencies. per sonnel on identifying and appropriate ~ Other (please specify}: The Division is part of an established corr ection of lead hazards, as in dicated for your collaborative th at meets on a bi-monthly basis . The collaborative jurisdiction. has an excellent working relationsh ip and thi s re la tionship is an b. Fiscal support for training if needed , and as enhancement to the Division·s overall work product as it relates to resources allow. lead based pain t hazard abatement. C. Development and implementation of other a. Di vision staff have completed a 40 hour lead risk activities specifi e d by t he CLPPP (and approved assessor/inspector train ing and an 8 hour Renovation , Repair by CLPPB). (Details of the activities are to be and Painting instruction. They will continue to be upda te d by specified by the Local Health Jurisdiction.) I attending conferences, seminars and additional t r ain ing as warranted. The Division also collaborates with other California agencies for investigatio n and enforcement techniques. b. Training and travel is identified for the purpose of provid ing conference, semtna rs , on-line and other training opportunities f or con tin uous education on lead based paint haz ards. c. Modifications t hat w ill enhance the D ivision 's activ ities shall be incorpor ated systematica lly and should the modifications affect this objective, they shall be vetted with CLPPP befo r e incl usion into this program. 7 I Ch ild hood Lead Po is oning Preven t io n P ro g ram Ex hi bit A Scope of Wo rk I Work P lan Objective 5-111: Increase collaboration with local building departments , ho using departments, code enforcem e nt groups, environmental agenc ies and other groups to see that lead hazards are properly id e nt ified and eliminated . 2. Develop and implement interagency referral, Ongoing Seni or [g) Interagency refer ra l procedures reporting procedures, and cooperation with Community [g) Interagency reporting procedures investigat ion and enforcement agency Revitalization partners. Specialist a. Include acti vit ies such as responding to (SrCRS /PM) [g) List of delineated roles and res ponsibilities practices that create lead hazards by [g) Compliance and enforcement procedures implementing lead hazard compliance Senior and enforcement procedures. Admin Cle rk D Other (please specify): b. De lineate ro les and responsibi lities. ' (SAC) 3. Develop an enforcement response policy , June 30 , Senior [g) Enforceme nt policy including th e roles and responsibilities of 2015 Community D Other (please specify): partnering enforcement agencies. I Revitalization a. S ubmit this policy to the CLPPB, by the Specia list end of the first year of this con tract. (SrCRS/PM ) Senior Admin Clerk (SAC) T he following 2 activities are optional. Please Ongoing Sen ior cgj Assessment of local government laws , indicate with a check mark if you choose to Community ordinances, conduct them. Rev italiza tion housing codes and enforcement structures 4. [g) As resource allow, assess the Spe ciali st cove ring identified lead hazards. effective ness of local government laws. (S rCR S/PM) D Other (please specify): ordinances. housing codes , and enforcement Sen ior structures covering identified lead hazards , Admin Clerk and determine if changes are required to (SAC ) ensure children are protected. I I ' I I I I I 8 Childhood Lead Poisoning Prevention Program Exhib it A Scope of Work I Work Plan Objective 5-111: Increase collaboration with local bu i lding departments, housing departments, code enforcement groups , environmental agencies and other groups to see that lead hazards are properly identified and eliminated . Ongoing Department Ma nage r (OM ) [ZJ Description of outreach . [ZJ Materials on renovation and remode lin g . [ZJ Other (pl ease specify): The Housing Division 1 wo rks closely with the Community Revita li za ti on Senior 1 Div ision to allow for better coordination of expertise Community a nd resources. Commun ity Re vi talizat ion staff will Revitalization function as out reach coordinators for all special Specialist programs (i.e.: lead hazard con trol ). (SrCRS/PM ) Community Revitalization Specialist (CRS ) a. The Ho using D ivis ion has information about the Division work, along w ith le ad based pa int hazards, on our websi te , some in PDF forma t for down loading and printing . The information in cludes contact phone numbers and web-s ites for add itional information. a. The Di vision maintains a kiosk nea r our front 9 Childhood Le ad Poisoning Pre v e nt ion Pro gra m Exhibi t A Scope of Work I Work Plan Objective 5-1 11 : Increase collaboration with loca l bui ld ing depa rtments , housing d epa rtments , code enforceme nt groups, environmental agencies and oth e r groups to see that lead hazards are properly id e ntifi ed and eliminated . A c tivities to Support the O bjective T i meline Staff Ev aluat ion/Del iverables 6. Collaboration and partnering with Ongoing Department CLPPP must su bmit a ll of the following : community-based organizations (C BOs ) Mana ger cg] List of CBO contacts. addressing lead hazards is strongly (OM ) cg] Description of co llaborations w ith CBOs encouraged , as resources al low. Examples cg] Tra ini ng and /or educational materials f or CBOs of a ctivi ties are: Senior cg] Other (please spec ify): Th e Div ision has been a. Providing up-to-date training and Community coll aborating with various CBO's and Fa ith educational material to CBO staff that Revitali zation Based Organizatio ns , and w ill continue in o ur they can employ in outreach efforts to Speci alist efforts to mainta in those relationships wh i le t heir communities. (SrCRS/PM ) deve lo p ing more. b. Helping CBOs identify high -risk areas c. Othe r activities specified by the CLPP P Com mun it y a. Mate rials o btained and deve loped by the (and approved by CLPPB ). Please Revita lizatio n Divis ion are s hared and provided t o our Specify activities: Specialist partners. Our ou trea ch team p rovi des train ing 7. The bread t h and extent of activities planned (CRS ) to the partners on an ongoing as neede d basis. and ca rried out fo r it ems 1, 2, 4 , and 5 in this obj ective, are ex pected to be Senior b. Ta rget area information is provided to our proportional to the supplemental funding Admin Clerk partners and is discussed on a re gular bas1s in and resources provided . (SAC ) the collaborative meetin gs . 8. Informat ion on activi t ies carr ied out under th is objective is to be subm itted with each C. The Divisio n is committed to the current bi -annua l CLPPP progress report. co llaboratio n with the local C LPPP . 9 . Local Health Jurisdictions a re encouraged to evaluate and modify activ ities that I support the objective, w ith approva l from the CL PPB. I ~------------------------------------ 10 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-343 Agenda Date:9/11/2014 Agenda #:1-F REPORT TO THE CITY COUNCIL September 11, 2014 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Authorize the Director of Aviation to execute a consulting agreement with Blair, Church & Flynn Consulting Engineers of Clovis, CA to provide professional civil engineering consulting services to relocate employee parking and provide other related facilities at Fresno Yosemite International Airport in an amount not to exceed $97,580 RECOMMENDATION Authorize the Director of Aviation to execute a consulting agreement with Blair,Church &Flynn Consulting Engineers (BCF)for the relocation of employee parking and other related facilities (Project) at Fresno Yosemite International Airport (FAT). EXECUTIVE SUMMARY With continued record growth,the Airports Department is planning to increase the number of available long term parking stalls at FAT.The existing long term parking facility constructed in 2002 was designed to accommodate this growth.However,a portion of the long term parking lot was separated and utilized for temporary employee parking.It is now time to recapture those stalls for long term parking use by constructing a separate and dedicated employee parking lot.The consulting agreement with BCF will initiate this process and include design of other related improvements. BACKGROUND Since 2009,the number of passengers using FAT has been steadily increasing.Total passengers using FAT in 2013 was an all-time record,and 2014 is shaping up to be another record year.The average growth over the last five years is 10%,and since 2011 it has been 18%.Airports Department tracks parking facility usage daily and has confirmed a corresponding growth rate in the public parking lots.The short term lot has sufficient capacity for the foreseeable future.However, in its current configuration the long term lot is at or near capacity during peak travel times of the year.The Project will provide a separate employee parking lot in a location that has been City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-343 Agenda Date:9/11/2014 Agenda #:1-F year.The Project will provide a separate employee parking lot in a location that has been previously designated for possible future parking.Removal of the temporary employee parking area from the public long term lot will provide the necessary added capacity. The growth at FAT has also caused overflow conditions at the cell phone vehicle parking area. Therefore,the Project will increase available parking spaces in the cell phone waiting area.Other enhancements associated with the Project will include,but not limited to,a relocated and upgraded taxi queuing area, electric vehicle charging stations, lighting and security. Through a competitive Request for Qualifications (RFQ)process,the Airports Department invited civil engineering firms that could provide comprehensive full-service planning,design,construction documents,bidding support and construction administration to submit Statements of Qualifications. The Airports Department issued a public notice for qualified firms in The Business Journal and on the Airport’s website and direct mailed the RFQ to all interested firms.Ten professional consulting firms responded to the RFQ,and their qualifications were evaluated by a committee of four in accordance with the provisions of the RFQ and FAA regulations.The firms were rated based on the evaluations and three firms were selected for future service.Of those three firms,it has been determined by the Department that BCF is most qualified to perform the Project. The agreement utilizes Standard Document #FYI-S 16.1,pre-approved as to form by the City Attorney’s Office and used without modification as certified by Airports staff. ENVIRONMENTAL FINDINGS Not applicable because the agreement does not constitute a project. LOCAL PREFERENCE Blair,Church &Flynn Consulting Engineers is a local firm as defined in the City’s Local Preference Ordinance for Consultant Services (FMC 4-109). FISCAL IMPACT Funding for this Project is provided by Airports Department funds.The Project is included in the City’s FY 2015 Budget. There is no impact to the General Fund from this action. Attachments: - Agreement - Site Map City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the ______ day of September , 2014, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and Blair, Church & Flynn, a California Corporation (hereinafter referred to as "CONSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional civil engineering services for Relocation of the Employee Parking Lot at Fresno Yosemite International Airport, hereinafter referred to as the “Project;” and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a civil engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Director of Aviation (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or September 30, 2016, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY’S issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 700 consecutive calendar days from such authorization to proceed. 3. Compensation. (a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Eighty Seven Thousand, Five Hundred and Eighty Dollars ($87,580), and a contingency amount not to exceed Ten Thousand Dollars ($10,000) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. FYI-S 16.1 /03-24-14 -1- (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon Director’s request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault FYI-S 16.1 /03-24-14 -2- or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSULTANT will be at CITY’S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. FYI-S 16.1 /03-24-14 -3- 7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. FYI-S 16.1 /03-24-14 -4- (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in FYI-S 16.1 /03-24-14 -5- accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY’S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact CITY’S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any FYI-S 16.1 /03-24-14 -6- portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. FYI-S 16.1 /03-24-14 -7- 13. Independent Contractor. (a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. FYI-S 16.1 /03-24-14 -8- 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. FYI-S 16.1 /03-24-14 -9- 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. / / / / / / / / / FYI-S 16.1 /03-24-14 -10- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Kevin R. Meikle, Director of Aviation Airports Department ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #FYI-S 16.1 has been used without modification, as certified by the undersigned. By: Richard L. Madrigal Capital Development Specialist Airports Department REVIEWED BY: Mark W. Davis, Airports Planning Manager Airports Department Addresses: CITY: City of Fresno Attention: Richard L. Madrigal, Capital Development Specialist 4995 E. Clinton Way Fresno, CA 93727 Phone: (559) 621-4528 FAX: (559) 251-4825 Blair, Church & Flynn Consulting Engineers, a California corporation By: Name: Title: (if corporation or LLC, Board Chair, Pres. or Vice Pres.) By: Name: Title: (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Blair, Church & Flynn Consulting Engineers Attention: Cordie Qualle, Project Manager 451 Clovis Avenue, Suite 200 Clovis, CA 93612 Phone: (559) 326-1400 FAX: (559) 326-1500 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form FYI-S 16.1 /03-24-14 -11- Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (“City”) and Blair, Church & Flynn Consulting Engineers (“Consultant”) Relocation of the Employee Parking Lot at Fresno Yosemite International Airport Project Scope The City of Fresno Airports Department has determined that it is necessary to expand the long- term parking lot at Fresno Yosemite International Airport to provide more parking spaces within that area. Expanding the parking lot will require the relocation of the employee parking for the commercial air carriers and concessionaire employees who work within the terminal building. The Airports Department has selected design Alternate No. 7 that reconfigures the Manager’s Parking lot to have 73 parking spaces with 1 electric vehicle charging station (EV) and infrastructure for 2 future charging stations; a new employee parking lot with 373 parking spaces including 8 handicapped spaces, 3 EV charging stations and infrastructure for 4 future charging stations; a reconfigured cabby parking area with 20 parking spaces; and a reconfigured cell phone parking area with 48 parking spaces. Access for the Manager’s Parking lot will not change. Access for the new employee parking lot and the new cabby parking area will be from East McKinley Avenue and not from Terry Cooper Drive. Access for the cell phone parking area will remain off of Terry Cooper Drive. The project will also include extending sewer, water, and electrical services to a new break building for the cab drivers that will be located in their parking area. The new parking areas and reconfiguration of the existing employee parking area is estimated to cost $1,319,000. The Airports Department has requested this proposal to prepare the construction documents for bidding purposes for the Alternative No. 7 parking lot. The construction documents would also include retrofitting the present employee parking lot for expansion of the long-term parking lot. The retrofitting would include new controlled gate access, some demolition of existing concrete improvements, construction of new concrete improvements, and restriping of some areas of the parking lot. The construction documents for the new parking lot will include preparation of the demolition plan, grading and drainage plan, signing and striping plan, access control and security fence plan, lighting plan with Light Emitting Diode light fixtures and dimming option (the lighting of the parking lot shall provide a minimum average of 1.5 lumens within the parking lot), inclusion of up to 10 EV charging stations in the Long Term Parking, estimates of construction costs, and specifications, as well as review and revisions to the plans in accordance with Airports Department comments. Additionally, the work will include supporting services while the project is out to bid and during the construction of the project. Record drawings and the final Engineer’s report will be prepared to close out the project. Much of the base mapping has been prepared for the project during the preliminary planning phase of the project, which was completed to prepare the alternative designs for the parking areas. However, the new cabby parking area extends into an area for which no topographic survey is available. Therefore, some additional topographic survey and base mapping work will have to be accomplished with the design work for Alternative No. 7. 1 of 4 It is our understanding that the National Pollutant Discharge Elimination System Stormwater General Construction Permit documents will be prepared by the Airport staff and the Contractor. Our scope includes review of the Stormwater Pollution Prevention Plan prepared by the contractor and to assist the Airport staff to upload the Permit Registration Documents (PRDs) into the SMARTS system to obtain coverage under the General Construction Permit. Scope of Services The specific services we propose to provide are summarized as follows: I. Prepare Base Mapping – 14 consecutive calendar days from notice to proceed for this phase A. Complete topographic survey of new cabby parking area B. Process topographic survey information and extend topographic mapping to include the cabby parking area C. Verify topographic mapping and prepare existing surface digital terrain model D. Conduct geotechnical investigation and prepare report II. Prepare 60% Design Documents – 30 consecutive calendar days from notice to proceed for this phase A. Prepare design Civil drawings B. Prepare design Civil reconfiguration drawings for existing employee parking lot C. Prepare design Electrical design drawings D. Prepare design Electrical drawings for reconfiguration plan for existing employee parking lot E. Prepare design specifications F. Prepare cost estimates G. Submit design documents to Airports for review and comments H. Design review meeting III. Prepare Bid Documents – 30 consecutive calendar days from notice to proceed for this phase A. Respond to 60% review comments B. Prepare design Civil drawings C. Prepare design Civil reconfiguration drawings for existing employee parking lot D. Prepare design Electrical design drawings E. Prepare design Electrical drawings for reconfiguration plan for existing employee parking lot F. Prepare design specifications G. Prepare cost estimates 2 of 4 H. Submit design documents to City Planning for review and comments I. Respond to review comments from City Planning and resubmit J. Submit design documents to Airports for review and comments K. Design review meeting L. Incorporate review comments IV. Provide Bidding Services – 30 consecutive calendar days from notice to proceed for this phase A. Prepare bid document plans, specifications, and cost estimate and submit to Airports B. Attend pre-bid meeting C. Prepare responses to contractor Requests for Information (RFIs) D. Prepare addendum documents as required E. Assist Airports to review bids as required V. Provide Construction Support Services – Duration determined by construction schedule A. Attend preconstruction meeting B. Assist Airports with uploading PRDs into SMARTS C. Prepare conform construction plans and specifications D. Construction site visits E. Respond to Contractor RFIs F. Respond to Contractor submittals VI. Prepare Record Drawings and Engineer’s Report – 30 consecutive calendar days from receipt of redline plan sets. A. Obtain Inspector and contractor redline plan sets B. Prepare record drawings C. Obtain progress pay reports, CCOs, and other documents D. Prepare Engineer’s Project Report Services Outside of Scope Services not included under our scope of work, but that may be provided upon request, include the following: 1. Analysis or studies outside those already performed 2. Preparation of bid documents outside that of the technical specifications 3. Acquisition of building permits 4. Attendance at public meetings beyond those described above 5. Design services related to the relocation of franchise utilities 6. Construction staking 3 of 4 7. Daily construction inspection and testing 8. Payment of fees Professional Services Fee Blair, Church & Flynn proposes to provide engineering services for a lump sum amount as detailed below: Prepare Base Mapping $3,150 Geotechnical Report $2,380 Prepare 60% Design Documents $38,130 Prepare Bid Documents $19,580 Reconfigure Existing Parking Lot to Long Term $9,980 Provide Bidding Services $3,780 Provide Construction Support Services $5,380 Prepare Record Drawings and Engineer’s Report $5,200 TOTAL PROFESSIONAL SERVICES FEE $87,580 4 of 4 Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and Blair, Church & Flynn Consulting Engineers (“CONSULTANT”) Relocation of the Employee Parking Lot at Fresno Yosemite International Airport PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and FYI-S 16.1 /03-24-14 Page 1 of 4 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and FYI-S 16.1 /03-24-14 Page 2 of 4 related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years FYI-S 16.1 /03-24-14 Page 3 of 4 after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. FYI-S 16.1 /03-24-14 Page 4 of 4 Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Relocation of the Employee Parking Lot at Fresno Yosemite International Airport PROJECT TITLE YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (name) (company) (address) Additional page(s) attached. (city state zip) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxEAST DAKOTANORTH PIERCE AVE.NORTHPEACHEAST AIRWAYS BLVD.NORTH CHESTNUTEAST SHIELDSAIR CARGORAMPLEYTEEAST AIRWAYS BLVD.WALKER WAYNORTH CLOVISCASSINOMUNDASALERNOBOYINGTON DR.EAST AIRCORP DRIVEWESTOVER AVENUEDRIVENORTH AIR-FRESNONORTHFINE AVE.NORTH ASHLEYEAST SIMPSONNORTH GROVE INDUSTRIAL DRIVENORTH WINERYNORTH CLOVISEAST CLINTON WAYEAST McKINLEY AVENUENORTHPEACHEAST McKINLEY AVENUEXMPHMPH1010MPHMPH1515MPHMPH10101515MPHMPH10101010MPHMPH1515MPHMPHMPH1515MPHMPHMPHONLYTAXISONLYTAXISONLYTAXIS151010MPHMPHMPHMPH15FF ELEV. 323.00STORM DRAINAGEBASINONLYONLYBUSESBUSESBUSESONLYx 7C(SPECIAL U S E O N L Y)(MILITARY USE ONLY)BBBB2B3B2CC4AB3B3B4 B5B6B6 B6 B7B81234CC10A5BBB10B10B116B12CC128B14B1211 L 29R11 R 29LASR-11Employee Parking Lot ProjectPROJECTSITEProject Limits City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-346 Agenda Date:9/11/2014 Agenda #:1-G REPORT TO THE CITY COUNCIL September 11, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:KARANA HATTERSLEY-DRAYTON, M.A., Historic Preservation Project Manager Development and Resource Management Department SUBJECT Actions pertaining to the South Van Ness Industrial District Historic Survey 1.* RESOLUTION - 18th Amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Survey (Requires 5 affirmative votes) 2.Authorize the Director of the Development and Resource Management Department to accept a Certified Local Government Grant for $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Historic Survey and authorize the Director and her designee(s) to execute all related agreements and payment requests RECOMMENDATION Staff recommends that City Council take the following actions: 1.Adopt the resolution of the Council of the City of Fresno adopting the 18th Amendment to the AAR No.2014-95 appropriating $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Survey. 2.Authorize the Director of the Development and Resource Management Department to accept a Certified Local Government Grant for $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Historic Survey and authorize the Director and her designee(s) to execute all related agreements and payment requests. EXECUTIVE SUMMARY In its 2014 final report,the City’s Business Friendly Fresno Task Force recommended that intensive historic property surveys,for neighborhoods not previously surveyed,would help facilitate future investment and streamline environmental review.City staff identified the South Van Ness Industrial City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-346 Agenda Date:9/11/2014 Agenda #:1-G investment and streamline environmental review.City staff identified the South Van Ness Industrial Revitalization Project Area,with its mix of commercial and residential properties,as a good candidate for a potential Certified Local Government (CLG)matching grant through the State Office of Historic Preservation.The Development and Resource Management Department included a $60,000 line item for this parcel-by-parcel survey in the Department’s approved 2015 budget.Department staff prepared a CLG grant application and the City was recently notified that it is one of five cities in the State to receive an award for the 2014-2015 grant cycle.The City’s Finance Department has prepared an AAR (No.2014-95)to incorporate the $40,000 grant into the budget of the Development and Resource Management Department. BACKGROUND Nine plan areas are located within the (former)Redevelopment Agency’s Merger No.1 Redevelopment Project.Of these nine areas,all but one,the South Van Ness Industrial Revitalization Project Area,was included in full or part within the 304 parcel Downtown Fresno (Fulton Corridor) Historic Resources Survey.The South Van Ness Industrial District encompasses 593 acres south of State Route 41 and east of State Route 99.The District includes the southern-most section of Fresno’s historic Armenian Town.Further south the neighborhood is a mix of commercial buildings which reflect the area’s former (and current)history of fruit packing and general industrial uses.The area is a focus of the City’s economic revitalization with both vacant lots and existing older buildings. The City-established “Business Friendly Fresno Task Force”recommended that any new development or adaptive reuse of buildings will proceed more expediently if property owners are aware of the historic status of a parcel,prior to project development.One recommendation of the Task Force was to have the City prepare historic surveys of areas not previously recorded. In spring of 2014 Department staff prepared a grant application to the California State Office of Historic Preservation (OHP)for Phase 1 of the project area,thus a historic survey of the 207.6 acres north of California Avenue,which includes approximately 306 parcels.The OHP is required by federal law to pass through at least 10%of its annual Federal Historic Preservation Fund (HPF) allocation to Certified Local Government (CLG)for Historic Preservation Fund-eligible activities.The CLG grant program is based on a match of both actual dollars and in-kind services from the applicant.The $60,000 line item in the Department budget was leveraged with the $40,000 grant as well as staff and volunteer time for a total estimated budget of $103,186. The project timeline begins October 1,2014 and the project must be completed by September 30, 2015. ENVIRONMENTAL FINDINGS This is not a “project”for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(4) as it is a government fiscal activity,and section 15378(b)(5)as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local preference was not considered because this does not include a bid or award of a construction or services contract. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-346 Agenda Date:9/11/2014 Agenda #:1-G FISCAL IMPACT A $60,000 match for the project was previously approved as part of the Development and Resource Management Department’s 2015 FY budget. Attachments: 1. “National Historic Preservation Act of 1966 Historical Resources Preservation Project Agreement” 2. 18th Amendment to the AAR. City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ 2014 CALIFORNIA HISTORIC PRESERVATION FUND CITY OF FRESNO NOTICE TO PROCEED TO SEPTEMBER 30, 2015 P14AF00134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Continued on Page--1a-- Attached 36 Total costs supported by Federal grant funds under the National Historic Preservation Act of 1966: 37 Forty- thousand dollars and no cents ($40,000.00). 38 Minimum contributions of the Participant to match Federal grant funds under the National Historic Preservation 39 Act of 1966: Twenty-six housand Six hundred and sixty-seven dollars and no cents . ($26,667.00). STATE DEPARTMENT OF PARKS AND RECREATION CITY OF FRESNO STATE HISTORIC PRESERVATION OFFICER DPR 831 (8/89)(Excel 8/23/1999) State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATIONHISTORICAL RESOURCES PRESERVATION PROJECT AGREEMENT NATIONAL HISTORIC PRESERVATION ACT OF 1966 SUBGRANT PROGRAM PARTICIPANT PROJECT PERIOD PROJECT NUMBER PROJECT SCOPE PROJECT FUNDING AGENCY BY TITLE DATE PARTICIPANT BY TITLE DATE The City of Fresno, hereafter the Participant, will contract with a consultant meeting the Secretary of the Interior’s Professional Qualifications for historian or architectural historian as set forth in 36 CFR part 61, Appendix A, to prepare an intensive levelhistoric resource survey of the South Van Ness Industrial Revitalization Project Area. The area encompasses 593 acres and includes the southern-most section of the old Armenian Town, remnant residential buildings mixed in with industrial sites and vacant parcels. The area has never been the subject of a historic resources survey. Because of the large size of the area, the survey is phased and this project is Phase I and will include 207.6 acres north of California Avenue which includes approximately 306 parcels. All work shall be performed and deliverables produced in accordance with Secretary of the Interior’s Standards for Preservation Planning, Identification, Evaluation and Registration when such standards are applicable, the National Register Bulletin #24 - Guidelines for Local Surveys: A Basis for Preservation Planning, and the Office of Historic Preservation’s instructions. PROGRESS REPORTS: Participant shall submit to the State Office of Historic Preservation (OHP) regular progress reports, in accordance with the following schedule. A work plan will be developed and the deliverables to be included with each progress report will be determined in consultation with the OHP coordinator, the chosen consultant, and the CLG grant manager at the beginning of the grant period and the agreed upon work plan will become part of the contract. Progress reports will include any deliverables specified in the work plan, detail the work accomplished to date, and identify and discuss any problems or issues which have the potential to adversely affect the scope or progress of the project. OHP may ask for additional progress reports or drafts of work papers during the project period. OHP reserves the right to withhold disbursement of up to half the grant amount until the final products have been determined to meet the Secretary of the Interior’s Standards. Participant may submit billings for partial payment as the work progresses. - 1 - Date Adopted: Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 18th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $40,000 FROM THE CALIFORNIA STATE OFFICE OF HISTORIC PRESERVATION FOR THE SOUTH VAN NESS INDUSTRIAL DISTRICT SURVEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT General Fund $ 40,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Revenues: Account: 33401 State-Grant $ 40,000 Fund: 10101 Org Unit: 400950 Total Revenues $ 40,000 Appropriations: Account: 53402 Specialized Service /Tech $ 40,000 Fund: 10101 Org Unit: 400950 Total Appropriations $ 40,000 - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. THAT the purpose is to appropriate $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Survey. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-357 Agenda Date:9/11/2014 Agenda #: REPORT TO THE CITY COUNCIL September 11, 2014 FROM:BRUCE RUDD, City Manager SUBJECT Approve the appointment of Michael Lima as City Controller RECOMMENDATION The City Manager requests that the City Council approve the appointment of Mr.Michael Lima as City Controller. EXECUTIVE SUMMARY The City Manager has selected Mr.Michael Lima to be Fresno’s next City Controller/Finance Director,after completing a thorough national recruitment.Charter Section 705(c)states that the City Council must approve the Controller once he/she is selected by the Chief Administrative Officer.Mr. Lima’s resume is attached for your review. BACKGROUND The City Manager’s Office requested that Personnel Director Jeffrey Cardell conduct an extensive national recruitment for City Controller.The responsiveness was much improved from the prior recruitment effort conducted by Management Partners.The City received 23 applications of which 7 met the minimum qualifications for the position.The candidate list was further assessed with the four most qualified selected to interview with a panel of three external industry experts.The panel’s recommendation was forwarded to the City Manager’s Office for final selection. Mr.Michael Lima,currently the Finance Manager for the Fresno Yosemite International Airport,rose to the top in this challenging recruitment.The City Manager selected Mr.Lima to be the City Controller based on the following: ·Mr.Lima’s professional credentials and strong municipal financial experience make him a worthy candidate for this position. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-357 Agenda Date:9/11/2014 Agenda #: ·He has experience working under a “strong mayor”form of government with a seven-member City council. ·He has a strong financial background,with 25 years of government finance experience.In addition to his financial and budgetary experience he has served as an adjunct Professor of Governmental Accounting at National University. ·His educational background includes a Master’s in Business Administration,as well as a Bachelor of Science in Business Administration with an emphasis in Accountancy.Both Degrees were earned at California State University, Fresno. Under Section 705(c)of the City’s Charter,the Chief Administrative Officer appoints the Controller and the City Council approves the appointment.The City Manager respectfully requests the approval of Mr. Michael Lima’s appointment for this position. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT N/A Attachments:Michael Lima’s Cover Letter & Resume City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ MICHAEL LIMA Education: Master of Business Administration, August 1994, California State University-Fresno Emphasis in Finance Bachelor of Science, May 1989, California State University-Fresno Major: Business Administration - Accountancy Work Experience: Management Analyst III (Airports Finance Manager), City of Fresno – Airports Department, 2002-present - Supervised six Airports Finance staff members and one Airports Information Technology staff member. - Annually prepared Airports operating, debt service, and capital budgets averaging approximately $40 million. - Lead staff member on both Airports’ $22 million bond issuance for new rental car facility in 2007 and $33.5 million refinancing of terminal concourse bonds in 2013. - Supervised and prepared Airports financial statements within City of Fresno’s CAFR. - Worked with staff in various governmental agencies, including Federal Aviation Administration, State of California Controller’s Office, City of Fresno, and the Fresno Redevelopment Agency. Adjunct Professor, National University, 2000-2001 - Taught Governmental Accounting. Senior Budget Analyst, City of Fresno, 1998-2002 - Analyzed and made recommendations on annual operating budgets (and, where applicable, debt service and capital budgets) for Development, Administrative Services, Police, Airports, and Transit Departments. - Member of management labor negotiation team for negotiations sessions with several bargaining groups, including those with the Firefighters’ Union and Transit Drivers’ Union. - Supervised a Budget Analyst. Budget Analyst, City of Fresno, 1994-1998 - Analyzed and made recommendations on annual operating budgets (and, where applicable, debt service and capital budgets) for Parks, City Attorney, Fire, Information Services, and Administrative Services Departments. - Prepared City-wide Cost Allocation Plan. Senior Accountant, Fresno County Auditor-Controller/Treasurer-Tax Collector, 1993-1994 - Supervised County Budget Unit and County Fixed Asset Unit. - Member of the Fresno County Financial System Replacement Committee. Accountant, Fresno County Auditor-Controller/Treasurer-Tax Collector, 1989-1993 - Supervised County Health Care Accounting Unit. - Prepared financial statements and operating budgets for several funds. - Participated in several internal audits of government agencies. - Worked with staff in State Department of Health Services on various State funded health programs. Michael Lima Resume Page 2 Boards: Mendota Designated Local Authority, 2012-present - Appointed by Governor Edmund G. Brown, Jr. to the Mendota Designated Local Authority, the Successor Agency to the Mendota Redevelopment Agency, in July 2012. - Tasked with closing the affairs of the Mendota Redevelopment Agency, including authorizing bond payments and other policy actions Oversight Board to the Successor Agency to the City of Fresno’s Redevelopment Agency, 2014- present - Appointed by Mayor Ashley Swearengin in February, 2014. - Tasked with reviewing and confirming/denying the actions taken by the Successor Agency’s Board, as they close the affairs of the City of Fresno’s Redevelopment Agency. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-370 Agenda Date:9/11/2014 Agenda #: REPORT TO THE CITY COUNCIL September 11, 2014 FROM:JEFF CARDELL, Director Personnel Services Department BY:KEN PHILLIPS, Labor Relations Manager Personnel Services Department SUBJECT *1.Adopt a Memorandum of Understanding (MOU) between the City of Fresno (City) and the Fresno Police Officers Association (FPOA) - Unit 4 (Police Non-management), covering the period September 11, 2014 through June 30, 2017 *2.Adopt a Memorandum of Understanding (MOU) between the City and FPOA - Unit 9 (Police Management), covering the period September 11, 2014 through June 30, 2017 *3.Adopt a Side Letter of Agreement between the City and FPOA, Unit 4 and Unit 9 regarding a study of FMC provisions regarding Fire and Police retirement benefits RECOMMENDATIONS It is recommended that Council approve the attached MOU to implement changes in wages,hours and other terms and conditions of employment for City employees in Unit 4 (Police Non- management),and Unit 9 (Police Management)both represented by FPOA.It is also recommended that Council approve a Side Letter of Agreement with both Units to study FMC provisions regarding Fire and Police retirement benefits and revising the performance evaluation form. EXECUTIVE SUMMARY MOU’s between the City and FPOA are scheduled to expire on June 30,2015.The City and the Association have met to explore the possibility of new Agreements to replace the existing MOU’s. The parties reached a tentative agreement which was ratified by FPOA members on September 3, 2014. The term of the new agreements is September 11,2014 through June 30,2017.Major provisions include delaying a 2%increase by six months from January 1,2015 to July 1,2015;a 2%wage increase December 31,2016;a decrease in the City share of health and welfare monthly premiums from 80%to 75%,with the City and employees sharing 50%future increases,with a cap of 30%on the employee share;increased employee payments for pension costs,with new employees paying City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-370 Agenda Date:9/11/2014 Agenda #: the employee share;increased employee payments for pension costs,with new employees paying 12%and current employees paying 10%;an end to the Wellness Program;a decrease in both vacation and sick leave accruals by one-half hour each month;and,a cap on the amount of sick leave a new employee can claim for the Health Reimbursement Arrangement,limiting the amount to no more than the amount available when an employee entered DROP. Council is being asked to approve the MOU’s as well as a Side Letter of Agreement which provides for a City/Association study of the feasibility of allowing members of the City of Fresno Fire and Police Retirement System to buy back a portion of retirement after dissolution of a marriage or legal separation and to revise the employee evaluation form for employees in the units. BACKGROUND MOU’s between the City and FPOA expire on June 30,2015.The City and the Association have met to explore the possibility of new Agreements to replace the existing MOU’s.The parties reached tentative agreements on new MOU’s,which,if approved by Council,will include the following significant provisions: Ø Term: September 11, 2014 through June 30, 2017. Ø Wages: o 2%wage increase July 1,2015 (delayed from January 1,2015).The bottom of the Deputy Police Range will be placed at 30% below the top of the range. o 2% wage increase December 31, 2016. Ø Health & Welfare: o City share of monthly premiums to be reduced from 80% to 75%. o Future increases to be shared, 50% by the employee, 50% by the City. o Employee share to be capped at 30%, City would pay 70%. o Reopener if any other unit negotiates move favorable benefits. Ø Pension: City payments towards employee share to end. o Basic: §New employees to pay 12% towards pension costs. §Existing employees in Tier 2 to pay 10% towards pension costs. §Existing employees in Tier 1 to pay additional 1% towards pension costs. o Management: §New employees to pay 12% towards pension costs. §Existing employees in Tier 2 to pay 9% towards pension costs. o Work towards change in FMC to allow for increased employee share of pension costs. Ø HRA:New employees who enter DROP are limited to HRA cash out of sick leave which is no greater than the amount of sick leave available when the employee entered DROP. Ø Bilingual Pay: Employees receiving the premium must be recertified every five years. Ø Provisions specific to the Basic Unit: o Sergeants assigned as Training Officer Coordinator to receive premium of $275 per month. o At the Police Chief’s discretion,Training Officers assigned to different shifts may receive incentive pay from $100 to $200 per month depending on the assignment. o Starting in FY 16,the maximum amount for overtime costs for Guaranteed Leave will increase by $12.500 per semester to a total of $125,000 in FY 16 and $150,000 in FY City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-370 Agenda Date:9/11/2014 Agenda #: 17. o The rate of pay for Special Events will be raised from 1.5 times B step to 1.5 times C step. Ø Provisions specific to the FPOA Management Unit:Employees who promoted to the Management Unit will be promoted to a step not less than 3.5%above compensation at the lower classification to include all premium pays or 15%above top step Sergeant,whichever is greater. It is recommended that Council approve the new MOU’s which would replace existing Agreements and the attached Side Letter of Agreement on study of pension items and revision of employee performance evaluation forms. The City Attorney’s Office has approved the new MOU’s as to form. ENVIRONMENTAL FINDINGS Not applicable. LOCAL PREFERENCE Not applicable. FISCAL IMPACT Over the course of the Agreement,the City will save approximately $7.1 million versus the amount Budget has forecast for the same period of time.Compared to budget forecasts,in FY 15 the savings are approximately $2.3 million,$2.7 million in FY 16,and $2.1 million in FY 17.A spreadsheet outlining the savings and costs for the new Agreements is attached Approval of the Agreements also averts a long and potentially costly negotiation process on the existing agreements.The savings generated by the Agreements advances the goals of restoring City services and creating a viable General Fund reserve. Attachments:FPOA Basic MOU, Redline Version FPOA Basic MOU, Final FPOA Management MOU, Redline Version FPOA Management MOU, Final Side Letter of Agreement Estimate of Agreement Cost/Savings City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ BETWEEN AND FOR THE CITY OF FRESNO AND FRESNO POLICE OFFICERS ASSOCIATION (Non-SuPervisory Police'U nit 4) September 11, 2014 - June 30, 2017 -\) ! .-: l' tsrc) --E; c.n f: .IJ TTI L.¡m :- (-)(-) rrì:¡i"fl T, =\) =rrl rrlcft uz.OO N)!l Lc) TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION PAGE Chapter 1. PREAMBLE '..,.'..'.'11.1 PURPOSE ............,......1 1.2 DEFIN¡TIONS.,.......... ,.............,,...1 1.3 GOVERNING LAWS. .................-.,1 Chapter 2. EMPLOYEE RIGHTS "-......"..22.1 GENERAL - EMPLOYEE R|GHTS.............. ...................2 2.2 EMPLOYEE RESPONSIBILIT]ES ..,..,...,....,..2 2.3 NONDISCRIM|NAT|ON.............. .."....-.-.........2 Chapter 3. CITY RIGHTS -...'..'4 3.1 GENERAL ............,.......4 3.2 SPECIFIC ..................-.4 Chapter 4. RECOGNITION ..'."......'"-....".6 4.1 ASSOCIATION RECOGNITION .,....,..,..........6 4.2 RECOGNITION OF UNIT DESCR|PT|ON........... .,.........6 4.3 CITY RECOGNITION .......... .-.......6 4.4 RECOGNITION OF MUTUAL OBLIGATION ........,,..,....,7 4.5 STRIKES .........."..........7 4.6 UN¡LATERAL ACTION .............,...7 Chapter 5. SCOPE OF REPRESENTAT|ON............,. ^..-..........'85.1 GENERAL .....,............,.8 5.2 REPRESENTATION ......,..............8 Ghapter 6. DUES DEDUCTION ......."'.....9 6.1 DUES CHECKOFF.............. ...,,....9 6.2 DUES DEDUCTION CHECK ......10 6.3 ASSOCIATION BUSINESS........^ ................10 Chapter 7. COMPENSATION AND BENEFITS ........".. -'.....',...12 7.1 GENERAL .................-12 7.2 SALARIES AND PENSION CONTRIBUTION ..............12 .01 Salaries ..-"'.'...12 .02 Pension Contribution............... ....-.....12 .03 DROP Participants and Retirees.... ......'.....'....'..14 .04 Retirement Calculation ..'..16 7.3 OVERTIME AND COMPENSATORY TIME OFF (CTO) ...............17 7.4 PREMIUM P4Y,,,..,.... ..........,......18 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page i TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION PAGE .01 Police Specialist. .....,...,....18 .02 Specialized Assignments.....,..,.... ,....19 .03 TrainingOfficer/SpecialisUTOCoordinator ......,..........20 .04 Bomb Squad ,..,.....,....,.....21 .05 Life lnsurance ........,. ........21 .06 Special Duty Pay (Training Unit)........ .....,........21 .07 Night Shift .......21 .08 Motorcycle Duty Hazard Pay......, .,....22 .09 Bilingual Certification Program ...,,.....22 .10 Education lncentive Plan (ElP) .........23 .11 P.O.S.T. Certificate Pay........... ..-...,,.24 7.5 FRESNO CITY EMPLOYEES' HEALTH AND WELFARE TRUST........,.,25 7.6 SERVTCE UNIFORM ALLOWANCE............ .....,,....26 7.7 WORKERS' COMPENSATION .......,..,..26 7.8 COURT APPEARANCES .....27 7.9 TAKE-HOME VEHICLES .............. ........29 7 .10 WELLNESS PROGRAM DEVELOPMENT COMM ITTEE .........,.....,...,....29 7.11 T|ME CHANGE ..............,.....30 7.12 LEAVES ..............30 .01 Sick Leave ................,30 .02 Retirement Attendance/Health lncentive .....30 .03 Health Reimbursement Arrangement (HRA)....... ..........32 .04 Family Sick Leave .,....34 .05 Vacation Leave ..........34 .06 Holiday Leave ............35 .07 Family Events .,..........37 .08 Guaranteed Leave .....37 .09 Vacation Leave Bidding ........,.....39 .10 Requests for Leave of Absences..,.,......,... .,........,..,.....39 7.13 HOURS AND WORK SCHEDULES, MATRIX ASSIGNMENTS, DUTY OFFICE, NON.MINIMUM STAFFING, POLICE RESOURCE OPTIMIZATION SYSTEM, AND ABSENT WITH SUBSTITUTE AND PROXIMITY DETA|L.... ...,.............40 .01 Hours and Work Schedules ........40 .02 PatrolWork Schedule/Matrix.......... .............41 .03 Patrol Schedule Exploratory Committee ,.....43 .04 Duty Otfice .................43 .05 Non-Minimum Staffing-Flexing of Hours ,.....44 .06 Staff Wizard/Corona Solutions.. .............,.....45 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page ii TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION Chapter 8. Chapter 9. PAGE Absent with Substitute (AWS). ...... ... . . ......46 Proximity Detail .........47 7.14 ASSIGNMENTS,COVERAGE & HOURS - EXCEPTIONAL PROVISIONS 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 .01 Patrol Matrix (Supervision).............. .............48 .02 Special Units - Flexing of Hours and Days Off...........,.......,..........49 .03 Traffic Bureau ............50 .04 Canine Unit.......... ......52 FILLING SPECIAL ASSIGNMENTS....... ................53 DURATION OF ASSIGNMENT - SPECIAL UNITS ONLY ...,..58 CAREER DEVELOPMENT PROGRAM ...-.............59 sENtoRtTY.............. ............59 FEDERAL DRUG POLICY (Federal Omnibus Transportation Employee Testing Act).......... ................62 GENERAL TESTING GUIDELINES FOR EMPLOYEES NOT COVERED BY THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ........,63 ADMINISTRATION OF PERSONNEL ACTIONS .,..................64 DISCIPLINARY PROCEDURES .....,.....64 tN LIEU OF SUSPENSTON .,...............,.65 USE OF A HEARING OFFICER IN DISCIPLINARY ACTION INTT|ATED BY CITY .............65 ADMIN¡STRATIVE HEARING PROCEDURE............ .............65 GR|EVANCES....,....... ..........66 .01 Grievance Procedure .....,.......,....66 .02 lnformal Process.... .....................67 .03 Formal Process.... ......67 .04 Formal Filing Procedure .............67 POLICING SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVTCES ..........72 8.1 GENERAL ............,.....72 8.2 PROCEDURES......... ...,.............72 8.3 COMPENSAT|ON..,... ..,..............74 HEAD!NGS.....,........ ........,....76 .07 .08 48 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page iii TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION PAGE Chapter 10. SAVING CLAUSE/FULL UNDERSTANDING.,. ......77 10.1 SAVING CLAUSE... .......,............77 10.2 FULL UNDERSTANDING..... ...,..77 Chapter 11. TERMINATION.. ........'.""..'..78 EXHIBITS I SALARIES-Non-Supervisory Police-Unit 4 ...'.81 ll EIP Master Listlll Agreement on Application of Section 7 .14.03 (5) and Section 7.18.03 (2) lV Police Chief - Premium PaysV Retirement and Performance Evaluation Side Letter Vl Performance Evaluation Vll Agreement between City of Fresno and Employee Organizations Representing City of Fresno Employees dated February 24,2009 LEGEND Officer(s) = member(s) where applicable *** =oldlanguagedeleted [$ deleted] = section/subsection deleted [SS deleted] = two or more sectio ns/subsections d eleted bold type = new language Fresno Police Officers Association, Basic Unit MOU 9/1 1t14 - 6130117 Page iv 1.1 CHAPTER 1 PREAMBLE PURPOSE This Memorandum of Understanding, hereinafter MOU, entered into between the City of Fresno, hereinafter referred to as the City, and the Fresno Police Officers Association, hereinafter referred to as the Association, has as its purpose: to establish wages, hours and other terms and conditions of employment for members of this Unit. * * * Upon approval by the city, other than the modifications set forth herein, the parties agree that until this MOU terminates on * * * June 30, 2017. All economic benefits currently afforded to affected members shall remain intact without modification unless othen¡vise agreed to in writing by the parties. [$ deleted] DEFINITIONS Unless the particular provision or the context othen¡vise requires, and, except to the extent that a pafticular word or phrase is othenruise specifically defined in this MOU, the definitions and provisions contained in Article 3 of Chapter 1, Sections 3-101 , 3-201, 3-301, and 3-603 of the Fresno Municipal Code, (hereinafter FMC), shall govern the construction, meaning, and application of words and phrases used herein. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase * * * or from which it is a derivative * * *. GOVERNING LAWS The employer-ernployee relationship between the City and its employees and the City and the Association is governed by Chapter 10 of Division 4 of Title I of the Government Code (Section 3500 et seq., commonly known as the Meyers-Milias- Brown Act), applicable provisions of the Public Employment Relations Board (PERB), the Public Safety Officers Procedural Bill of Rights Act (POBOR), as may be amended from time to time, and Article 6 of Chapter 3 of the FMC. ln the event of any conflict between said laws and this MOU, or in the event of conflicts in interpretation, said laws shall govern. 1.2 1.3 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 1 2.1 CHAPTER 2 EMPLOYEE R¡GHTS GENERAL . EMPLOYEE RIGHTS Except as othenruise provided in this MOU, the rights of employees include those set forth in FMC Section 3-604, and said section presently reads as follows: "Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment. Ernptoyees shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employees shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee or an employee organization because of his exercise of any of these rights. No management employee or confidential employee shall act as a representative of any employee organization which represents employees other than management employees or confidential employees." EMPLOYEE RESPONSIBILITI ES All employees in the Non-supervisory Police Unit, hereinafter Unit, acknowledge that the City shall consider the positions and proposals of the Association as the meet and confer positions and proposals of all employees, individually and collectively, in said Unit. NONDISCRIMINATION The provisions of this MOU shall apply equally to and be exercised by all members of the Unit consistent with state and federal nondiscrimination statutes. 2.3.01 A member seeking to utilize the grievance procedure, claiming a violation of Section 2.3, shall make an election of remedies between arbitration, and any other remedy available at law, through local, state, or federal law. The election of remedy shall take place at the step in the grievance procedure leading to final and binding arbitration. 2.2 2.3 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 2 2.3.02 When a member seeks to go to arbitration claiming a violation of Section 2.3, the member, the City, and the Association shall enter into an agreement which provides that in exchange for the member's commitment to voluntarily determine the matter through arbitration, the member agrees to waive the member's right to pursue any other remedy otherwise available through local, state, or federal law. Said agreement shall comply with all statutory and judicial requirements, and contain a provision that the member has been advised of the member's right to consult an attorney andior local, state, or federal anti-discrimination agency regarding the member's discrimination claim and that the member's consent to the agreement is voluntary and knowing. Fresno Police Officers Association, Basic Unít MOU 9/11t14 - 6t30t17 Page 3 CHAPTER 3 CITY RIGHTS 3.1 GENERAL Except as othenruise provided in this MOU, the rights of the City include those rights enumerated in FMC Section 3-605, as the same may be amended from time to tirne. 3.2 SPECIFIC 3.2.01 The exclusive rights of the City include, but are not limited to, the right to: (1) determine the missions of its constituent departments, divisions, commissions, and boards; (2) set standards of service and municipal fees and charges; (3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion ; (4) direct its employees; (5) take disciplinary action; (6) relieve its employees from duty because of lack of work or for other legitimate reasons; (7) maintain the efficiency of governmental operations; (8) determine the methods, means, and personnel by which government operations are to be conducted; (9) determine the content of job classifications; (10) take all necessary actions to carry out its mission; (11) exercise complete control and discretion over its organization and technology of performing its work." 3.2.02 The rights of the City include the determination of staffing levels, including but not limited to, staffing by shift and class. Minimum staffing Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 4 levels, by shift, area, and day of the week, shall be established by appropriate departmental order. 3.2.03 All other rights formerly or presently enjoyed by or vested in the City on the effective date of this MOU and not mentioned in Section 3.2.01 are retained by and reserved to the City. 3.2.04 Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. 3.2.05 This MOU is not intended to restrict consultation in good faith with the Association regarding matters within the right of the City to determine. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 5 4.1 CHAPTER 4 RECOGNITION ASSOCIATION RECOG N ITION The City acknowledges the Association as the recognized employee organization representing the Unit, and shall meet and confer in good faith promptly upon request by the Association and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1) week prior to the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. ln order that the meet and confer process includes adequate time for full consideration of the proposals of both parties and for the resolution of impasse, the City shall accept meet and confer process proposals from the Association as early as * * * February I , 2017 and will be prepared to commence the actual meet and confer process no later than * * * March 1, 2017. RECOGNITION OF UNIT DESCRIPTION The Non-Supervisory Police Unit consists of all employees holding a permanent position, as defined in FMC Section 3-202 (pX4), in one of the following classes (hereinafter collectively referred to as member unless othenruise specified), as such Unit may be modified from time to time pursuant to the provisions of the FMC: Police Officer Recruit Police Officer Police Specialist Police Sergeant CITY RECOGNITION The Association recognizes the City Manager of the City, or such other person as may be designated in writing, as the designated representative of the City pursuant to FMC Section 3-615, and shall meet and confer in good faith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1)week prior to the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. 4.2 4.3 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 6 4.4 RECOGNITION OF MUTUAL OBLIGATION The Association and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in, this MOU. 4.5 STRIKES No unlawful strikes of any kind shall be caused or sanctioned by the Association during the term of this MOU. 4.6 UNILATERAL ACTION ln the event the meet and confer process for a successor MOU results in an impasse, as defined in the FMC, the City shall not take unilateral action regarding wages, hours, and other terms and conditions of employment prior to the completion of the impasse procedures, including, but not limited to, mediation and fact finding as outlined in the FMC. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page 7 5.1 CHAPTER 5 SCOPE OF REPRESENTATION GENERAL "Scope of representation" means all matters relating to employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. Employee rights, as set forth in FMC Section 3-604, and City rights as set forth in FMC Section 3-605, are excluded from the scope of representation. The Association is the exclusive representative of all employees holding a permanent position (includes probationary employees) within those classes in the Unit, as defined in FMC 3-202 (p) (4). REPRESENTATION The City will not interfere with, or discriminate in any way against, any employee by reason of his or her membership in the Association. The Association agrees to represent Unit members in a manner consistent with the requirements of the Meyers-Milias-Brown Act, POBOR, and applicable state and federal regulations. 5.2 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page B 6.1 CHAPTER 6 DUES DEDUGTION DUES CHECKOFF Rules governing dues check-off are set forth in the FMC Section 3-620. 6.1.01 The Association member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When a member is in a non-pay status for an entire pay period, no dues deduction shall be made from the future earnings to cover that pay period, nor will the member be required to deposit the amount which would have been deducted if the member had been in a pay status during the pay period. ln the case of a member who is in a non-pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. 6.1.02 The City shall deduct the dues or benefit premiums, or both, upon proper authorization by Association members in the Unit. 6.1.03 lf a member in the Unit desires the City to deduct dues or benefit premiums from the member's paycheck, a deduction authorization shall be made upon a Dues Deduction Authorization ead. 6.1.04 A Dues Deduction Authorization eard may be revoked by a member in the Unit, and the dues or benefit deduction canceled, only during the months of November and December of any year. 6.1.05 lf a member in the Unit desires to revoke prior dues deduction authorizatioñ * * *, a dues deduction revocation shall be made upon a Dues Deduction Revocation * * *request. 6.1.06 Upon written authorization by a retired member of the Association, the City shall deduct credit union payments and Association dues monthly from the retirement check of such retired member and forward same to the credit union or Association as designated in such authorization. 6.1.07 Dues Deduction Authorization and Revocation cards are available at the Finance Department, Payroll Section, and Operations Division of the Personnel Services Department Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page 9 6.2 DUES DEDUCTION CHECK 6.2.01 The dues deduction check covering all such deductions shall be transmitted to the Fresno Police Officers Association. 6.2.02 The dues deduction check shall be made in favor of the Fresno Police Officers Association. 6.2.03 A dues deduction check will be transmitted at least monthly. ASSOCIATION BUSINESS 6.3.01 Association members shall have their monthly vacation leave accrual levels (denoted in Section 7.12.O5(1), vacation leave), reduced by .583333 hours per month, which shall be placed in a time bank and administered by the department for Association business use. Members designated by the Association may, with the approval of the department, attend to direct Association business, including such activities as attendance at Association membership and Board meetings, PORAC and other similar conferences, and direct involvement in charitable Association activities. Time banked under this provision may also be designated by the Association to cover members who AWS for designated Association members who are attending to Association business. The department is not required to grant time off for Association ::tl""tt if it will require filling the position on an overtime basis. 6.3.02 The Association President and First Vice President may use the time banked under this provision for Association business to a maxirnum of 40 hours per week each. ln the event the President or First Vice President of the Association is required by the FPOA Board to commit additional time beyond 40 hours per week to pedorm his/her duties as President, heishe shall be permitted to draw additional hours up to an amount not to exceed 40 hours per calendar month each. Any Association leave hours utilized by the President or First Vice President in excess of 40 hours per week shall be transferred to the President's or First Vice President's compensatory or holiday time bank. ln the event of an emergency requiring significant extraordinary deployment of department personnel, the Association President and/or First Vice President may be required to return to regular duty for a period not to exceed thirty (30) consecutive days. An Association President and/or First Vice President who leaves office shall be returned to the previously held assignment, or other assignment as mutually agreed to by the Ghief of Police and the returning member. 6.3 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 10 6.3.03 Any time spent by the Associatíon President, First Vice President and by members designated by the Association to be on such business, shall be deducted from the Association's time banked balance. lt is further agreed by the parties that once accrued vacation leave is donated to the Association, the City no longer has any obligation to compensate, either in cash or in equivalent time off, such members. Fresno Police Officers Association, Basic Unit MOU 9i11114 - 6130117 Page 1 1 7.1 7.2 CHAPTER 7 COMPENSATION AND BENEFITS GENERAL All economic benefits, provided by Council ordinance or forrnal Council resolution and not othenruise clearly and explicitly modified or restricted in this MOU, shall be continued without alteration during the term of this MOU. SALARIES AND PENSION CONTRIBUTION 7.2.01 Salaries ISS deletedl Effective July 1, 2014, salaries shall be those reflected on Exhibit l, Table l. Effective * * * July 1, 2015, salaries for the classes of Police Officers, Specialists, Sergeants and Police Officer Recruits shall be increased by two percent (2o/o) " * * as reflected on Exhibitl,Table***ll. Effective December 31, 2016, salaries for the classes of Police Officers, Specialists, Sergeants and Police Officer Recruits shall be increased by two percent (2o/ol, as reflected on Exhibit l, Table lll. 7.2.02 ** * Pension Contribution * ** [$$ deleted] (1)Effective September 22, 2014, the one percent (1%l contribution paid by the City of the employee's required retirement contribution shall be discontinued. On the same date, the existing one percent (1%) supplemental payment for an employee in DROP shall be discontinued. Employees in Tier 2 hired on or after September 11, 2014, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by a corresponding amount. ln accordance with (1) (2) (3) (21 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page 12 (3) lnternal Revenue Code Section 414(h[2l and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee's accumulated contribution account nor will it be deposited into a member's Deferred Retirement Option Program ("DROP") account. This provision will terminate on impfementation of Section 7.2.02 (4) below. Effective September 22, 2014, employees in Tier 1, and employees in Tier 2 who were hired before September 11, 2014, including those employees in DROP, shall make an additional contribution equal to one percent (1%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by a corresponding amount. ln accordance with lnternal Revenue Code Section 414(hX2) and related guidance, the Gity shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the one percent (1%) contribution in cash. The one percent (1%) contribution paid by the employee will not be credited to an employee's accumulated contribution account nor will it be deposited into a member's Deferred Retirement Option Program ("DROP") account. This provision will terminate on implementation of Section 7.2.02 (4) below. With the support of the Association, the City will make effortsto amend the Municipal Code to allow the additional contribution amounts above in Section 7.2.02 (2) and 7.2.02 (3) to become part of the Member Normal Contribution Rate. When the Municipal Code is so amended, the City and the Association agree that, on the first pay period following the date the new FMC provision goes into effect, all of the following will apply: (a) The Member Normal Contribution Rate for members of Tier 2 in the Fire and Police Retirement System hired on or after September 11,2014, shall be twelve percent (12%1. (4) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130t17 Page 13 (b) Active members in Tier 2 who were hired before September 1'i., 2014, shall have their Normal Gontribution Rate increased from nine percent (9%) to ten percent (10%). (c) Members of Tier I in the Fire and Police Retirement System shall have their Member Normal Contribution Rate increased by an additional one percent (1%) which will be added to their existing Entry Age Normal Contribution Rate effective with the change in the FMC in accordance with this Section. (d) Members who entered DROP prior to March 7, 2011 are not required to make Member Normal Contributions in accordance with the provisions in the Fresno Municipal Gode. (e) Members who enter DROP on or after March 7' 2011 are required to make Member Normal Contributions as per Section7.2.02 (4) (a) through (c), and their Member Normal Contributions shall continue to be deposited into the member's DROP account. (5) Employees who separate City employment regardless of reason and withdraw their employee contributions from the Fire and Police Retirement System between September 22, 2014, and the effective date of a Fresno Municipal Gode amendment pursuant to the provisions in Section 7.2-02 (41 will have an amount refunded by the City equal to the additional amount contributed in accordance with Sections 7.2.02 (2)or Section 7.2.02 (3) above. 7.2.03 DROP Participants and Retirees [$$ deleted] (1) RetiremenUDROP - lt is the intent of this Section 7.2-03to hold members harmless from any negative impact from the following deferred salary increases. Therefore, the deferred salary increases listed in this subsection (1) below shall be included, if appropriate, in any retirement benefit or DROP calcutations pursuant to the applicable FMG sections for members who separate from City service by service retirement or by disability retirement, or enter DROP. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page 14 (2t Effective January 1, 2011, One percent (1%) Effective July I ,2011Two percent(2o/o) Effective January 1,2012, One percent (1%) With respect to Section 7.2.03 (l), members who retire or enter DROP and are credited with the January 1,2011, July l, 2011 and January 1, 2012 deferred salary increases in their retirement benefit or DROP calculation shall not be entitled to also add the July 1,2014 and July 1,20'|-5, salary increases set forth in Section 7.2.01to their retirement benefit or DROP calculation. DROP Participants and Retirees fTier_ 1) Adjustments effective January 1,2011, July 1,2011 and January 1,2012to the monthly amount deposited for DROP participants and monthly retirement benefit allowances for retirees shall include all deferred salary increases from Section 7.2.03 (1) and be calculated pursuant to FMC Sections 3-301 and 3-302. DROP Participants and Retirees (Tier 1) who are credited with the January 1,2011, July 1,2011 and January 1,2012, deferred salary increases as adjustments to their monthly deposited allowances for DROP and monthly retirement allowances, shall not be entitled to also add the July I ,2014 and July 1,2015, salary increases set forth in Section 7.2.01 as adjustments to their monthly DROP and retirement allowances. ISS deletedl (5) * * * ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recent full calendar year decrease below the CPI percentage for the full calendat yeat immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decreases in excess of the members'/retirees' cost of living banks shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years. (6) (Tier I ) - An actuarial study will be conducted on amending FMC Sections 3-302 (g) and 3-301 (a) (9) for Tier 1 members. Upon completion of the actuarial study, there will be a limited reopener of the MOU to negotiate solely on amending those provisions with (3) (4) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 15 respect to retirement calculatÍons. The cost of the actuarial study will be shared equally by the City and the Association. (7) Tier 1 DROP participants and Tier 1 retirees were previously granted a total of four percent þ%l in cost of Iiving increases based on the salary deferral language in the previous MOU only; deferrals included a one percent deferred pay increase in January 1, 2011, a two percent in July 1,2011, and a one percent in January 1,2012. On July 1, 2014, active employees received a two percent (2o/ol salary increase which offset two percent (2o/ol of the four percent (4%) deferred salary increases that were credited previously as cost of living increases. The remaining two percent (2o/ol deÍerred cost of living increase for Tier 1 DROP participants and retirees will be offset by the July 1, 2015 salary increase in Section 7.2.0U11of this MOU. The cost of living calculation for Fiscal Year 2017 (711115 - 6/30/16) for Tier I DROP participants and Tier 1 retirees will include the December 31, 2016 salary increase in Section 7.2.01(3) ¡n the calculation in accordance with the normal calculations of cost of living calculations. 7.2.04 RETIREMENT CALCULATION Effective July 1 ,2O11, a Tier 1 member who is demoted for economic or reorganization purposes and who separates from City Service by service retirement or disability retirement without entering into DROP shall have their retirement benefit calculated using the member's highest average monthly compensation earnable by the member during any thirty-six (36) consecutive month period of service instead of the average monthly compensation earnable by the member during the last three (3) years of employment with the City of Fresno Police Department. 7.2.05 Employees hired into classes which have step increases will move from Step "4" to Step "8" on the anniversary date which is twelve (12) calendar months from the date the employee was permanently appointed to the current class. 7.2.06 Upon successful completion of one (1) year of service as a Police Officer Recruit, Recruits shall be appointed as a Police Officer using the rules applicable to flexible staffing, and shall be on probation for six (6) months as a Police Officer. All other Police Officer hires shall serue a one (1) year probationary period. Fresno Police Officers Association, Basic Unit MOU 9/1 1t14 - 6t30t17 Page 1ô 7.3 7.2.07 A Police Officer and/or Police Specialist assigned to be an Acting Sergeant under the provisions of FMC Section 3-260 or appointed to a provisional Sergeant position under the provisions of FMC Section 3-258, shall be paid for such assignment at whatever step is closest to, but not less than, the Officer's regular base salary plus the Training Officer premium pay. ln no case shall an Officer be paid at a rate higher than the highest Step for Sergeant. Acting or provisional Sergeants * * * will not receive * * * Training Officer (TO) premium pay. 7.2.08 * * " When a Police Officer or Police Specialist ís promoted to Police Sergeant, the promoted Officer shall be placed in Step D of the new salary range, or the step which provides at least three and one-half percent (3y2o/o) above base pay, whichever is greater. Officers promoted to Sergeant on or after November 1, 2007, and prior to July 1 , 2009, will retroactively be placed at Step D, however, will maintain their current anniversary date for step advancement. ovERTTME AND COMPENSATORY TrME OFF (CTO) 7.3.01 The work day for members shall be eight (8) or ten (10) consecutive hours (or the designated twelve (12) hour work shift for Proximity Detail). Pursuant to Section 7(k) of the FLSA, the City has established a twenty- eight (28) day work period for law enforcement personnel. However, except as may be othen¡vise provided in this MOU, any time worked in excess of the eight (8), ten (10) or a twelve (12) hour day, or in excess of the fofty (40) hour work week (or the designated thirty [30] hour/fifty [50] hour work schedule for Canine Officers and Officers assigned to patrol matrix and * " * Tactical units or the designated thirty-six (36), forty (40) or fofty-four $\ hour work schedule for Officers assigned to Proximity Detail), including mandatory training whether as a studenVinstructor, shall be compensated as overtime. 7.3.02 When a member is in transit outside the City to attend training, the travel time will be compensated at the member's base/straight time rate of pay. 7.3.03 Overtime, whether in cash or CTO, shall be at one and one-half (1 %l times the base rate of pay. 7.3.04 Members on vacation leave may be permitted to work overtime by notifying the department of theÍr desire to work, 7.3.05 Call back shall be paid at a minimum of three (3) hours at the rate of time and one-half (1 %).Any time worked prior to the beginning of a shift Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 17 7.4 or immediately following a shift shall not be considered as call back and shall be compensated at the applicable hourly rate. 7.3.06 Contact with a member by tefephone, at any time other than during the member's regular shift, for the purpose of obtaining additional information or clarifying work performed, shall be compensated at the applicable hourly rate, to the nearest 1/1Oth of an hour, but in no event shall the member be paid for such phone contact of less than six (6) minutes. 7.3.07 A member who has worked more than eight (8) hours or ten (10) hours on any one work day shall not be involuntarily required to adjust a subsequent shift or work day in that same work week to avoid the payment of overtime. The department is under no obligation to grant CTO or vacation on the subsequent day. 7.3.08 Members may elect to accrue CTO in lieu of cash payment for overtime hours worked. CTO is accumulated at the applicable straighVbase time, time and one-half, or double time rate for the time worked. CTO is to be used for time off, and is subject to approval in the same manner as vacation. ln the event the department is unable to approve a CTO time off request, the department shall compensate the member in cash at the applicable straighVbase time rate of pay for the amount of CTO time off the member requested but was not approved. (1) Members may accrue a CTO balance not to exceed 120 hours, except as otherwise provided herein. Members who have reached the maximum accrual (120 hours) shall be given cash payment for additional overtime hours worked until such balance has been reduced below the maximum allowable amount (120 hours). (2) Members may request payment for any CTO leave balance. (3) The parties will continue to meet and confer concerning the manner in which CTO can be used. However, there shall be no change to this subsection without mutual agreement of the parties. PREMIUM PAY Premium pays provided in Sections 7.4.02,7.4.03 and * * * 7.4.06, shall not be stacked. Monthly rates of premium pay will be paid on a biweekly basis. 7.4.01 Police Specialist - Any Officer assigned as a Police Specialist prior to May 31, 1988 shall remain a Police Specialist thereafter during that Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 18 Officer's career, until the Officer retires, resigns, voluntarily demotes, ís promoted, or is involuntarily removed. 7.4.02 Specialized Assiqnments - Employees occupying the Police Officer class, the terminal class of Police Specialist, and Police Sergeant in assignments which require specialized tactical equipment and/or specialized tactical training, and flexing of work hours without notice, as determined solely by the Chief of Police or designee, shall receive premium pay of $275 per month above the member's base rate of pay. The Chief of Police or designee shall provide in writing to the Association* * * a list of units that receive premium pay. Units created that receive premium pay will continue to receive premium pay until the unit is eliminated through reorganization or agreement in a successor MOU. The list will be attached to the MOU and be updated as units are created or eliminated. (1) Employees occupying the Police Officer class or Police Sergeant class assigned to Skywatch who receive and maintain a Commercial Pilot License issued by the Federal Aviation Administration shall receive premium pay of $500 per month above the employee's base rate of. (2) Employees occupying the Police Officer class or Police Sergeant class assigned to Skywatch who receive and maintain certificationas a Flight lnstructor issued by the Federal Aviation Administration shall receive premium pay of $750 per month above the employee's base rate of pay. (3)Employees occupying the Police Officer class and who are assigned the duties of a Chief Police Pilot in Skywatch Unit shall receive a premium pay of twenty and one half percent (20.5%) above the Officer's base rate of pay. While assigned the duties of a Chief Police Pilot, a Police Officer will not be entitled to receive the $500 and $750 premiums under subsections (1) and (2), above. This premium is compensable for retirement purposes. Any Officer assigned to the Unit to perform the duties of a Chief Police Pilot shall retain permanent status as a Police Officer. The above premium pay received by an Officer assigned to the Skywatch Unit will be terminated upon transfer out of the Unít. (4) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6t30t17 Page 19 (5) Any Officer who subsequently wishes to be removed from the Skywatch Unit while performing the duties of a Chief Police Pilot shall not be allowed to laterally transfer to another supervisory position or to a different special unit until meeting all standard procedures set forth in Section 7.15 of this MOU. (6) Any Officer assigned to the Skywatch Unit to perform the duties of a Chief Police Pilot remains subject to all the terms and conditions of this MOU, except as stated above. 7.4.03 * * * Traininq Officer/SpecialisUTO Coordinator - Members occupying the classes of Police Officer and Police Specialist assigned " * * full-time * * * Training Officer (TO) Coordinator functions will receive $500 per month in addition to their base rate of pay while assigned any department member to train. Police Sergeants assigned as Training Officer Coordinator shall receive special duty pay of two hundred seventy five dollars ($275) per month. This premium pay is * * * prorated for each full work day they are assigned to train any department member. This premium pay is compensable for retirement purposes. Members occupying the classes of Police Officer and Police Specialist assigned as a TO are not responsible for TO functions when not assigned a department member to train. The department should strive to maintain no less than thirty (30) qualified Training Officers, and shall conduct a Training Officer test as needed to maintain a minimum level. The test will consist of a written exam and an oral interview. Officers and Specialists taking the written exam will complete a panel interview consisting of one patrol Sergeant, one special unit Sergeant, and the TO coordinator. The oral interview will be rated on a pass/fail basis. All Police Officers and Police Specialists who successfully pass the written exam and oral interview shall be deemed qualified as a Training Officer and can train non-sworn department members. Qualified Police Officers and Police Specialists shall successfully complete a P.O.S.T. certified Training Officer Course before they can train sworn Officers. The department will maintain a list of qualified Training Officers. Training Officers will sign up in the patrol matrix by department seniority for shift and detail assignments. However, the department may offer Training Officers additional incentive pay to encourage senior Training Officers to work Watch ll and lll. This incentive pay is stackable with other incentive pays and is pensionable. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6130117 Page 20 At the Police Ghief's discretion, Training Officers with Watch I seniority can receive one hundred dollars ($1OO¡ per month TO incentive pay for Watch ll, or two hundred dollars ($ZOO¡ per month TO incentive pay for Watch lll. Training Officers with Watch ll seniority can receive one hundred fifty dollars ($1SO¡ per month TO incentive pay for Watch lll. 7.4.04 Bomb Squad - Members who are members of the Bomb Squad shall receive double their regular straight time rate for that time spent (from call to completion) in dealing with explosives. Said double time shall be the total cornpensation for such time spent, whether on regular duty time or when called from off duty. 7.4.05 Life lnsurance - The City will provide $250,000 in lífe insurance/death benefit coverage to members assigned to bomb squad, helicopter pilot, airplane pilot, or helicopter observer duties. 7.4.06 Special Dutv Pav (Traininq Unitl - Members occupying the classes of Sergeant, Police Officer, and Police Specialist assigned full{ime to the Police Training Unit will receive special duty pay of $275 per month in addition to their base rate of pay * * *. Special duty pay is compensable for retirement purposes. Sergeants and Police Officers assigned to the Traíning Unit receiving special pay may be assigned flexible hours of work to meet the needs of the department with forty-eight (48) hours notice. Adjustments pursuant to this section may last no longer than seven (7) consecutive calendar days, nor occur more than once during any thirty (30) day period. The intent of special duty pay is to maintain parity at the same rate as specialized assignment pay as lndicated in 7.4.02. 7.4.07 Niqht Shift - Officers not on probation and any Sergeants who are regularly assigned/scheduled to work a "night shift" between the hours of 5:00 p.m. and 8:00 a.m., shall receive night shift premium pay in addition to their base rate of pay. lf one-half (%) or more of an Officer not on probation and Sergeants regularly scheduled shift hours fall between the hours of 5:00 p.m. and midnight, the night shift premium pay will be $160 per month. lf one-haff (yr) or more of an Officer not on probation and Sergeants regularly scheduled shift hours fall between the hours of midnight and 8:00 a.m., the night shift premium pay will be $240 per month. This premium pay shall not apply to members receiving premium pay pursuant to Sections 7.4.02 , 7.4.02(1), * * * 7.4.02(2), and 7.4.02(3) above. This premium is compensable for retirement purposes. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 21 7.4.08 Motorcvcle Dutv Hazard Pav: Members assigned to the Traffic Bureau whose primary duties involve the riding of a police motorcycle during the course of their employment shall receive a monthly motorcycle duty hazard pay added to their base salary in the amount of fi275 per month. This shall be over and above any other premium pay received and shall be compensable for retirement purposes. 7.4.09 Bilinqual Certification Proqram - The bilingual certification program consists of a City administered examination process whereby members may apply for a bilingual examination, and íf certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable under the first or second tier City Fire and Police Retirement System. (1) A Bilinguaf certification examination will be conducted in December of each year. During the examination noticing period, exarnination applications will be available at the Personnel Services Department, Operations Division and City department personnel units. ln order to qualify for the December examination, the application must be received by the Personnel Seruices Department during the month of November, but no later than the last regular business day of November. Bilingual examination application deadlines are not appealable or grievable. (2) Employees must be recertified every five (5) years. For current bilingual employees, the number of initial recertifications may be staggered. No change will be made to the employee's ability to receive the bilingual premium unless the employee fails recertification testing. The City will work to schedule recertification exams at times that are convenient to the employees; however, two refusals to attend recertification will be considered a failure to recertify. (3) Bilingual certification examinations are conducted for Cambodian, Hmong, Laotian, Sign, Spanish, Armenian and Vietnamese languages. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 22 (4) The bilingual premium pay rate for certified permanent members is one-hundred dollars ($tOO¡ per month, regardless of how many languages for which a member is certified. Certified members may interpret/translate for departments/ divisions they are not assigned to, provided the requesting departmenUdivision has a demonstrated customer service related need, and has obtained approval from the certified membefs superuisor. Certified members shall not refuse to interpreVtranslate while on paid status. Refusal shall result in appropriate disciplinary action. Certified members may be assigned to any incident or investigation requiring their bilingual skills and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possíble. Except in the event of an emergency, bilingual members who are not certified shall not be required to interpreVtranslate. 7.4.10 Education lncentive Plan (ElP) - EIP will continue to apply solely to those members listed on MOU Exhibit ll, which may be amended from time to time as a result of promotion, retirement, resignation or termination, provided the member meets the existing eligibility requirements enumerated below. (1) EIP Premium Pav for Deqrees Awarded: Bachelors - each member who has been awarded a Bachelors degree, in a field approved by the Chief of Police or designee and the Chief Administrative Officer, from an accredited institution of higher learning shall be paid three percent (3%) above the member's base rate of pay. Masters or Doctorate - each member who has been awarded a Masters or Doctorate degree, in a field approved by the Chief of Police or designee and the Chief Administrative Officer, from an accredited institution of higher learning shall be paid five percent (5%) above the member's base rate of pay. (2) EIP Premium Pav for Deqrees Alreadv Held: To receive pay for degrees already held, a member listed on MOU Exhibit ll must enroll in an accredited college or university, Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 23 and satisfactorily complete an additional 12 semester units in accordance with the requirements detailed below. After completion of these requirements, the amount of EIP premium pay for the applicable degree already held shall be permanent (i,e., hard-coded), and be added to the member's regular paycheck in accordance with subsection 7.4.10 (1) above. Eligible members who satisfactorily complete three (3) semester units of graduate or undergraduate level courses per semester from an accredited college or university, in a field approved by the Chief of Police or designee, shall be paid an additional two percent (2%) above the member's base rate of pay. Courses to which the City sends a member on City time, and/or at City expense, shall not qualify nor shall classes taken on "pass-fail", life experience, or non-alphabetic grading system qualify, unless expressly approved prior to commencement of the course. Compensation shall be in a fump sum at completion of the semester's course work. A member shall be considered to have satisfactorily completed a course upon receipt of a "C" grade for each unit completed prior to receipt of a Bachelors degree, and at least a "8" grade for each unit completed after receipt of a Bachelors degree, Upon verification of satisfactory completion of courses taken, a member shall be eligible to receive the amount indicated in this Subsection 7.4.10 (2) tor a period equivalent to one (1 ) semester. A semester shall be considered to be four (4) calendar months or eight consecutive biweekly pay periods. Any member who is receiving an educatíon bonus pursuant to the previously existing MOU effective July 1,1984, shall not have that bonus reduced as a result of pafticipatíon in the EIP provided by this MOU. Any premium pay for further attendance at school, as provided herein, shall be in addition to any bonus pay already received. Any EIP premium pay applied for degrees held pursuant to Subsections 7.04,09(1) and 7.04.09 (2) above shall be in lieu of any education bonus pay previously received. 7.4.'11 P.O.S.T. Certificate Pav - All compensation earned by a member pursuant to this Section, 7.4.11, shall be in addition to any other incentive and/or premium pays received and shall be compensable for retirement purposes. [$$ deleted] (3) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 24 (1) Members who have satisfactorily attained the intermediate P.O.S.T. Certificate shall be compensated at a rate of four percent (4%) above the member's base rate of pay. (21 Members who have satisfactorily attaíned the advanced P.O.S.T. Certificate shall be compensated at a rate of eight percent (8%) above the member's base rate of pay. 7.5 FRESNO CITY EMPLOYEES' HEALTH AND WELFARE TRUST The City and the Association agree that the Fresno City Employees Health and Welfare Trust has the sole authority to determine the benefits that will be provided during the term of this MOU. The sole responsibility of the City under this clause is to provide a set dollar amount to be contributed to the Trust on behalf of the members represented by the Association. * * * Effective October 1, 2014, the Gity's contribution will be seventy-fivepercent (75%l of the employee's health and welfare premium. Subsequently, the cost of any increase in the health and welfare premium will be shared equally between the Gity and the employee, with fifty percent (50%) to be paid by the Gity and fifty percent (50%) to be paid by the employee, except that employees will be required to pay no more thanthirty percent (30%) of the premium established by the Fresno City Employees Health & Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70%1. Members may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU with terms imposed resulting in a greater contribution by the City, upon the Association's written request, the City will match that benefit. The parties also agree to work collectively in conjunction with their Board representatives to research and recommend potential cost-saving measures for the Health & Welfare Trust, which may include a choice of health program options based on individual need or preference, including a reduced option equivalent to the City's premium contribution, a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employees who require prescription drug therapy for any period of 90 days or more; or other measures that may be identified as this work progresses. Fresno Políce Officers Associatíon, Basic Unit MOU 9/1 1t14 - 6t30t17 Page 25 7.6 [$$ deletedJ SERVICE UNIFORM ALLOWANCE 7.6.01 *** Members shall receive * * * a total of $1,200 as a service uniform purchase and maintenance allowance, prorated and paid in semiannual installments on the last pay date in December and June. The service uniform allowance provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for a member. " " * [SS deleted] 7.6.02 Members assigned to Motorcycle duty shall be provided, at city expense, the safety equipment described in Government Code Section 50081.1 (i.e., boots, riding breeches, leather jacket, leather gloves, safety helmet, and protective glasses). WORKERS' COMPENSATION 7.7.01 Notwithstanding the provisions of FMC Section 3-118, a member of this Unit who suffers an injury or illness in the course and scope of City employment on or after January 1, 2010 shall become entifled, regardless of his or her period of service with the City, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments as provided by California Labor Code Section 4850. The remaining provisions of FMC Section 3-118 shall apply. Employees on "light duty" as a result of an injury or illness suffered in the course and scope of employment shall receive their regular salary during the period of light duty. ISS deleted] 7.7.02 lf a member is placed on sick leave, vacation, cro or holiday pending determination as to whether the injury or illness is industrial, and the injury is determined to be industrial, sick leave, vacation, CTO or holiday will be restored within thirty (30) calendar days of such determination, and the member placed on injury leave as provided herein. 7.7.03 Retirement benefits shall not be reduced as a result of a member receiving Workers' Compensation benefits. 7.7.04 Taxes shall not be withheld on compensation due to injury in the line of duty. 7.7 Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 26 7.8 7.7.05 lf a member is on leave pursuant to an accepted industrial injury, that member shall continue to accrue sick leave, vacation leave, holiday leave, and be afforded all health and welfare benefits that would have been received had the member not been injured. COURT APPEARANCES Notwithstanding the provisions of FMC Section 3-1 17, the following rules shall apply to court appearances. Members qualifying under Subsection 7.8.01 below are not eligible for qualifying under Subsection 7.8.02 below, and members qualifying under Subsection 7.8.02 below are not eligible for qualifying under Subsection 7.8.01. 7.8.01 lf a member receives a departmental notice or subpoena requiring a court appearance on the member's regularly scheduled day off, or on a vacation, or on a day off on CTO, or on a day off on holiday, which has been approved prior to notice and/or the member's receipt of a departmental notice or subpoena, and the member has not been released by the Court Liaison Office (CLO) by 0900 hours on the day of the court appearance from such departmental notice or subpoena vis-a- vis an electronic notification system, the member shall be considered to be on court appearance standby duty, and has the option of compensation under either Subsection 7.8.01(1) or 7.8.01(2) below. Compensation for members on "automatic go" appearance shall occur solely under Subsection 7.8.01(3) below. (1) Premium pay for court appearance standby duty, as described above, shall be $36 per day. Time spent on court appearance standby duty (i.e., at home) shall not be considered hours worked, and premium pay for court appearance standby duty shall not be included in the calculation of a member's base rate of pay under the Fair Labor Standards Act. ln the event a member, who is on court appearance standby dutyat home, appears in court, the member shall also be compensated for a minimum of two (2) hours at one and one-half times (1 %) the member's base rate of pay, or at one and one-half times (1 %) the member's base rate of pay for the actual time of the appearance, whichever is greater. This compensable time starts from the time the member reports to court at the directed appearance time through completion of the appearance. (2) Report to and standby at the CLO, and be compensated for a minimum of two (2) hours at one and one-half times (1 %) times Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 27 the member's base rate of pay. lf the member is not required to appear in court, the depaÍment may require the member to perform assigned duties during this two (2) hour minimum period. Members shall be released from CLO standby duty when the subpoena or notice is cancelled, or they are released by the court. lf a member's CLO standby duty extends beyond the two (2) hour minimum, or the member appears in court beyond the two (2) hour minimum, the member shall be compensated at one and one-half times (1 %) the member's base rate of pay for the actual time beyond the two (2) hour minimum. (3) Members on "automatic go" court appearance shall be compensated for a minimum of three (3) hours at one and one- half times (1 %) the member's base rate of pay, or at one and one-half times (1 %) the member's base rate of pay for the actual time of the mandatory appearance, whíchever is greater. This compensable time starts from the time the member reports to court at the directed "automatic go" appearance time through completion of the appearance. 7.8.02 lf a member receives a departmental notice or subpoena requiring a court appearance on a regular day of work which falls outside of assigned work hours, the member shall have the option of: (1) standing by at home, when legally permitted; or, (2) appearing at the CLO, with a minimum of two (2) hours pay, at one and one-half (1 %) times the rate of pay. During this two (2) hour period, if the member is not required to appear in court, the member may, at the option of the departrnent, be required to perform duties as assigned. (3) lf the court appearance starts within one-half (%) hour immediately following a shift, the member shall receive a one (1) hour minimum. lf the court appearance falls during the shift and continues beyond the end of the shift, the member shall be paid at the applicable hourly rate for the actual time spent in court. 7.8.03 Where a member's appearance extends beyond the two (2) hour minimum, the member shall be paid one and one-half times (1 %) the member's base rate of pay for the actual time of the appearance. 7.8.04 The provisions of Subsections 7,8.01 and 7.8.O2 supra, shall also applyto members required to appear in any judicial or administrative Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 28 proceed¡ng as a witness pursuant to subpoena, court order, or request of the District Attorney. This provision shall apply to all judicial proceedings (civil, criminal, or administrative) and Civil Service proceedings in which a member's presence is ordered, directed, or requested because of his or her employment as a Police Officer. 7.8.05 The department and Association will continue to meet as needed to resolve concerns involving CLO program processes and applications. 7.8.06 ln the event a member is off on a regular day of work as a result of AWS, and is required to make a court appearance, the member shall be compensated for court time in accordance with Section 7.8 for a member required to make a court appearance on a regular day of work, Conversely, in the event a member is substituting as a result of AWS on a regularly scheduled day offlvacation/holiday/CTO, the substituting member shall be compensated in accordance with compensation afforded under Section 7.8 for a member required to make a court appearance on his or her scheduled day off. 7.9 TAKE-HOME VEHICLES 7.9.01 Except as is othen¡vise specifically determined in this MOU, the Chief of Police, shall have the authority to determine which members shall be assigned take-home vehicles. For security purposes, all paperwork in connectíon with said vehicle assignments shall remain in the office of the Chief of Police, or designee within the department, except basic identifying information (not to include home addresses or telephone numbers). 7.9.02 Members who are assigned vehicles for "take-home" purposes may drive their assigned vehicles to their residences within fifteen (15) miles of any point in the city limits for the City of Fresno. The Chief of Police may allow members who reside more than fifteen (15) miles to have take-home vehicles, at his sole discretion. Othenruise, members who reside more than fifteen (15) miles from the city limits must leave their assigned vehicles at an approved City facility. 7.9.03 Unless inconsistent with this MOU, Administrative Order 8-8 shall apply with reference to the purpose and benefit of Cíty "take-home" vehicles. 7.10 WELLNESS PROGRAM DEVELOPMENT COMMITTEE Effective October 1, 2014, the Wellness Program will be discontinued; however, members that earned a wellness ¡ncentive during FY 14 will receive the incentive in FY 15. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 29 [$$ deleted] Effective July 1, 2009, the benefits provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for a member. 7.11 TIME CHANGE This is to clarify and confirm City processes when a time change occurs. Any member regularly scheduled to work, and who does work, an eight-hour or ten- hour shift during which a change from Pacific Standard Time to Pacific Day-light time, or vice versa, occurs, will be paid as follows: When such shift occurs in the spring, the member shall receive the full eight or ten hours pay. Any time worked in excess of the regular shift as scheduled shall be at the applicable overtime rate. When such shift occurs in the fall, the member shall receive the regular eight or ten hours pay. Overtime at the applicable rate shall only be paid for work which is performed immediately before the scheduled starting time and for work which is performed after the scheduled end of the shift. No overtirne, at any rate, shall be paid when the actual number of hours worked during such scheduled shift is nine or eleven hours because of the change from daylight savings to standard time. 7.12 LEAVES 7.12.01 Sick Leave: Members shall accrue sick leave at the rate of * * * seven and one half (7.5) hours, effective October 1, 2014, for each completed calendar month of employment, with unlimited accumulation. Except for Administrative Orders 2-19,2-19.1 and 2-20, Standing Order 2.4.13, the FMC, City Administrative Orders, policies, procedures, rules and regulations concerning sick leave usage and leave administration shall continue to apply. ln the event of any conflict, Standing Order 2.4.13 shall apply. 7.12.02 Retirernent Attendance lncentive at the Time of Election to Retire or Enter the Deferred Retirement Option Prosram (DROP) - A Tier 1 or Tier 2 employee who meets the criteria as outlined below, will receive only one of the following benefits based on whether or not the employee enters the DROP program before retiring from City employment. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 30 (1)Election into DROP Proqram - For a Tier 1 or Tier 2 employee who has reached the minimum retirement age and has elected to enter the DROP Program, the calculation of the member's monthly DROP amount shall include an amount equal to forty percent (40%) of the member's unused sick leave " * " as if it were a one{ime-payment at the hourly base rate of pay in effect for the member as of the DROP entry date. * * * The ember's pension contribution on this amount will be calculated as of the date of DROP entry by multiplying the lump sum described above in this subparagraph by the member's pension contribution rate, and that amount will be deducted from the member's DROP account. The City will also be required to make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Retirement Attendance lncentive. (a) Tier 2 Members Participatinq in DROP - For those members who entered the DROP program prior to July 1, 2006, the DROP account balance and monthly deposit amounts shall be recalculated to include an amount equal to forty percent (4O%) of the member's unused sick leave balance as of the member's DROP date " * * times his/her base rate of pay in effect at the date of entry into DROP. Election Not to Enter DROP - For a Tier 1 or Tier 2 member who has reached the minimum retirement age and who retires from the City for service or for disability without entering DROP, an amount equal to forty percent (4lo/o) of the member's unused sick leave balance " " " shall be included in the computation of the member's retirement allowance as if it were a one-time-payment at the hourly base rate of pay for the employee in effect at the date of retirement. " * " The member and the City will make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Retirement Attendance lncentive, The member's retirement contribution will be calculated as of the date of retirement by multiplying the lump sum described above in this subparagraph by the employee's pension contribution rate and the employee agrees to have this amount withheld from the employee's first retirement benefit payment from the Retirement System as the employee's retirement contribution for this additional amount of pensionable compensation. (2) Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 31 This provision shall not apply to members who retire prior to age 50 due to a disability or to former members that have separated from City service prior to reaching the minimum retirement age and have elected a Deferred Vested status in the City of Fresno Fire & Police Retirement System. Retirement Attendance/Health lncentive - At seruice retirement or at a disability retirement of a Tier 1 or Tier 2 member who is othen¡vise eligible for service retirement, and will be credited for unused sick leave in accordance with the provisions of Section 7.12.03 below. (4) Hourly base rate shall be the equivalent of the monthly salary for the employee as provided in Exhibit l, multiplied by twelve (12) months then divided by 2,080 hours. 7.12.03 Health Reimbursement Arranqement (HRA) The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in lnternal Revenue Service (lRS) Notice 2OO2-45 and other guidance published by the IRS regarding HRAs. The City agrees to maintain the HRA such that it will continue to qualify as a "health reimbursement arrangement" for the term of the MOU, At separation from permanent employment with the City of Fresno by service retirement or at disability retirement if the member is othen¡vise eligible for service retirement, the value of the member's accumulated sick leave shall be credited to an account for the employee under the HRA such "value" shall be determined as follows: . The number of accumulated sick leave hours in exeess ef 120 hours at the time of retirement multiplied by 5Oo/o of the member's then current hourly base rate of pay, [$ deleted] . * * " For employees hired before Septembe¡ 11,2014, and any employee who does not enter DROP, all accumulated sick leave hours multiplied by 50% of the employee's then current hourly base rate of pay at the time of retirement, except that an employee who retires within sixty (60) calendar days of receipt by the City of Fresno Fire & Police Retirement System of an application for disability retirement if otherwise eligible for a service retirement * * * by, or on behalf of the employee, or an (3) Fresno Police Officers Association, Basic Unit MOU 9/1 1t14 - 6t30t17 Page 32 appl¡cat¡on for serv¡ce retirement (not having submitted an application for disability retirement) shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay. . For employees in DROP hired on or after September 11,2014, accumulated sick leave hours multiplied by 50% of the employee's then current hourly base rate of pay at the time of retirement, except that the accumulated sick leave hours shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. . Employees in DROP hired on or after September 11, 2014, who retire within sixty (60) calendar days of receipt by the City of Fresno Fire & Police Retirement System of an application for disability retirement if otherwise eligible for a service retirement by, or on behalf of the employee, or an application for service retirement (not having submitted an application for disability retirement), shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay, except that the accumulated sick leave hours shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. . * * * The total number of all accumulated holiday leave hours at the time of separation for retirement purposes shall be paid at the member's then current hourly base rate of pay. . The hourly base rate of pay shall be the equivalent of the monthly salary for a member as reflected in Exhibit l, multiplied by twelve (12) months then divided by 2,080 hours. * * * At the Gity's option, HRA accounts " " * may be book accounts only. A book account means that no actual trust account shall be established for any member. Each HRA book account shall be credited on a monthly basís with a rate of earnings equal to the yield on the City's lnvestment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. lf the participant, the participant's spouse, and Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 33 the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect members shall not be allowed to cash out any accumulated or accrued sick leave at retirement. Upon each anniversary date of the MOU, the Association may amend the HRA provisions of this MOU to include a provisíon requiring all members of the Association to convert an agreed upon amount of accrued vacation leave to the HRA, 7.12.04 Familv Sick Leave: * " * Effective Octobe¡ 1,2014. members shall be allowed up to forty-* * * five (45) hours of accrued sick leave per fiscal year for Family Sick Leave. Family Sick Leave shall be used only for those purposes defined in the California Labor Code Section 233. Use of Family Sick Leave shall be authorized and recorded by a department head or designee. 7.12.05 Vacation Leave: (1)* * * Effective October 1,2014. members shall accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. (Pursuant to Section 6.3.01, each Officer's applicable accrual rate will be reduced monthly by .583333 hours for Association time bank purposes.) Members with less than 15 years of continuous employment are allowed to accrue 280 hours of vacation leave, and members with 15 years or more of continuous employment are allowed to accrue 360 hours of vacation leave. Years of Contlnuous Employment Effectlve 7.t1111 Less than 5 I 8.5 More than 5 but less than 10 9.667 9.167 More than 10 but less than 15 11 10.5 More than 15 but less than 20 12.334 11.834 More than 20 but less than 25 14.334 13.834 More than 25 but less than 30 15.667 15.167 More than 30 17.667 17-167 Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 34 (2) No member's vacation accumulation shall cease due to refusal by the City to grant vacation leave prior to the member reaching the vacatíon accrual cap applicable to the member's posítion and length of service, ln the event a member requests in writing vacation leave one month prior to the month in which the cap would be reached, and such request is refused, the Chief of Police or designee shall extend the member's accrual cap for ninety (90) days, during which time the member shall be scheduled for vacation leave sufficient to reduce the member's balance below the accrual cap. Request for extensions under this section may be denied if the member failed to sign up for and take his/her maximum accrued annual vacatíon leave during dates which were available for that purpose. (3) No membeds vacation accumulation shall cease due to inability to use vacation time while off on Workers' Compensation leave due to a work related injury or illness. A member on such leave must notify the Chief or designee in writing if this is likely to occur, and the Chief or designee will extend the member's vacation accrual cap until the member either returns to work, or separates from employment. 7.12.06 Holidav Leave: (1) Members shall accrue eight and two{hirds hours per month as holiday leave in lieu of the Holidays recognized in FMC Section 3- 1 16. January 1. The third Monday in January. The third Monday in February. The last Monday in May. July 4. The first Monday in September. November 11. Thanksgiving Day in November. The Friday after Thanksgiving Day in November. December 25. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30117 Page 35 (2) Employee's Birthday. Two Personal Business Days. Any day or part of a day declared by the Council, ordinance or resolution, to be a holiday. At separation, accumulated holiday leave shall be paid at the member's base rate of pay in accordance with Section 7.12.03, or cashed at separation if not eligible for participation in the Health Reimbursement Arrangement (HRA). [$$ deleted] * " * Holiday leave banks are * * * capped at 96 hours * * *. Members who are at the 96 hour cap will receive an automatic pay down of any hours exceeding the cap " * ". * * * On July 1 , 2011, all holiday leave balances in excess of 96 hours were " * * placed as a one-time deposit in a "special Holiday Leave Bank", which hours may be used as follows: Special Holidav Leave Bank (a) Approved leave; (b) Absent With Substitute (AWS) agreements transferred only to the substituting employee's regular holiday bank; (c) Voluntary cash-out of forty{hree (43) hours each FY beginning in FY1 4 * * *; and, (d) Voluntary cash-out of one-hundred (100) hours immediately prior to separation and prior to the employee filing retirement papen/vork, * * * Employees may not place any additional hours in the Special Holiday Leave Bank. At separation from City service, all remaining hours in the Special Holiday Leave Bank shall be credited to an HRA account for the employee if eligible for service retirement as set forth in Section 7.12.03, or cashed out at separation if not elígible to participate in the HRA. Cash-outs of Special Holiday Leave Bank hours are pensionable for Tier 2 members. (3) (4) Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 36 [$ deleted] Effective July 1 , 2012 through June 30, 2015, members may voluntarily request the departrnent to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours p¡ fiscal vear. Effective July 1 , 2015, members may voluntarily request the departrnent to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours æI month. (7) A Tier 2 member who has reached the minimum retirement age and elects to enter DROP or retire (not having entered DROP), shall have amounts equal to the member's unused holiday leave balance and Special Holiday Leave balance (at the DROP effective date or retirement date, not having entered DROP) multiplied by the member's current hourly base rate of pay included in the computation of the member's final average salary as if it were a one-time payment. Based on the additional pensionable compensation, the member and the City will make corresponding pension contríbutions to the retirement system. The employee agrees to have this pension contribution amount withheld from the employee's DROP account, if entering DROP, or from the employee's final paycheck (not having entered DROP.) 7.12.07 Familv Events: ln the event a member requests paid time off (vacation, CTO, or holiday time) not less than two weeks in advance to attend a major family or social event (wedding, birthday, etc.) and permission is granted to attend such event, the permission for time off shall not be cancelled, except in event of emergency. An emergency is defined as circumstances beyond the control of the City and not having been known 48 hours in advance of the circumstance creating the emergency. 7.12.08 Guaranteed Leave: (1) * * * Two times during each matrix semester period, personnel assigned to the patrol matrix may submit a request for guaranteed leave, which request will be honored, subject to the following conditions and procedures: (5) (6) Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 37 (2) No more than * * " eight (8) guaranteed leave requests will be honored for any single date. This limit applies city-wide, and for all shífts combined. Guaranteed leave requests may not be submitted for Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Thanksgiving Day, and the day after Thanksgiving, and July 4th. Requests must be submitted * * * no less than fifteen (15) calendar days before the date requested to be off, but no more than sixty (60) calendar days before the date requested to be off. Requests are to be submitted to the Duty Office, to be date and time stamped by Duty Office personnel when received. Requests will be honored on a first-come, first-served basis, to the above stated maximum of five. Guaranteed leaves may be taken using vacation time only. Guaranteed leaves may only be for one (1) work shift per request. Once submitted, guaranteed leave slots may not be transferred from one member to another. The Duty Offíce will be responsible for tracking members' usage of guaranteed leave requests. Once a member submits a guaranteed leave request, the member may cancel the time off, but the request will still count as one of their allowable requests during the matrix semester period, unless the member cancels thirty (30) calendar days prior to the requested date(s). * * * The department will establish a $100,000 fund for each remaining fiscal year of this MOU, for payment of overtime costs associated with the granting of guaranteed leave. The $100,000 shall be split into two equal portions for July 1't through December 31"t, and for January 1"t through June 30tn, for each fiscal year. Should overtime costs to backfill guaranteed leave not consume the $50,000 in any semester of a fiscal year, the excess will be carried over and added to the fund for the following semester, and consideration will be given to increasing the number of allowable requests during following semesters. Any such increases must be with mutual agreement of the department and Association. Should overtime costs to backfill guaranteed leave consume the $50,000 during a semester, or the $50,000 and any carry-overs (3) (4',) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 38 during any subsequent semester, guaranteed leave requests will not be accepted for the remainder of the affected semester. Effective July l, 2015, $12,500 will be added to each semester of the fiscal year budget totaling an additional $25,000, and bringing the overall guaranteed leave fund to $125,000. Effective July 1,2016, $12,500 will be added to each semester of the fiscal year budget totaling an additional $25,000, and bringing the overall guaranteed leave fund to $150,000. 7.12.09 Vacation Leave Biddinq: Simultaneously with the bidding for shift assignments in the Patrol Division, during the month of December for each fiscal year during the term of this MOU and at least fifteen (15) days prior to January 1 of each year, all covered members may bid to schedule vacation, according to date of hire as a Police Officer, or in the case of Sergeant, the date of promotion. A member may bid to schedule vacation in an amount equal to the maximum vacation leave time accrued by that member for the fiscal year. At the time of the bidding process, a member has the option to bid for a one time use of the maximum vacation leave time accrued or may choose to schedule two (2) separate vacation periods. lf a member chooses to schedule two (2) separate vacation periods, he/she may participate in a second bidding process to occur following the completion of the initial bidding, This second bidding process shall also be governed by seniority as stated above and be limited to the remaining vacation leave time accrued for that fiscal year. Said vacations shall be scheduled to be taken between February 1 immedíately following the bidding process and the next January 31st and may be scheduled to coincide with the member's regular days off. Should the member later decide to schedule vacation in an amount in excess of that accrued during that fiscal year, the decision to allow such additional vacation time shall be at the discretion of the department. 7.12.10 Requests for Leave of Absences: Requests for leave of absence should be submitted at least 24 hours in advance to increase the likelihood of being approved. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 39 7.13 HOURS AND WORK SCHEDULES, MATRIX ASSIGNMENTS, DUTY OFFICE, NON-MINIMUM STAFFING, POLICE RESOURCE OPTIMIZATION SYSTEM, ABSENT WITH SUBSTITUTE AND PROXIMITY DETAIL 7.13.01 Hours and Work Schedules: (1) All members will be assigned to an eight (8), ten (10), ortwelve (12) hour day as directed within this MOU. All shifts will include a paid thirty (30) minute meal break. lf a member is unable to take their meal break due to work load, the member may complete * " * an OTTO (Over Time, Time Off form) for thirty (30) minutes of straight time from the * * * Vacation Time account. Members rnust notify their supervisor for * * . OTTO approval if they are unable to take a meal break. lf a membeds meal break is interrupted due to work load, they may complete their meal break at a later time or complete * * * an OTTO with supervisor approval. Meal breaks may not be taken withÍn the first and last hour of a shift without supervisor approval. Unless specifically modified by the parties, a work week consists of four (4) ten-hour work days, completed beginning 0001 hours on Monday and ending on 2400 hours the following Sunday. Days off will be scheduled consecutively. The work day shall be ten (10) work hours unless specifically modified by the padies. Except as provided below for Task Forces, and as províded in Section 7.14.03 for Traffic Officers, uniformed personnel shall work a 1O-hour work day. Based on the needs of or significant benefit to the department, the Chief of Police may apply a "5/8" schedule to specified units outside of patrol matrix duties, either: With the concurrence of the affected personnel, or With thirty (30) days notice to affected personnel, on the condition that said affected personnel who wish to remain on a 4l1O schedule will be allowed to return to a patrol shift consistent with their seníority. ln addition, affected members may be considered, at management's discretion, for transfer to another special unit with a 4/10 schedule. (2) (3) (4) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 40 (5) Members who are assigned to training may be assigned on a 5/8 basis, to accommodate the training schedule. The department will make every effort not to schedule any member to training which will conclude immediately prior to the member's four or five-day work period. (6) The department has established a base work schedule for members assigned to * * * Tactical Units that consists of a work week of fíve (5) ten-hour days followed by a week of three (3) ten hour days or vice-versa, with a total of six (6) days off during the two work weeks. * * * Tactical Unit Officers and Sergeants will revert back to the 4110 work week, at the discretion of the department. The decision to discontinue this work schedule and revert back to the 4110 work week is not appealable or grievable. 7.13.02 Patrol Work Schedule/Matrix: (1) A 4l1O work week will be in effect for personnel assigned to day and swing shifts on patrol matrix duties, The base work schedule for members assigned to the midnight shift on patrol matrix duties will consist of a work week of five (5) ten-hour days followed by a week of three (3) ten hour days or vice-versa, with a total of six (6) days off during the two work weeks. This schedule may be cancelled by the City following sixty (60) days written notice to the Association, at which time members would revert to the 4/10 work week. The decision to discontinue this work schedule and revert back to hhe 4110 work week is not appealable or grievable. (2) Subject to meet and confer, the implementation of the base work schedule for members assigned to day and swing shifts on patrol matrix duties may be changed to the same work schedule of the midnight shift as set forth in Subsection (1) above. Once implemented, the schedule may be cancelled by the City as also set forth in Subsection (1), above. (3) Scheduling will consist of both fixed days on and off as well as rotation of days on and off. No member shall be scheduled to work for more than forty (a0) hours in any work week. (4) A minimum oÍ 20o/o of the available positions will be assigned to fixed days on and off, and all other positions will have rotating days on and off. Members with rotating days off will be scheduled for four days on and four days off for three weeks, followed by five days on and three days off, for four weeks, etc. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 41 (5) *** Patrol Matrix sign-ups*** are inthe monthof ** * December. Every 12 months, all work assignment positions in the patrol matrix shall be declared open for the purpose of bidding by Sergeants, Specialists, and Officers according to date of hire as a Police Officer, or in the case of Sergeant, the date of promotion, for the district preference, shift assignment, and days off and on. For the purpose of bidding, Sergeants will precede Officers/S pecia lists. (6) Any member who is absent at the tÍme of bidding is solely responsible for obtaining and reviewing the matrix drafts and instructions, and for securing a proxy to represent him/her during the bidding process. (7) Personnel assigned to patrol who are on injury or other absence status at the time of bidding will be allowed to participate without any restriction based on that status, and will assume the assignment chosen upon return to duty. (8) At the time of bidding, the department will create duplicate details to ones taken by members not expected to return to duty within thirty (30) days of the start of the matrix period. Members who subsequently bid for the newly created duplicate details will remain on the shift chosen, but may be moved to any other vacancy within that shift when the absent member holding the original detail returns to duty, and may continue to be moved within the shift as vacancies are filled by returning personnel. The provisions of this sub-section will apply to the matrix process and may or may not be extended to subsequent matrix processes, contingent upon mutual agreement of the depaftment and the Association. (9) Nothing in the preceding sub-sections precludes moving probationary employees pursuant to paragraph (10), below. (10) Assignments as a result of the bidding process will begin on the first Monday following January 1't of each year. During the 12- month assignment cycle, if a hardship exists, a special request for a change in district and/or shift can be submitted. A member may submit one request during a twelve (12) month cycle. The request will be considered based on the needs of the department. A response will be issued to the member within thirty (30) calendar days. Barring a training need, approved requests may be honored once a vacant position that addresses the hardship becomes available. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 42 (11) Probationary Police Officers, Sergeants or Recruits may not be permitted to bid for positions but may instead be assigned to a district, shift and detail. With a 28-day notice, these Officers may also be subject to district and shift reassignment. (12) Police management reserves the right to designate specific detail numbers for probationary Officers and Recruits to prevent the concentration of probationary personnel on any given shift in a given district. Any such allocation will apply only to swing, lap, and/or midnight shifts, and will be accomplished in such a manner as to ensure balance of probationary employees between policing districts and shifts. Subject to the aforementioned considerations, police management may also designate certain detail numbers as "not available for sign-up" based upon the anticipated deployment of any Officers or Recruits in the Patrol Training Program at the time of the matrix bidding. (13) Police management reserves the right to determine the allocation, by shift and district, of P TO positions based upon the needs of the department. Any P TO who elects not to participate in the matrix as a result of these allocations shall declare his/her intention ín writing no later than two calendar weeks prior to the matrix bidding process. 7.13.03 Patrol Schedule Exploratorv Committee - There is created a Patrol Schedule Exploratory Committee. The purpose of this committee will be to research various patrol scheduling systems in an attempt to develop a schedule that will allow for on-duty training of patrol personnel while still meeting minimum staffing needs. This committee will be composed of members selected by the Chief of Police or designee and the Association. The recommendation of the committee will be advisory to the Chief of Police. 7.13.04 Dutv Office: (1) Officers assigned to the Duty Office may be scheduled to work a modified "3112" schedule consisting of three (3) twelve (12) hour work shifts one week, followed by three (3) twelve (12) hour work shifts and one (1) eight (8) hour work shift the next, or vice versa. (2) Officers working in the Duty Office not scheduled on a "3112" basis will be scheduled on a"4110" basis. Fresno Police Officers Association, Basic Unit MOU 9/'11t14 - 6t30t17 I Page 43 (3) Work schedules will contain specific hours and day off patterns established and/or modified by agreement of Police Depaftment Management, acting on behalf of the City, and the Association, acting on behalf of the affected members. (4) Hours worked in excess of the scheduled eight (8), ten (10) or twelve (12) hour work shift, or in excess of the scheduled thirty-six (36), forty (40) or forty-four (44) work week, will be compensated as overtime. (5) Either the City or the Association may discontinue this section with thirty (30) days written notice to the other party. The decision to discontinue this agreement is not grievable or appealable. Discontinuation of this section will result in the reinstatement of all schedule and overtime provisions existing in the current MOU, 7.13.05 Non-Minimum Staffinq - Flexinq of Hours; To accommodate the personal needs of members and to create the best working environment, given the context of a police department whose primary goal is service to the community, members assigned to non- minimum staffing units may request and be assigned flexible hours of work. The member's Supervisor may adjust hours of work under the following conditions: (1) The operational needs of non-minimum staff unit shall be the primary concern for a Supervisor when determining a request for flexing of hours. (2) A Superuisor may grant a member's request to flex hours up to one (1) hour before or after the standard shift hours beginning at 0700 and ending at 1730. (3) The occasional granting of a flex schedule pursuant to this subsection will be only for specific qualified purposes as determined by a Supervisor. Examples of a specific qualified request by a member may include attending his or her child's baseball game, a doctor's appointment, meeting someone who is arriving at the airport, or some other qualified event. (4) Granting a long-term flex schedule shall require concurrence of the Bureau Commander. Examples of the need for a long-term flex schedule may include home nurse care for a spouse and the need to relieve the care giver, circumstances involving a "special needs" child, continuing education, or some other qualifíed event. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130t17 Page 44 (5) A Supervisor may require the members to decide amongst themselves who is to be granted a flex schedule. The decision by the members shall be by mutual agreement. lf the members are unable or unwilling to make such decision, the Supervisor shall have the discretion to make whatever decision he or she deems appropriate. (6) With the concurrence of the Bureau Commander and in lieu of granting a flex schedule, a Supervisor may offer to a member the option of a fixed 5/8 schedule with the hours of 0730 to 1600, for a minimum of thirty (30) days. (7) ln order to meet departmental operational and service needs, a Supervisor may terminate, at any time, a membe/s flexed schedule upon thirty (30) days written notice to the affected member. The decision to discontinue a flex hour schedule is not appealable or grievable. 7. I 3.06 Staff Wizard/Corona Solutions: The department may utilize Staff WizardiCorona Solutions in the deployment of patrol personnel (policing districts). Deployment is inclusive of the number and scheduling of shifts, the number and configuration of policing districts, members assigned to each shift, and the day off configuration and/or rotation of days off. Data used to develop Staff Wizard/Corona Solutions recommendations at the beginning of each matrix period, and the resulting district and shift minimum staffing levels will be based on the number of personnel assigned to the patrol matrix who are not expected to be on injury or other absence status longer than thirty (30) days into the matrix period. Staff Wizard/Corona Solutions recommendations can be implemented up to a maximum of two (2) times in a fiscal year provided that all affected members receive the change that will occur at sign-ups. No shift shall start before 0600. Although Staff Wizard/Corona Solutions may recommend SummerMinter base shift hours, management reserves the right at any time to adjust those hours with five (5) calendar days advance notice based on operational/service needs. The department reserves the right to determine initial minímum staffing levels in patrol, by shift and district, at the beginning of the matrix period. During the course of the matrix period, the department may review and increase minimum staffing levels. The department may subsequently reduce the increases, but, except as may be required by budget Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 45 reductions resulting in actual personnel reductions, may not go below levels initially set for each shift and district at the beginning of the matrix period. Such changes in minimum staffing levels may not occur more often than monthly, and may not cause a cancellation of previously approved time off, or prevíously approved on-duty training time. The Association will designate a representative who will participate in the process of determining annual Staff Wizard/Corona Solutions recommendations. 7.13.07 Absent with Substitute (AWS): (1) AWS with Trade - ln accordance with Section Z (pX3) of the Fair Labor Standards Act (FLSA) as discussed in 29 CFR 553.31, the City agrees that members may substitute for one another when staffing levels do not permit a member to take time otf. The substitution must be during scheduled work hours, and in the performance of work in the same capacity. The hours worked are excluded by the City in the calculation of the hours for which the substitute member would othen¡vise be entitled to overtime compensation under the FLSA and under Section 7.3. When one member substitutes for another, the member being substituted for will be credited as if he or she had worked his or her normal schedule for that shift. (2',)Probationary Officers - Officers on probation may utilize 40 hours of AWS to take time off during any calendar quarter with no restriction on how many hours of AWS they can work during any calendar quarter. Probationary Officers needing to utilize more than 40 hours of AWS to take time off during a calendar quarter may do so with district commander approval. Non-Probationary Officers - Non-probationary Officers may utilize 120 hours of AWS to take time off during any calendar quarter with no restriction on how many hours of AWS they can work during any calendar quarter. Non-probationary Officers needing to utilize more than 120 hours of AWS to take time off during a calendar quarter may do so with district commander approval. AWS with Compensation - When one member substitutes for another, the member being substituted for will be credited as if he or she had worked his or her normal schedule for that shift. lf the substituting member wishes to be compensated for the substitute shift worked at the base/straight time rate of pay, then the member being substítuted for shall transfer the applicable number (3) (3) Fresno Police Officers Association, Basic Unit MOU 9/1 1t14 - 6t30t17 Page 46 of holiday leave, vacation or CTO hours to the substituting member's "like" account. (Note: The member being substituted for may only select one account from which to take hours for transfer, and those hours shall only be transferred to the volunteer substitute's "like" account. lf the substituting member's selected account is at the maximum allowable balance, the substituting member shall be compensated at the base/straight time rate of pay from the transferred hours. An internal processing form has been established to accomplish this transfer.) (4) AWS Notification to Deoaftment - Members wishing to provide a substitute must notify the department at least 24-hours in advance of the substitution on a form provided for that purpose. The substitute must be satisfactory to the department. lf the substitute is determined to not be a satisfactory substitute, the commanding Officer shall provide the reason(s) in writing within a reasonable amount of time. 7.13.08 Proximitv Detail' * * * (1) The Proximity Detail may be created by the Chief at his discretion. Officers assigned to Proximity Detail may be scheduled to work a modified "3112" schedule consisting of three (3) twelve (12) hour work shifts each week, followed by three (3) twelve (12) hour work shifts and one (1) eight (8) hour shift the next, or vice versa. (2) Work schedules will be modeled according to the below matrix, with specific hours and day off patterns established and/or modified by agreement of Police Department Management, acting on behalf of the City, and the FPOA, acting on behalf of the affected Officers. Model Schedule - Proximitv Detail (Week 1) MON TUE WED THU FRI SAT SUN Officer #1 0600- 1 800 0600- 1 800 0600- 1 800 DO DO 0600- 1 600 DO Officer #2 DO DO 0600- 1 800 0600- 1 800 0600- 1800 DO DO Fresno Police Officers Association, Basic Unit MOU 9/1',U14 - 6130117 Page 47 (3) Model Schedule - Proximitv Detail (Week 2) Hours worked in excess of the scheduled eight (8), ten (10), twelve (12) hour work shift or in excess of the scheduled thirty-six (36), forty (40) or forty-four (44) hour work week shall be compensated as overtime. Either the City or the FPOA may discontinue this agreement with thirty (30) days written notice to the other party and to the Labor Relations Division. The decision to discontinue this agreement is not grievable or appealable. Discontinuation of this agreement will result in the reinstatement of all schedule and overtime provisions existing in the current MOU. The parties agree that the adoption of the above scheduling provisions for Proximity Officers does not imply acceptance by either party of similar schedule changes for any other unit or personnel within the Depaftrnent, and agree that this Agreement will not be considered precedent setting in any regard. Any Officer assigned to Proximity Detail shall be selected in accordance with Chapter 7, Section 15. ln the event a Sergeant assigned on the rnatrix is absent from duty, a position is vacant, or there is no Sergeant assigned to duty, and any commander assigned to the affected district, or the Duty Office determines that a replacement or additional personnel are required, a Sergeant shall be hired back on overtime to fill the vacancy, or, if no Sergeant is available, a Police Specialist, Police Officer, or P TO may be assigned to an acting position to perform the Sergeant's duties. Any Specialist or Officer so assigned for the majority of a shift shall be compensated at the lowest step in the salary range of the Police Sergeant class which is at least three and one-half percent higher than the rate received in the employee's current class. lf such compensation requires a (4) 7.14 ASSIGNMENTS, COVERAGE & HOURS - EXCEPTIONAL PROVISIONS 7.14.01 Patrol Matrix (Supervision): (1) (5) (6) MON TUE WED THU FRI SAT SUN Officer #1 0600- 1 800 0600- 1 800 0600- 1 800 DO DO DO DO Offícer #2 DO DO 0600- 1 800 0600- 1 800 0600- 1 800 0600- 1 600 DO Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page 48 (21 payment greater than highest Step, then highest Step shall be paid. * * * TO's assigned to be acting Sergeants shall * * * receive * * * pay as provided in Section 7,04.03. This subsection shall be in lieu of the "acting pay" provisions of FMC Section 3-260. No additional compensation shall be paid to Police Specialists, Police Officers or PTOs who are assisting in the day to day administration performed by Sergeants nor for acting as a patrol supervisor (Senior Officer available)when the Sergeant is on-duty but unavailable. This provision does not preclude the City/Department from designating provisional Sergeants in accordance with FMC Section 3-258. (3) 7.14.02 Special Units - Flexinq of Hours: Sergeants, Specialists or Officers in non-patrol matrix assignments may be assigned flexible hours of work to meet the needs of the department. The Police Chief or designee may adjust hours of work under the following conditions, without payment at the overtime rate: (1) with the concurrence of the Sergeant, Specialist or Officer; or, (2) in the event of emergency, which is defined as circumstances beyond the control of the City and not having been known forty- eight (48) hours in advance of the circumstance creating the emergency; or, (3) with forty-eight (a8) hours notice to the Sergeant, Specialist or Otficer. Adjustments pursuant to this subsection may last no longer than seven (7) consecutive calendar days, nor occur more than once during any thirty (30) day period; or, (4) where the adjustment has been made to cover a special event and the special event is canceled with less than forty-eight (48) hours notice to the department, and the department then promptly cancels the adjustment and returns the Specialist or Officer to the regular schedule. Overtime worked past the scheduled end of a shift shall not be considered as a shift adjustment. An adjustment of hours prior to the shift shall be considered as an adjustment, Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 49 Officers assigned to special units receiving "Flexible Hours" premium pay are excluded from the forty-eight (48) hour notice requirement. However, when practical, they will be given as much advance notice as possible when hours are to be flexed. Flexing of these Officers is also not limited to seven (7) days in duration, nor as to frequency. However, when such adjustments exceed thirty (30) days, the Association shall be provided with a plan for a return to regular schedules. The current practice of temporary weekend duty will cease. This does not prohibit the department from flexing Officers under other provisions of the MOU. 7 -14.03 Traffic Bureau: (1) Traffic Enforcement Unit (TEU): Hours of Work, Except when necessary to police special operations, including but not limited to traffic and/or DUI enforcement, parades, holiday functions and fairground related activities, the base work hours of the TEU shall be between 0715 to 1800, with the exception that up to forty percent @O%) of the TEU Officers may be worked on a "8" shift. The "B" shift's base work hours shall be between 0915 to 2000 from October 1to March 31, and between 1115 to 2200 from April 1 to September 30. Meal Period: TEU Officers agree to take a 45-minute unpaid meal period between the second and eighth hour of the work day. lt will be the Officer's responsÍbility to notify the supervisor if the Officer cannot schedule an unpaid meal period during the specified time set aside for this purpose. An unpaid meal period taken outside the specified hours requires the approval of a supervisor. lf work conditions do not allow an Officer to take an unpaid meal period, the Officer will be compensated at a rate of one and one-half times the base rate of pay for the meal period missed, No more than one-half of the Officers working a given district may take theír meal period at the same time, unless specifically approved by a superuisor. Davs Off: The days off for the base work hours of between 0715 to 1800 will be Friday, Saturday and Sunday or Saturday, Sunday and Monday. The Officers working the "B" shift may be required to work on Saturdays and Sundays. Officers will receive three (3) consecutive days off during the normal workweek of Monday through Sunday. Fresno Police Officers Association, Basic Unít MOU 9/11tl4 - 6t30t17 Page 50 (2) Flexinq of Work Hours/Davs Off: TEU Officers may be assigned flexible hours of work to meet the needs of the department pursuant to the provisions of Section 7.14.02. Senioritv: Department seniority shall be the recognized selection method for work assignments within the TEU, unless there is a clear preference for a specific assignment by the appointing authority. Vacations: TEU vacation sign-ups shall be done by department seniority during assignment sign-ups. No more than fifteen percent (15o/o) of the entire unit may be allowed annual vacation at once, without prior approval of the division commander. Neiqhborhood Traffic Unit (NTU) Base hours for the NTU will be between 1700-0300 hours. Base hours may be adjusted periodically to meet the needs of the department and/or to address weather and climate issues. NTU Otficers will also be subject to flexing of hours on a day{o-day basis, and will accordingly receive premium pay pursuant to Section 7.04.02. NTU Officers will work ten (10) hour shifts. While the primary focus of the NTU will be on traffic and related issues, they may also be assigned to other events, duties or projects, as necessary, to meet the needs of the department. Uniforms/Safetv Equipment: Traffic Bureau Officers assigned to motorcycle duty shall be provided, at the City's expense, the safety equipment described in Government Code Section 50081.1. This shall include, but not be limited to, one (1) pair of motorcycle riding boots, three (3) pairs of riding pants, one (1) motorcycle jacket, one (1) pair each of summer and winter gloves, one (1) motorcycle safety helmet and one (1) pair of protective glasses. The safety equipment shall be repaired at the City's expense. lf an Officer assigned to motorcycle duty leaves the Traffic Bureau for one (1) year or more and then returns, the Officer will be equipped with new safety equipment, with the exception of a new jacket. Jackets will be issued to returning Officers as needed at the discretion of the bureau commander. (3) Fresno Police Officers Association, Basic Unit MOU 9/1 1t't4 - 6t30t17 Page 51 Take-home Vehicles: Traffic Bureau Officers assigned to motorcycle duty, and Officers assigned to the Collision Reconstruction Unit (CRU), will be allowed to drive their assigned vehicles to their residences, subject to the provísions of Section 7.9 (Take-home Vehicles.) Red uctio nsi Reo rqan ization : ln the event of reductions of personnel from the Traffic Bureau, the TEU and NTU will be considered as sepâra+e one units for purposes of applying the "last in first out" rule. 7.14.04 Canine Unit - The following applies to Officers assigned to the Canine Unit (includes Narcotics Canine): (4) (5) (1)The City will install kennels at the home of the Officers assigned canines, pay for veterinary care, food, and miscellaneous supplies. Officers assigned canines will be allowed to drive their assigned City vehicle to their place of residence. Except as provided in Section 7.9, Canine Officers who reside farther than fifteen (15) miles from the City limits must leave their assigned vehicles at an approved City facility, and provide approved secure transportation for the canine from that point to their residences. Unless inconsistent with this section, Administrative Order 8-8 shall apply with reference to the purpose and benefit of City take- home vehicles. Canine Officers will not be permitted to voluntarily transfer to other assignments during the service life of the Officer's canine. Canine Officers are not precluded from competing for promotional positions. The canine and the kennel installed by the City at the Officers' home are the property of the City. ln the event an Officer is no longer assigned to the canine unit, the City reserves the right to maintain ownership of the canine or return the canine to the original vendor or other designated party, as determined by the Chief of Police or designee. Canine Officers are subject to flexible hours of work as described in Section 7.14.02. The base work schedule for Officers assigned to the Canine Unit will consist of a work week of five (5) ten-hour days followed by a work week of three (3) ten hour days, with a total of six (6) days off during the two work weeks, to include at (2) (3) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 52 least one weekend. This schedule may be cancelled by the City following thirty (30) days notice to the FPOA, at which time Canine Officers would revert to the 4/10 weekly work schedule set forth in Section 7.13.01(1). Police Management reserves the right to determine the allocation of K-9 positions by shift, district and days off to ensure the optimal coverage of such units in the field. Bidding for allocated positions will be done within the Canine Unit, by depaftment seniority, date of hire as a Police Officer. Canine Unit schedules will be established annually to coincide with the patrol matrix, but will not be included in the patrol matrix. Canine units will not be counted to satisfy Watch lll minimum staffing requirements on a daily basis other than as may be required to meet those minimum staffing levels established at the beginning of the matrix period. Compensation paid pursuant to Section 7.14.04 is overtime, and is therefore not considered as compensation under the first or second tier of the City's Fire and Police Retirement System. Time spent by the Officers for home care of the canine is considered hours worked pursuant to the Fair Labor Standards Act. The canine Officer will be compensated for one (1) hour each day in the care of the canine. Officers may spend more than one (1) hour a day with the canine, but any time over one (1) hour a day shall be considered as normal owner-related activities for the enjoyment of the individual and the canine. Officers that spend more than one (1) hour a day with the canine, and believe that this time is hours worked shall turn in a time sheet no later than the next working day, after the time spent with the canine, to the canine superuisor. Compensation under Section 7.14.04 is not for the performance of Police Officer duties and, therefore, compensation for the home care of the canine will be calculated at one-half the applicable overtime rate of pay for "4" step of the Recruit class. [$$ deleted] 7.15 FILLING SPECIAL ASSIGNMENTS Definition: Special units (positions) are defined as all units (positions) outside of patrol matrix duties. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (4) (5) (6) (7) Page 53 7.15.01 At least once each calendar year the depaftment will administer a written test to qualify Officers/Specialists for assignment to special unit positions. The test will be designed to certify competency in law, policy, procedures and whatever other areas of skill or knowledge the department deems appropriate. The notification of, and minimum qualifications for, the approaching test will be announced by voice mail, and will be posted in work areas, no less than seven (7) days before the date of the test. All Sergeants are deemed qualified for special unit Sergeant openings. (1) Prior to each test the depaftment will determíne and announce the "passing" score for the test. While it may be set higher, the passing score will not be lower than 70o/o correct. (2) Subsequent to each test, the department will establish a non- ranked list of Officers who have passed the test, and are thereby "qualified" for assignment to special unit positions. Said lists will remain in effect three (3) years after which Officers who have not been chosen for a special unit will have to re-qualify to remain eligible. (3) Officers must be off probation " * * to take the test. Except as provided below, Offícers must pass the test and have * * * two (2) years of experience in patrol matrix dutÍes at the tirne of assignment to a special unit. For purposes of this section, any Officer with two (21 or more years of experience in a sworn law enforcement agency accredited by California P.O.S.T. may substitute their prior experience for up to one (1) year of the two (2) year experience in the patrol matrix. Any current or temporary " " * TO will be considered "qualified" for assignment to a special unit position. Any Officer who has successfully passed the P-TO exam within the last three (3) years shall also be considered "qualified" for assignment to a special unit position. Any Officer who has passed the most current written * * * Sergeant's promotional list exam shall also be considered "qualified" for assignment to a special unit. This qualification is good for a period of twelve (12) months or the life of the Sergeants list, whichever is greater. [S deleted] Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 54 (4) Officers and Specialists currently assigned to a special unit who return to patrol matrix duties pursuant to these provisions shall be deemed qualified under this section for one (1) year from the date of leaving the special unit. * * * (5) * * * Sergeants who have been demoted for economic or reorganizational issues remain qualified for * * * TO and Special Unit assignments. lS deletedl 7.15.02 The conditions below apply to Officers/Specialists/Sergeants who meet the special unit qualifications and wish to be considered for a special unit assignment opening in conjunction with the patrol matrix signups: (f) Prior to October 1"t of each year, the department shall conduct a survey of members in a special unit assignment, and who are eligible for a special unit assignment. The purpose of the survey is to assist the department with determining member assignment preferences. Any member in a special unit assignment wishing to return to a patrol matrix assignment shall use the survey to notify the department that they wish to return to the patrol matrix. The survey will close the fifteenth (15th) day following the survey's opening. Department Staff Officers will utilize the survey information and meet collectively, as needed, for the purpose of making special unit selections. (21 Members being rotated out of a special unit assignment shall be notified no tater than October 31"t. (3) Members subject to department reorganization will follow procedures outlined in 7.18.03 (2). (4) A rule of three (3) will be utilized for the interview process, with one additional interested candidate for each additional open position. Each unit will be considered separately for the purposes of determining how many Officers/Specialists/ Sergeants need to be interviewed. (5) The following survey categories will be utilized: (a) I am currently in a special assignment and wish to return to a patrol matrix assignment. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6130t17 Page 55 (b) I am satisfied with my current special assignment and do not wish to be considered for other special unit assignments. (c) I am satisfied with my current special unit assignment; however, I wish to be considered for other special unit assignments as indicated in order of preference. (d) I am satisfied with my current special unit assignment; however, if I am rotated out, lwish to be considered for other special unit assignments as indicated in order of preference. (e) | am currently assigned to the patrol matrix, but wish to be considered for a special unit assignment as indicated in order of preference. All special unit interuiews and selections will be completed by October 31"t of each year. The special unit survey is good for one (1) year or completion of a new survey, whichever comes first. ISS deletedl 7.15.03 The conditions below apply to Officers/Specialists /Sergeants who meet the special unit qualifications, and wish to be considered for a special unit assignment opening outside of the patrol matrix signups: (1)For purposes of this section, the definition of outside the patrol matrix signup will be, any special unit opening that occurs after the new patrol matrix begins in January, and prior to the opening of the annual special unit assignment survey. Exception: the department may utilize this process to fill special unit assignments that become open on or after November 1"t when the department is unaware of the assignment opening prior to October 31"t. The department will send a department email and voice mail announcing the special assignment opening. Eligible members wishing to be considered for the special unit assignment opening shall submit an email requesting consideration to the designated department representative (6) (2t (3) Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 56 no later than the tenth day following the email/voice mail announcement. The department may also utilize the special unit assignment survey when considering members to be interviewed. Department Staff Officers or their designee(s) will meet internally to select members to be interviewed for the special unit assignment. A rule of three (3) will be utilized for the interview process, with one additional interested candidate for each additional open position. Each unit will be considered separately for purposes of determining how many Officers/Sergeants need to be interviewed. lS deletedl 7.15.04 The above qualifying and selection process will apply equally to all special unit * " " assignments, including Training & Development (T&D) positions. This process will not, however, apply to P TO selections. 7.15.05 The department retains the right to assign any Officer to any special unit position, outside of the above process, when the assignment is made for a specific purpose based on specific need that the Officer assigned can best address. The department will, upon request, verbally identify the specific skill set and the needs to be addressed as well as the time sensitive needs of the department, However, such assignments may be made for no more than one (1) year after which the Officer must have met the above qualifications and process to remain in that or any other special unit position. Chief's Exemption - The Chief may select up to five (5) sworn Officers/Specialists/Sergeants to serve in a special unit assignment without time limitations. Officers assigned under 7.15.05 are eligible for assignment under this sub-section. The selected Officer must have successfully completed probation and shall sign an acknowledgment of Section 7.15.01 (1) through * * * (5) 't * *. The department and the association will maintain a copy of the acknowledgment. Once the selected Officer leaves this special unit assignment, the Officer must meet the above qualifications and process to be eligible for any other special unit position as outlined in Section 7.15.01 (1) through * * * (5). 7.15.06 Should there be insufficient candidates qualified through the above process to fill the positions available, the department may assign any Officer off of probationary status or Sergeant for Sergeant (4) (5) Fresno Police Officers Association, Basic Unit MOU 9i 'l 1114 - 6130117 Page 57 ass¡gnment(s) to the open positions as necessary to fill special uníts. Such assignments may be for no more than one (1) year for any Officer/SpecialisUSergeant so assigned, unless the Officer/SpecialisU Sergeant has subsequently met the qualifications as described above. Officers/Specialist /Sergeants shall be selected using departmental seniority beginning with the least senior Officers/Sergeants. Officers assigned under this section and who do not volunteer for the assignment will be allowed to count this time toward their patrol matrix time. 7.16 DURATION OF ASSIGNMENT - SPECIAL UNITS ONLY 7.16.01 Special Units (positions) are defined as all units (positions) outside of the patrol matrix. 7.16.02 Officers and Sergeants assigned to special unit positions shall generally be assigned for a minimum of two (2) years. Movement subsequent to assignment to a special unit is at the discretion of the Chief of Police for the good of the department, and may be accomplished either: With the concurrence of the affected Officer or Sergeant, or with thirty (30) days notice to the affected Officer or Sergeant, except that those Officers/Sergeants assigned to investigative units and responsible for investigating felony crimes shall be provided sixty (60) days notice. Effective July 1, 2009, the notification shall not occur between November 1't and February 28th. 7.16.03 Normal movement underthis Section (i.e., 7.16) is not appealable. 7.16.04 Traininq & Development (T&Dl Positions: T&D positions will be designed to enhance the abilities and skills of Officers to improve the experience base of potential future supervisors, and to allow the department to assess personnel for future regular special unit assignments. (1) Within three (3) years of the implementation of this MOU, the department will create and identífy T&D positions which will number a minimum of five percent (5%) of the total number of special unit positions department-wide. (2) T&D positions will generally be one-year assignments. However, in order to coincide with patrol matrix sign-ups, at the discretion of the department, T&D assignments may be as short as six (6) months or as long as eighteen (18) months. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30117 Page 58 (3) Upon completion of a T&D assignment, Officers may be moved to another T&D position, to a regular special unit assignment or returned to patrol. (4) To ensure availability of T&D positions for those seeking them, Officers will be limited to a total of three (3) such assignments. Similarly, Officers may not be assigned to a T&D position in any unit they have been previously assigned. (5) The departrnent has the discretion to deterrnine where the T&D positions will be located, and may change those determinations as positions vacate and are refilled. However, the department will endeavor to spread the T&D positions as widely as possible, without negatively affecting workflow and productivity to provide the broadest possible experience base for Officers moving through these positions. (6) Should there be insufficient qualified applicants to fill the number of positions dictated by the five percent (5%) minimum the department may reduce that number to coincide with the number of qualified applicants. 7.17 CAREER DEVELOPMENT PROGRAM * * * Upon mutual agreement between the Gity and FPOA, a Career Development Program Exploratory Committee will be convened. The purpose of this committee will be to research and develop a recommendation for a program designed to prepare and assist members seeking advancement within the department to recognize and utílize existing skills and abilities, and to provide pathways for attaining specialized career assignments within the depaftment. Areas for exploration may include evaluation of educational opportunities, lateral and promotional movement, training plans, job steps and the need for a rank between Officer and Sergeant, and/or between Sergeant and Lieutenant. [$$ deleted] 7.18 SENIORITY*** 7.18.01 Definitions: Seniority within rank and class shall begin upon the date on which an Officer receives a permanent appointment to a position in the class. A permanent demotion from a promotional position shall result in loss of accrued seniority in the higher rank. A temporary demotion from a higher rank shall not result in loss of accrued seniority in the higher rank, but seniority in the higher rank wíll not accrue during the term of the demotion. A temporary demotion is defined as a demotion wherein the Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 Page 59 employee may be reappointed to the higher rank without a competitive process. The seniority of Police Officer/Police Officer Recruit who is hired on the same date shall be as follows: (1) Placement on a promulgated eligible list by score will be the order of seniority. (2) ln cases where Officers/Recruits are hired from Entry Level Lists promulgated on different dates, those hired from the list promulgated first shall have seniority. (3) Seniority for Police Cadet shall begin on the date they are sworn- in as Police Officer Recruit. (4) When hired on the same day from a Lateral Police Officer List and Entry Level Police Officer List, the Lateral Police Officer will have seniority. (5) When two (2) or more Officers have the same date of hire and no Police Officer promulgated list exists to determine seniority, the most senior will be determined by the Officer's permanent full- time date of hire as a City employee, and if not applicable, seniority will be determined by lottery. The results of the lottery shall be used to determíne present and future seniority. 7.18.02 Vacation Selection: Vacation selection by division, section, district or shift, as determined by the department, shall be based upon, and determined by, seniority within the class. 7.18.03 ShifUDetail Assiqnments: The primary consideration in making shift or detail assignments shall be the needs of the department subject to the seniority provisions below. (1) Patrol Matrix Assiqnments: Except as othenrvise provided below and in Section 7.13.02 (Matrix Schedules), patrol matrix assignments shall be filled by seniority. Seniority for all work assignments subject to bid in the patrol matrix by Police Officer/Police Specialists shall be by date of hire as a Police Officer or, ín the case of a Sergeant, the date of promotion. Any subsequent changes in patrol matrix assignments shall be accomplished as vacancies occur and not by "bumping" or changing of previously existing assignments. Exception: An Officer or Sergeant reassigned to the patrol matrix by the department without the consent of the Officer or Sergeant Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130t17 Page 60 shall be assigned to a shift according to his or her seniority in that class. (2) : ln the event of a departmental reorganization, or a reduction of personnel due to budget restrictions, which reorganization or personnel reduction causes the movement of special units, the movement shall be accomplished as follows: lf there are no volunteers to move, the "last in first out" rule shall apply within any affected unit. For purposes of this section, a "unit" will generally be defined as a specialized work group under the control of a superuisor. ln the case of like work groups each under the control of different superuisors, including but not limited to * * * Tactical Units, Traffic and Narcotics, said units will be considered as one unit for purposes of applying the "last in first out" rule. Exhibit lll (attached) provides an explanation of the intent and application of this section. Subject to the special provisions listed below, personnel displaced pursuant to these provisions may be offered placement in other existing special unit vacant positions. Should no such vacancies exist, or be offered, and the movement will result in a return of personnel to patrol matrix duties, displaced personnel shall be allowed to "bump" the Officer/SpecialisUSergeant most recently assigned from patrol matrix duties to a special unit provided there is a special unit vacancy, and assume that Officer/ SpecialisUSergeant's position. Ties in assignment date seniority shall be broken by department seniority, with the least senior being the one "bumped." Exception: There shall be no bumping from the Canine, Skywatch or Mounted Units or Motors assigned to the Traffic Bureau. Premium Pav Positions: Whenever possible, personnel displaced from premium pay positions shall be considered for placement in other vacant premium pay positions. Placement: The department is not obligated to offer all existing vacancies to displaced personnel, but shall, whenever possible, consider placements that will maintain shift and day off schedules for the affected member. Should the affected Officer/Sergeant accept an alternate assignment pursuant to these provisions, and later request Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6t30t17 Page 61 reassignment to patrol, the Officer/Sergeant may not bump a less senior Officer/Sergeant in patrol. 7.19 FEDERAL DRUG POLICY (Federal Omnibus Transportation Employee Testíng Act - "ACT") Policv: 7.19.01 The City maintains two separate policies to distinguish those procedures required by the Federal Transit Administration and the Federal Motor Carrier Safety Administration, entitled: "Controlled Substances and Alcohol Testing Regulations, Fresno Area Express", adopted by the City Council on March 14,2006, which may be amended from time to time, after compliance with applicable collective bargaining laws. "Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", which may be amended from time to time after compliance with applicable collective bargaining laws, 7.19.02 The parties agree that each policy sufficiently summarizes the current federal regulations required by the ACT. Both policies will be distributed to every affected member of the Fresno Police Officers Association Non- Supervisory Police Unit upon implementation or amendment of the policies, and at the time of training and orientation. 7.19.03 The parties acknowledge that there currently exists a list of positions subject to the provisions of the two policies: "(a) Controlled Substances and Alcohol Testing Regulations, Fresno Area Express, (b) Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", and should these positions be changed or modified, the parties agree to establish a new list of positions which are subject to these two policies pursuant to the ACT and the Depaftment of Transportation. As personnel changes within these positions, the parties agree that the Department will give notice to the Association and the Risk Management Division of such changes. 7.19.04 The Risk/Safety Manager will be responsible for receiving all information related to the implementation of this policy and directing the applicable disciplinary action in coordination with the Labor Relations Manager. 7.19.05 The parties agree to abide by the federal regulations set forth in each policy. Employees who are members of the Association will also be Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6130117 Page 62 subject to the provisions of any applicable Department Standing Order, policy or procedure. 7.19.06 Last Chance Agreements do not apply to members of the Association. As required by federal law, employees who have tested positive and who have returned to work, will still be subject to random selection for testing and will be subject to six additional tests for drugs and alcohol during the subsequent year. 7.20 GENERAL TESTING GUIDELINES FOR EMPLOYEES NOT COVERED BY THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING General Requirements Drug and substance tests may also be required under Departmental * * " Policy and Procedures, as the same may be modified following consultation with the Association pursuant to FMC 3-607. 7.2O.O1Whenevera member is assigned to a special unitengaging in drug * * * or vice enforcement, such member shall execute a written agreement and release stating full consent, and would be required to take a drug test. 7.20.02 ln the event the City provides an annual scheduled physical, all members * * * shall be required to submit to a drug test. 7.20.03 Sworn members while assigned to any special unit engaging in drug * * * or vice enforcement shall be required to periodic unannounced drug tests. Subject to the following conditions: A member shall execute a written agreement and release stating full consent to such periodic unannounced drug tests. At the request of the Commander of the Management Support Bureau, the City of Fresno RisUSafety Manager shall select and schedule the date and time when each member will be tested. Such test may be administered no more than once a year. Under this subsection, any random testing without notice will be in compliance with applicable court decisions. 7.20.04 All drug testing noted above will be performed in accordance with the Federal Omnibus Transportation Act, except in those instances where members are unable to provide a urine sample such members may elect to provide a blood sample. lt is understood that if a member cannot Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6t30t17 Page 63 provide a sufficient sample or, in the alternative, refuses to provide a blood sample, the test shall be considered to be positive. ln addition to any testing requirements contained in this MOU provision, all members are subject to the "ldentification and Consent Procedures" outlined in Administrative Order 2-25, along with its corresponding testing procedures. 7.2'I ADMINISTRATION OF PERSONNEL ACTIONS During the term of this MOU, the Chief of Police or designee shall administer personnel actions, including but not limited to, the areas of grievances, administrative hearings, Skelly hearings and discipline. [$$ deleted] 7.22 DISCIPLINARY PROCEDURES * * * ik * * Department Policy and Procedure #340, as well as the FMC, Administrative Orders, policies, procedures, operation manuals, rules regulations, all as the foregoing exist during the term of this MOU, concerning disciplinary procedures will apply. However, any permanent member receiving a Final Order of Disciplinary Action resulting in a termination, demotion or suspension of one hundred-twenty (120) hours or more may, in lieu of submitting an appeal through established means per their respective procedures, within fifteen (15) calendar days of service of the Final Order of Disciplinary Action request binding arbitration. lf a request for binding arbitration is submitted by a member or their representative, the member or their representative shall be required to provide a written waiver of their right to bring the matter through any other established means, including an appeal to the Civil Service Board. The arbitrator shall regulate the conduct of the hearing process. The arbitrator shall set the date, time and place of the hearing, which place shall be on City premises, and shall, by certified United States mail, postage prepaid, give not less than ten (10) days notice of such date, time and place to the appellant, or the appellant's designed representative and the appointing authority. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. The arbitrator's decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, Code of Civil Procedure Sections 1280 et seq. The fees and expenses of the arbitrator shall be paid half by the City and half by the Association. The parties shall endeavor to prepare a mutually agreed panel of seven (7) arbitrators to be utilized for the purposes of discipline arbitrations. ln the event Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 City and Page 64 that the parties fail to identify a panel of agreed upon arbitrators, the arbitrator shall be selected from a list of seven (7) arbitrators provided by the California State Mediation and Conciliation Service. lf the parties cannot agree on an arbitrator from the list of seven, the parties shall alternatively strike names until a single arbitrator's name remains. 7.23 IN LIEU OF SUSPENSION By mutual agreement between the Chief or designee and the affected member, a member suspended from duty without pay may forfeit accumulated hotiday, CTO, and/or vacation credits equal to the number of hours of suspension in lieu of the suspension. lf the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the appropriate amount of forfeited credits. This provision is not subject to the grievance procedure. 7.24 USE OF A HEARING OFFICER IN DISCIPLINARY ACTION INITIATED BY CITY Members may elect the alternate appeal procedure before a Hearing Officer instead of a hearing before the Civil Service Board, as provided in FMC Section 3-283. 7.25 ADMINISTRATIVE HEARING PROCEDURE It is the purpose and intent of the City and the Association to provide for an administrative appeal procedure for a member to appeal "punitive action" which is proposed to be taken against him/her for which an appeal is not otheruvise provided under the Charter or the Civil Service Rules. For purposes of this section "punitive actions" are defined as written reprimands, reduction or loss of base salary, and transfer/reassignment, when it results in a loss of base salary or is used as punishment. This section is not subject to the gríevance procedure. 7.25.01 Where the department proposes "punitive action" (as defined above), the affected member shall be advised, in writing, of the department's proposed action no less than ten (10) calendar days before the proposed effective date of the action. 7.25.02 Any dispute between the parties as to whether the action is "punitive" shall be presented to the Chief of Police or designee. lf the Chief is directly involved in the action it shall be presented to the Administrative HearÍng Committee as defined in * * * 7.25.04, below. The Chief or designee or the Committee shall rule on the dispute before proceeding with a hearing. lf the Chíef or designee or the Committee find no punitive action then the member shall not be entitled to a hearing. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 65 7.25.03 The member shall have ten (10) calendar days after receipt of the notice to respond, either orally or in writing, to the appropriate division commander. An appeal from a member shall suspend the proposed punitive action until the conclusion of this procedure. 7.25.04 The division commander has ten (10) calendar days to respond. lf he or she upholds the proposal or modifies it in a manner unacceptable to the member or fails to respond within the specified time period the member shall have ten (10) calendar days to appeal, either orally or in writing, to the Chief of Police or designee. The Chief or designee is disqualified from hearing the appeal if the Chief or designee has been directly involved in the disputed action. lf the Chief or designee is disqualified, it will be heard by an administrative Hearing Committee. The Committee will be comprised of one representative from the Association and one from the City. A third member from the department will be selected and mutually agreed upon by both parties and will act as Chairperson. 7.25.05 The Chief or designee (or the Administrative Hearing Committee) shall hear the appeal within ten (10) calendar days of receipt of the notice of appeal. When the action is heard by the Committee, the Committee will make a recommendation to the Chief or designee within three (3) calendar days. The Chief or designee shall render a written decision to affirm, reject, or modify the Committee's decision within ten (10) calendar days after the hearing. The written decision shall set forth the basis for the decision, the action to be imposed and the effective date thereof. The decision of the Chief or designee shall be final. 7.25.06 The time limits above may be mutually waived by the parties. 7.26 GRIEVANCES 7.26.01 Grievance Procedure A grievance is a dispute concerning the interpretation or application of any existing City policy, practice, written rule or regulation governing personnel practices or working conditions, including this MOU. The grievance procedure relates only to existing rights or duties, not to the establishment or abolition of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to, appeal to the Civil Service Board, or Retirement Board. A grievance can be initiated by any grieved employee or group of grieved employees, or by the Association on behalf of a grieved employee or group of grieved employees. Grievances Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6t30117 Page ô6 should be settled as near as possible to their source and in as informal a setting as possible. 7 .26.02 lnformal Process The grievant (this term includes the Association) must first attempt to resolve the grievance on an informal basis through discussions with the ímmediate supervisor without undue delay. The informal process must be completed within twenty (20) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. lf the grievance is not resolved at the immediate supervisor level, the grievant may attempt to resolve the grievance on an informal basis through discussions with the next levels of supervision, following the chain of command up to the Deputy Chief of Police. Every effort shall be made to find an acceptable solution to the grievance through this informal process. Once the informal process has been exhausted, the grievant may invoke the formal process. 7.26.03 Formal Process A written grievance must set forth the specific rule, regulation, policy, practice, or MOU provision claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought. 7.26.04 Formal Filinq Procedure The procedure and sequence in filing and processing a grievance shall be as follows: (1) Step One - Filinq the Grievance: The grievant or representative may file the formal grievance within ten (10) calendar days from the last day of the informal process through the grievant's immediate supervisor to the Chief of Police or designee. The grievance shall summarize the results of the informal process. lf the Association has not previously been involved, a copy of the grievance shall be submitted to the Association. The grievant or the Association may request to have a meeting regarding the grievance with the Chief of Police or designee in an attempt to resolve the concerns at this level. lf no Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 67 (2) request for a meeting is made, and upon receipt of the written grievance, the Chief of Police or designee shall give the grievant a written reply within fourteen (14) calendar days. Step Two - Request for Arbitration: lf the grievant is not satisfied with the decision of the Police Chief or designee, only the Association may within ten (10) calendar days after receipt of the written reply, file a request for arbitration utilizing the written grievance and submitting it to the Labor Relations Manager. The Association shall be limited to two (2) such requests for arbitration per fiscal year on a grievance that involves a dispute concerning the interpretation or application of an existing City policy, practice, written rule or regulation. There shall be no limitation on requests for arbitration dealing with MOU interpretation or application. Any request for arbitration that does not meet the requirements of this subsection shall not be processed, and such grievance concludes at Step One above. Step Three -Arbitration and lmmediate Arbitration: Within five (5) calendar days from the receipt of the arbitration request, either party may request the State Mediation and Conciliation Service to submit a list of five (5) neutrals. These neutrals will be statewide experts in the field of labor relations. Within five (5) calendar days upon receiving the list, the Labor Relations Manager and the Association shall alternatively strike a name from the list, and the last name remaining shall be designated as the neutral arbitrator. The arbitrator selected shall submit the earliest date(s) in which the arbitrator can hold the hearing, of which the Association and the Labor Relations Manager can mutually select a date. The arbitrator shall hold a hearing on the issue or issues submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written decision and reasons for the opinion within thirty (30) calendar days following the closing of the hearing, unless the period has been mutually extended in writing by all parties, The decision shall be sent to the City Labor Relations Manager and to the Association. (3) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130t17 Page 68 The arbitrator's decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, C.C.P. Sections 1280, et sequentes. lmmediate Arbitration - Either party (City or the Association) may waive the grievance procedure time limits specified in this subsection (i.e.,7.26.04) and proceed to immediate arbitration in any case where the party alleges that the other is threatening to take an action in violation of the MOU in so short a period of time as to disallow the party from proceeding within the time limits of this subsection (i.e., 7.26.041. To put it another way, immediate arbitration may be sought by either party where there is "no adequate remedy at law," or where normally a party would be entitled to seek injunctive relief. However, the method of proceeding to immediate arbitration must be done consistent with the following provisions. The arbitration shall take place no earlier than the fifteenth (1sth) day following the request by the grieving party for such "immediate arbitration," unless othen¡rise mutually agreed. During the two-week period (14 calendar days) immediately following the request for immediate arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. lf the City is the responding party, the Chief of Police and Director of Personnel Services, or their designated representatives, jointly, shall have the opportunity to meet with or othenruise communicate with appropriate Association representatives, in an attempt to resolve the díspute. Once the request for immediate arbitration is filed, the parties shall (even though dispute resolution díscussions are going on during the two-week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two-week period. The parties will atternpt to have a standing líst of available "immediate arbitrators," but if no agreement on same is reached, the parties will obtain five arbitrators, by telephone, if possible, from the State Mediation and Conciliation Service. The first arbitrator available to hear the matter following the two-week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed to othen¡vise. The parties are free to mutually agree upon an immediate arbitrator through any other process or agreement. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6t30t17 Page 69 (4) ln any case, the arbitrator selected to decide the grievance shall have the full and equitable power to frame a decision, including an order to the party initiating the grievance to abide by the time limits provided in the grievance procedure, or a restra¡ning order against the party threateníng the action, or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may not add to, subtract from, change or modify any provision of this MOU and shall be authorized only to apply existing provisions of this MOU to the specific facts involved and to interpret only applicable provisions of this MOU. Unless the parties agree otherwise, closing argument shall be presented orally and there shall be a "bench" decision. The parties shall attempt to have the arbitration proceedings completed as quickly as possible, including by meeting nights and weekends, if at all feasible. Genera I Arbitration/l mmed iate Arbitration Provision s: An arbitrator shall have, in the arbitrator's discretion, the ability to hear evidence on both arbitrability and on the merits at the sarne hearing, holding for a later ruling on the issue of arbitrability. Time limits set forth in the formal process may be modified by mutual agreement of the grievant or representative and the department or City. Failure of the grievant to file an appeal within the specified time limit for any but the first step of the procedure shall constitute an abandonment of the grievance. The cost of making a stenographic record of the arbitration hearing shall be borne by the party requesting such records. There shall be no post-hearing briefs, except by mutual agreement. The fees and expenses of the arbitrator shall be paid half by the City and half by the grievant; however, the arbitrator may order that the City or the grievant pay the total of such fees and expenses should the arbitrator find that, but for the unreasonableness of a party's posture, the convening for arbitration would not have been necessary. Witnesses who are employees and on duty at the time of the scheduled appearance shall be released from duty without loss of Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 70 compensation for the time required to testify. No overtime payments shall be made because of scheduled appearances. lndividual grievants shall be released from duty without loss of pay for the time of the arbitration hearing. A representative shall be permitted to be present without loss of compensation on behalf of the grievant. Arrangements for release time for grievant's witnesses shafl be made with the Labor Relations Manager, who shall issue all appearance notices no later than 24 hours in advance of the scheduled hearing. No employee shall be discriminated against, harassed, coerced, or suffer any reprisal because of filing or processing of a grievance or participating in a grievance procedure. Fresno Police Officers Association, Basic Unit MOU 9/1 1t14 - 6130t17 Page71 CHAPTER 8 POLICING SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVICES This MOU chapter sets forth the full and entire understanding of the parties regarding policing special events and contract law enforcement seruices. 8.1 GENERAL The Fresno Police Department, at the sole discretion of the Chief of Police, may allow private parties and public agencies to contract with the City for additional police service, at a special detail assignment level pursuant to 29 U.S.C. 207 (pX1), (pXZ) and (p)(3), and 29 C.F.R. 553.227 et sequentes. The special detail assignment(s) performed by Police Officer/Police SpecialisUPolice Sergeant classes (hereinafter member[s]), shall consist of, but not be limited to, providing uniformed foot/vehicle patrol to a special events/contract law enforcement services event at the discretion of the Chief of Police. 8.2 PROCEDURES 8.2.01 Members assigned to special events/contract law enforcement services shall be volunteers selected from a special events and contract law enforcement services assignment list. The number and rank of the members assigned shall be determined by the Chief of Police, or designated representative. The Chief of Police may restrict a member from working extra duty for the good of the department. (1) Members who desire to be placed on the assignment list must have completed their probation. Members on sick leave, industrial injury leave, "temporary light duty," or leave of absence shall not be eligible. (2) The assignment list shall be the basis for all member assignments. Members who desire to be placed on the assignment list shall notify the Chief's designated representative. All Members on the assignment list shall be notified by City e-mail and may include one optional personal e-mail account when policing special events and/or contract law enforcement services positions are available. The member shall have seventy-two (72) hours to respond to the Chief's designated representative, via City e-mail only, listing desired assignment(s) in order of preference. Fresno Police Officers Association, Basíc Unit MOU 9/11t14 - 6t30t17 Page 72 (3) Positions shall be filled using the following process. The Chief's designated representative will sequentially number the e-mails, starting with the first member responding from the assignment list, and so on. The designated representative will then use computer spreadsheet software programmed to select a random number drawn from the sequential numbers assigned to the responding members. The random number selected will be the starting point for making assignments, and for filling the positions. lf the positions are not filled after through the entire list of nurnbers, the designated representative will continue through the list again, and so on, until all positions are assigned or a subsequent notification is issued. (4) Members who receive an assignment for special events/contract law enforcement services shall receive an e-mail notification containing: the date of the contract, the hours, the location, and the unit detail for the special events/contract law enforcement services event, any additional Officer(s) assigned to the same event, contact information for the event, and vehicle information. Any member who submits a request to work a contract assignment and is subsequently awarded a contract assignment shall not cancel their contract assignment to voluntarily work a department overtime assignment or AWS assignment that is awarded after the contract assignment. 8.2.02 Any member who fails to appear for assignment or fails to notify the designated representative of his/her inability to work the assignment, 24-hours prior to the begínning of the assignment schedule, shall be removed from the assignment list. Any member who is removed from the assignment list shall not be eligible for reinstatement to the assignment list for a period of six (6) months. Removal from the assignment list shall not be deemed a disciplinary action pursuant to Civil Service Board rules or a punitive action pursuant to Government Code Section 3303 (h), and is not appealable or grievable. Members performing special events/contract law enforcement seruices assignments shall be subject to all rules, orders, and procedures of the Police Department. ln no event shall a member performing special events/contract law enforcement services work be assigned to a job site where a labor union picket line has been established. 8.2.03 Once a Contract for Law Enforcement Services has been formally executed, Reserve Officers shall not be used to replace sworn members Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 73 8.3 for policing special events and contract law enforcement services. ln the event a Fresno Municipal Code ordinance concerning policing special events/contract law enforcement services is amended by Council, the parties agree to reopen meet and confer on this subsection (8.2.03) at the request of either the City or the Association. Requests for special events policing and/or contract law enforcement services will first be filled by volunteer members available through the assignment list. lf no volunteer members are available, the vacancies may be filled by Reserve Officers. 8.2.04 Generally, calls for service within the special events and contract law enforcement services policing areas may be handled by regularly assigned FOD area patrol units. However, members performing special events and contract law enforcement services may be assigned to handle calls for service that are consistent with the duties requested by the contracting party, 8.2.05 Officer working conditions for the Big Fresno Fair shall be established by mutual agreement between the Big Fresno Fair, City of Fresno and the Association, and shall be reflected in a corresponding agreement between the parties, COMPENSATION 8.3.01 The rate of pay for members occupying Police Officer/Police Specialist classes who are working special events and contract law enforcement services assignments shall be at the time and one-half rate for ß* * * CD Step Police Officer. The rate of pay for members occupying the Police Sergeant class who are working special events and contract law enforcement services assignments shall be at the time and one-half rate for "* * * C" Step Police Sergeant. Compensation for Officers/Sergeants for all special events detail assignments worked at the Big Fresno Fair shall be by separate check no later than the last pay period in November of the year the Big Fresno Fair special events detail assignment is worked. 8.3.02 The hours worked, and pay received for specíal events and contract law enforcement services assignments, shall not be credited toward years of service for retirement benefits or regular overtime. Educational incentives shall not apply to the special events and contract law enforcement services assignment rate of pay. When a vehicle has been requested, one half (112) hour of time shall be added to the beginning time of the contract to allow for vehicle check out/in. Fresno Police Officers Association, Basic Unit MOU 9/1 1l't4 - 6130t17 Page 74 8.3.03 The parties agree that for the purpose of FLSA regulations, compensation paid for working special events and contract law enforcement assignments is at the applicable overtime rate, and shall not be considered compensation for pension plan benefits calculations. 8.3.04 A member repofting to an assignment site shall receive a minimum of four (4) hours pay regardless of actual time worked. Employment of more than four (4) hours shall be paid to the nearest tenth of an hour for the actualtime worked. 8.3.05 Any accident, illness or injury which arises out of or occurs in the course of employment in a policing special events and contract law enforcement services assignment shall be covered under the city's workers' compensation plan pursuant to Section 7,7. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 75 CHAPTER 9 HEADINGS MOU chapter, provisíon, and paragraph headings (includes exhibits, addendums, attachments and side letters) contained hereín are solely for the purpose of convenience, and shall not affect the constructíon or interpretation of any of the language of this MOU. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 76 CHAPTER 1O SAVI NG. CLAUSE/FULL UNDERSTANDING IO.I SAVING CLAUSE ln the event any chapter, section or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific chapter, section or portion thereof specified in the court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated chapter, section, or portion thereof. 10.2 FULL UNDERSTANDING It is intended that this MOU sets forth the full and entire understanding of the parties, and any previous understanding or agreement by the parties regarding all such matters are hereby superseded and terminated in their entirety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety. Those side letter agreements attached to this MOU shall continue in force subject to the terms and conditions set forth within each side letter. ln the absence of any specified term in any such side letter, they shall terminate upon the expiration of this MOU. Any new side letter agreement entered into during the term of this MOU shall continue in force and effect subject to the terms and conditions described in the side letter. ln the absence of any term in such new side letters, they, too, shall terminate upon the expiration of this MOU. This paragraph is not intended to prevent either party from relying on discussions which occurred during the meet and confer process for the purpose of clarifying the meaning of this MOU. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130t17 Page 77 CHAPTER 1 1 TERMINATION The provisions in this AgreemenUMOU shall be in full force and effect * * * from * * * September 11, 2014 through June 30, 2017 upon approval by the City, subject to Section 11.1, below. 11.1 11.2 11.3 This AgreemenUMOU shall become effective only after ratification by the members of the Association followed by City approval and the expiration of the waiting period for the Mayods action provided in Charter Sections 605 and 609, and shall remain in full force and effect through June 30, 2017 " * *. (lncorporated from 9130110 Side Letter Agreement Re: Compensation and Benefits Re-Opener.) The City and the Association previously agreed that the Mayor shall appoint one (1) Police Officer, as defined in Fresno Municipal Code ('FMC") Section 3-301 (p) (3) from a City management position and one (l ) firefighter as defined in FMC Section 3-301 (f) from a City management position as voting members to the Fresno Fire and Police Retirement Board under the authority as described in Section 3-305 (a) (1) of the FMC. ln the event any individual(s) so appointed fails to qualify, resigns, retires, or no longer qualifies to serve on the Board, the Mayor subject to the approval of the City Council shall appoint a replacement under the terms and provisions of this agreement within twenty (20) business days. lf a decision is approved by the Fire and Police Retirement Board to separate the commingled investments of the Fresno Fire and Police Retirement System and the Fresno Employees Retirement System, this agreement on Mayoral appointments to the Fire and Police Retirement Board shall immediately become null and void and the appointment provisions contained in FMC Section 3-305 shall apply. During the life of this AgreemenUMOU should either party desire to modify its terms or to meet and confer with the other party as to matters within the scope of representation which are not addressed in this MOU, the party requesting any change shall request ín writing to meet and confer on the item(s), which item(s) shall be specified in writing. During the term of this AgreemenUMOU, either party may refuse any request by the other to meet and confer without explanation if (1)the item is directly considered and specifically addressed he'rein; or (2) is directly considered and specifically addressed in any FMC section, charter section or provision, or resolution section, which section Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 Page 78 specif¡cally establishes wages, hours, or other terms and conditions of employment; or (3) the specific item was included in an initial written proposal from the party making the request during the meet and confer process which led to this agreement. No unilateral action on any such refused proposal may be taken by the requesting party after such a refusal by the other. It is further agreed, however, that this section shall new not prohibit the City from requesting to meet and confer on changes to federal or state statutes referred to or cited in this Agreement/Mou, and which impacts the implementation of this AgreemenUMOU, in which case the request to meet and confer shall not be refused. Fresno Police Officers Association, Basic Unit MOU 9/11t14 - 6t30t17 Page 79 lN WITNESS WHEREOF, the parties hereto have set their hands this _ day 2014. FOR THE FRESNO POLICE OFFICERS ASSOCIATION: FOR THE CITY OF FRESNO JACKY PARKS BRUCE RUDDPresident City Manager DAMON KURTZ JEFFREY CARDELL First Vico President Director of Personnel Services KEN DODD JERRY DYER Police Officer Chief of Police JOHN CONLEE Police Officer ROB BECI(V1/ITH Police Sergeant APPROVED AS TO FORt¡I Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130t17 Page 80 EXHIBIT I TABLE I NON-SUPERVISORY POLICE - UNIT 4 SALARIES - EFFECTIVE JULY 1,2014 STEP A B c D E F Police Officer Recruit 4391 4611 Police Offícer 5073 5327 5594 5874 6168 6477 Police Specialist 5073 5327 5594 5874 6168 6477 Police Serqeant 6',115 6421 6743 7081 7436 7808 TABLE II NON-SUPERVISORY POLICE - UNIT 4 SATARIES EFFEGTIVE JANUARY I 2015 SALARIES - EFFECTIVE JULY 1,2015 2o/o increase - 1o/o deferred from7l1l11 and 1% deferred from 111112 TABLE III NON-SUPERVISORY POLICE - UNIT 4 SALARIES - EFFECTIVE DECEMBER 3I, 2016 (2% increase) STEP A B c D E F Police Officer Recruit 4569 4798 Police Officer 5279 5543 5821 6112 6418 6740 Police Specialist 5279 5543 5821 6112 6418 6740 Police Serqeant 6363 6681 7016 7367 7736 8124 Fresno Police Officers Association, Basic Unil MOU 9/11114 - 6t30t17 Page 81 EXHIBIT II Non-Supervisory Police - Unit 4 EIP Master List" ID Name Hire Date Eligibility Required Eliqibilitv Date % l1 506 Attkisson.Craiq A 020184 Hard-coded NA 3,0% 02473 Boyer, Peter 092793 Enrolled 010197 01412 Brown. Paul R 121686 Enrolled 0101 97 00316 Cardenas, Eooie 1 01 686 Tuition reimbursemenl 1 10995 02640 Chamalbide,Gerardo C 052695 Hard-coded 01 01 97 3.O% 03773 Chandler, Sheila 021 690 Enrolled 0701 96 02000 Chastain, Curt 010187 Enrolled 01 01 97 00030 Fleischmann Jr, Nicholas 060696 Hard-coded 01 01 97 3.0% )0514 Flores,Sherree L 050179 Hard-coded 062894 3.0% 141 03 Franks, Chris 022093 Tuition reimbursement 01 31 97 11520 Galvan, John 041 686 Enrolled 01 01 93 )4072 Goertzen.Douolas S 092793 Hard-coded 01 01 97 3.0% 01 676 Gomez,MichaelA 01 01 87 Hard-coded NA 3.0% 03649 Grimm, Ronald 121693 Eliqible NA 00802 Hahn,Timothv P 't21693 Hard-coded 122895 3.0% 00214 -leinzman,Pamela J 041 690 Hard-coded NA 3.Oo/o 01 562 Hudson, Mark 0701 89 Tuition reimbursement 012496 0381 3 Hustedde,Larry N 052893 Hard-coded 01 0l 97 3.0% 03009 Jacobs,Nina C 1 001 84 Tuition reimbursement NA c41 63 Keeney, Mark 081 489 Enrolled 01 01 92 c1 932 Lincoln, Robert W 01 0s90 Enrolled 01 01 97 J2229 Mercado, Andv 01 I 882 Enrolled 0101 93 )0804 O'Dell,Ritchie B 101794 Hard-coded 0101 97 3.Oo/o l1 789 Owen,Bruce C 01 1688 Hard-coded 062894 3.0% 01815 Pinedo,John M 09'1688 Hard-coded NA 3.07o 02625 Pool.Kirk W 1 01 684 Hard-coded NA 30% 01682 rotts. Michael 101794 Tuition reimbursement 071 1 96 01012 Ramsey,David L 1 21 895 Enrolled 01 01 97 3.0% 03872 Reese,Douqlas G 010187 Tuition reimbursement 021 095 30% 01 045 Revnolds, Robert 101794 Enrolled 010197 01001 Robinson,David F 020184 Hard-coded NA 3.0% 01879 Roqers, Brian 0701 89 Enrolled 0701 91 04054 Smith, Clavton 102279 Enrollec 070192 02046 Stevens,Bradley W o12582 Hard-coded 010197 30% )2439 True,Gerald M 0601 86 Hard-coded 061 591 3 Oo/o )2050 Wilson Jr,Georoe H 121394 Hard-coded 071 1 96 3.0o/o t3361 Yano. Seno ("Steve")121394 Elisible NA NA=not available * = EIP Master List subject to EXHIBIT III INÏERPRETATION OF ISSUES REGARDING MOU SECTTON 7 .14.03 (5) AND SECTTON 7.15.03 (2) The parties agree to the following intent and application of MOU Section 7.14.03 Traffic Bureau, and Mou section 7.18.03 shift Detail/Assignments, as follows. 7.14.03 Traffic Bureau (5) Reductions/Reorqanization: ln the event of reductions of personnel from the Traffic Bureau, the TEU and NTU will be considered as one unit for purposes of applying the "last in first out" rule, 7.18.03 ShifUDetailAssignments (2) : ln the event of a departmental reorganization, or a reduction of personnel due to budget restrictions, which reorganization or personnel reduction causes the movement of special units, the movement shall be accomplished as follows: lf there are no volunteers to move, the "last in first out" rule shall apply within any affected unit. For purposes of this section, a "unit" will generally be defined as a specialized work group under the control of a supervisor. ln the case of like work groups each under the control of different supervísors, including but not limited Tactical Units, Traffie and Narcotics, said units will be considered as one unit for purposes of applying the "last in first out" rule. Subject to the special provisions listed below, personnel displaced pursuant to these provisions may be offered placement in other existing special unit vacant positÍons. Should no such vacancies exist, or be offered, and the movement will result in a return of personnel to patrol matrix duties, displaced personnel shall be allowed to "bump" the Officer/ SpecialisUsergeant most recently assigned from patrol matrix duties to a special unit provided there is a special unit vacancy, and assu me that OfficeriSpeci al isUsergeant's position. Ties in assignment date seniority shall be broken by department seniority, with the least senior being the one "bumped." Exceotion: There shall be no bumping from the Canine, Skywatch or Mounted Units. Exhibit lll lnterpretation of 7.14.03 (5) and 7.18.03 (2) Page 2of 3 lssue #1: Determination of movement of an Officer/SpecialisUsergeant most recently assigned from Patrol Matrix duties to a special Unit. lntenUApplication: The intent of the phrase "most recently assigned from Patrol Matrix duties designed to determine "Special Unit Seniority, "is to consider the total time the Officer/SpecialisUSergeant has been out of the Patrol Matrix, based on the date the Officer/SpecialisUSergeant first assumed a non-patrol assignment. Subsequent assignments from one Special Unit to another have no bearing on Special Unit "seniority." lssue #2: No bumping of Officers/Specialists/Sergeants who are offered an existing vacancy. lntenUApplication: The intent was never to subject an Officer/SpecialisUsergeant who was being reorganized to the jeopardy of being bumped as well. lssue #3: Determination of first Officer/SpecíalisVsergeant to bump another Off ice r/S peci a I isVSergea nt. lntenUApplication: The Officer/Specialist/Sergeant who has been out of a Patrol Matrix assignment the longest gets to pick first. Ties are broken by using department seniority. Since the intent is to ensure the Officer/SpecialisUsergeant who has been out of a Patrol Matrix assignment the longest has the best opportunity to stay in a special assignment, he/she gets first chance to bump. lssue #4: Bumping order. lntenUApplication: They must start with the most recently assigned Officer/ SpecialisUSergeant from a Patrol Matrix assignment. lf no Officer/Specialislsergeant eligible to do so selects the most recently assigned Officer/SpecialistiSergeant from a Patrol Matrix Assignment, then the bumping is done. However, ¡f an Officer/ SpecialisVSergeant does decide to "bump" the Officer/SpecialisVsergeant holding this position, the next most recently assigned Officer/SpecialisVsergeant from a Patrol Matrix assignment can be bumped by the next eligible Officer/SpecialisUsergeant. This process continues until each Officer/SpecialisUSergeant being reorganized has declined the opportunity to bump the most recently assigned Officer/SpecialisUsergeant from a Patrol Matrix assignment or until all Officers/Specialists/Sergeants most recently assigned from a Patrol Matrix assignment have been bumped. lssue #5: Subsequent Bumping lntenUApplication: lt was never intended to allow bumped Officers/ Specialists/Sergeants to, in turn, bump other Officers/Specialists/Sergeants. Officers/Specialists/Sergeants who are bumped did not have their positions elirninated Exhibit lll lnterpretation of 7.14.03 (5) and 7.18.03 (2) Page 3 of 3 due to department reorganization. Their positions still exist, they were just bumped out of it. lssue #6: Determination of bumping if the first eligible Officer/SpecialisUSergeant declines to bump an OfficeriSpecialist/Sergeant from the Patrol Matrix assignment and the second eligible bumps an Officer/SpecialisUSergeant from the Patrol Matrix assignment. IntenUApplication: Officers/Specialists/Sergeants participating in the bumping continue down the list of eligible Officers/Specialists/Sergeants, rather than starting from the top of the list each time. This eliminates the Officer/SpecialisVSergeant who picked first from having several opportunities to bump the most recently assigned Officer/SpecialisUSergeant from a Patrol Matrix assignment before the other Officers/Specialists/Sergeants can have an opportunity to bump. FRESilO POUCE DEPARTTENT DATE: TO: FROM: August 26,2014 JEFF CARDELL, DIRECTOR Pesonnel Services SU&IECT: CHIEF DESIG}.IATION OF UNITS THAT RECETVE PREMIUM PAY The follorfling unib arc anneirüyauthorized byttte Ctfef b rcæive premirrn pay o Garcer ûimhalAr¡to Thoft Team (CCAT)o Fresno Gca¡efirs. Dorvnþwn Policing Unit. trlAGEC. ì¡lorlrtsd Patol. Neif¡hborhood Trañc Unit (NTU). Skytmtctt. SücctVloþnæ Bureau TacilicalTeam (SVB'ff). Mce/lnþlfigonco¡ Vioþnt Crime lmpact Team (VClÐo Youür tiaison Offoor (YLO) cc: Rene Watahira, Business Manager cc: Fresno Police Offce/s Associat¡on FRESNO POLICE DEPARTMENT ATTACHMENT VI REPORT OF PERF'ORMANCE F'OR SWORN EMPLOYEES Month Probationary Evaluation Annual Evaluation Exit Evaluation Prepared by: DATE: I EMPLOYEE: EVALUATION PERIOD IRANK:FROM TO IASSIGNMENT: Ratings: (l) Unacceptable,(2) Needs Improvement, (3) Meets Standards, (4) Exceeds Standards, (5) Outstanding Obiectives: Criteria 12345 Customer Satisfaction: Works well with the public and with relationship with other agencies and organizations. Employee Satisfaction : Cooperates with co-workers, supervisors. Financial Management: Uses available resources, technology and equipment effecti vely, Values (ACT IT) Accountability: By this we mean that we take personal responsibility for our actions. Compassion: We care about and respect pcople, frust: Wc mean we believe in each other. Innovation: Seek new and creative ways to irnprove our business. Teamwork: We work together to achieve our Vision. Job Knowledge, Skills & Proficiency: Consider the employee's knowledge of department procedures and regulations, understanding of the scope ofassigned duties and the ability to perform those duties as directed. Quality and Accuracy of Work: Consider the accuracy, neatness and thoroughness ofwork produced, and the oral and written expression ofassigned duties. Decision Making/Problem Solving: Consider the employee's ability to identify problems, develop and implement solutions to impact the problems, and the achievement of desired results. Acceptance of Rcsponsibility: Consider the employee's motivation to seek and complete assignments without undue supervision. Appearance: Consider the employee's profcssional appearance and image, proper grooming, and cleanliness of duty attire. Attendance: Consider the employee 's attendance and punctuality. FR.ESNO POLICE DEPARTMENT REPORT OF PERF'ORMANCE FOR SWORI\ EMPLOYEES Month Probationary Evaluation Annual Evaluation Exit Evaluation Prepared by: DATE: I EMPLOYEE: EVALUATION PERIOD IRANK:FROM TO IASSIGNMENT: Compliance wÍth Regulations : Consider the employee's compliance with department procedures and policies and willingness to follow instructions. Performance of Duties: Accepts assignments and lollows through in a timely, effective, efficient and appropriate manner to meet deadlínes with minimum supervision. Demonstrates productive use of time, promptness in completing assignments, and daily planning to achieve results. Initiative: Consider the employee's performance in new situations, performance in emergencies, and ofhcer safety. Performance (when applicable) : Considcr thc supervisor's leadership skills, ability to complete assignments, assisting in employee development, maintaining proper discipline, making sound decísions, communication skills, and commitment to organizational goals. OVERALL VALUES RATING: This employee 's overall (Key Objectives and Values) rating is: FRESNO POLICE DEPARTMENT REPORT OF PERFORMANCE F'OR SWORN EMPLOYEES Month Probationary Evaluation Annual Ev¡luation Exit Evaluation Prepared by: DATE: IEMPLOYEE: EVALUATION PERIOD IRANK:FROM TO IASSIGNMENT: OVERALL REVIEW OF PERFORMANCE: RECOMMENDATIONS: ATTACHNIENTS: FRESNO POLICE DEPARTMENT REPORT OF PERF'ORMANCE FOR SWORN EMPLOYEES Month Probationary Evaluation Annual Evaluation Exit Evaluation Prepared by: DATE: IEMPLOYEE: EVALUATION PERIOD IRNNX:FROM TO IASSIGNMENT: FRESNO POLICE DEPARTMENT Month Pro bationary Evaluation Annual Evaluation _ Exit Evaluation REPORT OF PERFORMANCE FOR SWORN EMPLOYEES Prepared by: DATE: IEMPLOYEE: EVALUATION PERIOD IRANK:FROM TO IASSIGNMENT: FRESNO POLICE DEPARTMENT R.EPORT OF PERFORMANCE F'OR S\ryORN EMPLOYEES Month Probationary Evaluation Annual Evaluation Exit Evaluation Prepared by: DATE: IEMPLOYEE: EVALUATION PERTOD IRANK:X'ROM TO IASSIGNMENT: F'RESNO POLICE DEPARTMENT Month Probationary Evaluation Annual Evaluation Exit Evaluation REPORT OF PERFORMANCE F'OR SWORN EMPLOYEES Prepared by: DATE: IEMPLOYEE: EVALUATION PERIOD IRANK:F'RONI TO IASSIGNMENT: EMPLOYEE'S COMMENT: Driver's License No:Expires On: Pursuant to Government code 3306, apublic safety officer shall have 30 calendar days within which to file a written response to any somment entered in his/her personnel file. Such written response shall be attached to, and shall accompany, this evaluation. Employee's Signature Date Supervisor' s Signature Date Operations Commander' s Si gnature Date District Commander's Signature Date FRESNO POLICE DEPARTMENT REPORT OF PERFORMANCE FOR SWORN EMPLOYEES Month Probationary Evaluation Annual Evaluation Exit Evaluation Prepared by: DATE: I EMPLOYEE: EVALUATION PERIOD IRANK:FROM TO IASSIGNMENT: EXHIBIT VII Agreement between City of Fresno and Employee Organizations Representing City of Fresno Employees This agreement was reached in an effort to lower the current cost of the monthly health contribution rates between March 1, 2009 and June 30, 2010 as set by the Fresno City Employees Health and Welfare Trust (Trust) thereby assisting to ameliorate fiscal developments faced by the City of Fresno (City). The agreement also provides shoft term guarantees by the City for the unencumbered reserve of the Trust while setting a long term rninimum of four (4) months for the Trust unencumbered reserve. This agreement sets forth the full and entire understanding of the City and Bargaining Units whose representatives have signed this agreement regarding these matters. This Agreernent is efiective March 1, 2009 and will remain in force so long as the Trust agrees to maintain a health contribution rate that is calculated to maíntain a minimum of a four (4) month unencumbered reserve as calculated by the actuary selected by the Trust (actuary)' 1. This agreement will be effective only if the provisions below affecting the Trust are approvãd by a majority of affected represented bargaining units and the City Council and if the Trust sets a monthly health contribution rate of seven hundred twenty-nine dollars ($729) effective March 1, 2009 through June 30, 2010. 2. The partiesagreethat, forthe period March 1,2009through June30,2010, if the Trusi unencumbered reserve falls below a four (4) month unencumþered reserve as calculated by the actuary selected by the Trust for two (2) consecutive rnonths, the City will pay to the Trust an amount sufficient to restore the level of the Trust unencumbered reserve to four (4) months. 3. The restoration to a four (4) month unencumbered reserue must occur within 30 days notice to the City by the Trust's third party administrator. This payment by the City shall not be utilized in the calculation of the amounts due by the City and employees for established Trust health contribution rates. 4. Effective June 30, 2010 if the Trust unencumbered reserve is calculated by the actuary selected by the Trust to be less than a four (4) month unencumbered reservä, the City witt pay an amount to the Trust sufficient to restore the level of the unencumbeied reserve to four (4) months. This payment by the City shall not be utitized in the calculation of the amounts due by the City and employees for established Trust health contribution rates. 5. The parlies agree that, for the monthly health contribution rate effective July 1, 2O1A and for ãll subsequent monthly health contribution rates, the Trust will set a monthly health contribution rate not less than the rate calculated by the actuary Page 2 Agreement re: Health & Welfare Trust Reserue Employee Organizations representing City of Fresno Employees selected by the Trust necessary to maintain a minimum unencumbered reserve of four (4) months. 6. The parties will support amendments to the Trust necessary to implement this agreement. FOR THE FRESNO CITY EMPLOYEES ASSOCIATION : ASSOCIATION OF FIREFIGHTERS, LOCAL 753, BASIC UNIT: FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1OO: FOR THE CITY OF FRESNO MANAGEMENT EMPLOYEES FOR THE AMALGAMATED TRANSIT UNION, LOCAL 1027 ASSOCIATION, BASIC UNIT: .rr/ .,,r)-- -/ L't FOR THE FRESNO POLICE OFFICERS ASSOCIATION, MANAGEMENT UNIT: CITY OF FRESNO PROFESSIONAL EMPLOYEES ASSOCIATION: FOR THE FRESNO AIRPORT PUBLIC SAFETY SUPERVISORS: FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 753, MANAGEMENT UNIT: ASSOCIATION: Page 3 Agreement re: Health & Welfare Trust Reserve Employee Organizations representing City of Fresno Employees FOR THE CITY OF FRESNO: APPROVED AS TO FORM CITY ATTORNEY'S OFFICE DIjIIOFIjIIDIDI{O BETWEEN AND FOR THE CITY OF FRESNO AND FRESNO POLICE OFFICERS ASSOCIATION (Non-Su pervisory Police-Unit 4) FISGAT YtrARS 200æ12 September 11, 2014 - June 30, 2017 c=,(-)Æ =glrl(-, -r3 rrlfiËci=, rn ;=U rrl -.ñovg5 TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION PAGE Ghapter 1. PREAMBLE .....,.....11.1 PURPOSE ..,................11.2 DEF|N|T|ONS............ ...............,...11.3 GOVERNING LAWS .....................1 Ghapter 2. EMPLOYEE RIGHTS .............22.1 cENERAL - EMpLOyEE RtcHTS.............. ...................22.2 EMPLOYEE RESPONSIBILITIES .,..,............22.3 NOND|SCR|M|NAT|ON ................2 Ghapter 3. CITY RIGHTS ....,...43.1 GENERAL ....................43.2 SpECtFtC ....................4 Chapter 4. RECOGNITION ......................64.1 ASSOCTATTON RECOGNTTTON .........,,.........64.2 RECOGNTTTON OF UNIT DESCRtpTtON.......... ............64.3 CtTy RECOGNTTTON ...................64.4 RECOGNTTION OF MUTUAL OBLlcATlON.......... ........74.5 STRTKES .....................74.6 UNTLATERAL ACT|ON.........,..,. .......,............7 Ghapter 5. SCOPE OF REPRESENTATION ............8s.1 GENERAL .....................85.2 REPRESENTATION ............,,.......8 Ghapter 6. DUES DEDUCTION ...............96.1 DUES CHECKOFF.............. .........96.2 DUES DEDUCTION CHECK ......106.3 ASSOCTATTON BUSINESS......... ................10 Chapter 7. COMPENSATION AND BENEFITS ........... ............127.1 GENERAL ..,...............127.2 SALARIES AND PENSION CONTRIBUTION ..............12 .01 Salaries ....,......12.02 Pension Contribution............... ..........12.03 DROP Participants and Retirees... ......,..............15.04 Retirement Calculation............... .,.....18 7.3 OVERTTME AND COMPENSATORY T|ME OFF (CTO)........,......197.4 PREMTUM pAy.......... ....,..,.........20 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page i TABLE OF CONTENTS CHAPTER / SECTION / SUBSEGTION PAGE .01 Police Specialist.. .............20.02 Specialized Assignments......... .........20.03 Patrel Training Officer/Specialist/PTO Coordinator.............22.04 Bomb Squad ................,...23.05 Life lnsurance ........... .......23.06 Special Duty Pay (Training Unit) ........ ..............23.07 Night Sh¡ft......... .,.............23.08 Motorcycle Duty Hazard Pay...... .,.,...24.09 BilingualCertification Program ..........24.10 Education lncentive Plan (ElP) .........25.11 P.O.S.T. Certificate Pay.......... .,...,....26 7.5 FRESNO CITY EMPLOYEES' HEALTH AND WELFARE TRUST.........,,277.6 SERVTCE UNTFORM ALLOWANCE......,...., ...,.......287.7 WORKERS'COMPENSAT|ON ...........,.297.8 COURT APPEARANCES ,,..,297.9 TAKE-HOME VEH|C1ES............ .,.......,32 7.10 WELLNESS PROGRAM DEVELOPMENT COMMITTEE ........................32 7.11 TrME CHANGE ....................33 7.12 LEAVES ..,,.35 .01 Sick Leave .................35.02 Retirement Attendance/Health lncentive .....35.03 Health Reimbursement Arrangement (HRA)....... .,........36.04 Family Sick Leave ......39.05 Vacation Leave ,.........39.06 Holiday Leave ......,.....40.07 Family Events ............43.08 Guaranteed Leave .....43.09 Vacation Leave Bidding ,........,....45.10 Requests for Leave of Absences............... .............,..,..45 7.13 HOURS AND WORK SCHEDULES, MATRIX ASSIGNMENTS, DUTY OFFICE, NON-MINIMUM STAFFING, POLICE RESOURCE OPTIMIZATION SYSTEM, AND ABSENT WITH SUBSTITUTE AND PROXIM|TY DETA|L.... ................,4s .01 Hours and Work Schedules ........45.02 PatrolWork Schedule/Matrix......... ..............47.03 Patrol Schedule Exploratory Committee ......49.04 Duty Office .............,...49.05 Non-Minimum Staffing-Flexing of Hours ,..,..50.06 Staff Wizard/Corona Solutions.. .,.....,...........51 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page ii TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION PAGE .07 Absent with Substitute (AWS)..........,..... ......51.08 Proximity Detail .........53 7.14 ASSIGNMENTS, COVERAGE & HOURS - EXCEPTIONALPROV|SrONS............ ...........s4 .01 Patrol Matrix (Supervision).............. .,..,..,.....54.02 Special Units - Flexing of Hours... ...,............54.03 Traffic Bureau ...,........55.04 Canine Unit....,..... ......57 7.Is FTLLING SpECtAL ASSrGNMENTS.,........ ..".,........61 7.16 DURATION OF ASSIGNMENT - SPECIAL UNITS ONLY ......66 7.17 CAREER DEVELOPMENT PROGRAM .................68 7.18 SENIOR|TY.............. ............68 7.19 FEDERAL DRUG POLICY (Federaf Omnibus Transportation Employee Testing Act).......... .....71 7.20 GENERAL TESTING GUIDELINES FOR EMPLOYEES NOT COVERED BY THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ....,...,72 7.21 ADM|NISTRATTON OF PERSONNEL ACTIONS ....................73 7-22 SUC€ESS PtAN âod ATTACL{MENTS ,,,,,,,,,,,-,.,-,,,,,,,,,,,,,,.,,,.,,,,,,,,-,,,,,70 7.22 DISCIPLINARY PROCEDURES ...........74 7.23 lN LIEU OF SUSPENSTON ...................75 7.24 USE OF A HEARING OFFICER IN DISCIPL]NARY ACTION tNtTtATED By CtTy .............75 7.25 ADMTNTSTRAT|VE HEARTNG PROCEDURE........... ..............75 7.26 GR|EVANCES............ ............77 Grievance Procedure ..................77 lnformal Process.... .....................77 Formal Process.... ......77 Formal Filing Procedure ..,,,........78 Chapter 8. POLICING SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENTSERVICES ..........82 Fresno Police Offícers Association, Basic Unit MOU 9/11114 - 6/30i17 (Redlined Version) .01 .02 .03 .04 8.1 8.2 8.3 Page iii TABLE OF CONTENTS CHAPTER / SECTION / SUBSECTION PAGE Ghapter 10. SAVING CLAUSEiFULL UNDERSTANDING... ......87 10.1 SAVTNG CLAUSE.. ......,,.............87 10.2 FULL UNDERSTAND¡NG... ,.......87 Chapter 11. TERMINATION.. ...................88 EXHIBITS I SALARIES-Non-Supervisory Police-Unit 4 .....91ll EIP Master List e lf l Agreement on Application of Section 7.14.03 (5) and Section 7.18.03 (2)lV Police Chief - Premium PaysV Retirement and Performance Evaluation Side LetterVl Performance EvaluationVll Agreement between City of Fresno and Employee Organizations Representing City of Fresno Employees dated February 24,2009 LEGEND Office(s) =member(s)whereapplicable *** =oldlanguagedeleted [S deleted] = section/subsection deleted [$$ deleted] = two or more sectio ns/subsections d eleted bold type = new language Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page iv 1.1 CHAPTER 1 PREAMBLE PURPOSE This Memorandum of Understanding, hereinafter MOU, entered into between the City of Fresno, hereinafter referred to as the City, and the Fresno Police Officers Association, hereinafter referred to as the Association, has as its purpose: to establish wages, hours and other terms and conditions of employment for members of this Unit. This MêU is extended fer a twe year peried ef time frem Upon approval by the city, other than the modifications set forth herein, the parties agree that until this MOU terminates on ¿cÊe-€0'-2015 June 30, 2017. All economic benefits currently afforded to affected members shall remain intact without modification unless othenruise agreed to in writing by the parties. 1,1,01 Effeetive July 1,2009 threugh June 30, 2014, the parties agree ther+will @exduding demetiens-fer diseipl¡nary eause) ef any t, ien- DEFINITIONS Unless the particular provision or the context othen¡vise requires, and, except to the extent that a particular word or phrase is othen¡vise specifically defined in this MOU, the definitions and provisions contained in Article 3 of Chapter 1, Sections 3-101 ,3-201, 3-301, and 3-603 of the Fresno Municipal Code, (hereinafter FMC), shall govern the construction, meaning, and application of words and phrases used herein. The definition of each word or phrase shall constitute, to the extentapplicable,thedefinitionofeachwordorphraseffi,or from which it is a derivative@. GOVERNING LAWS The employer-employee relationship between the City and its employees and the City and the Association is governed by Chapter 10 of Division 4 of Title I of the Government Code (Section 3500 et seq., commonly known as the Meyers-Milias- Brown Act), applicable provisions of the Public Employment Relations Board (PERB), the Public Safety Officers Procedural Bill of Rights Act (POBOR), as may be amended from time to time, and Article 6 of Chapter 3 of the FMC. ln the event of any conflict between said laws and thís MOU, or in the event of conflicts in interpretation, said laws shall govern. 1.2 1.3 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 1 2.1 CHAPTER 2 EMPLOYEE RIGHTS GENERAL - EMPLOYEE RIGHTS Except as othen¡uise provided in this MOU, the rights of employees include those set forth in FMC Section 3-604, and said section presently reads as follows: "Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment. Employees shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employees shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee or an employee organization because of his exercise of any of these rights, No management employee or confidential employee shall act as a representative of any employee organization which represents employees other than management employees or confidential employees. " EMPLOYEE RESPONSIBI LITIES All employees in the Non-Supervisory Police Unit, hereinafter Unit, acknowledge that the City shall consider the positions and proposals of the Association as the meet and confer positions and proposals of all employees, individually and collectively, in said Unit. NONDISCRIMINATION The provisions of this MOU shall apply equally to and be exercised by all members of the Unit consistent with state and federal nondiscrimination statutes. 2.3.01 A member seeking to utilize the grievance procedure, claiming a violation of Section 2.3, shall make an election of remedies between arbitration, and any other remedy available at law, through local, state, or federal law. The election of remedy shall take place at the step in the grievance procedure leading to final and binding arbitration. 2.2 2.3 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 2 2.3.02 When a member seeks to go to arbitration claiming a violatíon of Section 2.3, the member, the City, and the Association shall enter into an agreement which provides that in exchange for the member's commitment to voluntarily determine the matter through arbitration, the member agrees to waive the member's right to pursue any other remedy othenruise available through local, state, or federal law. Said agreement shall comply with all statutory and judicial requirements, and contain a provision that the member has been advised of the member's right to consult an attorney and/or local, state, or federal anti-discrimination agency regarding the member's discrimination claim and that the member's consent to the agreement is voluntary and knowing. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 3 CHAPTER 3 CITY RIGHTS 3.I GENERAL Except as othen¡vise provided in this MOU, the rights of the City include those rights enumerated in FMC Section 3-605, as the same may be amended from time to time. 3.2 SPECIFIC 3.2.01 The exclusive rights of the City include, but are not limited to, the right to: (1) determine the missions of its constituent departments, dívisions, commissions, and boards; (2) set standards of service and municipal fees and charges; (3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion; (4) direct its employees; (5) take disciplinary action; (6) relieve its employees from duty because of lack of work or for other legitimate reasons; (7) maintain the efficiency of governmental operations; (8) determine the methods, means, and personnel by which government operations are to be conducted; (9) determine the content of job classifications; (10) take all necessary actions to carry out its mission; (11) exercise complete control and discretion over its organization and technology of performing its work." 3,2.02 The rights of the City include the determination of staffing levels, including but not limited to, staffing by shift and class. Minimum staffing Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 4 levels, by shift, area, and day of the week, shall be established by appropriate departmental order. 3.2.03 All other rights formerly or presently enjoyed by or vested in the City on the effective date of this MOU and not mentioned in Section 3.2.01 are retained by and reserved to the City. 3.2.04 Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. 3.2.05 This MOU is not intended to restrict consultation in good faith with the Association regarding matters within the right of the City to determine. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 5 4.1 CHAPTER 4 RECOGNITION ASSOCIATION RECOGNITION The City acknowledges the Association as the recognized employee organization representing the Unit, and shall meet and confer in good faith promptly upon request by the Association and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1) week prior to the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. ln order that the meet and confer process includes adequate time for full consideration of the proposals of both parties and for the resolution of impasse, the City shall accept meet and confer process proposals from the Association as early as çeg+uary+-Z++Z February 1,2017 and will be prepared to commence the actual meet and confer process no laterthan Mareh 1;2012 March 1,2017. RECOGNITION OF UNIT DESCRIPTION The Non-Superuisory Police Unít consists of all employees holding a permanent position, as defined in FMC Section 3-202 (pX4), in one of the following classes (hereinafter collectively referred to as member unless otherwise specified), as such Unit may be modified from time to time pursuant to the provisions of the FMC: Police Officer Recruit Police Officer Police Specialist Police Sergeant CITY RECOGNITION The Association recognizes the City Manager of the City, or such other person as may be designated in writing, as the designated representative of the City pursuant to FMC Section 3-615, and shall meet and confer in good faith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1) week prior to the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. 4.2 4.3 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 6 4.4 RECOGNITION OF MUTUAL OBLIGAT]ON The Association and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in, this MOU. STRIKES No unlawful strikes of any kind shall be caused or sanctioned by the Association during the term of this MOU. UNILATERAL ACTION ln the event the meet and confer process for a successor MOU results in an impasse, as defined in the FMC, the City shall not take unilateral action regarding wages, hours, and other terms and conditions of employment prior to the completion of the impasse procedures, including, but not limited to, mediation and fact finding as outlined in the FMC. 4.5 4.6 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 7 CHAPTER 5 SCOPE OF REPRESENTATION 5.1 GENERAL "Scope of representation" means all matters relating to employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. Employee rights, as set forth in FMC Section 3-604, and City rights as set forth in FMC Section 3-605, are excluded from the scope of representation. The Association is the exclusive representative of all employees holding a permanent position (includes probationary employees) within those classes in the Unit, as defined in FMC 3-202 (p) (4). 5.2 REPRESENTATION The City will not interfere with, or discriminate in any way against, any employee by reason of his or her membership in the Association. The Association agrees to represent Unit members in a manner consistent with the requirements of the Meyers-Milias-Brown Act, POBOR, and applicable state and federal regulations. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page I CHAPTER 6 DUES DEDUCTION 6.1 DUES CHECKOFF Rules governing dues check-off are set forth in the FMC Section 3-620. 6.1.01 The Association member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When a member is in a non-pay status for an entire pay period, no dues deduction shall be made from the future earnings to cover that pay period, nor will the member be required to deposit the amount which would have been deducted if the member had been in a pay status during the pay period. ln the case of a member who is in a non-pay status during only a part of the pay period and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. 6.1.02 The CÍty shall deduct the dues or benefit premiums, or both, upon proper authorization by Association members in the Unit. 6.1.03 lf a member in the Unit desires the City to deduct dues or benefit premiums from the member's paycheck, a deduction authorization shall be made upon a Dues Deduction Authorization eerd. 6.1.04 A Dues Deduction Authorization eard may be revoked by a member in the Unit, and the dues or benefit deduction canceled, only during the months of November and December of any year. 6.f.05 lf a member in the Unit desires to revoke prior dues deduction authorization Gerd, a dues deduction revocation shall be made upon a Dues Deduction Revocation earc request. 6.1.06 Upon written authorization by a retired member of the Association, the City shall deduct credit union payments and Association dues monthly from the retirement check of such retired member and forward same to the credit union or Association as designated in such authorization. 6.1.07 Dues Deduction Authorizatton and Revocation cards are available at the Finance Department, Payroll Section, and Operations Division of the Personnel Services Department. Fresno Police Offícers Association, Basic Unit MOU 9/11114 - 6130117 (Redlíned Version) Page 9 6.2 6.3 DUES DEDUCTION CHECK 6.2.01 The dues deduction check covering all such deductions shall be transmitted to the Fresno Police Officers Association. 6.2.02 The dues deduction check shall be made in favor of the Fresno Police Officers Association. 6.2.03 A dues deduction check will be transmitted at least monthly. ASSOCIATION BUSINESS 6.3.01 Association members shall have their monthly vacation leave accrual levels (denoted in Section 7.12.05(1), vacation leave), reduced by .583333 hours per month, which shall be placed in a time bank and administered by the department for Association business use. Members designated by the Association may, with the approval of the depaftment, attend to direct Association business, including such activities as attendance at Association membership and Board meetings, PORAC and other similar conferences, and direct involvement in charitable Association activities. Time banked under this provision may also be designated by the Association to cover members who AWS for designated Association members who are attending to Association business. The department is not required to grant time off for Association business if it will require fillíng the position on an overtime basis. 6.3.02 The Association President and First Vice President may use the time banked under this provision for Association business to a maximum of 40 hours per week each. ln the event the President or First Vice President of the Association is required by the FPOA Board to commit additional time beyond 40 hours per week to perform his/her duties as President, he/she shall be permitted to draw additional hours up to an amount not to exceed 40 hours per calendar month each. Any Association leave hours utilized by the President or First Vice President in excess of 40 hours per week shall be transferred to the President's or First Vice President's compensatory or holiday time bank. ln the event of an emergency requiring significant extraordinary deployment of department personnel, the Association President and/or First Vice President may be required to return to regular duty for a period not to exceed thirty (30) consecutive days. An Association President and/or First Vice President who leaves office shall be returned to the previously held assignment, or other assignment as mutually agreed to by the Chief of Police and the returning member. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 10 6.3.03 Any time spent by the Association President, First Vice President and by members designated by the Association to be on such business, shall be deducted from the Association's time banked balance. lt is further agreed by the parties that once accrued vacation leave is donated to the Association, the City no longer has any obligation to compensate, either in cash or in equivalent time off, such members. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 1 1 7.1 7.2 CHAPTER 7 COMPENSATION AND BENEFITS GENERAL All economic benefits, provided by Council ordinance or formal Council resolution and not othen¡vise clearly and explicitly modified or restricted in thís MOU, shall be continued without alteration during the term of this MOU. SALARIES AND PENSION CONTRIBUTION 7.2.01 Salaries S{êp-[q€r€€€e ( Defe rred ) Th e ê la sse@ee;ialis,trs-and @-d inerease sehed+¡led_t+åe{r¡ êeiv€dJefl u@ereen+|%þa{a+y in€fea€æGh€duled te be reeeived Jury 1-2011, an#ne+ercenE(¡+) @le+ (1) Effective July 1, 2014, salaries shall be those reflected on Exhibit l, Table l. (2) Effective January July 1 ,2O15, salaries for the classes of Police Officers, Specialists, Sergeants and Police Officer Recruits shall be increased by two percent (2%) sata+y--inerease, as reflected on Exhibit l, Table Vll ll. (3) Effective December 31, 2016, salaries for the classes of Police Officers, Specialists, Sergeants and Police Officer Recruits shall be increased by two percent (2%) iner+ase, as reflected on Exhibit l, Table lll. 7.2,02 (¡neerperated fro Pension Contribution -ene pereent (17o) teward a Peliee Offieer/Speeialist and Peliee inue te pay ene pereent (17ù teward these memþers' share ef h¡s/her member Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 12 p€nsien-e€{€ule+ien€; n¿emUers Cfeet¡ve ¿ulpensi ve, the City wil.l pay eareulated by multiplying ene pereent (1%) tirnes the member's shal{ be ineluded in the empleyees biweekly payeheek- The @ te the rnenthly allewanee fer retirees shall be ealeulated pursuant te FMG Seetiens 3 301 and 3 302 utilizing beth the deferred salary inereases and ene pereent (1%) pension eontributien, (1) Effective September 22, 2014, the one percent (1%l contribution paid by the City of the employee's required retirement contribution shall be discontinued. On the same date, the existing one percent (1%) supplemental payment for an employee in DROP shall be discontinued. (21 Employees in Tier 2 hired on or after September 11, 2014, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the Gity retirement contribution by a corresponding amount. ln accordance with lnternal Revenue Code Section 414(hX2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee's accumulated contribution account nor will it be deposited into a member's Deferred Retirement Option Program ("DROP") account. This provision will terminate on implementation of Section 7.2.02 (4) below. (3) Effective September 22, 2014, employees in Tier 1, and employees in Tier 2 who were hired before September 11, 2014, including those employees in DROP, shall make an Fresno Police Officers Association, Basic Unit MOU 9/1 '1114 - 6130117 (Redlined Version) Page 13 (4) additional contribution equal to one percent (1%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by a corresponding amount. ln accordance with lnternal Revenue Code Section 414(hl(21 and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the one percent (l%) contribution in cash. The one percent (1%) contribution paid by the employee will not be credited to an employee's accumulated contribution account nor will it be deposited into a member's Deferred Retirement Option Program ("DROP") account. This provision will terminate on implementation of Section 7.2.02 (4) below. With the support of the Association, the Gity will make effortsto amend the Municipal Code to allow the additional contribution amounts above in Section 7.2.02 (2) and 7.2.02 (3) to become part of the Member Normal Gontribution Rate. When the Municipal Code is so amended, the Gity and the Association agree that, on the first pay period following the date the new FMG provision goes into effect, all of the following will apply: (a) The Member Normal Contribution Rate for members of Tier 2 in the Fire and Police Retirement System hired on or after September 11, 2014, shall be twelve percent (12%1. (b) Active members in Tier 2 who were hired before September 11, 2014, shall have their Normal Contribution Rate increased from nine percent (9%) to ten percent (10%). (c) Members of Tier I in the Fire and Police Retirement System shall have their Member Normal Contribution Rate increased by an additional one percent (1%) which will be added to their existing Entry Age Normal Gontribution Rate effective with the change in the FMC in accordance with this Section. (d) Members who entered DROP prior to March 7,2011 are not required to make Member Normal Gontributions in Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page'14 (e) accordance with the provisions in the Fresno Municipal Gode. Members who enter DROP on or after March 7, 2011 are required to make Member Normal Contributions as per Section7.2.02 (4) (al through (c), and their Member Normal Contributions shall continue to be deposited into the member's DROP account. (5) Employees who separate City employment regardless of reason and withdraw their employee contributions from the Fire and Police Retirement System between September 22, 2014 and the effective date of a Fresno Municipal Gode amendment pursuant to the provisions in Section 7.2.02 (41 will have an amount refunded by the City equal to the additional amount contributed in accordance with Sections 7.2.02 (2) or Section 7.2.02 (3)above. 7.2.03 DROP Participants and Retirees pereent{l }+alap'inerease shall be ineluded in any retirement iee in-any retírement i€e (3) Þ^+¡.^-^^+hP^D Effeetive January 1, 2012, the.deferred one inel rd"4 i,* "n,, r"tir"nl"n* iee retirernent or by disability retirement, er enter ÐROP- 1' Jury 1, ir retiremenLbenefít er DROP ealeulatien shall net be entitled te alse their retirement bene{it er DROP ealeulatien, Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 15 (5) llramharo rvhn r^fira n¡ an+nr ñt)fìD an€l fegeive the JAnUery 1- F€ha{-rq€{ selery h€reaseste tþ P GalÊulatien= (1) RetiremenUDROP - lt is the intent of this Section 7.2.03 to hold members harmless from any negative impact from the following deferred salary increases. Therefore, the deferred salary increases listed in this subsection (1) below shall be included, if appropriate, in any retirement benefit or DROP calculations pursuant to the applicable FMG sections for members who separate from City service by seruice retirement or by disability retirement, or enter DROP. Effective January 1,2011, One percent (1%) Effective July I ,2011 Two percenl (2%l Effective January 1,2012, One percent (1%) (21 With respect to Section 7.2.03 (1), members who retire or enter DROP and are credited with the January 1, 2011, July I , 2011 and January 1, 2012 deferred salary increases in their retirement benefit or DROP calculation shall not be entitled to also add the July 1,2014 and July 1,2015, salary increases set forth in Section 7.2.01to their retirement benefit or DROP calculation. DROP Participants and Retirees (Tier 1) - Adjustments effective January 1,2011, July 1,2011 and January 1,2012to the monthly amount deposited for DROP participants and monthly retirement benefit allowances for retirees shall include all deferred salary increases from Section 7.2.03 (1) and be calculated pursuant to FMG Sections 3-301 and 3-302. DROP Participants and Retirees (Tier 1) who are credited with the January 1, 2011, July 1,2011 and January 1,2012, deferred salary íncreases as adjustments to their monthly deposited allowances for DROP and monthly retirement alfowances, shall not be entitled to also add the July 1 ,2014 and July 1,2015, salary increases set forth in Section 7.2.01 as adjustments to their monthly DROP and retirement allowances. (3) (4) 7-2Ã4- Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 16 €tiv€-Ja€uary+ I fer DROP partieipents and menthly retirement benefit allewanees fer retirees sha{l inelude all deferred sa.lary inereases frem Seetien 7,2-01 and be ealeulated pursuant te-FMe Seetiens 3-301 and 3-W 1;2011' July 1' 2011 and January L 20¡2; deferred salary s,ha{l-net be entitled te also add the July 1, 201 1 and Jenuar}, 1, nts te their menthly retirement a+l€wan€esr (5) ÐROP P^rticipants+nc+et¡+ees-{+¡€++l-ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recent full calendar yeæ decrease below the CPI percentage for the full calendar year immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decreases in excess of the members'/retirees' cost of living banks shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years. ffier 1) - An actuarial study will be conducted on amendíng FMC Sections 3-302 (g) and 3-301 (a) (9) for Tier 1 members. Upon completion of the actuarial study, there will be a limited reopener of the MOU to negotiate solely on amending those provisions with respect to retirement calculations. The cost of the actuarial study will be shared equally by the City and the Association. Tier 1 DROP participants and Tier I retirees were previously granted a total of four percent (4o/ol in cost of living increases based on the salary deferral language in the previous MOU only; deferrals included a one percent deferred pay increase in January 1, 2011, a two percent in July 1,2011, and a one percent in January 1,2012. On July 1, 2014, active employees received a two percent (2%l salary increase which offset two percent (2o/ol of the four percent (a%) deferred salary increases that were credited previously as cost of living increases. The remaining two percent (2o/ol deferued cost of living increase for Tier 1 DROP (6) (7) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 17 part¡c¡pants and retirees will be offset by the July I , 2015 salary increase in Section 7.2.01(1) of this MOU. The cost of living calculation for Fiscal Year 2017 lo¡ Tier 1 DROP participants and Tier I retirees will include the December 31, 2016 salary increase in Section 7.2.01(21 in accordance with the cost of living calculations of cost of living calculation provisions contained in the Fresno Municipal Code. 1Æ5 7.2.04 RETIREMENT CALCULATION Effective July 1 ,2011, a Tier 1 member who is demoted for economic or reorganization purposes and who separates from City Service by service retirement or disability retirement without entering into DROP shall have their retirement benefit calculated using the member's highest average monthly compensation earnable by the member during any thirty-six (36) consecutive month period of service instead of the average monthly compensation earnable by the member during the last three (3) years of employment with the City of Fresno Police Department. 73Ag 7.2.05 Employees hired into classes which have step increases will move from Step "A" to Step "8" on the anniversary date which is twelve (12) calendar months from the date the employee was permanently appointed to the current class. L2-11 7.2.06 Upon successful completion of one (1) year of service as a Police Officer Recruit, Recruits shall be appointed as a Police Officer using the rules applicable to flexible staffing, and shall be on probation for six (6) months as a Police Officer. All other Police Officer hires shall serve a one (1) year probationary period. +242 7.2.07 A Police Officer and/or Police Specialist assigned to be an Acting Sergeant under the provisions of FMC Section 3-260 or appointed to a provisional Sergeant position under the provisions of FMC Section 3-258, shall be paid for such assignment at whatever step is closest to, but not less than, the Officer's regular base salary plus the Training Officer premium pay. ln no case shall an Officer be paid at a rate higher than the highest Step for Sergeant. Acting or provisional Sergeants she{-€€{qtinu€-te will not receive P Training Officer (TO) premium pay. FreSno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 1B 7.3 7+A37.2.o8@WhenaPoliceofficerorPoliceSpecialistis promoted to Police Sergeant, the promoted Officer shall be pfaced in Step D of the new salary range, or the step which provides at least three and one-half percent (3 %%) above base pay, whichever is greater. Officers promoted to Sergeant on or after November 1, 2007, and prior to July 1,2009, will retroactively be placed at Step D, however, will maintain their current anniversary date for step advancement. oVERTIME AND COMPENSATORY T|ME OFF (CTO) 7.3.01 The work day for members shall be eight (S) or ten (10) consecutive hours (or the designated twelve (12) hour work shift for Proximity Detail). Pursuant to Section 7(k) of the FLSA, the City has established a twenty- eight (28) day work period for law enforcement personnel. However, except as may be othenruise provided in this MOU, any time worked in excess of the eight (8), ten (10) or a twelve (12) hour day, or in excess of the forty (40) hour work week (or the designated thirty [30] hour/fifty [50] hour work schedule for Canine Officers and Officers assigned to patrol matrix and D€$F Tactical units or the designated thirty-six (36), forty (40) or forty-four (44) hour work schedule for Officers assigned to Proximity Detail), including mandatory training whether as a studenUinstructor, shall be compensated as overtime. 7.3.02 When a member is in transit outside the City to attend training, the travel time will be compensated at the member's base/straight time rate of pay. 7.3.03 Overtime, whether in cash or CTO, shall be at one and one-half (1 %) times the base rate of pay. 7.3.04 Members on vacation leave may be permitted to work overtime by notifying the department of their desire to work. 7.3.05 Call back shall be paid at a minimum of three (3) hours at the rate of time and one-half (1 %\.Any time worked prior to the beginning of a shift or immediately following a shift shall not be considered as call back and shall be compensated at the applicable hourly rate, 7.3.06 Contact with a member by telephone, at any time other than during the member's regular shift, for the purpose of obtaining additional information or clarifying work performed, shall be compensated at the applicable hourly rate, to the nearest 1/1Oth of an hour, but in no event shall the member be paid for such phone contact of less than six (6) minutes. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 19 7.4 7.3.07 A member who has worked more than eight (8) hours or ten (10) hours on any one work day shall not be involuntarily required to adjust a subsequent shift or work day in that same work week to avoid the payment of overtime. The depaftment is under no obligation to grant CTO or vacation on the subsequent day. 7.3.08 Members may elect to accrue CTO in lieu of cash payment for overtime hours worked. CTO is accumulated at the applicable straighVbase time, time and one-half, or double time rate for the time worked. CTO is to be used for time off, and is subject to approval in the same manner as vacation. ln the event the department is unable to approve a CTO time off request, the department shall compensate the member in cash at the applicable straighUbase time rate of pay for the amount of CTO time off the member requested but was not approved. (1) Members may accrue a CTO balance not to exceed 120 hours, except as othenruise provided herein. Members who have reached the maxirnum accrual (120 hours) shall be given cash payment for additional overtime hours worked until such balance has been reduced below the maximum allowable amount (120 hours). (2) Members may request payment for any CTO leave balance. (3) The parties will continue to meet and confer concerning the manner in which CTO can be used. However, there shall be no change to this subsection without mutual agreement of the parties. PREMIUM PAY Premium pays provided in Sections7.4.02,7.4.03 and 7,4,05 7.4.06, shall not be stacked. Monthly rates of premium pay will be paid on a biweekly basis. 7.4.01 Police Specialist - Any Officer assigned as a Police Specialist prior to May 31, 1988 shall remain a Police Specialist thereafter during that Officer's career, until the Officer retires, resigns, voluntarily demotes, is promoted, or is involuntarily removed. 7.4.02 Specialized Assiqnments - Employees occupying the Police Officer class, the terminal class of Police Specialist, and Police Sergeant in assignments which require specialized tactical equipment and/or specialized tactical training, and flexing of work hours without notice, as determined solely by the Chief of Police or designee, shall receive premium pay of $275 per month above the member's base rate of pay, Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 20 with the exeeptien ef Pilots and Flight lnstrueters assigned te Skyryeteh whe shall reeeive the premium pay ameunts as set ferth belew, This p remi um pay is com pensable for reti rement purposes. Jhe-list-ef-unitq eurrently determined þy the Chier ef Peliee er designee; te qualify as @ -HEAT . Skywateh.MAGEC -StreetViel@ . Meunted Patrel . Taetieal Teams ' Parele r\pprehensien Team . Distriet Crime Suppressien Team eA+' Neighbe.heed Traffie Unit . Viee/lntelligenee (N+u) The Chief of Police or designee shall provide in writing to the Association a list of units that receive premium pay. Units created that receive premium pay will continueto receive premium pay until the unit is eliminated through reorganization or agreement in a successor MOU. The list will be attached to the MOU and be updated as units are created or eliminated. (1) Employees occupying the Police Officer class or Police Sergeant class assigned to Skywatch who receive and maintain a Commercial Pilot License issued by the Federal Aviation Administration shall receive premium pay of $500 per month above the employee's base rate of. (2) Employees occupying the Police Officer class or Police Sergeant class assigned to Skywatch who receive and maintain certificationas a Flight lnstructor issued by the Federal Aviation Administration shall receive premium pay of $750 per month above the employee's base rate of pay. (3) Employees occupying the Police Officer class and who are assigned the duties of a Chief Police Pilot in Skywatch Unit shall receive a premium pay of twenty and one half percent (20.5%) above the Officer's base rate of pay. While assigned the duties of a Chief Police Pilot, a Police Officer will not be entitled to receive the $500 and $750 premiums under subsections (1) and (2), above. This premium is compensable for retirement purposes. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 21 (4) Any Officer assigned to the Unit to perform the duties of a Chief Police Pilot shall retain permanent status as a Police Officer. The above premium pay received by an Officer assigned to the Skywatch Unit will be terminated upon transfer out of the Unit. (5) Any Officer who subsequently wishes to be removed from the Skywatch Unit while performing the duties of a Chief Police Pilot shall not be allowed to laterally transfer to another supervisory position or to a different special unit until meeting all standard procedures set forth in Section 7.15 of this MOU. (6) Any Officer assigned to the Skywatch Unit to perform the duties of a Chief Police Pilot remains subject to all the terms and conditions of this MOU, except as stated above. 7.4,03 Pa+r€l Traininq Officer/SpecialisUPTO Coordinator - Members occupying the classes of Police Officer and Políce Specialist assigned full-time full{ime P Training Officer (TO) Coordinator functions will receive $500 per month in addition to their base rate of pay. Members occupying the classes of Police Officer and Police Specialist assigned as a Training Officer (TO) shall receive five hundred dollars ($SOO¡ in addition to their base rate of pay while assigned any department member to train. Police Sergeants assigned as Training Officer Goordinator shall receive special duty pay of two hundred seventy five dollars ($275) per month. This premium pay is eempensable fer retirenrent purpeses, These assigned te temperary Patrel Training¡ Offieer duties will be eompensated at the menthly premium pay, prorated for each full work day they are assigned to train any department member. This premium pay is compensable for retirement purposes. Members occupying the classes of Police Officer and Police Specialist assigned as a TO are not responsible for TO functions when not assigned a department member to train. The department should strive to maintain no less than thirty (30) qualified Training Officers, and shall conduct a Training Officer test as needed to maintain a minimum level. The test will consist of a written exam and an oral interuiew. Officers and Specialists taking the written exam will complete a panel interview consisting of one patrol Sergeant, one special unit Sergeant, and the TO coordinator. The oral interview will be rated on a pass/fail basis. All Police Officers and Police Specialists who successfully pass the written exam and oral interview shall be deemed qualified as a Training Officer and can train non-sworn department members. Qualified Police Officers and Police Specialists shall successfully complete a Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 22 POST certified Training Officer Course before they can train sworn Officers. The department will maintain a list of qualified Training Officers. Training Officers will sign up in the patrol matrix by department seniority for shift and detail assignments. However, the department may offer Training Officers additional incentive pay to encourage senior Training Officers to work Watch ll and lll. This incentive pay is stackable with other incentive pays and is pensionable. At the Police Chief's discretion, Training Officers with Watch I seniority can receive one hundred dollars ($100) a month TO incentive pay for Watch ll, or two hundred dollars ($2OO¡ a month TO incentive pay for Watch lll. Training Officers with Watch ll seniority can receive one hundred fifty dollars ($150) a month TO incentive pay for Watch lll. 7.4.04 Bomb Squad - Members who are members of the Bomb Squad shall receive double their regular straight time rate for that time spent (from call to completion) in dealing with explosives. Said double time shall be the total compensation for such time spent, whether on regular duty time or when called from off duty. 7.4.05 Life lnsurance - The City will provide $250,000 in life insurance/death benefit coverage to members assigned to bomb squad, helicopter pilot, airplane pilot, or helicopter observer duties. 7.4.06 Special Dutv Pav (Traininq Unit) - Members occupying the classes of Sergeant, Police Officer, and Police Specialist assigned full-time to the Police Training Unit will receive special duty pay of $275 per month inadditiontotheirbaserateofpay@.Specialdutypay is compensable for retirement purposes. Sergeants and Police Officers assigned to the Training Unit receiving special pay may be assigned flexible hours of work to meet the needs of the department with forty- eight (48) hours notice. Adjustments pursuant to this section may last no longer than seven (7) consecutive calendar days, nor occur more than once during any thirty (30) day period. The intent of special duty pay is to maintain parity at the same rate as specialized assignment pay as indicated in7.4.02. 7.4.07 Niqht Shift - Officers not on probation and any Sergeants who are regularly assigned/scheduled to work a "night shift" between the hours of 5:00 p.m. and 8:00 a.m., shall receive night shift premium pay in addition to their base rate of pay. lf one-half (%) or more of an Officer not on probation and Sergeants regularly scheduled shift hours fall between the Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 23 hours of 5:00 p.m. and midnight, the night shift premium pay will be $160 per month. lf one-half (%) or more of an Officer not on probation and Sergeants regularfy scheduled shift hours fall between the hours of midnight and 8:00 a.m., the night shift premium pay will be $240 per month. This premium pay shall not apply to members receiving premium pay pursuant to Sections 7.4.02,7.4.02(1), end 7.4.02(2), and 7.4.02(3) above. This premium is compensable for retirement purposes. 7.4.08 Motorcycle Dutv Hazard Pav: Members assigned to the Traffic Bureau whose prirnary duties involve the riding of a police motorcycle during the course of their employment shall receive a monthly motorcycle duty hazard pay added to their base salary in the amount of $275 per month. This shall be over and above any other premium pay received and shall be compensable for retirement purposes. 7.4.09 Bilinqual Certification Proqram - The bilingual certification program consists of a City administered examination process whereby members may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable under the first or second tier City Fire and Police Retirement System. (1) A Bilingual certification examination will be conducted in December of each year. During the examination noticing period, examination applications will be available at the Personnel Seruices Department, Operations Division and City department personnel units. ln order to qualify for the December examination, the application must be received by the Personnel Services Department during the month of November, but no later than the last regular business day of November. Bilingual examination application deadlines are not appealable or grievable. (2) Employees must be recertified every five (5) years. For current bilingual employees, the number of initial recertifications may be staggered. No change will be made to the employee's ability to receive the bilingual premium unless the employee fails recertification testing. The Gity will work to schedule recertification exams at times that are Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 24 conven¡ent to the employees; however, two refusals to attend recertification will be considered a failure to recertify. (3) Bilingual certification examinations are conducted for Cambodian, Hmong, Laotian, Sign, Spanish, Armenian and Vietnamese languages. (4) The bilingual premium pay rate for certified permanent members is one-hundred dollars ($100) per month, regardless of how many languages for which a member is certified. Certified members may interpreUtranslate for departments/ divisions they are not assigned to, provided the requesting departmenVdivision has a demonstrated customer service related need, and has obtained approval from the certified member's superuisor. Certified members shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary actíon. Certified members may be assigned to any incident or investigation requiring their bilingual skills and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most etficient way possible. Except in the event of an emergency, bilingual members who are not certified shall not be required to interpreVtranslate. 7.4.10 Education lncentive Plan (ElP) - EIP will continue to apply solely to those members listed on MOU Exhibit ll, which may be amended from time to time as a result of promotion, retirement, resignation or termination, provided the member meets the existíng eligibility requirements enumerated below. (1) EIP Premium Pav for Deqrees Awarded: Bachelors - each member who has been awarded a Bachelors degree, in a field approved by the Chief of Police or designee and the Chief AdministratÍve Officer, from an accredited institution of higher learning shall be paid three percent (3%) above the member's base rate of pay. Masters or Doctorate - each member who has been awarded a Masters or Doctorate degree, in a field approved by the Chíef of Police or designee and the Chief Administrative Officer, from an Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 25 accredited institution of higher learning shall be paid five percent (5%) above the member's base rate of pay.(2) EIP Premium Pav for Deqrees Alreadv Held: To receive pay for degrees already held, a member listed on MOU Exhibit ll must enroll in an accredited college or university, and satisfactorily complete an additional 12 semester units in accordance with the requirements detailed below. After completion of these requirements, the amount of EIP premium pay for the applicable degree already held shall be permanent (i.e., hard-coded), and be added to the member's regular paycheck in accordance with subsection 7.4.i0 (1) above. Eligíble members who satisfactorily complete three (3) semester units of graduate or undergraduate level courses per semester from an accredited college or university, in a field approved by the Chief of Police or designee, shall be paid an additional two percent (2%) above the member's base rate of pay. Courses to which the City sends a member on City time, andior at City expense, shall not qualify nor shall classes taken on "pass-fail", life experience, or non-alphabetic grading system qualify, unless expressly approved prior to commencement of the course. Compensation shall be in a lump sum at completion of the semester's course work. A member shall be considered to have satisfactorily completed a course upon receipt of a "C" grade for each unit completed prior to receipt of a Bachelors degree, and at least a "8" grade for each unit completed after receipt of a Bachelors degree. Upon verification of satisfactory completion of courses taken, a member shall be eligible to receive the amount indicated in this Subsection 7.4.10 (2) for a period equivalent to one (1) semester. A semester shall be considered to be four (4) calendar months or eight consecutive biweekly pay periods. (3) Any member who is receiving an education bonus pursuant to the previously existing MOU effective July 1 , 1984, shall not have that bonus reduced as a result of participation in the EIP provided by this MOU. Any premium pay for further attendance at school, as provided herein, shall be in addition to any bonus pay already received. Any EIP premium pay applied for degrees held pursuant to Subsections 7.04.09(1) and 7.04.09 (2)above shall be in tieu of any education bonus pay previously received. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 26 7.4.11 Pes+ P.O.S.T. Certificate P3y - All compensation earned by a member pursuant to this Section,7.4.11, shall be in addition to any other incentive and/or premium pays received and shall be compensable for retirement purposes, (1) Members whe have satisfaeterily attained the intermediate (3) (f ) Members who have satisfactorily attained the intermediate P.O.S.T. Certificate shall be compensated at a rate of four percent (4%) above the member's base rate of pay. (4)(21Members who have satisfactorily attained the advanced P.O.S.T. Certificate shall be compensated at a rate of eight percent (8%) above the member's base rate of pay. 7.5 FRESNO CITY EMPLOYEES' HEALTH AND WELFARE TRUST The City and the Association agree that the Fresno City Employees Health and Welfare Trust has the sole authority to determine the benefits that will be provided during the term of this MOU. The sole responsibility of the City under this clause is to provide a set dollar amount to be contributed to the Trust onbehalfofthemembersrepresentedbytheAssociation.@ will be eighty pereent (80%) ef the premium established by the Fresne City Empleyees Health and Welfare Trsst Beard, Effective October 1, 2014, the Gity's contribution will be seventy-five percent (75%l of the employee's health and welfare premium. Subsequently, the cost of any increase in the health and welfare premium will be shared equally between the City and the employee, with fifty percent (50%) to be paid by the City and fifty percent (50%) to be paid by the employee, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health & Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70%1. Members may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 27 Should any other represented bargaining unit in the Gity negotiate a successor MOU, or extend the period of an MOU with terms imposed resulting in a greater contribution by the City, upon the Association's written request, the Gity will match that benefit. The parties also agree to work collectively in conjunction with their Board representatives to research and recommend potential cost-saving measures for the Health & Welfare Trust, which may include a choice of health program options based equivalent to individual need or preference, including a reduced option City's premium contribution, a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employees who require prescription drug therapy for any period of 90 days or more; or other measures that may be identified as this work progresses. The FPOÂ and the Gity ef Fresne ag+ee te a limited MOU reepene¡ regarding te a different fermula fer determining health eaFe eentributiens, Meet and eenfer resultin$frern the reepener shall take etfeet ne earlier{han July 1 , 2013, SERVICE UNIFORM ALLOWANCE 7.6.01 Members shall receive an-eCditiena{ $f-f€--fer a total of $1,200 as a service uniform purchase and maintenance allowance, prorated and paid in semiannual installments on the last pay date in December and June. The service uniform allowance provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for a memþg¡;-Pursu:e€+te the Side tetter Âgreement Re; Cempensatien and Benefit+Re-Opener ive up-their serviee uiferm allewanee during fi€cal year 2011, Hewever, when an emBleyee enters DROP er separates frem City serviee at ien Zgl+.-Baymen+-ef uniferm serviee allewanee will- resurne as set ferth ebeve' (lt is the intent ef this agreement te held retirees and ÐROP partieipants 7.6.02 Members assigned to Motorcycle duty shall be provided, at City expense, the safety equipment described in Government Code Section 50081.1 (i.e., boots, riding breeches, leather jacket, leather gloves, safety helmet, and protective glasses). on the 7.6 Fresno Police Officers Association, Basic Unit MOU 9/1 '1114 - 6130117 (Redlined Version) Page 28 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6/30117 (Redlined Version) 7.7 WORKERS' COMPENSATION 7.7.01 Notwithstanding the provisions of FMC Section 3-1 18, a member of this Unit who suffers an injury or illness in the course and scope of City employment on or after January 1, 2010 shall become entitled, regardless of his or her period of service with the City, to a leave of absence while so disabled without loss of salary in lieu of temporary dísability payments as provided by California Labor Code Section 4850. The remaining provisions of FMC Section 3-118 shall apply. Employees on "light duty" as a result of an injury or illness suffered in the course and scope of employment shall receive their regular salary during the period of light duty. 7-7-02 Partial days ef aþsenee due te injury er illness in the rine ef duty, i @ 7.7.02 lf a member is placed on sick leave, vacation, CTO or holiday pending determination as to whether the injury or illness is industrial, and the injury is determined to be industrial, sick leave, vacation, CTO or holiday will be restored within thirty (30) calendar days of such determination, and the member placed on injury leave as provided herein. 7.7.03 Retirement benefits shall not be reduced as a result of a member receiving Workers' Compensation benefits. 7.7.04 Taxes shall not be withheld on compensation due to injury in the line of duty. 7.7.05 lf a member is on leave pursuant to an accepted industrial injury, that member shall continue to accrue sick leave, vacation leave, holiday leave, and be afforded all health and welfare benefits that would have been received had the member not been injured. COURT APPEARANCES Notwithstanding the provisions of FMC Section 3-117, the following rules shall apply to court appearances. Members qualifying under Subsection 7.8.01 below are not eligible for qualifying under Subsection 7.8.02 below, and members qualifying under Subsection 7.8.02 below are not eligible for qualifying under Subsection 7.8.01. 7.8.01 lf a member receives a departmental notice or subpoena requiring a court appearance on the member's regularly scheduled day off, or on a vacation, or on a day off on CTO, or on a day off on holiday, which has 7.8 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 30 been approved prior to notice and/or the member's receipt of a departmental notice or subpoena, and the member has not been released by the Court Liaison Office (CLO) by 0900 hours on the day of the court appearance from such departmental notice or subpoena vis-a- vis an electronic notification system, the member shall be considered to be on court appearance standby duty, and has the option of compensation under either Subsection 7.8.01(1) or 7.8.01(2) below. Compensation for members on "automatic go" appearance shall occur solely under Subsection 7.8.01(3) below. (1) Premium pay for court appearance standby duty, as described above, shall be $36 per day. Time spent on court appearance standby duty (i.e., at home) shall not be considered hours worked, and premium pay for court appearance standby duty shall not be included in the calculation of a member's base rate of pay under the Fair Labor Standards Act. ln the event a member, who is on court appearance standby duty at home, appears in court, the member shall also be compensated for a minimum of two (2) hours at one and one-half times (1 yr) the member's base rate of pay, or at one and one-half times (1 %) the member's base rate of pay for the actual time of the appearance, whichever is greater. This compensable time starts from the time the member reports to court at the directed appearance time through completion of the appearance. (2) Report to and standby at the CLO, and be compensated for a minimum of two (2) hours at one and one-half times (1 %) times the member's base rate of pay. lf the member is not required to appear in court, the department may require the member to perform assigned duties during this two (2) hour minimum period. Members shall be released from CLO standby duty when the subpoena or notice is cancelled, or they are released by the couft. lf a member's CLO standby duty extends beyond the two (2) hour minimum, or the member appears in court beyond the two (2) hour minimum, the member shall be compensated at one and one-half times (1 %) the member's base rate of pay for the actual time beyond the two (2) hour minimum. (3) Members on "automatic go" court appearance shall be compensated for a minimum of three (3) hours at one and one- half times (1 %) the member's base rate of pay, or at one and one-half times (1 %) the member's base rate of pay for the actual time of the mandatory appearance, whichever is greater. This Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 31 compensable time starts from the time the member reports to court at the directed "automatic go" appearance time through completion of the appearance. 7.8.02 lf a member receives a departmental notice or subpoena requiring a court appearance on a regular day of work which falls outside of assigned work hours, the member shall have the option of: (1) standing by at home, when legally permitted; or, (2) appearing at the CLO, with a minimum of two (2) hours pay, at one and one-half (1 %) times the rate of pay. During this two (2) hour period, if the member is not required to appear in court, the member may, at the option of the department, be required to perform duties as assigned. (3) lf the court appearance starts within one-half (%) hour immediately following a shift, the member shall receive a one (1) hour minimum. lf the court appearance falls during the shift and continues beyond the end of the shift, the member shall be paid at the applicable hourly rate for the actual time spent in court. 7.8.03 Where a member's appearance extends beyond the two (2) hour minimum, the member shall be paid one and one-half times (1 %) the member's base rate of pay for the actual time of the appearance. 7.8.04 The provisions of Subsections 7.8.0'1 and 7.8.02 supra, shall also applyto members required to appear in any judicial or administrative proceeding as a witness pursuant to subpoena, couñ order, or request of the District Attorney. This provision shall apply to alljudicial proceedings (civil, criminal, or administrative) and Civil Service proceedings in which a membeds presence is ordered, directed, or requested because of his or her employment as a Police Officer. 7.8.05 The depaftment and Association will continue to meet as needed to resolve concerns involving CLO program processes and applications. 7.8.06 ln the event a member is off on a regular day of work as a result of AWS, and is required to make a court appearance, the member shall be compensated for court time in accordance with Section 7.8 for a member required to make a court appearance on a regular day of work. Conversely, in the event a member is substituting as a result of AWS ona regularly scheduled day off/vacation/holiday/CTO, the substituting member shall be compensated in accordance with compensation Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 32 7.9 afforded under Section 7.8 for a member required to make a court appearance on his or her scheduled day off. TAKE-HOME VEHICLES 7.9.01 Except as is othenryise specifically determined in this MOU, the Chief of Police, shall have the authority to determine which members shall be assigned take-home vehicles. For security purposes, all paperwork in connection with said vehicle assignments shall remain in the office of the Chief of Police, or designee within the department, except basic identifying information (not to include home addresses or telephone numbers). 7.9.02 Members who are assigned vehicles for "take-home" purposes may drive their assigned vehicles to their residences within fifteen (15) miles of any point in the city limits for the City of Fresno. The Chief of Police may allow members who reside more than fifteen (15) miles to have take-home vehicles, at his sole discretion. Otherwise, members who reside more than fifteen (15) miles from the city limits rnust leave their assigned vehicles at an approved City facility. 7.9.03 Unless inconsistent wÍth this MOU, Administrative Order 8-8 shall apply with reference to the purpose and benefit of City "take-home" vehicles, 7.10 WELLNESS PROGRAM DEVELOPMENT COMMITTEE Effective October 1, 2014, the Wellness Program will be discontinued; however, members that earned a wellness incentive during FY 14 will receive the incentive in FY 15. The Wellness Pregram Ðevelepment Cemmittee (WPÐC) was ereated fer the p{*Fpesêef develeping a departmental Wellness Pregram (WP) fer members, and fer previding all-aspeets ef pregram and peliey administratien, eversight and + the serviees ef a healthifitness eeerdinater; individually tailered eensultatiens andse¡eeni s; sel+respensibility en the part ef any eenfiCentiality ef partieipanÈhealth, medieal, and fitness infermatien/reeerds (i,e- @f atten¿anee anA p in__a Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 33 ie+ìs menetary ineentives and fer serviees Brevided by the eentraeted WP previder, $25'000' fer +tetal ef $50'000, The City shall net be ebligated te pay in exeess ef the ameunt due te eaeh member, Said pereentage shall equal the pereentage figure ebtained by dividing th+remaining¡funds by the tetal ameunt due, (Fer {-¡e+a+e¿-pereentage te -be a WP menetary ineentives shall be pai*by separate eheek ne later than the last pey4ete in Augusf ef the subsequent fiseal year. ln the event any pertierFef the WP funding fer a padieular fiseal-year remains undistributediunspent, the WPnC uted/unspert funding prior to-the end eÊ the fiseal yea+fersse-fer the WP in the subsequent fiseal year, Effective July 1 , 2009, the benefits provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for a member. 7.11 TIME CHANGE This is to clarify and confirm City processes when a time change occurs. Any member regularly scheduled to work, and who does work, an eight-hour or ten- hour shift during which a change from Pacific Standard Time to Pacific Day-light time, or vice versa, occurs, will be paid as follows: When such shift occurs in the spring, the member shall receive the full eight or ten hours pay. Any time worked in excess of the regular shift as scheduled shall be at the applicable overtime rate. When such shift occurs in the fall, the member shall receive the regular eight or ten hours pay. Overtime at the applicable rate shall only be paid for work which is peÍormed immediately before the scheduled starting time and for work which is performed after the scheduled end of the shift. No overtime, at any rate, shall be paid when the actual number of hours worked during such scheduled shift is nine or eleven hours because of the change from daylight savings to standard time. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 34 7.12 LEAVES 7.12.01 Sick Leave: Members shall accrue sick leave at the rate of eigh+{+seven and one half (7.5) hours, effective October 1, 2014, for each completed calendar month of employment, with unlimited accumulation. Except for Administrative Orders 2-19,2-19.1 and 2-20, Standing Order 2.4.13, the FMC, City Administrative Orders, policies, procedures, rules and regulations concerning sick leave usage and leave administration shall continue to apply. ln the event of any conflict, Standing Order 2.4.13 shall apply. 7.12.02 RETIREMENT ATTENDANCE INCENTIVE AT THE TIME OF ELECTION TO RETIRE OR ENTER THE DEFERRED RETIREMENT OPTION PROGRAM (DROPì - A Tier 1 or Tier 2 employee who meets the criteria as outlined below, will receive only one of the following benefits based on whether or not the employee enters the DROP program before retiring from City employment. (1) Election into DROP Proqram - For a Tier 1 or Tier 2 employee who has reached the minimum retirement age and has elected to enter the DROP Program, the calculation of the member's monthly DROP amount shall include an amount equal to forty percent l4O%) of the member's unused sick leave iæ)€ess-€f 1'0 heurs as if it were a one{ime-payment at the hourly base rate of pay in effect for the member as of the DROP entry date. ludeéi+ the eemputa+len- The member's pension contribution on this amount will be calculated as of the date of DROP entry by multiplying the lump sum described above in this subparagraph by the member's pension contribution rate, and that amount will be deducted from the member's DROP account. The City will also be required to make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Retirement Attendance lncentive. (a) Tier 2 Members Participatinq in DROP - For those members who entered the DROP program prior to July 1, 2006, the DROP account balance and monthly deposit amounts shall be recalculated to include an amount equal to forty percent (40o/") of the member's unused sick leave balance as of the member's DROP date in-€x€ess €+ r20 hours times hís/her base rate of pay in effect at the date of Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 35 entry into DROP. 120 heurs" will ne lenger be in effeet with arl siek leave ign' (2) Election Not to Enter DROP - For a Tier 1 or Tier 2 member who has reached the minimum retirement age and who retires from the City for service or for disability without entering DROP, an amount equal to forty percent (40o/o) of the member's unused sick leave balance in exeess ef a20 heurs shall be included in the computation of the member's retirement allowance as if it were a one{ime-payment at the hourly base rate of pay for the employee in effect at the date of retirement. @inMre lengepbe in effeet-with all siek leave len The member and the City will make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Retirement Attendance lncentive. The member's retirement contribution will be calculated as of the date of retirement by multiplying the lump sum described above in this subparagraph by the employee's pension contribution rate and the employee agrees to have this amount withheld from the employee's first retirement benefit payment from the Retirement System as the employee's retirement contribution for this additional amount of pensionable compensation. This provision shall not apply to members who retire prior to age 50 due to a disability or to former members that have separated from City service prior to reaching the minimum retirement age and have elected a Deferred Vested status in the City of Fresno Fire & Police Retirement System. (3) Retirement Attendance/Health lncentive - At service retirement or at a disability retirement of a Tier 1 or Tier 2 member who is othen¡vise eligible for service retirement, €ffd will be credited for unused sick leave in accordance with the provisions of Section 7.12.03 below. (4) Hourly base rate shall be the equivalent of the monthly salary for the employee as provided in Exhibit l, multiplied by twelve (12) months then divided by 2,080 hours. 7.12.O3 Health Reimbursement Arranqement (HRA) The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement,' as Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 36 described in lnternal Revenue service (lRS) Notice 2oo2-45 and other guidance published by the IRS regarding HRAs. The City agrees to maintain the HRA such that it wíll continue to qualify as a "health reimbursement arrangement" for the term of the MOU. At separation from permanent employment with the City of Fresno by service retirement or at disability retirement if the member is othenruise eligible for service retirement, the value of the member's accumulated sick leave shall be credited to an account for the employee under the HRA such "value" shall be determined as follows: . The number of accumulated sick leave hours in exeess ef 120 h€c+s at the time of retirement multiplied by S0% of the member's then current hourly base rate of pay. n+ dated Nevember ,l, 200&F . The numbe' ef aeeumulated siek leave heurs at the time ef retirement-in-exeess ef 120 heurs multiplied by 50go ef the emBleyee's then eurrent heurly base rate ef pay, exeept that ac enpleyee whs retires within sixty (60) ealendar days ef reeeipt by the eity ef Fresns Fire and Peliee Retirement System ef a @ by, er en behalf e{ the employee, shall have @ retirement multiplied by 80% ef the empleyee's then heurl', rate ef peÙÊ . For employees hired before September 11,2014, and any employee who does not enter DROP, all accumulated sick leave hours multiplied by 50% of the employee's then current hourly base rate of pay at the time of retirement, except that an employee who retires within sixty (60) calendar days of receipt by the City of Fresno Fire & police Retirement System of an application for disability retirement if othenruise eligible for a service retirement-applieatien-by, or on behalf of the employee, or an application for service retirement (not having submitted an application for disability retirement) shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay. o For employees in DROP hired on or after September 11,2014, accumulated sick leave hours multiplied by S0% of the employee's then current hourly base rate of pay at the time of retirement, except that the accumulated sick leave hours Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 37 shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. . Employees in DROP hired on or after September 11, 2014, who retire within sixty (60) calendar days of receipt by the Gity of Fresno Fire & Police Retirement System of an application for disability retirement if otherwise eligible for a service retirement by, or on behalf of the employee, or an application for service retirement (not having submitted an application for disability retirement), shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay, except that the accumulated sick leave hours shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. r @ The total number of all accumulated holiday leave hours at the time of separation for retirement purposes shall be paid at the member's then current hourly base rate of pay. . The hourly base rate of pay shall be the equivalent of the monthly salary for a member as reflected in Exhibit l, multiplied by twelve (12) months then divided by 2,080 hours. The At the City's option, HRA accounts sha{l may be book accounts only. A book account means that no actual trust account shall be established for any member. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's lnvestment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no fufiher benefits shall be payable by the HRA. lf the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect members shall not be allowed to cash out any accumulated or accrued sick leave at retirement. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 38 Upon each anniversary date of the MOU, the Association may amend the HRA provisions of this MOU to include a provision requiring all members of the Association to convert an agreed upon amount of accrued vacation leave to the HRA. 7.12.04 Familv Sick Leave: Effective October 1,2014, members shall be alfowed up to forty-eig¡1 five 1+g¡ (45) hours of accrued sick leave per físcal year for Family Sick Leave. Family Sick Leave shall be used only for those purposes defined in the California Labor Code Section 233. Use of Family Sick Leave shall be authorized and recorded by a department head or designee. 7.12.05 Vacation Leave: (1)Membe+s Effective October 1, 2014, members shall accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. (Pursuant to Section 6.3.01, each Officer's applícable accrual rate will be reduced monthly by .583333 hours for Association time bank purposes,) Members with less than 15 years of continuous employment are allowed to accrue 280 hours of vacation leave, and members with 15 years or more of continuous employment are allowed to accrue 360 hours of vacation leave. Years of Gontinuous Employment Accrual Rate (hrs./mo.) Effeel¡ve 7lulg Etreetiv+,lll11 Less than 5 I 8.5 g More than 5 but less than 10 8g 9.167 9-69 More than 10 but less than '15 1€10.s 11 More than 15 but less than 20 11,334 11.834 12334 More than 20 but less than 25 13,334 r 3.834 14,3?4 More than 25 but less than 30 14,667 15.167 15-667 Page 39Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) More than 30 16,667 17.167 17,667 (2) No member's vacation accumulation shall cease due to refusal by the City to grant vacation leave prior to the member reaching the vacation accrual cap applicable to the member's position and length of service. ln the event a member requests in writing vacation leave one month prior to the month in which the cap would be reached, and such request is refused, the Chief of Police or designee shall extend the member's accrual cap for ninety (90) days, during which time the member shall be scheduled for vacation leave sufficient to reduce the member's balance below the accrual cap. Request for extensions under this section may be denied if the member failed to sign up for and take his/her maximum accrued annual vacation leave during dates which were available for that purpose. (3) No member's vacation accumulation shall cease due to inability to use vacation time while off on Workers' Compensation leave due to a work related injury or illness. A member on such leave must notify the Chief or designee in writing if this is likely to occur, and the Chief or designee will extend the member's vacation accrual cap until the member either returns to work, or separates from employment. 7.12.06 Holiday Leave: (1) Members shall accrue eight and two-thirds hours per month as holiday leave in lieu of the Holidays recognized in FMC Section 3- 1 16. January 1. The third Monday in January. The third Monday in February. The last Monday in May. July 4. The first Monday in September. November 11. Thanksgiving Day in November. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6/30i 17 (Redlined Version) Page 40 The Friday after Thanksgiving Day in November. December 25. Employee's Birthday. Two Personal Business Days. Any day or part of a day declared by the Council, ordinance or resolution, to be a holiday. (2) At separation, accumulated holiday leave shall be paid at the member's base rate of pay in accordance with Section 7.12.03, or cashed at separation if not eligible for participation in the Health Reimbursement Arrangement (HRA). eze_+¡elsn+ary @ ne€*M (4) The eap for aeeumulated menthly heliday leave shall rernain at 308 heurs througÞr June 30, 2011, lËa membe' exeeeds the eut theffi @ .in@ (6) (3) @ Holiday leave banks are redueed te the capped at 96 hours cep'+embers. Members who are at the g6 hour cap will receive an automatic pay down of any hours exceeding the cap @. (7) (4) ln aeeerdanee with subBaragraBh (5) abeve, effeetive On July 1, 2011, atl holiday leave balances in excess of g6 hours were shell be placed as a one-time deposit in a "Special Holiday Leave Bank", which hours may be used as follows: Special Holiday Leave Bank (a) Approved leave; Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 41 (b) Absent With Substitute (AWS) agreements transferred only to the substituting employee's regular holiday bank; (c) Voluntary cash-out of forty{hree (43) hours each FY beginning in FY14 threugh FY18; and, (d) Voluntary cash-out of one-hundred (100) hours immediately prior to separation and prior to the employee filing retirement papenruork. Employees may not place any additional hours in the Special Holiday Leave Bank. At separation from City service, all remaining hours in the Special Holíday Leave Bank shall be credited to an HRA account for the employee if eligible for service retirement as set forth in Section 7.12.03, or cashed out at separation if not eligible to participate in the HRA. Cash-outs of Special Holiday Leave Bank hours are pensionable for Tier 2 members. in the Side tetter Agreement Re; Cempensatien-end-Benefits Re (a) $325,0$per ernpleyee payable enÐe€ember 1, 2011, and, (9) (5) Effective July 1 , 2012 through June 30, 2015, members may voluntarily request the department to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours p¡ fiscal vear. H€) (6) Effective July 1 , 2O15, members may voluntarily request the department to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours p¡ month. (-11) (7) A Tier 2 member who has reached the minimum retirement age and elects to enter DROP or retire (not having entered DROP), shall have amounts equal to the member's unused holiday leave balance and Special Holiday Leave balance (at the DROP effective date or retirement date, not having entered DROP) multiplied by the member's current hourly base rate of pay Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 42 included in the computation of the member's final average salary as if it were a one-time payment. Based on the additional pensionable compensation, the member and the City will make corresponding pension contributions to the retirement system. The employee agrees to have this pension contribution amount withheld from the employee's DROP account, if entering DROP, or from the employee's final paycheck (not having entered DROP.) 7.12.07 Familv Events: ln the event a member requests paid time off (vacation, CTO, or holiday time) not less than two weeks in advance to attend a major family or social event (wedding, birthday, etc.) and permission is granted to attend such event, the permission for time off shall not be cancelled, except in event of emergency. An emergency is defined as circumstances beyond the control of the City and not having been known 48 hours in advance of the circumstance creating the emergency_ 7 .12.08 Guaranteed Leave: (1) Two times during each matrix semester period, personnel assigned to the patrol matrix may submit a request for guaranteed leave, which request will be honored, subject to the following conditions and procedures: No more than eight (8) guaranteed leave requests will be honored for any single date. This limit applies city-wide, and for all shifts combined. Guaranteed leave requests may not be submitted for christmas Eve, Christmas Day, New Year's Eve, New year's Day, Thanksgiving Day, and the day after Thanksgiving, and July 4th. Requests must be submitted ive ¿cly-4--2+4€, no less than fifteen (1S) calendar days before the date requested to be off, but no more than sixty (60) calendar days before the date requested to be off. Requests are to be submitted to the Duty Office, to be date and time stamped by Duty Office personnel when received. Requests will be honored on a first-come, first-served basis, to the above stated maximum of five. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 43 (2) Guaranteed leaves may be taken using vacation time only. Guaranteed leaves may only be for one (1) work shift per request. Once submitted, guaranteed leave slots may not be transferred from one member to another. The Duty Office will be responsible for trackíng members' usage of guaranteed leave requests. Once a member submits a guaranteed leave request, the member may cancel the time off, but the request will still count as one of their allowable requests during the matrix semester period, unless the member cancels thirty (30) calendar days prior to the requested date(s). sene¿u+es{approximately twe we member weuld etherwise have þeen allewed the time eff witheut using guaranteed leave' the Duty Offiee will se netiee the affeeted ing-€s-€fl€ The department will establish a $100,000 fund for each remaining fiscal year of this MOU, for payment of overtime costs associated with the granting of guaranteed leave. The $100,000 shall be split into two equal portions for July 1't through December 31"t, and for January 1't through June 30th, for each fiscal year. Should overtime costs to backfill guaranteed leave not consume the $50,000 in any semester of a fiscal year, the excess will be carried over and added to the fund for the following semester, and consideration will be given to increasing the number of allowable requests during following semesters. Any such increases must be with mutual agreement of the department and Association. Should overtime costs to backfill guaranteed leave consume the $50,000 during a semester, or the $50,000 and any carry-overs during any subsequent semester, guaranteed leave requests will not be accepted for the remainder of the affected semester. Effective July I , 2015, $12,500 will be added to each semester of the fiscal year budget totaling an additional $25,000, and bringing the overall guaranteed leave fund to $125,000. Effective July 1 , 2016, $12,500 will be added to each semester of the fiscal year budget totaling an additional $25,000, and bringing the overall guaranteed leave fund to $150,000. (3) (4) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 44 7.12.09 Vacation Leave Biddinq: Simultaneously with the bidding for shift assignments in the Patrol Division, during the month of December for each fiscal year during the term of this MOU and at least fifteen (15) days prior to January 1 of each year, all covered members may bid to schedule vacation, according to date of hire as a Police Officer, or in the case of Sergeant, the date of promotion. A member may bid to schedule vacation in an amount equal to the maximum vacation leave time accrued by that member for the fiscal year. At the time of the bidding process, a member has the option to bid for a one time use of the maximum vacation leave time accrued or may choose to schedule two (2) separate vacation periods. lf a member chooses to schedule two (2) separate vacation periods, he/she may participate in a second bidding process to occur following the completion of the initial bidding. This second bidding process shall also be governed by seniority as stated above and be limited to the remaining vacation leave time accrued for that fiscal year. Said vacations shall be scheduled to be taken between February 1 immediately following the bidding process and the next January 31st and may be scheduled to coincide with the member's regular days off. Should the member later decide to schedule vacation in an amount in excess of that accrued during that fiscal year, the decision to allow such additional vacation time shall be at the discretion of the department. 7.12.10 Requests for Leave of Absences: Requests for leave of absence should be submitted at least 24 hours in advance to increase the likelihood of being approved. 7.13 HOURS AND WORK SCHEDULES, MATRIX ASSIGNMENTS, DUTY OFFICE, NON-MINIMUM STAFFING, POLICE RESOURCE OPTIMIZAT]ON SYSTEM, ABSENT WITH SUBSTITUTE AND PROXIMITY DETAIL 7.13.01 Hours and Work Schedules: (1) All members will be assigned to an eight (8), ten (10), ortwelve (12) hour day as directed within this MOU. All shifts will include a paid thirty (30) minute meal break. lf a member is unable to take their meal break due to work load, the member may complete a s€e{qtr€'t+ an OTTO (Over Time, Time Off form) for thirty (30) minutes of straight time from the Cempensatery Vacation Time account. Members must notlfy their supervisor for s€€n+fe{+ OTTO approval if they are unable to take a meal break. lf a member's meal break is interrupted due to work load, they may complete Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 45 their meal break at a later time or complete a-€€antr€,n an OTTO with supervisor approval. Meal breaks may not be taken within the first and last hour of a shift without supervisor approval. The thirty (3O) minute paid meal break will satisfy eempensatien @in+ (2) Unless specifically modified by the parties, a work week consists of four (4) ten-hour work days, completed beginning 0001 hours on Monday and ending on 2400 hours the following Sunday. Days off will be scheduled consecutively. (3) The work day shall be ten (10) work hours unless specifically modified by the parties. Except as provided below for Task Forces, and as provided in Section 7.14.03 for Traffic Officers, uniformed personnel shall work a 1O-hour work day. (4) Based on the needs of or significant benefit to the department, the Chief of Police may apply a "5/8" schedule to specified units outside of patrol matrix duties, either: With the concurrence of the affected personnel, or With thirty (30) days notice to affected personnel, on the condition that said affected personnel who wish to remain on a 4h0 schedule will be allowed to return to a patrol shift consistent with their seniority. ln addition, affected members may be considered, at management's discretion, for transfer to another special unit with a 4/10 schedule. (5) Members who are assigned to training may be assigned on a 5/B basis, to accommodate the training schedule. The department will make every effort not to schedule any member to training which will conclude immediately prior to the member's four or five-day work period. (6) The department has established a base work schedule for members assigned to (ÐegQ Tactical Units that consists of a work week of five (5) ten-hour days followed by a week of three (3) ten hour days or vice-versa, with a total of six (6) days off during the two work weeks. ÐeSF Tactical Unit Officers and Sergeants will revert back to the 4110 work week, at the discretion of the department. The decision to discontinue this work schedule and revert back to the 4/10 work week is not appealable or grievable. Fresno Police Offícers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 46 7.13.02 Patrol Work Schedule/Matrix: (1) A4110 work week will be in effect for personnel assigned to day and swing shifts on patrol matrix duties. The base work schedule for members assigned to the midnight shift on patrol matrix duties will consist of a work week of five (5) ten-hour days followed by a week of three (3) ten hour days or vice-versa, with a total of six (6) days off during the two work weeks. This schedule may be cancelled by the City following sixty (60) days written notice to the Association, at which time members would revert to the 4/10 work week. The decision to discontinue this work schedule and revert back to lhe 4110 work week is not appealable or grievable. (2) Subject to meet and confer, the implementation of the base work schedule for members assigned to day and swing shifts on patrol matrix duties may be changed to the same work schedule of the midnight shift as set forth in Subsection (1) above. Once implemented, the schedule may be cancelled by the City as also set forth in Subsection (1), above, (3) Scheduling will consist of both fixed days on and off as well as rotation of days on and off. No member shall be scheduled to work for more than forty (40) hours in any work week. (4) A minimum of 2Oo/o of the available positions will be assigned to fixed days on and off, and all other positions will have rotating days on and off. Members with rotating days off will be scheduled for four days on and four days off for three weeks, followed by five days on and three days off, for four weeks, etc. (5) @Patrol Matrix sign-ups were-enensed+e Deeember frem are in the month of Mareh December. Every 12 months, all work assignment positions in the patrol matrix shall be declared open for the purpose of bidding by Sergeants, Specialists, and Officers according to date of hire as a police Officer, or in the case of Sergeant, the date of promotion, for the district preference, shift assignment, and days off and on. For the purpose of bidding, Sergeants will precede Officers/Specialists. (6) Any member who is absent at the time of bidding is solely responsible for obtaining and reviewing the matrix drafts and instructions, and for securing a proxy to represent him/her during the bidding process. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 47 (7)Personnel assigned to patrol who are on injury or other absence status at the time of bidding will be allowed to participate without any restriction based on that status, and will assume the assignment chosen upon return to duty. At the time of bidding, the department will create duplicate details to ones taken by members not expected to return to duty within thirty (30) days of the start of the matrix period. Members who subsequently bid for the newly created duplicate details will remain on the shift chosen, but may be moved to any other vacancy within that shift when the absent member holding the original detail returns to duty, and may continue to be moved within the shift as vacancies are filled by returning personnel. The provisions of this sub-section will apply to the matrix process and may or may not be extended to subsequent matrix processes, contingent upon mutual agreement of the department and the Association. (g) Nothing in the preceding sub-sections precludes moving probationary employees pursuant to paragraph (10), below. (10) Assignments as a result of the bidding process will begin on the first Monday following January 1't of each year. During the 12- month assignment cycle, if a hardship exists, a special request for a change in district and/or shift can be submitted, A member may submit one request during a twelve (12) month cycle. The request will be considered based on the needs of the department. A response will be issued to the member within thirty (30) calendar days. Barring a training need, approved requests may be honored once a vacant position that addresses the hardship becomes available. (11) Probationary Police Officers, Sergeants or Recruits may not be permitted to bid for positions but may instead be assigned to a district, shift and detail. With a 28-day notice, these Officers may also be subject to district and shift reassignment. (12) Police management reserves the right to designate specific detail numbers for probationary Officers and Recruits to prevent the concentration of probationary personnel on any given shift in a given district. Any such allocation will apply only to swing, lap, and/or midnight shifts, and will be accomplished in such a manner as to ensure balance of probationary employees between policing districts and shifts. Subject to the aforementioned considerations, police management may also designate certain detail numbers as (8) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 48 "not available for sign-up" based upon the anticipated deployment of any Officers or Recruits in the Patrol Training Program at the time of the matrix bidding. (13) Police management reserves the right to determine the allocation, by shift and district, of P TO positions based upon the needs of the department. Any P TO who elects not to participate in the matrix as a result of these allocations shall declare his/her intention in writing no later than two calendar weeks prior to the matrix bidding process. 7.13.03 Patrol Schedule Exploratory Committee - There is created a Patrol Schedule Exploratory Committee. The purpose of this commíttee will be to research various patrol scheduling systems in an attempt to develop a schedule that will allow for on-duty training of patrol personnel while still meeting minimum staffing needs. This committee will be composed of members selected by the Chief of Police or designee and the Association. The recommendation of the committee will be advisory to the Chief of Police. 7.13.04 Dutv Office: (1) Officers assigned to the Duty Office may be scheduled to work a modified "3112" schedule consisting of three (3) twelve (12) hour work shifts one week, followed by three (3) twelve (12) hour work shifts and one (1) eight (8) hour work shift the next, or vice versa. (2) Officers working in the Duty Office not scheduled on a "3112', basis will be scheduled on a"4110" basis. (3) Work schedules will contain specific hours and day off patterns established andlor modified by agreement of Police Department Management, acting on behalf of the City, and the Association, acting on behalf of the affected members. (4) Hours worked in excess of the scheduled eight (8), ten (10) or twelve (12) hour work shift, or in excess of the scheduled thirty-six (36), forty (40) or forty-four (44) work week, will be compensated as overtime. (5) Either the City or the Association may discontinue this section with thirty (30) days written notice to the other party. The decision to discontinue this agreement is not grievable or appealable. Discontinuation of this section will result in the reinstatement of all schedule and overtime provisions existing in the current MOU. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 49 7.13.05 Non-Minimum Staffinq - Flexinq of Hours: To accommodate the personal needs of members and to create the best working environment, given the context of a police department whose primary goal is service to the community, members assigned to non- minimum staffing units may request and be assigned flexible hours of work. The member's Supervisor may adjust hours of work under the following conditions: (1)The operational needs of non-minimum staff unit shall be the primary concern for a Supervisor when determining a request for flexing of hours. A Supervisor may grant a member's request to flex hours up to one (1) hour before or after the standard shift hours beginning at 0700 and ending at1730. The occasional granting of a flex schedule pursuant to this subsection will be only for specific qualified purposes as determined by a Supervisor. Examples of a specific qualified request by a member may include attending his or her child's baseball game, a doctor's appointment, meeting someone who is arriving at the airport, or some other qualified event. Granting a long-term flex schedule shall require concurrence of the Bureau Commander. Examples of the need for a long{erm flex schedule may include home nurse care for a spouse and the need to relieve the care giver, circumstances involving a "special needs" child, continuing education, or some other qualified event. A Supervisor may require the members to decide amongst themselves who is to be granted a flex schedule. The decision by the members shall be by mutual agreement. lf the members are unable or unwilling to make such decision, the Supervisor shall have the discretion to make whatever decision he or she deems appropriate. With the concurrence of the Bureau Commander and in lieu of granting a flex schedule, a Supervisor may offer to a member the option of a fixed 5/8 schedule with the hours of 0730 to 1600, for a minimum of thirty (30) days. ln order to meet departmental operational and service needs, a Superuisor may terminate, at any time, a member's flexed schedule upon thirty (30) days written notice to the affected (3) (2) (5) (4) (6) (7) Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 50 member. The decision to discontinue a flex hour schedule is not appealable or grievable. 7.1 3.06 Staff Wizard/Corona Solutions: The department may utilize Staff Wizard/Corona Solutions in the deployment of patrol personnel (polícing districts). Deployment is inclusive of the number and scheduling of shifts, the number and configuration of policing districts, members assigned to each shift, and the day off configuration and/or rotation of days off. Data used to develop Staff Wizard/Corona Solutions recommendations at the beginning of each rnatrix period, and the resulting district and shift minimum staffing levels will be based on the number of personnel assigned to the patrol matrix who are not expected to be on injury or other absence status longer than thirty (30) days into the matrix period. Staff Wizard/Corona Solutions recommendations can be implemented up to a maximum of two (2) times in a fiscal year provided that all affected members receive the change that will occur at sign-ups. No shift shall start before 0600. Although Staff Wizard/Corona SolutÍons may recommend SummerMinter base shift hours, management reserves the right at any time to adjust those hours with five (5) calendar days advance notice based on operational/service needs. The department reserves the right to determine initial minimum staffing levels in patrol, by shift and district, at the beginning of the matrix period. During the course of the matrix period, the department may review and increase minimum staffing levels. The department may subsequently reduce the increases, but, except as may be required by budget reductions resulting in actual personnel reductions, may not go below levels initially set for each shift and district at the beginning of the matrix period. Such changes in minimum staffing levels may not occur more often than monthly, and may not cause a cancellation of previously approved time off, or previously approved on-duty training time. The Association will designate a representative who will participate in the process of determining annual Staff Wizard/Corona Solutions recommendations. 7.13.07 Absent with Substitute (AWS): (1) AWS with Trade - ln accordance with Section Z (pX3) of the Fair Labor Standards Act (FLSA) as discussed in 29 CFR 553.31, the City agrees that members may substitute for one another when staffing levels do not permit a member to take time off. The substitution must be during scheduled work hours, and in the Fresno Police Offícers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 51 performance of work in the same capacity. The hours worked are excluded by the City in the calculation of the hours for which the substitute member would otherwise be entitled to overtime compensation under the FLSA and under Section 7.3. When one member substitutes for another, the member being substituted for will be credited as if he or she had worked his or her normal schedule for that shift. (2) Probationarv Officers - Officers on probation may utilize 40 hours of AWS to take time off during any calendar quarter with no restriction on how many hours of AWS they can work during any calendar quarter. Probationary Officers needing to utilize more than 40 hours of AWS to take time off during a calendar quarter may do so with district commander approval. (3) Non-Probationarv Officers - Non-probationary Officers may utilize 120 hours of AWS to take time off during any calendar quarter with no restriction on how many hours of AWS they can work during any calendar quarter. Non-probationary Officers needíng to utilize more than 120 hours of AWS to take time off during a calendar quarter rnay do so with district commander approval, (3) AWS with Compensation - When one member substitutes for another, the member being substituted for will be credited as if he or she had worked his or her normal schedule for that shift. lf the substituting member wishes to be compensated for the substitute shift worked at the baseistraight time rate of pay, then the member being substituted for shall transfer the applicable number of holiday leave, vacation or CTO hours to the substituting member's "like" account. (Note: The member belng substituted for may only select one account from which to take hours for transfer, and those hours shall only be transferred to the volunteer substitute's "like" account. lf the substituting member's selected account is at the maximum allowable balance, the substituting member shall be compensated at the baseistraight time rate of pay from the transferred hours. An internal processing form has been established to accomplish this transfer.) (4) AWS Notification to Department - Mernbers wishing to provide a substitute must notify the department at least 24-hours in advance of the substitution on a form provided for that purpose. The substitute must be satisfactory to the department. lf the substitute is determined to not be a satisfactory substitute, the commanding Officer shall provide the reason(s) in writing within a reasonable amount of time. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 52 7.1 3.08 Proximitv Detail:W (1)The Proximity Detail may be created by the Chief at his discretion. Officers assigned to Proximity Detail may be scheduled to work a modified '3112" schedule consisting of three (3) twelve (12) hour work shifts each week, followed by three (3) twelve (12) hour work shifts and one (1) eight (8) hour shift the next, or vice versa. Work schedules will be modeled according to the below matrix, with specific hours and day off patterns established and/or modified by agreement of Police Depañment Management, acting on behalf of the City, and the FPOA, acting on behalf of the affected Officers. Model Schedule - Proximitv Detail (Week 1) Model Schedule - Proximitv Detail(Week 2) Hours worked in excess of the scheduled eight (8), ten (10), twelve (12) hour work shift or in excess of the scheduled thirty-six (36), forty (40) or forty-four (44) hour work week shall be compensated as overtime. Either the City or the FPOA may discontinue this agreement with thirty (30) days written notice to the other party and to the Labor Relations Division. The decision to discontinue this agreement is not grievable or appealable. Discontinuation of this agreement will result in the reinstatement of all schedule and overtime provisions existing in the current MOU. (2) (3) (4) MON TUE WED THU FRI SAT SUN Officer #1 0600- 1 800 0600- 1 800 0600- 1 800 DO DO 0600- 1 600 DO Officer #2 DO DO 0600- 1 800 0600- 1 800 0600- 1 800 DO DO MON TUE WED THU FRI SAT SUN Officer #1 0600- 1 800 0600- 1 800 0600- 1 800 DO DO DO DO Officer #2 DO DO 0600- 1 800 0600- 1 800 0600- 1 800 0600- 1 600 DO Fresno Políce Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 53 (5)The parties agree that the adoption of the above scheduling provisions for Proximity Officers does not imply acceptance by either party of similar schedule changes for any other unit or personnel within the Department, and agree that this Agreement will not be considered precedent setting in any regard. Any Officer assigned to Proximity Detail shall be selected in accordance with Chapter 7, Section 15. (6) 7.14 ASSIGNMENTS, COVERAGE & HOURS - EXCEPTIONAL PROVISIONS 7.14.01 Patrol Matrix (Supervision): ln the event a Sergeant assigned on the matrix is absent from duty, a position is vacant, or there is no Sergeant assigned to duty, and any commander assigned to the affected district, or the Duty Office determines that a replacement or additional personnel are required, a Sergeant shall be hired back on overtime to fill the vacancy, or, if no Sergeant is available, a Police Specialist, Police Officer, or P TO may be assigned to an acting position to perform the Sergeant's duties. Any Specialist or Officer so assigned for the majority of a shift shall be compensated at the lowest step in the salary range of the Police Sergeant class which is at least three and one-half percent higher than the rate received in the employee's current class. lf such compensation requires a payment greater than highest Step, then highest Step shall be paid. P TO's assigned to be acting Sergeants eþ¿ll eentinue-{e receive p+O-prcmium pay as provided in Section 7.04.03. This subsection shall be in lieu of the "acting pay" provisions of FMC Section 3-260. No additional compensation shall be paid to Police Specialists, Police Officers or PTOs who are assisting in the day to day administration performed by Sergeants nor for acting as a patrol supervisor (Senior Officer available) when the Sergeant is on-duty but unavailable. (3) This provision does not preclude the Gity/Department from designating provisional Sergeants in accordance with FMC Section 3-258. 7.14.02 Special Units - Flexinq of Hours: Sergeants, Specialists or Officers in non-patrol matrix assignments may be assigned flexible hours of work to meet the needs of the department. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) (1) (2) Page 54 The Police Chief or designee may adjust hours of work under the following conditions, without payment at the overtime rate: (1) with the concurrence of the Sergeant, Specialist or Officer; or, (2) in the event of emergency, which is defined as circumstances beyond the control of the City and not having been known forty- eight (48) hours in advance of the circumstance creating the emergency; or, (3) with forty-eight (a8) hours notice to the Sergeant, Specialist or Officer. Adjustments pursuant to this subsection may last no longer than seven (7) consecutive calendar days, nor occur more than once during any thirty (30) day period; or, (4) where the adjustment has been made to cover a special event and the special event is canceled with less than forty-eight (48) hours notice to the department, and the department then promptly cancels the adjustment and returns the Specialist or Officer to the regular schedule. Overtime worked past the scheduled end of a shift shall not considered as a shift adjustment. An adjustment of hours prior to shift shall be considered as an adjustment. Officers assigned to special units receiving "Flexible Hours" premium pay are excluded from the forty-eight (48) hour notice requirement. However, when practical, they will be given as much advance notice as possible when hours are to be flexed. Flexing of these Officers is also not limited to seven (7) days in duration, nor as to frequency. However, when such adjustments exceed thirty (30) days, the Association shall be provided with a plan for a return to regular schedules. The current practice of temporary weekend duty will cease. This does not prohibit the department from flexing Officers under other provisions of the MOU. 7.14.03 Traffic Bureau: Traffic Enforcement Unit (TEU): Hours of Work: Except when necessary to police special operations, including but not limited to traffic and/or DUI enforcement, parades, holiday functions and fairground related activities, the base work hours of the TEU shall be between 0715 be the (1) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 55 (2) to 1800, with the exception that up to forty percent (40%) of the TEU Officers may be worked orì a "8" shift. The "8" shift's base work hours shall be between 0915 to 2000 from October 1 to March 31 , and between 1 1 15 to 22QQ from April 1 to September 30. Meal Period: TEU Officers agree to take a 45-minute unpaid meal period between the second and eighth hour of the work day. lt will be the Officer's responsibility to notify the supervisor if the Officer cannot schedule an unpaid meal period during the specified time set aside for this purpose. An unpaid meal period taken outside the specified hours requires the approval of a supervisor. lf work conditions do not allow an Officer to take an unpaid meal period, the Officer will be compensated at a rate of one and one-half times the base rate of pay for the meal period missed. No more than one-half of the Officers working a given district may take their meal period at the same time, unless specifically approved by a supervisor. Days Off: The days off for the base work hours of between 0715 to 1800 will be Friday, Saturday and Sunday or Saturday, Sunday and Monday. The Officers working the "8" shift may be required to work on Saturdays and Sundays. Officers will receive three (3) consecutive days off during the normal workweek of Monday through Sunday. Flexinq of Work Hours/Davs Off: TEU Officers may be assigned flexible hours of work to meet the needs of the department pursuant to the provisions of Section 7.14.02. Seniority: Depaftment seniority shall be the recognized selection method for work assignments within the TEU, unless there is a clear preference for a specific assignment by the appointing authority. Vacations: TEU vacation sign-ups shall be done by department seniority during assignment sign-ups. No more than fifteen percent (15%) of the entire unit rnay be allowed annual vacation at once, without prior approval of the division commander. Neiqhborhood Traffic Unit (NTU) Base hours for the NTU will be between 1700-0300 hours. Base hours may be adjusted periodically to meet the needs of the department and/or to address weather and climate issues. NTU Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 56 Officers will also be subject to flexing of hours on a day{o-day basis, and wíll accordingly receive premium pay pursuant to Section 7.04.02. NTU Officers will work ten (10) hour shifts. While the primary focus of the NTU will be on traffic and related issues, they may also be assigned to other events, duties or projects, as necessary, to meet the needs of the department. (3) Uniforms/Safety Equipment: Traffic Bureau Officers assigned to motorcycle duty shall be provided, at the City's expense, the safety equipment described in Government Code Section 50081.1. This shall include, but not be limited to, one (1) pair of motorcycle riding boots, three (3) pairs of riding pants, one (1) motorcycle jacket, one (1) pair each of summer and winter gloves, one (1) motorcycle safety helmet and one (1) pair of protective glasses. The safety equipment shall be repaired at the City's expense. lf an Officer assigned to motorcycle duty leaves the Traffic Bureau for one (1) year or more and then returns, the Officer will be equipped with new safety equipment, with the exception of a new jacket. Jackets will be issued to returning Officers as needed at the discretion of the bureau commander. (4) Take-home Vehicles: Traffic Bureau Officers assigned to motorcycle duty, and Officers assigned to the Collision Reconstruction Unit (CRU), will be allowed to drive their assigned vehicles to their residences, subject to the provisions of Section 7.9 (Take-home Vehicles.) (5) Reductions/Reorqanization: ln the event of reductions of personnel from the Traffic Bureau, the TEU and NTU will be considered as €epa+a+e one units for purposes of applying the "last in first out" rule. 7.14.04 Canine Unit - The following applies to Officers assigned to the Canine Unit (includes Narcotics Canine): (1) The City will install kennels at the home of the Officers assigned canines, pay for veterinary care, food, and miscellaneous supplies. Officers assigned canines will be allowed to drive their assigned City vehicle to their place of residence, Except as provided in Section 7.9, Canine Offlcers who reside farther than fifteen (15) miles from the City limits must leave their assigned Fresno Police Officers Association, Basic Unil MOU 9/1 1114 - 6130117 (Redlined Version) Page 57 (s) (2) (4) (5) (6) vehicles at an approved City facility, and provide approved secure transportation for the canine from that point to their residences. Unless inconsistent with this section, Administrative Order 8-8 shall apply with reference to the purpose and benefit of City take- home vehicles. Canine Officers will not be permitted to voluntarily transfer to other assignments during the service life of the Officer's canine. Canine Officers are not precluded from competing for promotional positions. The canine and the kennel installed by the City at the Officers' home are the propefty of the City. ln the event an Officer is no longer assigned to the canine unit, the City reserves the right to maintain ownership of the canine or return the canine to the original vendor or other designated party, as determined by the Chief of Police or designee. Canine Officers are subject to flexible hours of work as described in Section 7.14.02. The base work schedule for Officers assigned to the Canine Unit will consist of a work week of five (5) ten-hour days followed by a work week of three (3) ten hour days, with a total of six (6) days off during the two work weeks, to include at least one weekend. This schedule may be cancelled by the City following thirty (30) days notice to the FPOA, at which time Canine Officers would revert to the 4/10 weekly work schedule set forth in Section 7.13.01(1 ). Police Management reserves the right to determine the allocation of K-9 positions by shift, district and days off to ensure the optimal coverage of such units in the field. Bidding for allocated positions will be done within the Canine Unit, by department seniority, date of hire as a Police Officer. Canine Unit schedules will be established annually to coincide with the patrol matrix, but will not be included in the patrol matrix. Canine units will not be counted to satisfy Watch lll minimum staffing requirements on a daily basis other than as may be requìred to meet those minimum staffing levels established at the beginning of the matrix period. Compensation paid pursuant to Section 7.14.04 is overtime, and is therefore not considered as compensation under the first or second tier of the City's Fire and Police Retirement System. Time spent by the Officers for home care of the canine is considered hours worked pursuant to the Fair Labor Standards Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 58 Act. The canine Officer will be compensated for one (1) hour each day in the care of the canine. Officers may spend more than one (1) hour a day with the canine, but any time over one (1) hour a day shall be considered as normal owner-related activities for the enjoyment of the individual and the canine. Officers that spend more than one (1) hour a day with the canine, and believe that this time is hours worked shall turn in a time sheet no later than the next working day, after the time spent with the canine, to the canine supervisor. Compensation under Section 7.14.04 is not for the pedormance of Police Officer duties and, therefore, compensation for the home care of the caníne will be calculated at one-half the applicable overtime rate of pay for "A" step of the Recruit class. 7,1 1,05 ÂIRPORT TASK FORCE ASSIGNMENT (lneerperated frem Side tetter (^) fne werf weet< for eensist ef five (5) eight heur days beginning 0001 heurs en lAon Offieer/Speeialist shall be seheduled te werk fer mere than ferty eenseestively, Alternate werk sehedules sueh as a li10 er 3/12 ean oeeur, but enly with mutual agreement between the Fresne Peliee Ðepartment and the Fresne Peliee Offieers Asseeiation, matrix' Offieers/Speeial¡sts qualified pursuant te Seetien 7,15,01, and whe are seleeted by the Department-te serve en the Airpert Task pesitiens at the tirne er the Unit sign up, net filled by Offieers/Speeialists qualified pursuant te Seetien+ 7, 1 5,01, will be filled by the least senier nen-prebatienary members during the Unit sign up aeeerding te senierity based en date ef*rire with the DeBartment, after the qualified Offieer#Speeialists have signed up, and in aeeerdanee with Seetiens 7,15,05 and 7,15,06, Any Offieer/Speeialist absent at the time ef the bidding i+ selely + ing (7) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 59 ien- up' the department shall fill the vaeaney' and follew the MOU' @Ferrgh 7,15,06; and aþsent any qualified members; shall revert baek te S€€+i€++Jr1€;0i2= (4) Offieers/Speeialists assigned te the Airpert Task Feree are eligiblete utilize the Absent witl. Substitutien (ÂWS) systern in Offieers/SBeeialists wishing te partieþate in ÂWS with Offieers/Speeialists assigned t+the Airpert Task Feree must first Offieer/Speeialist te attend airpert seeurity training' er te ebtain (S) gff¡eers¡Speel te utilize feur ( l) "Guaranteed teave" deys pep eaeh matrix will eemply with the same list ef eenditiens and preeedures than one guaranteed leave request will þe henered fer any single Task Feree Offieers/Speeialists requests fer guaranteed-leave de Offieers/Speeialists utilized te fill Airpert Task Feree pesitiens bedge= lsn ¿aly¿.ÆI- @ Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 60 7.15 FILLING SPECIAL ASSIGNMENTS Definition: Special units (positions) are defined as all units (positions) outside of patrol matrix duties. 7.15.01 At least once each calendar year the department will administer a written test to qualify Officers/Specialists for assignment to special unit positions. The test will be designed to certify competency in law, policy, procedures and whatever other areas of skill or knowledge the department deems appropriate. The notification of, and minimum qualifications for, the approaching test will be announced by voice mail, and will be posted in work areas, no less than seven (7) days before the date of the test. All Sergeants are deemed qualified for special unit Sergeant openings. (1) Prior to each test the department will determine and announce the "passing" score for the test. While it may be set higher, the passing score will not be lower than 70% correct. (2) Subsequent to each test, the department will establish a non- ranked list of Officers who have passed the test, and are thereby "qualified" for assignment to special unit positions. Said lists will remain in effect three (3) years after which Officers who have not been chosen for a special unit will have to re-qualify to remain eligible. (3) Officers must be off probation @¡sflæ i++atrel-ma+r¡x-A+ies to take the test, Except as provided below, Officers must pass the test and have t+ree{Ð two (2) years of experience in patrol matrix duties at the time of assignment to a special unit. For purposes of this section, any Officer with two (2) or more years of experience in a sworn law enforcement agency accredited by California P.O.S.T. may substitute their prior experience for up to one (l) year of the two (2) year experience in the patrol matrix. Any current or temporary P-TO will be considered "qualified" for assignment to a special unit position. Any Officer who has successfully passed the P-TO exam within the last three (3) years shall also be considered "qualified" for assignment to a special unit position. Any Officer who has passed the most current written ¡s-en-the +ep-ZSl-er#ren+ Sergeant's promotional list exam shall also be Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 61 (4) considered "qualified" for assignment to a special unit. This qualification is good for a period of twelve (f 2) months or the life of the Sergeants list, whichever is greater. ef experience in e s ene (1 ) year ef the three (3) year experienee in the patrel matrix, Offieers eurently assigned te a speeial cnit will net be required te test' ner meet patrel experienee requirements te remain in their Officers and Specialists currently assigned to a special unit, er who returns to patrol matrix duties pursuant to these provisions he/she shall be deemed qualified under this section for one (1) year from the date of leaving the special unit. Sheul*an Offieer whe.has returned te patrel n¡atrix duties net be returned te a tþis seetien befere anether assignment te a speeial unit, Said ime eemBene*s- @ Sergeants who have been demoted for economic or reorganizational issues remain qualified for P TO and Special Unit assignments. (5) ir patrel+atrix{ime. 7.15.02 The conditions below apply to Officers/Specialists/Sergeants who meet the special unit qualifications and wish to be considered for a special unit assignment opening in conjunction with the patrol matrix signups: (1)Prior to October l"t of each year, the department shall conduct a survey of members in a special unit assignment, and who are eligible for a special unit assignment. The purpose of the survey is to assist the department with determining member assignment preferences. Any member in a special unit assignment wishing to return to a patrol matrix assignment shall use the survey to notify the department that they wish to return to the patrol matrix. The survey will ctose the fifteenth (1stn) day following the Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 62 survey's open¡ng. Department Staff Officers will utilize the survey information and meet collectively, as needed, for the purpose of making special unit selections. (21 Members being rotated out of a special unit assignment shall be notified no later than O;tober 31't. (3) Members subject to department reorganization will follow procedures outlined in 7.18.03 (2). (4) A rule of three (3) will be utilized for the interview process, with one additional interested candidate for each additional open position. Each unit will be considered separately for the purposes of determining how many Officers/Specialists/ Sergeants need to be interviewed. (5) The following survey categories will be utilized: (a) I am currently in a special assignment and wish to return to a patrol matrix assignment. (b) | am satisfied with my current special assignment and do not wish to be considered for other special unit assignments. (c) I am satisfled with my current special unit assignment; however, I wish to be considered for other special unit assignments as indicated in order of preference. (d) I am satisfied with my current special unit assignment; however, if I am rotated out, lwish to be considered for other special unit assignments as indicated in order of preference. (e) I am currently assigned to the patrol matrix, but wish to be considered for a special unit assignment as indicated in order of preference. (6) All special unit interviews and selections will be completed by October 31"t of each year. The speciat unit survey is good for one (1) year or completion of a new sulvey, whichever comes first. Otfieers - Ofieers w urut+ Fresno Police Officers Association, Basic Unit MOU 9/11I'14 - 6130117 (Redlined Version) Page 63 This request shall be in a ferm and fermat develeped by the departmenÇ shall speeifieally state the pesitien desired, and shall be direeûed te the Offieers may submit multiple requests fer a variety ef pesitiens, eaeh anders will ferward RFGs te the appreBriete bureau er Seetien Cemmanders where Offieers are respensible fer menitering the-expiratien ef RFCs they have eentinue te be eensidered fer vaeaneies as they eeeur- his request shell be i isien eemmander ever the divisien in whieh the pesitien falls, While Sergeants au er Seotien eeînm @ As-Sergpe+*-€p€nings-eeeur Cemmanding Offieers will netif.' all whe m Cemmanding¡Offieers will narrew the field te ne less than thFee (3) er designee; will then inte.view eaeh eÉ these eandidate+ befere a 7.15.03 The conditions below apply to Officers/Specialists /Sergeants who meet the special unit qualifications, and wish to be considered for a special unit assignment opening outside of the patrol matrix signups: (1) For purposes of this section, the definition of outside the patrol matrix signup will be, any special unit opening that Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 64 occurs after the new patrol matrix begins in January, and prior to the opening of the annual special unit assignment survey. Exception: the department may utilize this process to fill special unit assignments that become open on or after November 1"t when the department is unaware of the assignment opening prior to October 31't. (21 The department will send a department email and voice mail announcing the special assignment opening. (3) Eligible members wishing to be considered for the special unit assignment opening shall submit an email requesting consideration to the designated department representative no later than the tenth day following the email/voice mail announcement. The department may also utilize the special unit assignment sun ey when considering members to be interviewed. (4) Department Staff Officers or their designee(s) will meet internally to select members to be interviewed for the special unit assignment. (5) A rule of three (3) will be utilized for the interuiew process, with one additional interested candidate for each additional open position. Each unit will be considered separately for purposes of determining how many Officers/Sergeants need to be interviewed. fer eensideratiec during the preeeding year, and-request a Meme ef epeni epeni int€FÉ¡ew--€ Cemmanding Offieers may invelve unit supervisers at an}¡ peirt in the seleet¡en+reeess, 7.15.04 The above qualifying and selection process will apply equally to all special unit Besitiens assignments, including Training & Development (T&D) positions. This process will not, however, apply to P TO selections. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 65 7.15.05 The department retains the right to assign any Officer to any special unit position, outside of the above process, when the assignment is made for a specific purpose based on specific need that the Officer assigned can best address. The department will, upon request, verbally identify the specific skill set and the needs to be addressed as well as the time sensitive needs of the department. However, such assignments may be made for no more than one (1) year afterwhich the Officer must have met the above qualifications and process to remain in that or any other special unit position. Chief's Exemption - The ChÍef may select up to five (5) sworn Officers/Specialists/Sergeants to serve in a special unit assignment without time limitations. Officers assigned under 7.15.05 are eligible for assignment under this sub-section. The selected Officer must have successfully completed probation and shall sign an acknowledgment of Section7.15.o1(1)through(4)(5)ffi'Thedepafiment and the association will maintain a copy of the acknowledgment. Once the selected Officer leaves this special unit assignment, the Officer must meet the above qualifications and process to be eligible for any other special unit position as outlined in Section7.15.01(1) through (4) (5) 7.15.06 Should there be insufficient candidates qualified through the above process to fill the positions available, the department may assign any Officer off of probationary status or Sergeant for Sergeant assignment(s) to the open positions as necessary to fill special units. Such assignments may be for no more than one (1) year for any Officer/SpecialisUSergeant so assígned, unless the Officer/SpecialisU Sergeant has subsequently met the qualifications as described above. Officers/Specialist /Sergeants shall be selected using departmental seniority beginning with the least senior Officers/Sergeants. Officers assigned under this section and who do not volunteer for the assignment will be allowed to count this time toward their patrol matrix time. 7.16 DURATION OF ASSIGNMENT - SPECIAL UNITS ONLY 7.16.01 Special Uníts (positions) are defined as all units (positions) outside of the patrol matrix. 7.16.02 Officers and Sergeants assigned to special unit positions shall generally be assigned for a minimum of two (2) years. Movement subsequent to assignment to a special unit is at the discretion of the Chief of Police for the good of the department, and may be accomplished either: Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 66 With the concurrence of the affected Officer or Sergeant, or with thirty (30) days notice to the affected Officer or Sergeant, except that those Officers/Sergeants assigned to investigative units and responsible for investigating felony crimes shall be provided sixty (60) days notice. Effective July 1, 2009, the notification shall not occur between November 1"t and February 28th. 7.16.03 Normal movement under this Section (i.e., 7.16 ) ís not appealable. 7.16.04 Traininq & Development (T&D) Positions: T&D positions will be designed to enhance the abilities and skills of Officers to improve the experience base of potential future superuisors, and to allow the department to assess personnel for future regular special unit assignments. (1) Within three (3) years of the implementation of this MOU, the department will create and identify T&D positions which will number a minimum of five percent (5o/o) of the total number of special unit positions department-wide. (2) T&D positions will generally be one-year assignments. However, in order to coincide with patrol matrix sign-ups, at the discretion of the department, T&D assignments may be as short as six (6) months or as long as eighteen (18) months. (3) Upon completion of a T&D assignment, Officers may be moved to another T&D position, to a regular special unit assignment or returned to patrol. (4) To ensure availability of T&D positions for those seeking them, Officers will be limited to a total of three (3) such assignments. Similarly, Officers may not be assigned to a T&D position in any unit they have been previously assigned. (5) The department has the discretion to determine where the T&D positions will be located, and may change those determinations as positions vacate and are refilled. However, the department will endeavor to spread the ï&D positions as widely as possible, without negatively affecting workflow and productivity to provide the broadest possible experience base for Officers moving through these positions. (6) Should there be insufficient qualified applicants to fill the number of positions dictated by the five percent (5%) minimum the department may reduce that number to coincide with the number of qualified applicants. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 67 7.17 CAREER DEVELOPMENT PROGRAM There is ereated Upon mutual agreement between the City and FPOA, a Career Development Program Exploratory Committee will be convened. The purpose of this committee will be to research and develop a recommendation for a program designed to prepare and assist members seeking advancement within the department to recognize and utilize existing skills and abilities, and to provide pathways for attaining specialized career assignments within the department. Areas for exploration may include evaluation of educational opportunities, lateral and promotional movement, training plans, job steps and the need for a rank between Officer and Sergeant, and/or between Sergeant and Lieutenant. Effeetive July a ¡ 20O9; the eemmittee will be eempesed ef ne less than twe (2) @ d meet quar.terly, (2Ì The ee"nmittee shall issue a prepesed eareer develepment preg+am by June 30, 2012, whieh inelude a jeint reeemmendatien, the Chief ef Peliee, eity Manager. Direeter ef Persennel Serviees afid+he+sse€ie+isn ( l) Within ferty five (4Ð days ef the issuanee-ef the prepesed eareer develepment Bregram, either the City er the Asseeiatien may request that ferrnal n egetiate an the eemmittee, Any reeemmendatiens er prepesal must be agreed to @ay_med¡fy any previsie agreement 7.18 SEN|OR|TY ber 6, 2008) 7.18.01 Definitions: Seniority within rank and class shall begin upon the date on which an Officer receives a permanent appointment to a position in the class. A permanent demotion from a promotional position shall result in loss of accrued seniority in the higher rank. A temporary demotion from a higher rank shall not result in loss of accrued seniority in the higher rank, but seniority in the higher rank will not accrue during the term of the Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 68 demotion. A temporary demotion is defined as a demotion wherein the employee may be reappointed to the higher rank without a competitive process. The seniority of Police Officer/Police Officer Recruit who is hired on the same date shall be as follows: Placement on a promulgated eligible list by score will be the order of seniority. ln cases where Officers/Recruits are hired from Entry Level Lists promulgated on different dates, those hired from the list promulgated first shall have seniority. Seniority for Police Cadet shall begin on the date they are sworn- in as Police Officer Recruit. When hired on the same day from a Lateral Police Officer List and Entry Level Police Officer List, the Lateral Police Otficer will have seniority. When two (2) or more Officers have the same date of hire and no Police Officer promulgated list exists to determine seniority, the most senior will be determined by the Officefs permanent full- time date of hire as a City employee, and if not applicable, seniority will be determined by lottery. The results of the lottery shall be used to determine present and future seniority. 7.18,02 Vacation Selection: Vacation selection by division, section, district or shift, as determined by the department, shall be based upon, and determined by, seniority within the class. 7.18.03 ShifUDetail Assiqnments: The primary consideration in making shift or detail assignments shall be the needs of the department subject to the seniority provisions below. Patrol Matrix Assiqnments: Except as othenryise provided below and in Section 7.13.02 (Matrix Schedules), patrol matrix assignments shall be filled by seniority. Seniority for all work assignments subject to bid in the patrol matrix by Police Officer/Police Specialists shall be by date of hire as a Police Officer or, in the case of a Sergeant, the date of promotion. Any subsequent changes in patrol matrix assignments shall be accomplished as vacancies occur and not by "bumping" or changing of previously existing assignments. (1) (2\ (3) (4) (5) (1) Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 69 (2) Exceotion: An Officer or Sergeant reassigned to the patrol matrix by the department without the consent of the Officer or Sergeant shall be assigned to a shift according to his or her seniority in that class. l ln the event of a departmental reorganization, or a reduction of personnel due to budget restrictions, which reorganization or personnel reduction causes the movement of special units, the movement shall be accomplished as follows: lf there are no volunteers to move, the "last in fírst out" rule shall apply within any affected unit. For purposes of this section, a "unit" will generally be defined as a specialized work group under the control of a supervisor. ln the case of like work groups each under the control of different supervisors, including but not limited to D€SF Tactical Units, Traffic and Narcotics, said units will be considered as one unit for purposes of applying the "last in first out" rule. Exhibit lll (attached) provides an explanation of the intent and application of this section. Subject to the special provisions listed below, personnel displaced pursuant to these provisions may be offered placement in other existing special unit vacant positions. Should no such vacancies exist, or be offered, and the movement will result in a return of personnel to patrol matrix duties, displaced personnel shall be allowed to "bump" the Officer/SpecialisUSergeant most recently assigned from patrol matrix duties to a special unit provided there is a special unit vacancy, and assume that Officer/ SpecialisUSergeant's position. Ties in assignment date seniority shall be broken by department seniority, with the least senior being the one "bumped." Exception: There shall be no bumping from the Canine, Skywatch or Mounted Units or Motors assigned to the Traffic Bureau. Premium Pav Positions: Whenever possible, personnel displaced from premium pay positions shall be considered for placement in other vacant premium pay positions. Placement: The department is not obligated to offer all existing vacancies to displaced personnel, but shall, whenever possible, consider placements that will maintain shift and day off schedules for the affected member. Fresno Políce Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 70 Should the affected Officer/Sergeant accept an alternate assignment pursuant to these provisions, and later request reassignment to patrol, the Officer/Sergeant may not bump a less senior Officer/Sergeant in patrol. 7.19 FEDERAL DRUG POLICY (Federal Omnibus Transportation Employee Testing Act - "ACT") Policv: 7.19.01 The City maintains two separate policies to distinguish those procedures required by the Federal Transit Administration and the Federal Motor Carrier Safety AdministratÍon, entitled : "Controlled Substances and Alcohol Testing Regulations, Fresno Area Express", adopted by the City Council on March 14,2006, which may be amended from time to time, after compliance with applicable collective bargaining laws. "Controlled Substances and Alcohol Testing Regulatíons, Federal Motor Carrier Safety Administration", which may be amended from time to time after compliance with applicable collective bargaining laws. 7.19.02 The parties agree that each policy sufficiently summarizes the current federal regulations required by the ACT. Both policies will be distributed to every affected member of the Fresno Police Officers Association Non- Supervisory Police Unit upon implernentation or amendment of the policies, and at the time of training and orientation. 7.19.03 The parties acknowledge that there currently exists a list of positions subject to the provisions of the two policies: "(a) Controlled Substances and Alcohol Testing Regulations, Fresno Area Express, (b) Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", and should these positions be changed or modified, the parties agree to establish a new list of positions which are subject to these two policies pursuant to the ACT and the Department of Transportation. As personnel changes within these positions, the parties agree that the Department will give notice to the Association and the Risk Management Division of such changes. 7.19.04 The Risk/Safety Manager will be responsible for receiving all information related to the implementation of this policy and directing the applicable disciplinary action in coordination with the Labor Relations Manager. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 71 7.19.05 The parties agree to abide by the federal regulations set forth in each policy. Employees who are members of the Association will also be subject to the provisions of any applicable Department Standing Order, policy or procedure. 7.19.06 Last Chance Agreements do not apply to members of the Association. As required by federal law, employees who have tested positive and who have returned to work, will still be subject to random selection for testing and will be subject to six additional tests for drugs and alcohol during the subsequent year. 7.20 GENERAL TESTING GUIDELINES FOR EMPLOYEES NOT COVERED BY THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING General Requirements Drug and substance tests may also be required under Departmental S+anding O+de++412 Policy and Procedures, as the same may be modified following consultation with the Association pursuant to FMC 3-607. 7.20.01 Whenever a member is assigned to a special unit engaging in drug, narcetie or vice enforcement, such member shall execute a written agreement and release stating full consent, and would be required to take a drug test. 7.20.02 ln the event the City provides an annual scheduled physical, all members weuld shall be required to submit to a drug test. 7.20.03 Sworn members while assigned to any special unit engaging in drug; n€r€et¡€ or vice enforcement shall be required to periodic unannounced drug tests. Subject to the following conditions: A member shall execute a written agreement and release stating full consent to such periodic unannounced drug tests, At the request of the Commander of the Management Support Bureau, the City of Fresno Risk/Safety Manager shall select and schedule the date and time when each member will be tested. Such test may be administered no more than once a year. Under this subsection, any random testing without notice wíll be in compliance with applicable court decisions. 7.20.04 All drug testing noted above will be performed in accordance with the Federal Omnibus Transportation Act, except in those instances where members are unable to provide a urine sample such members may elect Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page72 to provide a blood sample. lt is understood that if a member cannot provide a sufficient sample or, in the alternative, refuses to provide a blood sample, the test shall be considered to be positive. ln addition to any testing requirements contained in this MOU provision, all members are subject to the "ldentification and Consent Procedures" outlined in Administrative Order 2-25, along with its corresponding testing procedures. 7.21 ADMINISTRATION OF PERSONNEL ACT]ONS During the term of this MOU, the Chief of Police or designee shall administer personnel actions, including but not limited to, the areas of grievances, administrative hearings, Skelly hearings and discipline. 7-22 SUEEESS PIAN AtteeheC-¿s-€xþribit lll are the deeuments regarding the Peliee Ðepartment's Plans ean be Ðrafted, Any appeal ef eemments set ferth in a perfermenee evaluatien, ineluding, but net lirnited te referenees te a "Sueeess Plan" shall be as fellews: 7,22-01 ln the first instanee, the member shall initiate the aBBeal- ef any eemments with his/her immediate superviser, The member sha.ll initiate i evalu€+i€ll- 7,22,02 ln the event that the appeal eannet be reselved with the immediate threugh his/her ehain ef eemmand Any sueh appeal shall be submitted within ten (10) days ef reeeipt ef the deeisien, 7,22-03 Eaeh membepef the eemmand staff eensidering¡the appeal shall issue a written deeisien+n the appeal within ten (10) days ef reeeipL 7-22,04 The final steÈ.ef the appeal shall be te the Ðeputy Chief in the ehain ef eemmand ef the apBealing member, The written deeisien ef the Deputy Chief shall be previded te-the member within thirty (30) days ef reeeipt ef 7-^2,05 The member shall have the eptien efuequesting a meeting/hearing with Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 73 7-2^-06 The eemmand staff member hearing¡the appeal shall have the autherity ien- 7-22-Oz The membe¡ may submit a written respense te any deeisien ef-a eem"nand staff mernber, Any sueh written respers+shall be inserted inte @ 7-^2-08 The manner in whieh an empleyee has earried eut his/her "Sueeess Plan" ma)' be refereneed/diseussed only in the "PerfeFrnanee ef Duties" seetien ef tþ'e evaluatien ferm, 7Æ 7.22 DISCIPLINARY PROCEDURESW @DepartmentPolicyandProcedure#340,aswellasthe FMC, City Administrative Orders, policies, procedures, operation manuals, rules and regulations, all as the foregoing exist during the term of this MOU, concerning disciplinary procedures will apply. However, any permanent member receiving a Final Order of Disciplinary Action resulting in a termination, demotion or suspension of one hundred-twenty (12O) hours or more may, in lieu of submitting an appeal through established means per their respective procedures, within fifteen (15) calendar days of service of the Final Order of Disciplinary Action request binding arbitration. lf a request for binding arbitration is submitted by a member or their representative, the member or their representative shall be required to provide a written waiver of their right to bring the matter through any other established means, including an appeal to the Civil Service Board. The arbitrator shall regulate the conduct of the hearing process. The arbitrator shall set the date, time and place of the hearing, which place shall be on City premises, and shall, by certified United States mail, postage prepaid, give not less than ten (10) days notice of such date, time and place to the appellant, or the appellant's designed representative and the appointing authority. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. The arbitrator's decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, Code of Civil Procedure Sections 1280 et seq. The fees and expenses of the arbitrator shall be paid half by the City and half by the Association. The parties shall endeavor to prepare a mutually agreed panel of seven (7) arbitrators to be utilized for the purposes of discipline arbitrations. ln the event that the parties fail to identify a panel of agreed upon arbitrators, the arbitrator shall be selected from a list of seven (7) arbitrators provided by the California State Mediation and Conciliation Service. lf the parties cannot agree on an Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 74 arbitrator from the list of seven, the partÍes shall alternatively strike names until a single arbitrator's name remains. 7,24 7.23 IN LIEU OF SUSPENSION By mutual agreement between the Chief or designee and the affected member, a member suspended from duty without pay may forfeit accumulated holíday, CTO, and/or vacation credits equal to the number of hours of suspension in lieu of the suspension. lf the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the appropriate amount of forfeited credits. This provision is not subject to the grievance procedure. +-25 7.24 USE OF A HEARING OFFICER IN DISCIPL¡NARY ACTION INITIATED BY CITY Members may elect the alternate appeal procedure before a Hearing Officer instead of a hearing before the Civil Service Board, as provided in FMC Section 3-283. 7Æ 7.25 ADMINISTRATIVE HEARING PROCEDURE It is the purpose and intent of the City and the Association to provide for an administrative appeal procedure for a member to appeal "punitive action" which is proposed to be taken against him/her for which an appeal is not othen¡vise provided under the Charter or the Civil Service Rules. For purposes of this section "punitive actions" are defined as written reprimands, reduction or loss of base salary, and transfer/reassignment, when it results in a loss of base salary or is used as punishment. This section is not subject to the grievance procedure. +?164+ 7.25.01 Where the department proposes "punitive action" (as defined above), the affected member shall be advised, in writing, of the department's proposed action no less than ten (10) calendar days before the proposed effective date of the action. 7+6Æt¿ 7.25.02 Any dispute between the parties as to whether the action is "punitive" shall be presented to the Chief of Police or designee. lf the Chief is directly involved in the action it shall be presented to the Administrative Hearing Committee as defined in 7,26,84 7.25.04, below. The Chief or designee or the Committee shall rule on the dispute before proceeding Fresno Police Officers Association, Basic Unit MOU 9/11I14 - 6130117 (Redlined Version) Page 75 with a hearing. lf the Chief or designee or the Committee find no punitive action then the member shall not be entitled to a hearing. 7J,â;ft3 7.25.03 The member shall have ten (10) calendar days after receipt of the notice to respond, either orally or in writing, to the appropriate division commander. An appeal from a member shall suspend the proposed punitive action until the conclusion of this procedure. 7-26.44 7.25.04 The division commander has ten (10) calendar days to respond. lf he or she upholds the proposal or modifies it in a manner unacceptable to the member or fails to respond within the specified time period the member shall have ten (10) calendar days to appeal, either orally or in writing, to the Chief of Police or designee. The Chief or designee is disqualified from hearing the appeal if the Chief or designee has been directly involved in the disputed action. lf the Chief or designee is disqualified, it will be heard by an administrative Hearing Committee. The Committee will be comprised of one representative from the Association and one from the City. A third member from the department will be selected and mutually agreed upon by both pafties and will act as Chairperson. 7,2eO5 7.25.05 The Chief or designee (or the Administrative Hearing Committee) shall hear the appeal within ten (10) calendar days of receipt of the notice of appeal. When the action is heard by the Committee, the Committee will make a recommendation to the Chief or designee within three (3) calendar days. The Chief or designee shall render a written decision to affirm, reject, or modify the Committee's decision within ten (10) calendar days after the hearing. ïhe written decision shall set forth the basis for the decision, the action to be imposed and the effective date thereof. The decision of the Chief or designee shall be final. æ6 7.25.06 The time limits above may be mutually waived by the parties. 7,27 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 76 7.26 GRIEVANCES 7.27-91 7.26.01 Grievance Procedure A grievance is a dispute concerning the interpretation or application of any existing City policy, practice, written rule or regulation governing personnel practices or working conditions, including this MOU. The grievance procedure relates only to existing rights or duties, not to the establishment or abolition of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to, appealto the Civil Service Board, or Retirement Board. A grievance can be initiated by any grieved employee or group of grieved employees, or by the Association on behalf of a grieved employee or group of grieved employees. Grievances should be settled as near as possible to their source and in as informal a setting as possible. 7,27-92 7 .26.02 I nformal Process The grievant (this term includes the Association) must first attempt to resolve the grievance on an informal basis through discussions with the immediate supervisor without undue delay. The ínformal process must be completed within twenty (20) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. lf the grievance is not resolved at the immediate supervisor level, the grievant may attempt to resolve the grievance on an informal basis through discussions with the next levels of supervision, following the chain of command up to the Deputy Chief of Police. Every effort shall be made to find an acceptable solution to the grievance through this informal process. Once the informal process has been exhausted, the grievant may invoke the formal process. 7,27,99 7.26.03 Formal Process A written grievance must set forth the specific rule, regulation, policy, practice, or MOU provision claimed to have been violated, describe the Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 77 specific incident or circumstances of the alleged violation, and specify the remedy sought. 7 27,94 7.26.04 Formal Filinq Procedure The procedure and sequence in filing and processing a grievance shall be as follows: (1) Step One - Filinq the Grievance: The grievant or representative may file the formal grievance within ten (10) calendar days from the last day of the informal process through the grievant's irnmediate supervisor to the Chief of Police or designee. The grievance shall summarize the results of the informal process. lf the Association has not previously been involved, a copy of the grievance shall be submitted to the Association. The grievant or the Association may request to have a meeting regarding the grievance with the Chief of Police or designee in an attempt to resolve the concerns at this level. lf no request for a meeting is made, and upon receipt of the written grievance, the Chief of Police or designee shall give the grievant a written reply within fourteen (14) calendar days. (2) Step Two - Request for Arbitration: lf the grievant is not satisfied with the decision of the Police Chief or designee, only the Association may within ten (10) calendar days after receipt of the written reply, file a request for arbitration utilizing the written grievance and submitting it to the Labor Relations Manager. The Association shall be limited to two (2) such requests for arbitration per fiscal year on a grievance that involves a dispute concerning the interpretation or application of an existing City policy, practice, written rule or regulation. There shall be no limitation on requests for arbitration dealing with MOU interpretation or application. Any request for arbitration that does not meet the requirements of this subsection shall not be processed, and such grievance concludes at Step One above. (3) Step Three -Arbitration and lmmediate Arbitration: Within five (5) calendar days from the receipt of the arbitration request, either party may request the State Mediation and Conciliation Service to submit a list of five (5) neutrals. These neutrals will be statewide experts in the field of labor relations. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 78 Within five (5) calendar days upon receiving the list, the Labor Relations Manager and the Association shall alternatively strike a name from the list, and the last name remaining shall be designated as the neutral arbitrator. The arbitrator selected shall submit the earliest date(s) in which the arbitrator can hold the hearing, of which the Association and the Labor Relations Manager can mutually select a date. The arbÍtrator shall hold a hearing on the issue or issues submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written decision and reasons for the opinion within thirty (30) calendar days following the closing of the hearing, unless the period has been mutually extended in writing by all parties. The decision shall be sent to the City Labor Relations Manager and to the Association. The arbitratofs decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, C.C.P. Sections 1280, et sequentes. lmmediate Arbitration - Either party (City or the Association) may waive the grievance procedure time limits specified in this subsection (i.e.,7.26.04) and proceed to immediate arbitration in any case where the party alleges that the other is threatening to take an action in violation of the MOU in so short a period of time as to disallow the party from proceeding within the time limits of this subsection (i.e., 7.26.04). To put it another way, immediate arbitration may be sought by either party where there is "no adequate remedy at law," or where normally a party would be entitled to seek injunctive relief. However, the method of proceeding to immediate arbitration must be done consistent with the following provisions. The arbitration shall take place no earlíer than the fifteenth (15th) day following the request by the grieving party for such "immediate arbitration," unless othen¡vise mutually agreed. During the two-week period (14 calendar days) immediately following the request for immediate arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. lf the City is the responding party, the Chief of Police and Director of Personnel Services, or their designated representatives, jointly, shall have the opportunity to meet with or othenryise communicate Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 79 (4) with appropriate Association representatives, in an attempt to resolve the dispute. Once the request for immediate arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two-week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two-week period. The parties will attempt to have a standing list of available "immediate arbitrators," but if no agreement on same is reached, the parties will obtain five arbitrators, by telephone, if possible, from the State Mediation and Conciliation Service. The first arbitrator available to hear the matter following the two-week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed to othenruise. The parties are free to mutually agree upon an immediate arbitrator through any other process or agreement. ln any case, the arbitrator selected to decide the grievance shall have the full and equitable power to frame a decision, including an order to the party initiating the grievance to abide by the time limits provided in the grievance procedure, or a restraining order against the party threatening the action, or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may not add to, subtract from, change or modify any provision of this MOU and shall be authorized only to apply existing provisions of this MOU to the specific facts involved and to interpret only applicable provisions of this MOU. Unless the parties agree othenruise,. closing argument shall be presented orally and there shall be a "bench" decision. The parties shall attempt to have the arbitration proceedings completed as quickly as possible, including by meeting nights and weekends, if at all feasible. General Arbitration/lmmediate Arbitration Provisions: An arbitrator shall have, in the arbitrator's discretíon, the ability to hear evidence on both arbitrability and on the merits at the same hearing, holding for a later ruling on the issue of arbitrability. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 80 Time limits set forth in the formal process may be modified by mutual agreement of the grievant or representative and the department or City. Failure of the grievant to file an appeal within the specified time limit for any but the first step of the procedure shall constitute an abandonment of the grievance. The cost of making a stenographic record of the arbitration hearing shall be borne by the party requesting such records. There shall be no post-hearing briefs, except by mutual agreement. The fees and expenses of the arbitrator shall be paid half by the City and half by the grievant; however, the arbitrator may order that the City or the grievant pay the total of such fees and expenses should the arbitrator find that, but for the unreasonableness of a party's posture, the convening for arbitration would not have been necessary. Witnesses who are employees and on duty at the time of the scheduled appearance shall be released from duty without loss of compensation for the time required to testify. No overtime payments shall be made because of scheduled appearances. lndividual grievants shall be released from duty without loss of pay Íor the time of the arbitration hearing. A representative shall be permitted to be present without loss of compensation on behalf of the grievant. Arrangements for release time for grievant's witnesses shall be made with the Labor Relations Manager, who shall issue all appearance notices no later than 24 hours in advance of the scheduled hearing. No employee shall be discriminated against, harassed, coerced, or suffer any reprisal because of filing or processing of a grievance or participating in a grievance procedure. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 81 CHAPTER 8 POLICING SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVICES This MOU chapter sets forth the full and entire understanding of the parties regarding policing special events and contract law enforcement services. 8.1 GENERAL The Fresno Police Department, at the sole discretion of the Chief of Police, may allow private parties and public agencies to contract with the City for additional police service, at a special detail assignment level pursuant to 29 U.S.C. 207 (pX1), (pXZ) and (p)(3), and 29 C.F.R. 553.227 et sequentes. The special detail assignment(s) performed by Police Officer/Police SpecialisUPolice Sergeant classes (hereinafter member[s]), shall consist of, but not be limited to, providing uniformed foot/vehicle patrol to a special events/contract law enforcement services event at the discretion of the Chief of Police. 8.2 PROCEDURES 8.2.01 Members assigned to special events/contract law enforcement services shall be volunteers selected from a special events and contract law enforcement services assignment list. The number and rank of the members assigned shall be determined by the Chief of Police, or designated representative. The Chief of Police may restrict a member frorn working extra duty for the good of the department. (1) Members who desire to be placed on the assignment list must have completed their probation. Members on sick leave, industrial injury leave, "temporary light duty," or leave of absence shall not be eligible. (2) The assignment list shall be the basis for all member assignments. Members who desire to be placed on the assignment list shall notify the Chief's designated representative. All Members on the assignment list shall be notified by City e-mail and may include one optional personal e-mail account when policing special events and/or contract law enforcement services positions are available. The member shall have seventy-two (72)' hours to respond to the Chief's designated representative, via City e-mail only, listing desired assignment(s) in order of preference. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 82 (3) Positions shall be filled using the following process. The Chief's designated representative will sequentially number the e-mails, starting with the first member responding from the assignment list, and so on. The designated representative will then use computer spreadsheet software programmed to select a random number drawn from the sequential numbers assigned to the responding members. The random number selected will be the starting point for making assignments, and for filling the positions. lf the positions are not filled after through the entire list of numbers, the designated representative will continue through the list again, and so on, until all positions are assigned or a subsequent notification is issued. (4) Members who receive an assignment for special events/contract law enforcement services shall receive an e-mail notification containing: the date of the contract, the hours, the location, and the unÍt detail for the special events/contract law enforcement services event, any additional Officer(s) assigned to the same event, contact information for the event, and vehicle information. Any member who submits a request to work a contract assignment and is subsequently awarded a contract assignment shall not cancel their contract assignment to voluntarily work a department overtime assignment or AWS assignment that is awarded after the contract assignment. 8.2.02 Any member who fails to appear for assignment or fails to notify the designated representative of his/her inability to work the assignment, 24-hours prior to the beginning of the assignment schedule, shall be removed from the assignment list. Any member who is removed from the assignment list shall not be eligible for reinstatement to the assignment list for a period of six (ô) months. Removal from the assignment list shall not be deemed a disciplinary action pursuant to Civil Service Board rules or a punitive action pursuant to Government Code Section 3303 (h), and is not appealable or grievable. Members performing special events/contract law enforcement services assignments shall be subject to all rules, orders, and procedures of the Police Department. ln no event shall a member performing special eventsicontract law enforcement services work be assigned to a job site where a labor union picket line has been established. 8.2.03 Once a Contract for Law Enforcement Services has been formally executed, Reserve Officers shall not be used to replace sworn members Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 83 8.3 for policing special events and contract law enforcement services. ln the event a Fresno Municipal Code ordinance concerning policing special events/contract law enforcement services is amended by Council, the parties agree to reopen meet and confer on this subsection (8.2.03) at the request of either the City or the Association. Requests for special events policing and/or contract law enforcement seruices will first be filled by volunteer members available through the assignment list. lf no volunteer members are available, the vacancies may be filled by Reserve Officers. 8.2.04 Generally, calls for service within the special events and contract law enforcement services policing areas may be handled by regularly assigned FOD area patrol units. However, members performing special events and contract law enforcement seruices may be assigned to handle calls for service that are consistent with the duties requested by the contracting party. 8.2.05 Officer working conditions for the Big Fresno Fair shall be established by mutual agreement between the Big Fresno Fair, City of Fresno and the Association, and shall be reflected in a corresponding agreement between the parties. COMPENSATION 8.3.01 The rate of pay for members occupying Police Officer/Police Specialist classes who are working special events and contract law enforcement services assignments shall be at the time and one-half rate for "B-G" Step Police Officer. The rate of pay for members occupying the Police Sergeant class who are working special events and contract law enforcement services assignments shall be at the time and one-half rate for "BC" Step Police Sergeant. Compensation for Otficers/Sergeants for all special events detail assignments worked at the Big Fresno Fair shall be by separate check no later than the last pay period in November of the year the Big Fresno Fair special events detail assignment is worked. 8.3.02 The hours worked, and pay received for special events and contract law enforcement services assignments, shall not be credited toward years of service for retirement benefits or regular overtime. Educational incentives shall not apply to the special events and contract law enforcement services assignment rate of pay. When a vehicle has been requested, one half (1/2) hour of time shall be added to the beginning time of the contract to allow for vehicle check out/in. 8.3.03 The parties agree that for the purpose of FLSA regulations, compensation paid for working special events and contract law Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 84 enforcement assignments is at the applicable overtime rate, and shall not be considered compensation for pension plan benefits calculations. 8.3.04 A member reporting to an assignment site shall receive a minimum of four (4) hours pay regardless of actual time worked. Employment of more than four (4) hours shall be paid to the nearest tenth of an hour for the actualtime worked. 8.3.05 Any accident, illness or injury which arises out of or occurs in the course of employment in a policing special events and contract law enforcement services assignment shall be covered under the city's workers' compensation plan pursuant to Section 7.7. Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 85 CHAPTER 9 HEADINGS MOU chapter, provision, and paragraph headings (includes exhibits, addendums, attachments and side letters) contained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this MOU. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 86 GHAPTER 1O SAVING CLAUSE/FULL UNDERSTANDING 10.1 SAVING CLAUSE ln the event any chapter, section or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific chapter, section or portion thereof specified in the court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated chapter, section, or portion thereof. 10.2 FULL UNDERSTANDING It is intended that this MOU sets fofth the full and entire understanding of the parties, and any previous understanding or agreement by the parties regarding all such matters are hereby superseded and terminated in their entirety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety. Those side letter agreements attached to thís MOU shall continue in force subject to the terms and conditions set forth within each side letter. ln the absence of any specified term in any such side letter, they shall terminate upon the expiration of this MOU. Any new side letter agreement entered into during the term of this MOU shall continue in force and effect subject to the terms and conditions described in the side letter. ln the absence of any term Ín such new side letters, they, too, shall terminate upon the expiration of this MOU. This paragraph is not intended to prevent eíther party from relying on discussions which occurred during the meet and confer process for the purpose of clarifying the meaning of this MOU. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 87 CHAPTER 1 I TERMINATION The provisions in this AgreemenUMOU shall be in full force and effect extended from September 11,2014 through June 30, 2017 upon approval by the City, subject to Section 11.1, below. 11.1 This Agreement/MOU shall become effective only after ratification by the members of the Association followed by City approval and the expiration of the waiting period for the Mayor's action provided in Charter Sections 605 and 609, and shall remain in full force and effect through June 30, 2017 June 30;2015. (lncorporated from 9/30/10 Side Letter Agreement Re: Compensation and Benefits Re-Opener.) The City and the Association previously agreed that the Mayor shall appoint one (1) Police Officer, as defined in Fresno Municipal Code ("FMC") Section 3-301 (p) (S) from a City management position and one (1) firefighter as defined in FMC Section 3-301 (f) from a City management position as voting members to the Fresno Fire and Police Retirement Board under the authority as described in Section 3-305 (a) (1) of the FMC. ln the event any individual(s) so appointed fails to qualify, resigns, retires, or no longer qualifies to serve on the Board, the Mayor subject to the approval of the City Council shall appoint a replacement under the terms and provisions of this agreement within twenty (20) business days. lf a decision is approved by the Fire and Police Retirement Board to separate the commingled investments of the Fresno Fire and Police Retirement System and the Fresno Employees Retirement System, this agreement on Mayoral appointments to the Fire and Police Retirement Board shall immediately become null and void and the appointment provisions contained in FMC Section 3-305 shall apply. During the life of this Agreement/Mou should either party desire to modify its terms or to meet and confer with the other party as to matters within the scope of representation which are not addressed in this MOU, the party requesting any change shall request in writing to meet and confer on the item(s), which item(s) shall be specified in writing. During the term of this AgreemenUMOU, either party may refuse any request by the other to meet and confer without explanation if (1)the item is directly considered and specifically addressed herein; or (2) is directly considered and specifically addressed in any FMC section, charter section or provision, or resolution section, which section 11.2 11.3 Fresno Police Officers Association, Basic Unit MOU 9/11114 - 6130117 (Redlined Version) Page 88 specifically establishes wages, hours, or other terms and conditions of employment; or (3) the specific item was included in an initial written proposal from the party making the request during the meet and confer process which led to this agreement. No unilateral action on any such refused proposal may be taken by the requesting party after such a refusal by the other. It is further agreed, however, that this section shall new not prohibit the City from requesting to meet and confer on changes to federal or state statutes referred to or cited in this AgreemenVMOU, and which impacts the implementation of this Agreement/MOu, in which case the request to meet and confer shall not be refused. Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 89 lN WITNESS WHEREOF, the parties hereto have set their hands this _ day 20'14. FOR THE FRESNO POLICE OFFICERS ASSOCIATION: FOR THE GITY OF FRESNO JACI(Y PARKS BRUCE RUDD City Manager DAMON KURTZ JEFFREY CARDELL First Vice President Director of Personnel Services KEN DODD JERRY DYER Police Officer Chief of Police JOHN CONLEE Police Officer ROB BECIÛ\'ITH Police Sergeant APPROVED AS TO FORÍUI Fresno Políce Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) .'''''.'.'.'' Page 90 EXHIBIT I TABLE I NON-SUPERVISORY POLICE - UNIT 4 SALARIES - EFFECTIVE JULY 1,2014 STEP lnls clole F Police Officer Recruit 4391 4611 Police Officer 5073 5327 5594 5874 61 68 6477 Police Soecialist 5073 5327 5594 5874 61 68 6477 Police Serqeant 61 15 6421 6743 7081 7436 7808 TABLE II NON-SUPERVISORY POLICE - UNIT 4 SALARIES - EFFECTIVE JULY 1,2015 (2o/oincrease - 1% deferred from711l1l and 1% deferred from 111l12l STEP A B c D E F Police Officer Recruit 4479 4703 Police Officer 5175 5434 5706 5992 6292 6607 Police Specialist 5175 5434 5706 5992 6292 6607 Police Serqeant 6238 6550 6878 7222 7584 7964 TABLE III NON-SUPERVISORY POLICE - UNIT 4 SALARIES - EFFECTIVE DECEMBER 31,2016 (2% increase) STEP A B c D E F Police Officer Recruit 4569 4798 Police Officer 5279 5543 5821 6112 6418 6740 Police Specialist 5279 5543 5821 6112 6418 6740 Police Seroeant 6363 6681 7016 7367 7736 8124 Fresno Police Officers Association, Basic Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 91 BETWEEN AND FOR THE CITY OF FRESNO AND FRESNO POLICE OFFIGERS ASSOGIATION (Police Management-Unit 9) September 11,2014 - June 30, 2017 Ð frl Ð rrl rrlcl -fi :-_l l-J r'.) -J c):ì ()r-f'1i')-f _,-l ::lt'I(. , l,ì tl L- i:J __ri C,t )r rl I ,¡ c:) Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page i B.Salaries, Deferred Compensation, Pension Contribution, Health Reimbursement Arrangement (HRA), Benefit payotfs, promotion, and P.O.S.T. Certificate Pay.......... ..............10 1. Salaries ..........10 2, Deferred Compensation ......,.,123. Pension Contribution ............... ..,......134. Health Reimbursement Arrangement (HRA) .....1S5, Benefit Payoffs ................176. Promotion............ ............177. P.O.S.T. Certificate Pay........,. ........17 Service Uniform Allowance ..........,.........1g Fresno City Employees Health and Welfare Trust ................,.1g Wellness Program ................19 Life lnsurance and Long Term Disability Benefits ,..................19 1. Life lnsurance .........,........19 2. Long Term Disability... .....19 Sick Leave Benefit at the Time of Election to Enter the Deferred Retirement Option Program (DROP)or at Retirement...............1g Leaves...... ...........20 1. Síck Leave....... ................20 2. Yacation Leave.... .....,,.....213. Holiday Leave.....,. .......,...21 4. Administrative Leave .......23 Workers' Compensation....,...... .............23 Assignments, Rotation, and Work Schedules ....,,..24 1. Assignments.......... ..........242. Rotation ..........24 3. Schedules ........... ............244. 4110 Work Week for Field Commanders........... .................24 Deputy Police Chief Status....... .............26 Consolidation of Services .....27 c. D. E. F. G. H. L J. K. L. Fresno Políce Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page ii M. Grievances............... -...........27 N. Federal Drug Po1icy.,..........,.. ................29 O, General Testing Guidelines for Employees Not Covered by the Federal Omnibus Transportation Employee Testin9.....,..,....,..................30 P. Díscíplinary Procedures............... .,."......31 ARTICLE VIII - HEADINGS ......33 ARTICLE IX. SAVING CLAUSE AND FULL UNDERSTANDING .,..............34 A. Saving Clause .....34B. Full Understanding ......,........34 ARTTCLEX-TERMTNAT|ON .....,..............35 EXHIBIT I Salary Tabfes...... ...............38 EXHIBIT ll Side Letter on Retirement and Performance Evaluations EXHIBIT lll Agreement between City of Fresno and Employee Organizations Representing City of Fresno Employees dated February 24,2009 EXHIBIT ¡V Performance Evaluation LEGEND *** =deleted old language [$ deleted] = section/subsection deleted/moved [SS deleted] = two or more sectio ns/subsections deleted/moved bold type = new language Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 Page iii A. ARTICLE I PREAMBLE PURPOSE This Memorandum of Understanding, hereinafter MOU, entered into between the City of Fresno, hereinafter referred to as the City, and the Fresno Police Officers Association, hereinafter referred to as the Association, has as its purpose: to establish wages, hours and other terms and conditions of employment for members of this Unit. * * * Upon approval by the city, other than the modifications set forth herein, the parties agree that until this MOU terminates on June 30, * " * 2017, all economic benefits currently afforded to affected members shall remain intact without modification unless othen¡vise agreed to in writing by the parties. [S deleted] DEFINITIONS Unless the particular provision or the context othen¡vise requires, and, except to the extent that a particularword or phrase is othen¡¿ise specifically defined in this MOU, the definitions and provisions contained in Article 3 of Chapter 1 Sections 3-101, 3-201, 3-301, 3-301 and 3-603 of the Fresno Municipal Code, hereinafter FMC, shallgovern the construction, meaning, and application of words and phrases used herein. The definition of each word or phrase shall constitute, to the extent 3gglícable, the definition of each word or phrase * * * orfrom which it is a derivative GOVERNING LAWS The employer-employee relationship between the City and its employees and the City and the Association is governed by Chapter 10 of Division 4 of Title lof the Government Code (Section 3500 et seq. commonly known as the Meyers-Milias-Brown Act), applicable provisions of the Public Employment Relations Board (PERB), and the Public Safety Officers Procedural Bill of Rights Act (POBOR) as may be amended from time to time, and Article 19 of Chapter 2 of the FMC. ln the event of any conflict between said laws and this MOU, or in the event of conflicts in interpretation, said laws shall govern. B C. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 Page 1 A. ARTICLE II EMPLOYEE RIGHTS GENERAL - EMPLOYEE RIGHTS The rights of employees are set forth in FMC Section 3-604 and said Section presently reads as follows: "Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and otherterms and conditions of employment. Employees shall have the ríght to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City, No employees shall be intefered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee or an employee organization because of hís exercise of any of these rights. No management employee or confidential employee shall act as a representative of any employee organization which represents employees other than management employees or confidential employees." EMPLOYEE RESPONSIBI LITI ES All employees in the Police Management Unit acknowledge that the City shall consider the positions and proposals of the Association as the meet and confer positions and proposals of all employees, individually and collectively, in said Unit, NONDISCRlMINATION The provisions of this MOU shall apply equally to and be exercised by all employees of the Unit consistent with state and federal nondiscrimination statutes. B. C. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 2 ARTICLE III CITY RIGHTS A. GENERAL 1. The rights of the City include those rights enumerated in FMC Section 3-605, as the same may be amended from time to time. Specifically: "(a) The exclusive rights of the City include, but are not limited to, the right to (1) determine the missions of its constituent departments, divisions, commissions, and boards; (2) set standards of service and municipal fees and charges; (3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion; (4) direct its employees; (5) take dísciplinary action; (ô) relieve its employees from duty because of lack of work or for other legitimate reasons; (7) maintain the efficiency of governmental operations; (8) determine the methods, means, and personnel by which government operations are to be conducted; (9) determine the content of job classifications; (10) take all necessary actions to catry out its mission in emergencies; (11) exercise complete control and discretion over its organization and the technology of performing its work." 2, The rights of the City include the determination of staffing levels, including but not limited to, statfing by shift and class. Minimum staffing levels, by shift, area, and day of the week, shall be established by appropriate departmental order. Fresno Police Officers Association, Management Unit page 3 MOU 9/1 1t14 - 6t30t17 3. 4. 5. All other rights formerly or presently enjoyed by or vested in the City on the effective date of this MOU and not mentioned in Section 1, (a) are retained by and reserved to the Cíty. Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. This MOU is not intended to restrict consultation in good faith with the Association regarding matters within the right of the City to determine. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 4 B. ARTICLE IV RECOGNITION A. RECOGNITION OF UNIT DESCRIPTION The Police Management Unit consists of all employees holding a permanent position, as defined in FMC Section 3-202 (pX4), in one of the following classes (hereinafter collectively referred to as employee unless otherwise specified), provided that such Unit may be modified from time to time in the mannerdesignated in the FMC: c. Police Lieutenant Police Captain Deputy Police Chief ASSOCIATION RECOGNITION The City acknowledges the Association as the recognized employee organization representing the Unit, and therefore, shall meet and confer in good faith promptly upon request by the Association and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1) week priorto the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. ln order that the meet and confer process includes adequate time for the resolution of any impasse, the City shall accept meet and confer process proposals from the Association as early as February 1,2017, and will be prepared to commence the actual meet and confer process no later than March 1, * * * 2017. CITY RECOGNITION The Association recognizes the City Manager of the City, or such other person as may be designated in writing, as the designated representative of the City, pursuant to FMC Section 3-615, and shall meet and confer in good faith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1 ) week prior to the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 Page 5 D. RECOGNITION OF MUTUAL OBLIGATION The Association and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in this MOU. E. STRIKES No unlawful strikes of any kind shall be caused or sanctioned by the Association during the term of this MOU. F. UNILATERAL ACTION ln the event the meet and confer process for a successor MOU results in an impasse, as defined in the FMC, the City shall not take unilateral action regarding wages, hours, and otherterms and conditions of employment priorto completion of the impasse procedures outlined in the FMC. Fresno Police Officers Association, Management Unit page 6 MOU 9/11t14 - 6t30t17 A. ARTICLE V SCOPE OF REPRESENTATION GENERAL "scope of representation" shall be as defined in FMC section 3-603(w), as the same may be amended from time to time. Said Section presently reads as follows: "Scope of representation" means all matters relating to employer-employee relations, íncluding, but not limited to, wages, hours, and other terms and conditions of employment. Employee rights, as set forth in Section 3-604, and City rights as set forth in Section 3-605(a), are excluded from the scope of representation. REPRESENTATION 1. ïhe city will not interfere with, or discriminate in any way against, any employee by reason of his or her membership in the Association. 2. The Association agrees to represent Unit employees in a manner consistent with the requirements of the Meyers-Milias-Brown Act, POBOR, and applicable state and federal regulations. B. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 Page 7 A. ARTICLE VI DEDUCT]ONS AND ASSOCIAT]ON BUSINESS DUES CH ECKOFF/DEDUCTIONS Rules governing dues check-off are set forth in FMC Section 3-620, as the same may be amended from time to time. The procedures governing dues deductions, agency shop, hold harmless obligations, religious and conscientious objections, and financial reporting requirements, shall be as provided ín Government Code Section 3502.5. 1. The City shall deduct the dues or benefit premiums, or both, upon proper authorization by Association members in the Unit. 2. lf a member in the Unit desires the City to deduct dues or benefit premiums from the member's paycheck, a deduction authorization shall be made upon a Dues Deduction Authorization * * * in the form specified in FMC Section 3-620, as the same may be amended from time to time. 3. A Dues Deduction Authorization * * * may be revoked by a member in the Unit, and the dues or benefit deduction canceled, only during the months of November and December of any year. 4. lf a member in the Unit desires to revoke prior Dues Deduction Authorization * * *, â Dues Deduction Revocation shall be * * * in the form specified in FMC Section 3-620, as the same may be amended from time to time. 5. Upon written authorization by a retired member of the Association, the City shall deduct credit union payments and Association dues monthly from the retirement check of such retired member and fon¡rard same to the credit union or Association as designated in such authorization. 6. Dues Deduction Authorization and Revocation * * * forms are available at the Finance Department, Payroll Section, and Human Resources Division of the Personnel Services Department. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION " * " The earnings of employees who opt to join the Association must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When an employee is in a non-pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor will the employee be allowed to deposit with the City Controller the B. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 8 c amount which would have been deducted if the member had been in apay status during the pay period. Whenever the member's salary is not sufficient to cover other legaf and required deductions, no dues deduction or deposit shall be made. DUES DEDUCTION CHECK 1 . The dues deduction check covering all such deductions shall be transmitted to the Fresno Police Officers Association. 2. The dues deduction check shall be made in favor of the Fresno Police Officers Association. 3. A dues deduction check will be transmitted at least monthly. ASSOCIATION BUSINESS 1. Employees occupying classes represented by the Association shall have their monthly vacation leave accrual levels (denoted in MOU Article Vll, Section H.2., vacation leave), reduced by .583333 hours per month, which shall be placed in a time bank and administered by the department for Association business use. Officers designated by the Association may, with the approvalof the department, attend Association business, including such activities as attendance at Association membership and Board meetings, PORAC and other similar conferences, and direct involvement in charitable Association activities. Time banked under this provision may also be designated by the Association to cover members who Absent with Substitute (AWS) for designated Association members who are attending to Association business. The department is not required to grant time off for Association business if it will require filling the position on an overtime basis. 2. The Association Chairman may use the time banked underthis provision for Association business in eight (8) hour increments to a maximum of 24 hours per week. 3. Any time spent by the Association Chairman, and by members designated by the Association to be on such business, shall be deducted from the Association's time banked balance. lt is furlher agreed by the parties that once accrued vacation leave is donated to the Association, the City no longer has any obligation to compensate, either in cash or in equivalent time off, such members. D. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 9 A. ARTICLE VII COMPENSATION AND BENEFITS GENERAL All economic benefits, provided by Council ordinance or formal Council resolution and not othen¡vise clearly and explicitly modified or restricted in this MOU, shall be continued without alteration during the term of this MOU. SALARIES, * * * DEFERRED COMPENSATION, PENSION CONTRIBUTION, HEALTH REIMBURSEMENT ARRANGEMENT (HRA), BENEFIT PAYOFFS, PROMOTION, AND P.O.S.T. CERTIFICATE PAY 1. Salaries a. Police Lieutenants and Police Captains " * *: i. Effective July 1, 2014, salaries shall be as reflected on Exhibit l, Table l. ii, Effective July 1 ,* * * 2015, a two percent (2%)salary increase, as reflected on Exhibit !, Table * " * ll; and, iii. Effective * * * December 3l ,2016, a two percent (2%) salary increase, as reflected on Exhibit l, Table " * * lll. b. Deputv Police Chiefs * * *: i. Effective July 1, 2014, salaries shall be as reflected on Exhibit l, Table l. ¡i. Effectíve July 1, * * * 2015, the * * * salary range for Deputy Police Chiefs shall be modified to include an increase of* * * two percent (2o/o), as reflected on Exhibit l, Table * * " ll. Deputy Police Chief salaries will be increased by two percent (2%l on the effective date. iii. Effective * * * December 31 ,201O, * * * the salary range for Deputy Police Chiefs shall be modified to include an increase of * * * two percent (2o/o). Deputy Police Chief salaries will be increased by two percent (2%) on the effective date. B. Fresno Police Officers Association, Management Unit MOU 9/11t14 - 6t30t17 Page 10 [$$ deleted] c. RetiremenUDROP i. lt is the intent of this Section B.l.c. to hold members harmless from any negative impact from the following deferred salary increases. The deferred salary increases listed below shall be included, if appropriate, in any retirement benefit or DROP calculations pursuant to the applicable FMC sections for members who separate from City seryice by service retirement ot by disability retirement, or enter DROP. Effective January 1,2011, One percent (1%) Effective July I ,2011, Two percent (2%) Effective January 1,2012, One percent (1%) ¡¡. With respect to Sections 8.1. c, members who retire or enter DROP and are credited with the January 1,2011, July 1, 2011, and January 1, 2012, deferred salary increases in their retirement benefit or DROP calculation shall not be entitled to also include the July 1,2014 and July 1,2015, salary increases set forth in Section 8.1.a. and B.l.b. to their retirement benefit or DROP calculation. ¡¡i. DROP Participants and Retirees (Tier l) - Adjustments effective January 1,2011, July 1,2011, and January 1,2012 to the monthly amount deposited for DROP participants and monthly retirement benefit allowances for retirees shall include all deferred salary increases from Section 8.1.c.i. and be calculated pursuant to FMG Sections 3-301 and 3-302. iv. DROP Participants and Retirees (Tier l) who are credited with the January 1,2011, July 1,2011, and January 1,2012 deferred salary increases as adjustments to their monthly deposited allowances for DROP and monthly retirement allowance shall not be entitled to also add the July 1 ,2014 and July 1, 2015, salary increases set forth in Section 8.1.a. and 8.1.b. as adjustments to their monthly DROP and retirement allowances. Fresno Police Officers Association, Management Unit MOU 9/11t14 - 6t30t17 Page 1 1 DROP Participants and Retirees (Tier 2l - ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recent full calendar year decrease below the CPI percentage for the full calendar year immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decrease in excess of the members'/retirees' cost of living bank shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years DROP Participants and Retirees (Tier 2) - ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recentfull calendar year decrease below the CPI percentage for the full calendar year immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decrease in excess of the members'/retirees' cost of living bank shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years d. DROP Participants and Retirees (Tier 2) - ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recent full calendar year decrease below the CPI percentage for the full calendar year immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decrease in excess of the members'/retirees'cost of living bank shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years. e. ffier l) - An actuarial study will be conducted on amending FMC Sections 3-302 (g) and 3-301 (a) (9) for Tier I members. Upon completion of the actuarial study, there will be a limited reopener of the MOU to negotiate solely on amending these provisions with respect to retirement calculations. The cost of the actuarial study will be shared equally by the City and the Association. [$$ deleted] v. v. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 12 2.Deferred Compensation * * * The City will contribute to the City's Deferred Compensation Plan fifty-five dollars and thirty-nine cents ($5S.SS¡ per employee per pay period to the City's Deferred Compensation Plan. ln order for employees to receive this benefit, the employees must personally enroll in the Deferred Compensation Plan by contacting the deferred compensation administrator(Fidelity) and the Police Department's payroll clerk and authorize a contribution of at least fifty- five dollars and thirty-nine cents ($SS.aS¡ per pay period. This contribution by the City shall not be pensionable compensation; shall not be included in the calculation of retirement benefits; and payment will be prospective from the point of enrollment. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 13 3. Pension Contribution: The following applies to an employee's pension contribution: a. Effective September 22,2014, the two percent (2Vol contribution paid by the City of the employee's required retirement contribution shall be discontinued. On the same date, the existing two percenl(2o/ol supplemental payment for an employee in DROP will be discontinued. Employees in Tier 2 hired on or after September 11, 2014, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by a corresponding amount. ln accordance with lnternal Revenue Code Section 414(h[2l and related guidance, the City shall pick- up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee's accumulated contribution account nor will it be deposited into a member's Deferred RetirementOption Program ("DROP") account. This provision will terminate on implementation of Article Vll, Section 8.3.d. below. Effective September 22, 2014, employees in Tier 2 who were hired before September 11,2014, including those in DROP, who promote from the Basic Unit (Unit 4) into the Management Unit (Unit 9)will pay nine percent (9%) into the pension system. Those employees in Tier 1, including those in DROP, who promote from the Basic Unit (Unit 4) in the Management Unit (Unit 9) will not be required to pay any additional amount, reducing the City's contribution into the pension system. These provisions in Article Vll, Section 8.3.c. will terminate on implementation of Article Vll, Section 8.3.d. below. With the support of the Association, the City will make efforts to amend the Municipal Code to allow the additional contribution amounts above in in Article Vll, Section 8.3.b. to become part of the Member Normal Contribution Rate. When the Municipal Code is so amended, the Gity and the Association agree that, on the b. c. d. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 14 e. first pay period following the date the new FMC provision goes into effect, all of the following will apply: i. The Member Normal Gontribution Rate for members of Tier 2 in the Fire and Police Retirement System hired on or after September 11,2014, shall be twelve percent (12%1. í¡. Active members in Tier 2 who were hired before September 11,2014 including those who promoted from Unit 4 to Unit 9 shall have a Normal Gontribution Rate of ten percent (10%). The City will pay one percent (l%) of the employee's Normal Contribution Rate. ¡¡¡. Members of Tier 1 in the Fire and Police Retirement System shall have their Member NormalGontribution Rate increased by an additional one percent(lVol,which will be added to their existing Entry Age Normal Contribution Rate effective with the change in the FMC in accordance with this Section. The Gity will pay this additional one percent (1%l on behalf of the employee. iv. Members in the DROP program who entered DROP priorto March 7,2011, are not required to make Member Normal Contributions in accordance with the Fresno Municipal Code. v. Members who entered DROP on orafter March7,2011,are required to continue Member Normal Gontributions and their Member Normal Contributions shall be deposited into the member's DROP account. Employees who separate City employment regardless of reason and withdraw their employee contributions from the Fire and Police Retirement System between September 22,2014 and the effective date of a Fresno Municipal Code amendment pursuant to the provisions in in Article Vll, Section 8.3.d. will have an amount refunded by the City equal to the additional amount contributed in accordance with Article Vll, Section 8.3.b. above. Tier 1 DROP participants and Tier 1 retirees were previously granted a total of four percent (a%) in cost of living increases based on the salary deferral language in the previous MOU only; deferrals included a one percent deferred pay increase in f. Fresno Police Officers Association, Management Unit MOU 9/11114 - 6t30t17 Page 15 4. January 1,2011, a two percent in July 1,2011, and a one percent in January 1,2012. On July 1,2014, active employees received a two percent (2%) salary increase which offset two percent(2o/o) of the four percent (4%) deferred salary increases that were credited previously as cost of living increases. The remaining two percent (2%) deferred cost of living increase for Tier I DROP participants and retirees will be offset by the July 1,2015 salary increase in Section in Article Vll, Section 8.1.a. of this MOU. The cost of living calculation for FY 2017 for Tier I DROP participants and Tier 1 retirees will include the December 31, 2016 salary increase in in Article Vll, Section 8.1.a. in accordance with the of cost of living calculation provisions in the Fresno Municipal Code. lS$ deletedl Health Reimbursement Arrangement (HRA) * * * At separation from permanent employment with the city of Fresno by service retirement or at disability retirement if the employee is othen¡rise eligible for service retirement, the value of the employee's accumulated sick leave and cashable vacation leave shall be credited to an account for the employee under the Health Reimbursement Arrangement (HRA) as follows: l$$ deletedl . * * * For employees hired before September '11,2014, and any employees who do not enter DROP, all accumulated sick leave hours multiplied by 50% of the employee's then current hourly base rate of pay at the time of retirement, except that an employee who retires within sixty (60) calendar days of receipt by the City of Fresno Fire & Police Retirement System of an application for disability retirement, if otherwise eligible for a service retirementepplieatien by, or on behalf of the employee, or an application for service retirement (not having submitted an application for disability retirement) shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay. . For employees in DROP hired on or after September 11,2014, accumulated sick leave hours multiplied by 50% of the employee's then current hourly base rate of pay at the time of Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 Page 16 ret¡rement, except that the accumulated sick leave hours shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. o Employees in DROP hired on or after September 11,2014,who retire within sixty (60) calendar days of receipt by the City of Fresno Fire & Police Retirement System of an application for disability retirement if othen¡vise eligible for a service retirement by, or on behalf of the employee, or an application for service retirement (not having submitted an application for disability retirement), shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay, except that the accumulated sick leave hours shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. All payments noted above are dependent upon the employee's eligibility requirement as set forth in the RetiremenVAttendance Health lncentive provision in Section H.1, paragraph 2 * * *, below, and lS deletedl . * * * The total number of all accumulated holiday leave hours at the time of separation for retirement purposes paid at the member's then current hourly base rate of pay. o The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in Exhibit l, multiplied by twelve (12) months then divided by 2,080 hours. * * * At the City's option, HRA accounts * * * may be book accounts only - no actual trust account shall be established for any employee. A book account means that no actual trust account shall be established for any member. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's lnvestment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. lf the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. Fresno Police Officers Association, Management Unit MOU 9/1 ',il14 - 6t30t17 Page 17 5. [S deleted] Benefit Pavoffs Benefit payoffs (e.9, holiday, administrative leave) shall be at the employee's applicable base rate of pay, as reflected in Exhibit l, Tables l, ll, and lll * * * at the time of payment. However, employees shall not be allowed to cash out any accumulated hours of sick andlor vacation leave pursuant to the HRA set forth in Section 8., paragraph 4 * * *., above. Promotion a, For classes which have step increases (Police Lieutenant and Police Captain), movement to the next higher step will be at the discretion of the Chief of Police, based on the employee's last Annual Performance Evaluation which demonstrates that the individual meets the job standards for that class. Lieutenants * * * who are promoted * * * will be placed at Step D of the class promoted to if the higher level class contains steps. b. Employees who are promoted from the Basic Unit (Unit 4) to the Management Unit (Unit 9) will be promoted to a step which is not less than three and one half percent (3.5%) above compensation at the lower classification to include all premium pays actually received at the time of promotion, but excluding any overtime payments; or, fifteen percent (15%) above top step Sergeant, whichever is greater. c. The value of education incident plan (ElP) premium pay held in the FPOA Unit 4 class at the time of promotion to a FPOA Unit g class shall be considered in the calculations for determining step placement shall not be less than the "C" step level. This value consideration calculation is applicable solely to the promotional step placement determination described in this Subsection. P.O. S.T. Certificate Pav - All compensation earned by a member pursuant to this sub-section shall be in addition to any other incentive and/or premium pays received and shall be compensable for retirement purposes. a. Members who have satisfactorily attained the Supervisory P.O.S.T. Certificate shall be compensated at a rate of four percent (4%) above the member's base rate of pay, 6. 7. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 Page 18 c b. Effective July 1 ,2009, members who have satisfactorily attained the \Management P.O.S.T. Certificate shall be compensated * * * nine percent (9%) above the member's base rate of pay. SERVICE UN IFORM ALLOWANCE * * * Employees shall receive a total of $1 ,200 as a service uniform purchase and maintenance allowance, prorated and to be paid in a separate check on a pay period-by-pay period basis. The service uniform allowance provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for a member. * * * [$ deleted] FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST The City and the Association agree that the Fresno City Ernployees Health and Welfare Trust has the sole authority to determine the benefits that will be provided during the term of this MOU. The sole responsibility of the City underthis clause is to provide a set dollar amount to be contributed to the Trust on behalf of the members represented by the Association. * * " Effective October 1,2014, the City's contribution will be seventy-five percent (75o/ol of the employee's health and welfare premium. Subsequently, the cost of any increase in the health and welfare premium will be shared equally between the City and the employee, with fifty percent (50%)to be paid by the City and fifty percent (50%) to be paid by the employee, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno Gity Employees Health & Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70o/ol. Members may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The parties also agree to work collectively in conjunction with their Board representatives to research and recommend potential cost-saving measures forthe Health & Welfare Trust, which may include a choice of health program options based on individual need or preference, including a reduced option equivalent to the City's premium contribution, a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employees who require prescription drug therapy for any period of 90 days or more; or other measures that may be identified as this work progresses. [$ deletedJ D. Fresno Police Officers Association, Management Unit MOU 9i 11114 - 6t30117 Page 19 E WELLNESS PROGRAM 1. Wellness Program Development Committee Effective October 1,2014, the Wellness Program will be discontinued; however, members that earned a wellness incentive during FY 14 will receive the incentive in FY 15. [$$ deleted] Effective July 1 , 2009, the benefits provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for a member. LIFE INSURANCE AND LONG TERM DISABILITY BENEFITS 1. Life lnsurance: The Life lnsurance benefit up to the active employee's 70th birthday is 100% of annual earnings, rounding up to the next $1,000, with a maximum of $150,000. ln addition, employees assigned to the bomb squad shall have accidental death, dismemberment and paralysis insurance coverage in the amount of $250,000. 2. Lonq Term Disabilitv: An employee is eligible for long term disability insurance after 30 days from the date of the disability or after all sick leave is exhausted, whichever is greater. The benefit amount is 66 2l3o/o of salary up to age 65. The maximum benefit period differs after age 61. For more specific information, referto the i n surance ce rtificate. SICK LEAVE BENEFITATTHE TIME OF ELECTION TO ENTERTHE DEFERRED RETIREMENT OPTTON PROGRAM (DROP) OR AT RETTREMENT. An employee who meets the criteria as outlined below, will receive only one of the following benefits based on whether or not the employee enters the DROP program before retiring from City employment. L For an employee who has reached the minimum retirement age and who has elected to enter the DROP Program, the calculation of the employee's monthly DROP amount shall include an amount equalto fifty percent (50%) of the employee's unused sick leave balance as of the DROP entry date, with the sum calculated by multiplying fifty percent (50%) of the hours of F. tr. Fresno Police Officers Association, Management Unit MOU 9i11t14 - 6t30t17 Page 20 H. unused sick leave by the hourly base rate of pay for the employee in effect as of the DROP entry date. The employee's pension contribution on this amount will be calculated as of the date of DROP entry by multiplying the lump sum described above in this subparagraphl. by the employee's pension contribution rate and that amount will be deducted from the employee's DROP account. The City will also be requíred to make a corresponding pensÍon contribution to the retirement system based on the additional pensionable compensation created by the Sick Leave Benefit, 2. Forthe employee who has reached the minimum retirement age and retires from the City without entering DROP, an amount equal to fifty percent (50%) of the employee's unused sick leave balance shall be included in the computation of the employee's retirement allowance as if it were a one-time payment at the hourly base rate of pay for the employee in effect at the date of retirement. The employee and the City will make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Sick Leave Benefit. The employee's retirement contribution will be calculated as of the date of retirement by multiplying the lump sum described above in this subparagraph 2. by the employee's pension contribution rate and the employee agrees to have this amount withheld from the employee's first retirement benefit payment from the Retirement System as the employee's retirement contribution for this additional amount of pensionable compensation. This provision shall not apply to employees who retire prior to age 50 due to a disability or to former employees that have separated from City service prior to reaching the minimum retirement age and have elected a Deferred Vested status in the City of Fresno Fire & Police Retirement System. 3. Hourly base rate shall be the equivalent of the monthly salary for an employee provided in Exhibit I multiplied by twelve (12) months then divided by 2,080 hours. LEAVES 1. Sick Leave: * * * Effective October 1,2014, employees shall accrue sick leave at the rate of * * * seven and one half (7.5) hours for each completed calendar month of employment, with unlimited accumulation. The FMC, City administrative orders, departmental polícies, procedures, rules and regulations concerning sick leave usage and administratíon will continue to apply.Administrative Order 2-19.1, Attendance Policy, shall no longer apply to members of this Unit. The attendance/health incentive component detailed below will also continue to apply. Fresno Police Officers Association, Management Unit MOU 9/11114 - 6t30t17 Page 21 2 Retirement AttendanceiHealth lncentive - At service retirement or at a disability retirement if the employee is othen¡vise eligible for seruice retirement, the employee will be credited for * * * unused sick leave pursuant to the city's Health Reimbursement Arrangement as set forth in Section 8,, paragraph 4.* * * above * * * to be used solely to pay premiums for medical insurance (including COBRA premiums) * " *. Vacation Leave: a. * " * Effective October1,2014, employees shallaccrue * * * 17.167 hours * * * (Pursuant to MOU Adicle Vl, Section D., Subsection 1. each employee's applicable accrual rate will be reduced monthly by .583333 hours for Association time bank purposes.) Employees are allowed to accrue 500 hours of vacation leave. upon separation from the City, the balance of accrued vacation leave shall be: (1) Credited to the City's Health Reimbursement Arrangement (HRA) as set forth in Section 8., paragraph 4.* * *, above, or; (2) lf not eligible for participation in the HRA, the balance of accrued vacation leave shall be cashed out. b. No employee's vacation accumulation shall cease due to refusal by the City to grant vacation leave prior to the employee's reaching the vacation accumulation limit applicable to the employee's position and length of seruice. ln the event an employee requests in writing vacation leave one month prior to the month in which the limit would be reached, and such request is refused, the Chief of Police or designee shall extend the employee's accumulation limit for ninety (90) days, during which time the employee shall be scheduled for vacation leave sufficient to reduce the employee's balance below the accumulation limit. Holidav Leave: a. Employees shall accumulate eight and twothirds (B 2/3) hours of holiday leave for each completed calendar month of employment. lS deletedl b. " * * The cap for accumulated monthly holiday leave shall be * " * 96 hours. * * * c. * * "Employees who are at the 96 hour cap will receive an automatic pay down of any hours exceeding the cap * * *. 3. Fresno Police Officers Association, Management Unit MOU 9/r 1t14 - 6t30t17 Page 22 [$ deleted] d. * * * On July 1 ,2O11, all holiday leave balances in excess of g6 hours* * * were placed as a one-time deposit in a "Special Holiday Leave Bank", which hours may be used as follows: Special Holidav Leave Bank i. Approved leave; ii. Absent With Substitute (AWS) agreements transferred only to the substituting employee's regular holiday bank; iii. Voluntary cash-out of forty-three (a3) hours each FY beginning in FY14 * * *; and, iv. Voluntary cash-out of one-hundred (100) hours immediately prior to separation or prior to the employee filing retirement papenruork. " " * Employees may not place any additional hours in the Special Holiday Leave Bank. At separation from City service, all remaining hours in the Special Holiday Leave Bank shall be credited to an HRA account for the employee if eligible for service retirement as set forth in Article Vll, Section B. 4.* * *, or cashed out at separation if not eligible to participate in the HRA. [$ deleted] d. Effective July 1, 2012 through June 30, 2015, members may voluntarily request the department to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours pe¡ fiscal vear. e. Effective July 1, 2015, members may voluntarily request the department to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours pel month. f. At separation, for retirement purposes, the employees' accumulated regular holiday leave hours shall be paid atthe member's then current hourly base rate of pay in accordance with Article Vll, Section B. 4.* * *, or cashed at separation if not eligible for the HRA. g. A Tier 2 member who has reached the minimum retirement age and elects to enter DROP or retire (not having entered DROP), shall have Fresno Police Officers Assocíation, Management Unit MOU 9/11114 - 6t30t17 Page 23 4. amounts equal to the member's unused holiday leave balance and Special Holiday Leave balance (at the DROP etfective date or retirement date, not having entered DROP) multiplied by the member's current hourly base rate of pay included in the computation of the member's final average salary as if ít were a one-time payment. Based on the additional pensionable compensation, the member and the City will make corresponding pension contributions to the retirement system. The employee agrees to have this pension contribution amount withheld from the employee's DROP account, if entering DROP, or from the employee's final paycheck (not having entered DROP). Administrative Leave: * * * Employees shall receive sixty (60) hours of administrative leave each fiscal year. The Police Chief or designee may grant up to an additional thirty{wo (32) hours administrative leave each fiscalyearto employees. This additional administrative leave will be based on above average or higher job performance and merit as determined by the Chief or designee. The decision by the Police Chief or designee to grant such additional leave shall be made during June and is effective July 1't of the fiscal year in which it may be taken. Any such additional administrative leave cannot be cashed in by employees. Employees may receive payment for up to sixty (60) hours of Administrative leave not taken during the fiscal year. Any Administrative leave not taken or compensated for shall not be added to the leave credited in the next fiscal year. lS$ deletedl WORKERS' COMPENSATION 1. [$ deleted] Notwithstanding the provisions of FMC Section 3-118, an employee who suffers an injury or illness in the course and scope of City employment on or after January 1 ,2010 shall become entitled, regardless of his or her period of service with the City, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments as provided by California Labor Code Section 4850. The remaining provisions of FMC Section 3-118 shall apply. Employees on "light duty" as a result of an injury or illness suffered in the course and scope of employment shall receive their regular salary during the period of light duty. [$$ deleted] Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 Page 24 J. 2. lf the employee is placed on síck leave, vacation or holiday pending determination as to whetherthe injury or illness is industrial, and the injury is determined to be industrial, sick leave, vacation or holiday shall be restored within thifiy (30) calendar days of such determination, and the employee placed on work related injury/illness leave as provided herein. 3. Retirement benefits shall not be reduced as a result of a member receiving Workers' Compensation benefits. 4. Taxes shall not be withheld on compensation due to injury in the line of duty. ASSIGNMENTS, ROTATION AND WORK SCHEDULES 1. Assiqnments: Assignments are determined by the Police Chief or designee based on the needs of the Police Department. 2. Rotation: It is the prerogative of the Police Chief or designee to rotate Police Management personnel as necessary for the good of the service. Schedules: It is the prerogative of the Police Chief or designee to assign employees to a 5/8, 9/80 or 4110 schedule as necessary for the good of the service. Work Week for Field Commanders Newly promoted Police Lieutenants will be assigned to the patrol division for a minimum of six (6) months before they are eligible for non-patrol assignments. Chief's Exemption: The Police Chief may select up to two (2) newly promoted Police Lieutenants to serve in non-patrol assignments without time limitations. The department and the association will maintain a copy of the acknowledgment. Once the selected Police Lieutenant leaves this non-patrol assignment, the Police Lieutenant must be assigned to the patrol division for a minimum of six (6) months before they are eligible for any non-patrol assignment. Police Líeutenants designated as Field Commanders of a Patrol Bureau in the Field Operations Division are assigned to a 4/10 work 3 4 a, b. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 25 c. d. e f. schedule. lt is the prerogative of the Police Chief or designee to reassign employees to another schedule other than a 4110 as necessary for the good of the service. A 4l1O work schedule consists of four (4) ten (10) hour work days. The work week begins 0011 hours on Monday and ends on 2400 hours the following Sunday. Each 4/10 schedule within the work week consists of a total of forty (40) scheduled hours of actual work time. * * * Police Lieutenants desígnated as Field Commanders of a patrol Bureau in the Field Operations Division may be scheduled to work a modified "3112" schedule as agreed upon by the Department and FPOA. An employee assigned to a 4110 or 3/12 schedule who is off on a holiday which is a regular work day shall utilize leave balances accrued in the holiday work bank, administrative leave bank, or vacation bank. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift and one day off in addition to regular days off, per 14-day period broken down into two 4O-hour per week Fair Labor Standards Act (FLSA) work weeks. All employees working a g/80 work schedule shall have an FLSA work week which begins four (4) hours after the start time of the day of the week which constitutes the employee's alternating day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. The workweek foreach such position will be defined in writing. The original document will be maintained bythe Department and a copy filed with the Personnel Services Department and the Payroll Division of the Finance Department. Employees shall accumutate eight (8) hours of sick leave per month, and receive sick leave pay for the actual number of hours absent. Employees on a 4110 or 3/1 2 plan shall accumulate the same number of hours of vacation per month under a 5/8 plan. Vacation leave will be granted for the actual number of hours absent. Absent with substitute (AWS) - Police Lieutenants assigned as Field Commanders may utilize AWS to find a replacement. Any police Lieutenant may work as a Field commander replacement as ouflined below. AWS with Trade - ln accordance with Section 7(p)(3) of the Fair Labor Standards Act (FLSA) as discussed in 29 CFR g. h. (1) Fresno Police Officers Association, Management Unit MOU 9/1 1tl4 - 6t30t17 Page 26 K. 553.31, the City agrees that members may substitute for one another when staffing levels do not permit a member to take time off. The substitution rnust be during scheduled work hours, and in the performance of work in the same capacity. When one member substitutes for another, the member being substituted for will be credited as if he or she had worked his or normal schedule for that shift, (2) AWS with Compensation - When one member substitutes for another, the member being substituted for wíll be credited as if he or she had worked his or her normal schedule for that shift. lf the substituting member wishes to be compensated for the substitute shift worked at the base/straight time rate of pay, then the member being substituted for shall transfer the applicable number of holiday leave, vacation or administrative leave hours to the substituting member's "like" account. (Note: The member being substituted for may only select one account from which to take hours fortransfer, and those hours shall only be transferred to the volunteer substitutes "like" account. lf the substituting membefs selected account is atthe maximum allowable balance, the substituting member shall be compensated at the base/straight time rate of pay from the transferred hours. An internal processing form has been established to accomplish this transfer.) (3) AWS Notification to Depaftment- Members wishing to provide a substitute must notify the Department using the internal processing form. The substitute must be satisfactory to the Department. lf the substitute is deterrnined to not be a satisfactory substitute, the commanding officer shall provide the reason(s) in writhing within a reasonable amount of time. DEPUTY POLICE CHIEF STATUS An employee holding the position of Deputy Police Chief who is removed for reasons other than malfeasance or misconduct may return to a position in the previous class held. For example, if the Deputy Police Chief has previously held status as a Police Captain, the employee has return rights to a position in the class of Police Captain. The Police Chief or designee has the prerogative of assigning the former Deputy Police Chief as necessaryforthe good of the service. Time spent in the Deputy Police Chief position will be considered in determining seniority in the last previous job class held. No other employee in this Unit shall be demoted (bumped) to a position in a lower class as a result of this action. Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 27 L CONSOLIDATION OF SERVICES The City recognizes its obligation to meet and conferwith the Association regarding consolidation of Police services with Fresno County, to the extent it affects wages, hours and other terms and conditions of employment for members of this Unit. Notwithstanding the provisions of Article X, Termination, mention of this issue herein shall not preclude action by the City regarding consolidation after conclusion of the meet and confer process. GRIEVANCES A grievance is a dispute concerning the interpretation or application of any existing City policy, practice, written rule or regulation governing personnel practices or working conditions, including this MOU. The grievance procedure relates only to existing rights or duties, not to the establishment or abolition of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure including, but not limited to, appeal to the Civil Service Board, Retirement Board or unfair employer-employee relations charge fact finding procedure. A written grievance must set forth the specific rule, regulation or policy claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought. Any dispute between the parties as to the grievabilíty of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advisory Committee. The Committee shall rule on the dispute before proceeding with the hearing, The procedure and sequence in filing and processing a grievance shallbe as follows: a. The grievant or grievant's representative shall discuss the grievance with the grievant's immediate supervisor before a written grievance may be filed. Grievances should be settled as near as possible to their source and in as informal setting as possible. The parties agree that every effort shall be made to find an acceptable solution through this informal process before a written grievance is filed. (1) lf the grievance is not settled through the informal process, a written grievance may be filed with the grievant's immediate supervisor. A written grievance must be filed within twenty-one (21 ) calendar days from the time the grievant becomes aware, or should have become aware of, the issue or incident giving rise to the problem. The grievance shall summarize the results of the informal process. M. 1. 2 3. Fresno Police Officers Association, Management Unit MOU 9/11114 - 6130117 Page 28 b. (2) Upon receipt of a written grievance, the immediate supervisor shall give the grievant a written reply within seven (7) calendar days. Should the grievant not be satisfied with the answer received from the immediate supervisor, the grievant may, within seven (7) calendar days, file an appeal with the Police Chief or designee. The Police Chief ordesignee shallhave fourteen (14) calendardays afterreceipt of the appeal to review the matter, investigate and provide a written answer to the appeal, explaining clearly the decision or proposed action and reasons thereof. The Police Chief or designee may confer with the grievant and appropriate supervisors in an attempt to bring about a harmonious solution. lf the grievant is not satisfied with the decision of the Police Chief or designee, the grievant may within seven (7) calendar days after receipt of the written reply, file a request for a review of the Police Chief or designee's decision to the Grievance Advisory Committee. The grievance shall be reviewed by the Association before it is referred to the Grievance Advisory Committee. (1) From the date a grievance othenryise meeting allcriteria forthe filing and processing of a grievance reaches the Labor Relations Division, the Grievance Advisory Committee shall be convened within twenty-eight (28) calendar days in order to hear the grievance. (2) All time limits herein may be extended by mutual agreement of the parties. (3) The Grievance Advisory Committee shall talk to the grievant and the supervisor involved to set forth in writing the facts of the pafticular situation as objectively as possible and recommend a solution to the City Manager within fourteen (14) calendar days of their last meeting. The City Manager shall review the decision of the Police Chief or designee, recommendations of the Grievance Advisory Committee and shall then render a written decision to the employee within fourteen (14) calendar days after receipt from the Grievance Advisory Committee. Failure of the grievant to file an appeal within the specified time limit of the procedure beginning within subsection 3. b. shall constitute an d. ô Fresno Police Officers Association, Management Unit MOU 9/11114 - 6130117 Page 29 N. abandonment of the grievance. Failure of the responsible supervisor or officialof the City to render a decision within the specified time limit established by this procedure shall automatically move the grievance to the next higher level for action, without action required of the grievant. 4. The Grievance Advisory Committee shall be comprised of one employee selected by the Association, one employee selected by the City and a third individual to be mutually agreed upon by the City and the Association who shall serve as the Chairperson. 5. Employees and Association Representatives shall be allowed reasonable time off without loss of pay to present grievances under this procedure. FEDERAL DRUG POLICY (Federal Omnibus Transportation Employee Testing Act-.ACT') Polícv: The Cíty maintains two separate policies to distinguish those procedures required by the Federal Transit Administration and the Federal Motor Carrier Safety Administration, entitled : "Controlled Substances and Alcohol Testing Regulations, Fresno Area Express", adopted by the City Council on March 14,20Q6, which may be amended from time to time, after compliance with applicable collective bargaining laws. "Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", which may be amended from time to time after compliance with applicable collective bargaining laws. The parties agree that each policy sufficiently summarizes the current federal regulations required by the ACT. Both policies will be distributed to every affected member of the Fresno Police Officers Association Non-supervisory Police Unit upon implementation or amendment of the policies, and at the time of training and orientation. The parties acknowledge that there currently exists a list of positions subject to the provisions of the two policies: "(a) Controlled Substances and Alcohol Testing Regulations, Fresno Area Express, (b) Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", and should these positions be changed or modified, the parties agree to establish a new list of positions which are subject to these two polícies pursuant to the ACT and the Department of Transportation, As personnel 1. 2 3. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130t17 Page 30 o. changes within these positions, the parties agree that the Deparlment will give notice to the Association and the Risk Management Division of such changes. 4. The Risk/Safety Manager will be responsible for receiving all information related to the implementation of this policy and directing the applicable disciplinary action in coordination with the Labor Relations Manager. 5, The parties agree to abide by the Federal Regulations set forth in each policy. Employees who are members of the Association will also be subject to the provisions of any applicable Department Standing Order, policy or procedure. 6. Last Chance Agreements do not apply to members of the Association. As required by federal law, employees who have tested positive and who have returned to work, will still be subject to random selection for testing and will be subject to six additionaltests for drugs and alcohol during the subsequent year. GENERAL TESTING GUIDELINES FOR EMPLOYEES NOT COVERED BY THE FEDERAL OMNI BUS TRANSPORTATI ON EMPLOYEE TESTI NG General Requirements Drug and substance tests may also be required under Depaftmental * * * policy and Procedures, as the same may be modified following consultation with the Association pursuant to FMC Section 3-607. 1. Whenever a member is assigned to a special unit engaging in drug * * * or vice enforcement, such member shall execute a written agreement and release stating full consent, and would be required to take a drug test. 2. ln the event the City provides an annual scheduled physical, all members* * * shall be required to submit to a drug test, 3. Sworn members while assigned to any special unit engaging in drug * * * or vice enforcement shall be required to periodic unannounced drug tests subject to the following conditions: A member shallexecute a written agreement and release stating fullconsent to such periodic unannounced drug tests. At the request of the Commander of the Management Support Bureau, the City of Fresno Risk/Safety Manager shall select and schedule the date and Fresno Police Officers Association, Management Unit MOU 9/11t14 - 6t30t17 Page 31 P time when each member will be tested. Such test may be administered no more than once a year. Under this subsection, any random testing without notice will be in compliance with applicable court decisions. 4. All drug testing noted above will be performed in accordance with the Federal Omnibus Transportation Act, except in those instances where the members*are unable to provide a urine sample such members may elect to provide a blood sample. lt is understood that if a member cannot provide a sufficient sample or, in the alternative, refuses to provide a blood sample, the test shall be considered to be positive. 5. ln addition to any testing requirements contained in this MOU provision, all members are subject to the "ldentification and Consent Procedures" outlined in Administrative Order 2-25, along with its corresponding testing procedures. DISCIPLINARY PROCEDURES " " * * * * Department Policies and Procedures #340, as well as the FMC, City Administrative orders, policies, procedures, operation manuals, rules and regulations concerning disciplinary procedures will apply. However, any permanent employee receiving a Final Order of Disciplinary Action resulting in a termination, demotion or suspension of one hundred-twenty hours (120llor more may, in lieu of submitting an appeal through established means per their respective procedures, withín fifteen (15) calendar days of service of the Final Order of Disciplinary Action request binding arbitration. lf a request for binding arbitration is submitted by an employee, the employee or their representative shall be required to provide a written waiver of their right to bring the matter through any other established means, including an appeal to the Civil Service board. The arbitrator shall set the date, time and place of the hearing, which place shall be on city premises, and shall, by certified United States mail, postage prepaid, give not less than ten (10) days notice of such date, time and place to the appellant, or the appellant's designated representative and the appointing authority. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. The arbitrator's decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, Code of Civil Procedure Section s 1280, et seq. The fees and expenses of the arbitrator shall be paid half by the City and half bythe Association. The pafiies shall endeavor to prepare a mutually agreed panel of seven (z) arbitrators to be utilized for the purposes of discipline arbitrations. ln the event that the parties fail to identify a panel of agreed upon arbitrators, the arbitrator shall be Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 32 selected from a list of seven (7) arbitrators provided by the California State Mediation and Conciliation Service. lf the parties cannot agree on an arbitratorfrom the list of seven, the paÍies shall alternatively strike the names until a síngle arbitrator's name remains. Fresno Police Officers Association, Management Unit MOU 9i11t14-6130t17 I l ARTICLE VIII HEADINGS MOU afticle, provision, section, and paragraph headings (includes exhibits, addendums, attachments, agreements and side letters) contained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this MOU. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30t17 A. ARTICLE IX SAVING CLAUSE/FULL UNDERSTANDING SAVING CLAUSE ln the event any adicle, section or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section or portion thereof specified in the court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated adicle, section, or portion thereof. FULL UNDERSTANDING This MOU sets forth the full understanding and agreement of the parties, and any previous understanding or agreements by the parties, whether formal or informal, regarding all such matters are hereby superseded and terminated in their entirety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety. Those side letter agreements attached to this MOU shall continue in force and shall continue subject to the term(s) set forth herein, or in the absence of any specified term, the side letter agreements shallterminate upon the expiratíon of this MOU. Any new side letter agreement entered into during the term of this MOU shall continue in force and effect subject to the terms and conditions described in the side letter. ln the absence of any term in such new side letters, they, too, shall terminate upon the expiration of this MOU. This paragraph is not intended to prevent either party from relying on discussions which occurred duríng the meet and confer process for the purpose of clarifying the meaning of this MOU. B Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30117 Page 35 ARTICLE X TERMINATION The provisions in this AgreemenVMOU shall be in full force and effect extended from * * * September 11,2014to June 30, * * * 2017, upon approval bythe City, subjectto Sections (4.8. and C.), below. A. This AgreemenVMOU shall become effective only after ratification bythe mernbers of the Association followed by City approval and the expiration of the waiting period forthe Mayor's action provided in Charter Sections 605 and 609, and shall remain in full force and effect through June 30, * * * 2017. * * * The City and the Association previously agreed that the Mayor shall appoint one (1) police officer, as defined in * * * FMC Section 3-301 (p) (3) from a City management position and one (1)firefighter as defined in FMC Section 3-301 (Ð from a City management position as voting members to the Fresno Fire and Police Retirement Board under the authority as described in Section 3-305 (a) (1) of the FMC. ln the event any individual(s) so appointed fails to qualify, resigns, retires, or no longer qualifies to serve on the Board, the Mayor subject to the approval of the City Council shall appoint a replacement under the terms and provisions of this agreement within twenty (20) business days, lf a decision is approved by the Fire and Police Retirement Board to separate the commingled investments of the Fresno Fire and Police Retirement System and the Fresno Employees Retirement System, this agreement on Mayoral appointments to the Fire and Police Retirement Board shallimmediately become nulland void and the appointment provisions contained in FMC Section 3-305 shall apply. B. During the life of this Agreement/MOU should either party desire to modify its terms or to meet and confer with the other party as to matters within the scope of representation not addressed in this MOU, the party requesting any change shall request in writing to meet and conferon the item(s), which item(s)shall be specified in writing, C. During the term of this AgreemenVMOU, either pady may refuse any request bythe other to meet and confer without explanation if (1) the item is directly considered and specifically addressed herein; or (2) is directly considered and specifically addressed in any FMC section, charter section or provision, or resolution section, which section specifically establishes wages, hours, or other terms and conditions of employment; or (3)the specific item was included in an initialwritten proposalfrom the party making the request during the meet and confer process which led to this agreement. Either pafty shall also have the right to refuse a request on any matter falling within the scope of representation and which would the basis of a proper refusal under (1 ) - (3) supra, if the proposal, if accepted or implemented, would only Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6t30117 Page 36 become effective afterthe expiration of this MOU. No unilateral action on any such refused proposal may be taken by the requesting party after such a refusal by the other. It is further agreed, however, that this section shall not prohibit the City from requesting to meet and confer on changes to federal or state statutes. Fresno Police Offícers Association, Management Unit MOU 9/11t14 -6t30t17 lN WITNESS WHEREOF, the parties hereto have set their hands this - day 2014. FOR THE FRESNO POLICE FOR THE CITY OF FRESNO OFFICERS ASSOGIATK)N: ANDREW J. HALL BRUCE RUDD President, FPOA Management City Manager JACKY PARKS JEFFREYT. CARDELL President, FPOA Director of Personnel Services JERWDYER Police Lieutenant Ghief of Police NPPROVED AS TO FORilI Fresno Police OfficersAssocialir¡n, Managienrent Unit Page 38 MOU 9/11114-6130117 EXHIBIT I TABLE I Police Management- Unit 9 SALARIES EFFECTIVE JULY 1,2014 CLASS TITLE A B c D E F Police Lieutenant 7563 7942 8340 8757 91 95 9504 Police Captain 8709 9145 9603 10,084 10,589 10,944 Deputy Police Chief 4163 12,285 TABLE II Police Management - Unit 9 SALARIES EFFECTIVE JULY 1,2015 (2o/o increase for Lts and Captains and to upper end of DG range, maintaining 5% between steps and 3.35% between E and F) CLASS TITLE A B c D E F Police Lieutenant 7715 81 01 8507 8933 9380 9695 Police Captain 8884 9329 9796 10,286 10,801 11',163 Deputy Police Chief 9639 12,531 TABLE I¡I Police Management- Unit 9 SALARIES EFFECTIVE December 31, 2016 (2% increase) CLASS TITLE A B c D E F Police Lieutenant 7870 8264 8678 9112 9568 9889 Police Captain 9062 951 6 9992 10,492 1 1,018 1 1,388 Deputy Police Chief 9832 12,782 Fresno Police Officers Association, Management Unit MOU 9/1 1t14 - 6t30t17 Page 39 EXHIBIT III Agreement between City of Fresno and Employee Organizations Representing Gity of Fresno Employees This agreement was reached in an effort to lower the current cost of the monthly health contribution rates between March 1, 2009 and June 30,2010 as set by the Fresno Cíty Employees Health and Welfare Trust (Trust) thereby assisting to ameliorate fiscal developments faced by the City of Fresno (C¡ty). The agreement also provides shod term guarantees by the City for the unencumbered reserve of the Trust while setting a long term minimum of four (4) months for the Ïrust unencumbered reserve. This agreement sets forth the full and entire understanding of the City and Bargaining Units whose representatives have signed this agreement regarding these matters. This Agreement is effective March 1, 2009 and will remain in force so long as the Trust agrees to maintain a health contribution rate that is calculated to maintain a minimum of a four (4) month unencumbered reserve as calculated by the actuary selected by the Trust (actuary). 1. This agreement will be effective only if the provisions below affecting the Trust are approved by a majority of atfected represented bargaining units and the City Council and if the Trust sets a monthly health contribution rate of seven hundred twenty-nine dollars ($729) effective March 1, 2009 through June 30, 2010. 2. The parties agree that, for the period March 1, 2009 through June 30, 2010, if the Trust unencumbered reserve falls below a four (4) month unencumbered reserve as calculated by the actuary selected by the Trust for two (2) consecutive months, the City will pay to the Trust an amount sufficient to restore the level of the Trust unencumbered reserue to four (4) months. 3. The restoration to a four (4) month unencumbered reserve must occur wÍthin 30 days notice to the City by the Trust's third party administrator. This payment by the City shall not be utilized in the calculation of the amounts due by the City and employees for established Trust health contribution rates. 4. Effective June 30, 2010 if the Trust unencumbered reserve is calculated by the actuary selected by the Trust to be less than a four (4) month unencumbered reserve, the City will pay an amount to the Trust sufficient to restore the level of the unencumbered reserve to four (4) months. This payment by the City shall not be utilized in the calculation of the amounts due by the City and employees for established Trust health contribution rates. 5, The pafties agree that, for the monthly health contribution rate effective July 1, 2010 and for all subsequent monthly health contribution rates, the Trust will set a monthly health contribution rate not less than the rate calculated by the actuary Page 2 Agreement re: Health & Welfare Trust Reserve Employee Organizations representing City of Fresno Employees selected by the Trust necessary to maintain a minimum unencumbered reserve of four (4) months. 6. The parties will support amendments to the Trust necessary to implement this agreement. FOR THE FRESNO CITY EMPLOYEES ASSOCIATION : ASSOCIATION OF FIREFIGHTERS, LOCAL 753, BASIC UNIT: ,'l*n/ //, .('.,")o/ FOR THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL IOO: --- --t'y't¿ FOR THE CITY OF FRESNO MANAGEMENT EMPLOYEES ASSOCIATION: FOR THE AMALGAMATED TRANSIT UNION, LOCAL 1027 ¿.' FOR THE FRESNO POLICE OFFIGERS ASSOCIATION, BASIG UNIT: -: FOR THE FRESNO POL¡CE OFFICERS ASSOCIATION, MANAG EMENT UNIT: PROFESSIONAL ASSOCIATION: FOR THE FRESNO AIRPORT PUBLIG SAFETY SUPERVISORS: INTERNATIONAL +n)clw oF FRESNo EMPLOYEESASSOCIATION OF FIREFIGHTERS, LOCAL 753, MANAGEMENT UNIT: FOR THE CITY OF FRESNO: APPROVED AS TO FORM CITY ATTORNEY'S OFFICE FRESNO POLI CE DEPARTM ENT M mth Probatiqrary Evaluation Annual Evaluation Exit Evaluation Prçared by: Ratings: (1) Unsatisfactory, (2) Average, (3) Above Average, (4) Superior, (5) Outstanding ObÍectives: EXHIBIT IV REPORT OF PERFORMANCE FOR SI¡/ORN EMPLOYEES DATE: EVALUATION PERIODFROM TO EMPLOYEE: RANK: ASSIGNMENT: Criteria I Customer Satisfaction: Workswdl with the public; edåli$es ecti ve worki ng rd di on$i ps wi th other agenci es and orgati zdi ons Employee Satisfaction: Works wd I with sJbordi nateq peers Financial Management: Uses available resources, technology and uipment effectively. Values (ACT IT) Accountability: By this we mean that we take personal responsibility for our actions. Compassion: We care about and respect pcople. Trust: 'We mean we believe in each other- Innovation: Seek new and crcativc ways to improve our business. Teamwork: We work togcthcr to achieve our Vision. Job Knowledge, Skills & Prolìciency: Consider the employee's knowledge o I department procedures and regulations, understandirrg of the scope ofassigned duties and the ability to perform those duties as directed. Quatity and Accuracy of Work: Consider the accuracy, neatness and thoroughness ofworkproduced, and the oral and written expression ofassigned duties. Decision Making/Problem Solving: Consider the employee's ability to identify problems, develop and implement solutions to irnpact thc problems, and the achievement of desired results. Acceptance of Responsibility: Consider the employee's motivation to seek and complete assignments without undue supervision. Appearance: Consider the employee's professional appearance and image, proper grooming, and cleanliness of duty attire. Attendance: Consider the employee's attendance and punctuality. Compliance with Regulations: Consider the employee's compliance with department procedures and policies and willingness to follow instructions. FRESNO POLICE DEPARTM ENT _ M onth Probatianary Evaluation _ Annual Evaluation _ Exit Evaluatim REPORT OF PERFORMANCE FOR SI'VORN EMPLOYEES Prepared by: DATE: EVALUATION PERIODFROM TO EMPLOYEE: R^ANK: ASSIGNMENT: Performance of Duties: Accepts assignments and follows through in a timely, effective, efficient and appropriate manner to meet deadlincs with minirnum supervision. Demonstrates productive use of time, promptness in completing assignments, and daily planning to achieve results. Initiative: Consider the employee's performance in new situations, performance in emergencies, and officer safety. Supervisory Performance: Consider the supervisor's leadership skills, ability to complete assignments, assisting in employee development, maintaining proper discipline, making sound decisions, communication skills, and commitment to organizational goals. OVERALL VALUES RATING: This employee's overall (Key Objectives and Values) rating is: OVERALL REVIEW OF RECOMMENDATIONS: ATTACHMENTS: PERFORMANCE: FRESNO POLI CE DEPARTM ENT _ Month Probatimary Evaluation _ Annual Evaluatim Exit Evaluation REPORT OF PERFORMANCE FOR SI,VORN EMPLOYEES Prçared by: DATE: EVALUATION PERIOD EMPLOYEE: RANK: ASSIGNMENT:FROM TO Definitims Unsatisfactory Needs to improve perfonnance to demonstrate consistent satisfactory performance or is an unsatisfactory performer that will be given shoft notice to dramatically improve or face termination. A person with three or more "unsatisfacto4/' ratings would be in this category. The number and severity of ratings would be used in determining the level of "notice." Average Fulfills the performance requirements/expectations of the position. This person may have one or two correctable "unsatisfactory" ratings on his/her evaluation that would be reassessed after six months. Above Average Usually exceeds job standards in fulfilling performance requirements with above average performance. Superior Consistently exceeds job standards and often demonstrates excellence in fuIfi lling perf'ormance requirements. Outstanding Always exceeds job standards and consistently demonstrates excellence and outstanding ability in fulfi llin g performance requirements. FRESòIO POLI CE DEPARTM ENT M onth Probatiqrary Evaluatim Annual Evaluation Exit Evaluation REPORT OF PERFORMANCE FOR SWORN EM PLOYEES Prçared by: DATE: EVALUATION PERIODFROM TO EMPLOYEE: RANK: ASSIGNM ENT: EMPLOYEE'S COMMENT: DrÍver's License No:Expires On: Pursuant to Govemment code 3306, apublic safety officer shall have 30 calendar days within which to file a written response to any comment entered in his/her personnel file. Such written response shall be attached to, and shall accompany, this evaluation, Employee's Signature Date Supervisor's Signature Date BETWEEN AND FOR THE CITY OF FRESNO AND FRESNO POLIGE OFFICERS ASSOCIATION (Police Management-Unit 9) Fiseal Years ffnr"ffiz,*,*) September 11,2014 - June 30, 2017 È Cl -E =.T.rlP -Ð r.l rr1n O \¿,?( rnr= uz.c) \J\);co TABLE OF CONTENTS Paqe ARTTCLE r- PREAMBLE.......... ..............,..."1 A. Purpose .,.....,.........1B. Defínitions ...,..........1C. Governing Laws......... .........."..1 ARTTCLE il - EMPLOYEE RIGHTS........... ...................2 A. General- Employee Ríghts .....................2B. Employee Responsibilities......... .,............2C. Nondiscrimination ...................2 ARTICLE III . CITY RIGHTS .......3 A. General.... ..........,...3 ARTICLE tV - RECOGNTTTON ..,........,,........5 A. Recognition of Unit Description ...............sB, Association Recognition............ ..............sC. City Recognition .....................sD, Recognition of Mutual Obligation .............6E. Strikes ...................6F. UnilateralAction ...........6 ARTTCLE V - SCOPE OF REPRESENTAT|ON.............. ...............7 A. General.... ..............7B, Representation......... ..............7 ARTICLE VI - DEDUCTIONS AND ASSOCIATION BUSINESS ..........,.........8 A. Dues Checkoff/Deductions......... .............8B. Exceptions to Dues Deduction Authorization Card.... ................8C. Dues Deduction Check..........,.... .....,.......9D. Association Business .............9 ARTICLE VII - COMPENSATION AND BENEFITS......... ,...........10 A. General.... ............10 Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page i B.Salaries, , Deferred Compensation, Pension Contribution, Health Reimbursement Arrangement (HRA), Benefit Payoffs, Promotion, and P.O.S.T. Certificate Pay......,.,. ............10 1. Salaries .....,,...10 24. Deferred Compensation ,.............,...14 35. Pension Contribution.......,.., ...........15 4ê. Health Reimbursement Arrangement (HRA) ............,.......18 57. Benefit Payoffs ,......,..,...20 68. Promotion........... ...........21 79. P.O.S.T. Certificate Pay.......... ......21 Service Uniform Allowance .,...,..............21 Fresno City Employees Health and Welfare Trust ..................22 Wellness Program ............,...23 Life lnsurance and Long Term Disability Benefits ,..,.,.............24 1- Life lnsurance. .................24 2. Long Term Disability.,. .....24 Sick Leave Benefit at the Time of Election to Enter the Deferred Retirement Option Program (DROP) or at Retirement......... ..,...24 Leaves..,.. ............25 1. Sick Leave ......25 2. Vacatíon Leave.... .,....,.....26 3. Holiday Leave....... ...........26 4. Administrative Leave 28 Workers' Compensation.......,,.. .............29 Assignments, Rotation, and Work Schedules ........30 1. Assignments.......,.. ..........30 2. Rotation........,,.... .............30 3. Schedules........... ......,...,.31 4. 4110 Work Week for Field Commanders........... .................31 Deputy Police Chief Status...,.., .............33 Consolidation of Services... .,.................33 c. D. E. F. G. H, I J. K L. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page ii Grievances ..........33 Federal Drug Po1icy............... ,......,........35 General Testing Guidelines for Employees Not Covered by the Federal Omnibus Transportation Empfoyee Testin9..".......,.....................37 P. Disciplinary Procedures,......,....... ..........38 ARTICLE VIII - HEADINGS ......39 ARTICLE IX - SAVING CLAUSE AND FULL UNDERSTANDING ..............,.40 A. Saving Clause ,....40B. Full Understanding ...,.,.........40 ARTTCLEX-ïERM|NAT|ON ..,.........,.......41 EXHIBIT I Salary Tables...... ........,......44 EXHIBIT ll Side Letter on Retirement and Performance Evaluations EXHIBIT lll Agreement between City of Fresno and Employee Organizations Representing City of Fresno Employees dated February 24,2OOg EXHIBIT lV Performance Evaluation FRtrSNO POTICY ÐEPARTMENT REPORT OF PERFORMANCE 1, FY09 Cernpensatien and Benefits Re Opener w/ene yea'MOU Exte{ì€ien, r\rrangement (HRr\) Siek teave/Health lneentive; dated Nevember 6, 2008, LEGEND *** =deleted old language [$ deleted] = section/subsection deleted/moved [$$ deleted] = two or more sections/subsections d eletedimoved bold type = new language M, N. o. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page iii A ARTICLE I PREAMBLE PURPOSE This Memorandum of Understanding, hereinafter MOU, entered into between the City of Fresno, hereinafter referred to as the City, and the Fresno Police Officers Association, hereinafter referred to as the Association, has as its purpose: to establish wages, hours and otherterms and conditions of employmentfor members of this Unit. Thi+MOU is extended fer a twe year periedef timefrem June 30, ^01 3 teJune€0t20l€, Upon approval by the city, other than the modifications set forth herein, the parties agree that untilthis MOU terminates on June 30, 2045 2017, all economic benefits currently afforded to affected members shall remain intact without modification unless othenruise agreed to in writing by the parties. trffeetive July 1' 2009 threugh Jume 30' 2e1 I' the parties agree there will be ne i eeeu++nreugh-e+tritien= DEFINITIONS Unless the particular provision or the context otherwise requires, and, except to the extent that a particular word or phrase is otherwise specifically defined in this MOU, the definitions and provisions contained in Article 3 of Chapter 1 Sections 3-101, 3-201,3-301,3-301 and 3-603 of the Fresno Municipal Code, hereinafter FMC, shallgovern the construction, meaning, and application of words and phrases used herein. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase whieh is derivative frem it, or from which it is a derivative@. GOVERNING LAWS The employer-employee relationship between the City and its employees and the City and the Association is governed by Chapter 10 of Division 4 of Title lof the Government Code (Section 3500 et seq. commonly known as the Meyers-Milias-Brown Act), applicable provisions of the Public Employment Relations Board (PERB), and the Public Safety Officers Procedural Bill of Rights Act (POBOR) as may be amended from time to time, and Article 19 of Chapter 2 of the FMC. ln the event of any conflict between said laws and this MOU, or in the event of conflicts in interpretation, said laws shall govern. B. C. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 1 A. ARTICLE II EMPLOYEE RIGHTS GENERAL - EMPLOYEE RIGHTS The rights of employees are set forth in FMC Section 3-604 and said Section presently reads as follows: "Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and otherterms and conditions of employment. Employees shall have the right to refuse to join or paÍicipate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employees shall be interfered with, intimidated, restrained, coerced, ordiscriminated against by the City or by an employee or an employee organization because of his exercise of any of these rights. No management employee or confidential employee shall act as a representative of any employee organization which represents employees other than management employees or confidential employees." EMPLOYEE RESPONS IBILITI ES All employees in the Police Management Unit acknowledge that the City shall consider the positions and proposals of the Association as the meet and confer positions and proposals of all employees, individually and collectively, in said Unit. NONDISCRIMINATION The provisions of this MOU shall apply equally to and be exercised by all employees of the Unit consistent with state and federal nondiscrimination statutes. B. c. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 2 ARTICLE III CITY RIGHTS A. GENERAL L The rights of the City include those rights enumerated in FMC Section 3-605, as the same may be amended from time to time. Specifically: "(a) The exclusive rights of the City include, but are not limited to, the right to (1) determine the missions of its constituent departments, divisions, commissions, and boards; (2) set standards of service and municipal fees and charges; (3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion; (4) direct its employees; (5) take disciplinary action; (6) relieve its employees from duty because of lack of work or for other legitimate reasons; (7) maintain the efficiency of governmental operations; (8) determine the methods, means, and personnel by which government operations are to be conducted; (9) determine the content of job classifications; (10) take all necessary actions to carry out its mission in emergencies; (11) exercise complete control and discretion over its organization and the technology of performing its work." 2. The rights of the City include the determination of staffing levels, including but not limited to, staffing by shift and class, Minimum staffing levels, by shift, area, and day of the week, shall be established by appropriate departmental order. Fresno Police Officers Association, Management Unit Page 3 MOU 9/1 1114 - 6130117 (Redlined Version) 3. 4. 5. All other rights formerly or presently enjoyed by or vested in the City on the effective date of this MOU and not mentioned in Section 1. (a) are retained by and reserved to the City. Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. This MOU is not intended to restrict consultation in good faith with the Association regarding matters within the right of the City to determine. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 4 B ARTICLE IV RECOGNITION A. RECOGNITION OF UN]T DESCRIPTION The Police Management Unit consists of all employees holding a permanent positÍon, as defined in FMC Section 3-202 (pX4), in one of the following classes (hereinafter collectively referred to as employee unless otherwise specified), provided that such Unit may be modified from timetotime in the mannerdesignated in the FMC: Police Lieutenant Police Captain Deputy Police Chief ASSOCIATION RECOGNITION The City acknowledges the Assocíation as the recognized employee organization representing the Unit, and therefore, shall meet and confer in good faith promptly upon request by the Association and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1) week prior to the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. ln order that the meet and confer process includes adequate time forthe resolution of any impasse, the City shall accept meet and confer process proposals from the Association as early as February 1,2017, and will be prepared to commence the actual meet and confer process no later than March 1 , æ+2 2017. CITY RECOGNITION The Association recognizes the City Manager of the City, or such other person as may be designated in writing, as the designated representative of the City, pursuant to FMC Section 3-615, and shall meet and confer in good faith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU at least one (1)week priorto the last regular City Council meeting at which the City budget must be adopted for the ensuing fiscal year in order to meet the June 30 deadline specified in the City Charter. C. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 5 D, RECOGNIT]ON OF MUTUAL OBLIGATION The Association and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in this MOU. E. STRIKES No unlawful strikes of any kind shall be caused or sanctioned by the Association during the term of this MOU. F. UNILATERAL ACTION ln the event the meet and confer process for a successor MOU results in an impasse, as defined in the FMC, the City shall not take unilateral action regarding wages, hours, and other terms and conditions of employment prior to completion of the impasse procedures outlined in the FMC. Fresno Police Officers Association, Management Unit Page 6 MOU 9/1 1114 - 6130117 (Redlined Version) A. ARTICLE V SCOPE OF REPRESENTATION GENERAL "Scope of representation" shall be as defined in FMC Section 3-603(w), as the same may be amended from time to time. Said Section presently reads as follows: "Scope of representation" means all matters relating to employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. Employee rights, as set forth in Section 3-604, and City rights as set forth in Section 3-605(a), are excluded from the scope of representation. REPRESENTATION 1. The City will not interfere with, or discriminate in any way against, any employee by reason of his or her membership in the Association. 2. The Association agrees to represent Unit employees in a manner consistent with the requirements of the Meyers-Milias-Brown Act, POBOR, and applicable state and federal regulations. B Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 7 A. ARTICLE VI DEDUCTIONS AND ASSOCIATION BUSINESS DUES CHECKOFF/DEDUCTIONS Rules governing dues check-off are set forth in FMC Section 3-620, as the same may be amended from time to time, The procedures governing dues deductions, agency shop, hold harmless obligations, religious and conscientious objections, and financial reporting requirements, shall be as provided in Government Code Section 3502.5. 1. The City shall deduct the dues or benefit premiums, or both, upon proper authorization by Association members in the Unit. 2. lf a member in the Unit desires the City to deduct dues or benefit premiums from the member's paycheck, a deduction authorization shall be made upon a Dues Deduction Authorization eard in the form specified in FMC Section 3-620, as the same may be amended from time to time. 3. A Dues Deduction Authorization ee+d may be revoked by a member in the Unit, and the dues or benefit deduction canceled, only during the months of November and December of any year. 4. lf a member in the Unit desires to revoke prior Dues Deduction Authorization €erd, a Dues Deduction Revocation shall be @iec Reveeatien eard in the form specified in FMC Section 3-620, as the same may be amended from time to time. 5. Upon written authorization by a retired member of the Association, the City shall deduct credit union payments and Association dues monthly from the retirement check of such retired member and fonruard same to the credit union or Association as designated in such authorization. 6. Dues Deduction Authorization and Revocation eerds forms are available at the Finance Department, PayrollSection, and Human Resources Division of the Personnel Services Department. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD The earnings of employees who opt to join the Association must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When an employee is in a non-pay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay B. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page I C. period, nor will the employee be allowed to deposit with the City Controller the amount which would have been deducted if the member had been in a pay status during the pay period- Whenever the member's salary is not sufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. DUES DEDUCTION CHECK 1. The dues deduction check covering all such deductions shall be transmitted to the Fresno Police Officers Association. 2. The dues deduction check shall be made in favor of the Fresno Police Ofl'icers Association. 3. A dues deduction check will be transrnitted at least monthly. ASSOCIATION BUSINESS Employees occupying classes represented by the Association shall have their monthly vacation leave accrual levels (denoted in MOU Article Vll, Section H. 2., vacation leave), reduced by .583333 hours per month, which shall be placed in a time bank and administered by the department for Association business use. Officers designated by the Association may, with the approvalof the department, attend Association business, including such activities as attendance at Association membership and Board meetings, PORAC and other similar conferences, and direct involvement in charitable Association activities. Time banked under this provision may also be designated bythe Association to cover members whoAbsentwith Substitute (AWS) for designated Association members who are attending to Association business. The department is not required to grant time off for Association business if it will require filling the position on an overtime basis. The Association Chairman may use the time banked underthis provision for Association business in eight (8) hour increments to a maximum of 24 hours per week. Any time spent by the Association Chairman, and by members designated by the Association to be on such business, shall be deducted from the Association's time banked balance. lt ís further agreed by the parties that once accrued vacation leave is donated to the Association, the City no longer has any obligation to compensate, either in cash or in equivalent time off, such members. D. 1. 2 3. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 9 A. ARTICLE VII COMPENSATION AND BENEFITS GENERAL All economic benefits, provided by Council ordinance or formal Council resolution and not othen¡rise clearly and explicitly modified or restricted in this MOU, shall be continued without alteration during the term of this MOU. SALARIES, BOÞIUS--PAJÉ, DEFERRED COMPENSATION, PENSION CONTRIBUTION, HEALTH REIMBURSEMENT ARRANGEMENT (HRA), BENEFIT PAYOFFS, AÞ{Ð PROMOTION, AND P.O.S.T. CERTIFICATE PAY 1. Salaries a. Police Lieutenants and Police Captains@iee salary inerease seheduled te þereeeived January 1, 201tia twe @ i. Effective July 1, 2014, salaries shall be as reflected on Exhibit I, Table l. ii. Effective July 1 , 2814 2015, a two percent (2%) salary increase, as reflected on Exhibit l, Table V ll; and, lll. Effective ¡anuary¡-,+g¡S December 31,2016, a two percent (2%) salary increase, as reflected on Exhibit l, Table V lll. b. Deputv Police Chiefs Ðeputy Peliee ehiefaagreetedefuraene Bercenl(1%) salary inerease seheduled te be reeeived Jenuary 1, i. Effective July 1,2014, salaries shall be as reflected on Exhibit I, Table l. ¡i. Effective July 1 ,28142015, the upBerenC-ef{he salary range for Deputy Police Chiefs shall be modified to include an B. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 10 increase of inereased by two percent (2o/o), as reflected on Exhibit l, Table V ll, Deputy Police Ghief salaries will be increased by two percent (2o/o) on the effective date. iii. Effective JulyÆI{ December 31,2016, sala+iesthe salary range for Deputy Police Chiefs shall be modified to include a n i n c re ase of +nereasedåy two percen t (2o/o). De puty Pol i ce Chief salaries will be increased by two percent (2%) on the effective date. i, Effective Jenuery ii-----Effeetive-Jen efs pereent (1%) salary-¡nerease shall be ineluded in an., retirement iene ¡ve ¡anuary t , ae1 2, t pereent{4 }-salary inerease shall be ineluded ir¡any retirementffiiensfursuant te the applieable FMG seetiens fer prembers whe separate frem e ity serviee by serviee retirement er enter DROP and reeeive the January 1, 2011, July 1, 2011 and enefit er DROP ealeulatien shall net be entitled te alse add the July 1, 101 t and Jaruary 1; 201* salary inereases te their retirement benefit er ÐROP ealeulatien, irees Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 11 il It is the intent of this Section 8.1.c. to hold members harmless from any negative impact from the following deferred salary increases. The deferred salary increases listed below shall be included, if appropriate, in any retirement benefit or DROP calculations pursuant to the applicable FMC sections for members who separate from Gity service by service retirement or by disability retirement, or enter DROP. Effective January 1,2011, One percent (1%) Effective July 1, 2011, Two percent (2%l Effective January 1,2012, One percent (l%) With respect to Sections 8.1. c, members who retire or enter DROP and are credited with the January 1,2011, July 1, 2011, and January 1, 2012, deferred salary increases in their retirement benefit or DROP calculation shall not be entitled to also include the July 1,2014 and July 1 , 2015, salary increases set forth in Section 8.1.a. and 8.1.b. to their retirement benefit or DROP calculation. DROP Participants and Retirees (Tier l) - Adjustments effective January 1,2011, July 1,2011, and January 1,2012 to the monthly amount deposited for DROP participants and monthly retirement benefit allowances for retirees shall include all deferred salary increases from Section 8.1.c.i. and be calculated pursuant to FMC Sections 3-301 and 3-302. DROP Participants and Retirees (Tier l) who are credited with the January 1,2011, July 1,2011, and January 1,2012 deferred salary increases as adjustments to their monthly deposited allowances for DROP and monthly retirement ilt iv. Fresno Police Officers Association, Management Unit MOU 9/1 '1114 - 6130117 (Redlined Version) Page 12 allowance shall not be entitled to also add the July 1 ,2014 and July 1, 2015, salary increases set forth in Section 8.1.a. and 8.1.b. as adjustments to their monthly DROP and reti rement allowances. v. DROP Participants and Retirees (Tier 2l - ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recentfull calendar year decrease below the GPI percentage for the full calendar year immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decrease in excess of the members'/retirees' cost of living bank shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years DROP Participants and Retirees (Tier 2) - ln accordance with FMC Sections 3-411 and 3-424, should the CPI percentage for the more recent full calendar year decrease below the CPI percentage for the full calendar year immediately prior, that percentage decrease shall not be used to reduce retirement allowances or deposits to the members' DROP account. lt shall instead be used to reduce any previously banked cost of living increases. Any decrease in excess of the members'/retirees'cost of living bank shall be accumulated in the bank and offset by future cost of living increases as occurring in succeeding years. ffier l) - An actuarial study will be conducted on amending FMC Sections 3-302 (g) and 3-301 (a) (9) for Tier I members. Upon completion of the actuarial study, there will be a limited reopener of the MOU to negotiate solely on amending these provisions with respect to retirement calculations. The cost of the actuarial study will be shared equally by the City and the Association. a, Effeetive January 1d eleaeh year during the term ef this MOU, salary iens usi d. e Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 13 @ lmBrevement Ave{€ge n¡eve+verage Supe¡ier Ou+standing W during the term ef this MOU, An "eutstanding" rating must inelude iustit¡eat¡en te t i @ @ Enrple/ees in this Unifeeeupying the elaes ef Ðeputy Peliee e hief are alse same eriteri+erìd awarded in the same manner as Ðepartment and Deputy Pay Plan. Hewever' Þeputy Peliee Chiefs shall nefbe subjeet te any fern+ef fine er eharge if arernBleyee's perf,armanee dees net-meet the Chief's expeetatiens, lnstead, Deputy Peliee Chiefs will þe subjeette the previsiens ien+es @ 42. DeferredCompensation The City will contribute to the City's Deferred Compensation Plan fifty-five dollars and thirty-nine cents ($SS.SS¡ per employee per pay period to the City's Deferred Compensation Plan. ln order for employees to receive this benefit, the employees must personally enroll in the Deferred Compensation Plan by contacting the deferred compensation administrator(Fidelity) and the Police Department's payroll clerk and authorize a contribution of at leastfìfty- Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 14 five dollars and thirty-nine cents ($55.39) per pay period. This contribution by the City shall not be pensionable compensation; shall not be included in the calculation of retirement benefits; and payment will be prospective from the point of enrollment, +3. PensionContribution: The followíng applies to an employee's pension contribution: a. Effective September 22,2014,the two percent (2Vol contribution paid by the City of the employee's required retirement contribution shall be discontinued. On the same date, the existing two percent(2o/ol supplemental payment for an employee in DROP will be discontinued. b. Employees in Tier 2 hired on or after September 11,2014, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by a corresponding amount. ln accordance with lnternal Revenue Code Section 414(h'X2l and related guidance, the City shall pick- up and pay the contribution by salary reduction in accordance with this provision to the Gity of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee's accumulated contribution account nor will it be deposited into a member's Deferred Retirement Option Program ("DROP") account. This provision will terminate on implementation of Article Vll, Section 8.3.d. below. c. Effective September 22, 2014, employees in Tier 2 who were hired before September 11,2014, including those in DROP, who promote from the Basic Unit (Unit 4) into the Management Unit (Unit 9) will pay nine percent (9%) into the pension system. Those employees in Tier 1, including those in DROP, who promote from the Basic Unit (Unit 4) in the Management Unit (Unit 9) will not be required to pay any additional amount, reducing the City's contribution into the pension system. These provisions in Article Vll, Section 8.3.c. will terminate on implementation of Article Vll, Section 8.3.d. below. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 15 d.With the support of the Association, the City will make efforts to amend the Municipal Code to allow the additional contribution amounts above in in Article Vll, Section 8.3.b. to become part of the Member Normal Contribution Rate. When the Municipal Code is so amended, the City and the Association agree that, on the first pay period following the date the new FMC provision goes into effect, all of the following will apply: i. The Member Normal Contribution Rate for members of Tier 2 in the Fire and Police Retirement System hired on or after September 11,2014, shall be twelve percent (12o/ol. ¡i. Active members in Tier 2 who were hired before September 11,2014 including those who promoted from Unit 4 to Unit 9 shall have a Normal Contribution Rate of ten percent (10%). The City will pay one percent (1%) of the employee's Normal Gontribution Rate. ¡¡¡. Members of Tier 1 in the Fire and Police Retirement System shall have their Member NormalContribution Rate increased by an additional one percent (1%)which will be added to their existing Entry Age Normal Gontribution Rate effective with the change in the FMC in accordance with this Section. The City will pay this additional one percent (1%) on behalf of the employee. iv. Members in the DROP program who entered DROP priorto March 7, 2011, are not required to make Member Normal Contributions in accordance with the Fresno Municipal Code. v. Members who entered DROP on or after March7,2011, are required to continue Member Normal Contributions and their Member NormalGontributions shall be deposited into the member's DROP account. Employees who separate City employment regardless of reason and withdraw their employee contributions from the Fire and Police Retirement System between September 22,2014 and the effective date of a Fresno Municipal Code amendment pursuant to the provisions in in Article Vll, Section 8.3.d. will have an amount refunded by the Gity equal to the additional amount contributed in accordance with Article Vll, Section 8.3.b. above. e. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 16 f. Tier I DROP participants and Tier 1 retirees were previously granted a total of four percent (4o/ol in cost of living increases based on the salary deferral language in the previous MOU only; deferrals included a one percent deferred pay increase in January 1, 2011 , a two percent in July 1, 2011 and a one percent in January 1,2012. On July 1,2014, active employees received a two percent (2%) salary increase which offset two percent(2%l of the four percent (4%) deferred salary increases that were credited previously as cost of living increases. The remaining two percent (2%) deferred cost of living increase for Tier 1 DROP participants and retirees will be offset by the July I , 2015 salary increase in Section in Article Vll, Section 8.1.a. of this MOU. The cost of living calculation for FY 2017 for Tier 1 DROP participants and Tier I retirees will include the December 31, 2016 salary increase in in Article Vll, Section 8.1.a. in accordance with the of cost of living calculation provisions in the Fresno Municipal Code. (4%) teward the empleyee's share ef hisllrer pensien eentributien, + @ (19d fer a tetal ef twe eereent (2%) teward the empleyee's share ef ies in 5-a, abeve will eentinue te be pa¡d by th+ Cit.' as salary te ien ealeulated by multiBlying¡ the apprepriate pereentage times the Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 17 the empleyee's þase pa", The empleyee's ÐROP ameunt will net be menth-ly-retirement allewanees fer retirees shall be ealeulated Bursuant te fUg See (1 %) êitrpensien eentributien as eempensatien, eentribute an additienal ene pereept (1oá) fer a tetal ef twe pereent ir€€--€+ ef pensien eeleulatiens' but shall net be used te ealeulate benefit paye+f+ f: ^hñr¡^^hiri+r' r^ no^p r,r^mhô,o Effgetive June 30. ^012. ¡n lieu_ef pereent{29o) times the empleyee's base rate ef pay as refleeted in in the empleyee's biweekly Bayeheek, The supplementalpa"ment shall DROP ameunt will net be affeeted by these supplemental salary payments- C' \ppli€abil¡tv t ien ien= @ æ. Health ReimbursementArranoement(HRA) At separation from permanent employment with the City of Fresno by service retirement or at disability retirement if the employee is otheruise eligible for service retirement, the value of the employee's accumulated sick leave and cashable vacation leave shall be credited to an account for the employee under the Health Reimbursement Arrangement (HRA) as follows: Fresno Police Officers Association, Management Unit Page 18 MOU 9/11114 - 6130117 (Redlined Version) in_exeess ef 12O heurs at the time ef retirement multrplied þy 50% ef the ¡ Nevernber 3¡ 2008; the number ef aeeumulatedsiek leave heurs at the time ef retirement in exeess ef 120 heurs multiBlied by 5eo/o ef the emBleyee's then eurrent heurly base rate ef pay, exeept that an empleyee whe retire+within sirty (60) ealendar days ef reeeipt by the o July-f400ÇForemployees hired before September11,2O14,and any employees who do not enter DROP, all accumulated sick leave hours multiplied by 50% of the employee's then current hourly base rate of pay at the time of retirement, except that an employee who retires within sixty (60) calendar days of receipt by the City of Fresno Fire & Police Retirement System of an application for disability retirement, if otherwise eligible for a service retirementapplieatien by, or on behalf of the employee, or an application for service retirement (not having submitted an application for disability retirement) shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay. ¡ For employees in DROP hired on or after September 11,2014, accumulated sick leave hours multiplied by 50Yo of the employee's then current hourly base rate of pay at the time of retirement, except that the accumulated sick leave hours shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. . Employees in DROP hired on or after September 11,2014,who retire within sixty (60) calendar days of receipt by the City of Fresno Fire & Police Retirement System of an application for disability retirement if otherwise eligible for a service retirement by, or on behalf of the employee, or an application for seryice retirement (not having submitted an application for disability retirement), shall have all accumulated sick leave hours upon retirement multiplied by eighty (80%) of the employee's then hourly rate of pay, except that the accumulated sick leave hours Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page I 9 75. shall not exceed the number of sick leave hours which the employee had at the time of entry into DROP. All payments noted above are dependent upon the employee's eligibility requirement as set forth in the RetiremenUAttendance Health lncentive provision in Section H.1, paragraph2l-a, below, and . The nurnber ef aeeumulated easFrable vaeatien leave heurs at the s then eurrent heurly ¡ase-ra+e-e+pa:¡, o The total number of all accumulated holiday leave hours at the time of separation for retirement purposes paid at the member's then current hourly base rate of pay. o The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in Exhibit l, multiplied by twelve (12) months then divided by 2,080 hours. ïhe At the City's option, HRA accounts shall may be book accounts only- no actual trust account shall be established for any employee. A book account means that no actual trust account shall be established for any member. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's lnvestment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. lf the participant, the participant's spouse, and the par.ticipant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. iqc Benefit Pavoffs Benefit payoffs (e.9. holiday, administrative leave) shall be at the employee's applicable base rate of pay, as reflected in Exhibit l, Tables l, ll, and lllr+¡4 and-V at the time of payment. However, employees shall not be allowed to Fresno Police Officers Association, Management Unit MOU 9/1 1 11 4 - 613011 7 (Redlined Version) Page 20 C. cash out any accumulated hours of sick and/or vacation leave pursuant to the HRA set forth in Section 8., paragraph 46., above. 86. Promotion a. For classes which have step increases (Police Lieutenant and Police Captain), movement to the next higher step will be at the discretion of the Chief of Police, based on the employee's last Annual Perforrnance Evaluation which demonstrates that the individual meets the job standards for that class. Lieutenants and€apteins who are promoted a+e+¡uty-+;+99ï will be placed at Step D of the class promoted to if the higher level class contains steps. b. Employees who are promoted from the Basic Unit (Unit 4) to the Management Unit (Unit 9)will be promoted to a step which is not less than three and one half percent (3.5%) above compensation at the lower classification to include all premium pays actually received at the time of promotion, but excluding any overtime payments; or, fifteen percent (15%l above top step Sergeant, whichever is greater. b c. The value of education incident plan (ElP) premium pay held in the FPOA Unit 4 class at the time of promotion to a FPOA Unit 9 class shall be considered in the calculations fordetermining step placement shall not be less than the "C" step level. This value consideration calculation is applicable solely to the promotional step placement determination described in this Subsection. 97. Pest P,o.s.T.certificate Pav - All compensation earned by a member pursuant to this sub-section shall be in addition to any other incentive and/or premium pays received and shafl be compensable for retirement purposes. a. Members who have satisfactorily attained the Supervisory P,O.S.T. Certificate shall be compensated at a rate of four percent (4%) above the member's base rate of pay. b. Effective July 1, 2009, members who have satisfactorily attained the \Ma nagem e nt P. O. S. T. Certificate sha I I be com pen sated ansCditienal nine percent (9%)above the membeis base rate of pay. SERVICE UNIFORM ALLOWANCE r0,00 fer Employees shall receive a total of $1,200 as a service uniform purchase and maintenance Fresno Police Officers Association, Management Unit MOU 9/11114 - 6130117 (Redlined Version) Page 21 D. allowance, prorated and to be paid in a separate check on a pay period-by-pay period basis. The service uniform allowance provided pursuant to this section shall be considered as compensation for purposes of calculating pension benefits for amember. enefits ive sp their servi€e uniferm allewanee during fieeal year 2011- Hewever when an empleyee enters ÐReP er separates frem Citi¡serviee at retirernent age the uniferm irement Bayrrenfef uniferm allewanee will resume as se+ ferth abeve. ieipants harmless en the relinquished FY11 serviee uniferm allewanee,) FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST The City and the Association agree that the Fresno City Employees Health and Welfare Trust has the sole authority to determine the benefits that will be provided during the term of this MOU. The sole responsibility of the City under this clause ís to provide a set dollar amount to be contributed to the Trust on behalf of the members represented by the Association. The eity's eentributien will be eighty ees Health and Welfare Trust bear* Effective October 1,2014, the Gity's contribution will be seventy-five percent (75v.1of the employee's health and welfare premium. Subsequently, the cost of any increase in the health and welfare premium will be shared equally between the City and the employee, with fifty percent (50%) to be paid by the City and fifty percent (50%) to be paid by the employee, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health & Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the Gity shall pay seventy percent (70o/ol. Members may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The parties also agree to work collectively in conjunction with their Board representatives to research and recommend potential cost-saving measures for the Health & Welfare Trust, which may include a choice of health program options based on individual need or preference, including a reduced option equivalentto the City's premium contribution, a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employees who require prescription drug therapy for any period of 90 days or more; or other rneasures that may be identified as this work progresses. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 22 The FPOAandthe City ef Fresne agree te a limited MOU reepenerregarding health eare Bremisms if all City bargaining units ethepthan the FPOA are subjeet+e a E. WELLNESS PROGRAM 1. Wellness Proqram Development Committee Effective October 1,2014, the Wellness Program will be discontinued; however, members that earned a wellness incentive during FY 14 will receive the incentive in FY 15. Threugh the Peliee Basie (Unit lfMOU, a WellnessPregram Develepment ing__¿ ing The WPÐ9is eempesed ef partieipants seleeted by the Chief ef Peliee er sereeni eentraeted WP serviee rrevider fer the maintenane+ and menitering ef eenfidentiality ef partieipant health, medieal, and fitness infermatien/reeerds infermatienwith theGity, en the part ef any eentraeted WP serviee previder, te faeilitate administratien and disbursement ef WP ineentives, The WP is eutlined ín a departmental Standing Order, and irnplementatien ef ary WP peliey medifieatiens shall be at the dis'cretien ef the WPDC, This Cemmittee will else serve members er the Peliee Management, Unit 9, Members ef this Unit; and the Chief ef Peliee, shall be eligible te veluntarily e i ive a tetal ef $10,000, The City shall-net be ebligated te pay in exeess ef te eligible members exeeed the fisea.lyear's alletted sum, paymentte erigible Fresno Police Officers Association, Management Unit Page 23 MOU 9/1 1114 - 6130117 (Redlined Version) F. 000 heurs, Ð¡vided $3 l5;000 by ^0,00È- $17,25 an heur, Multiply $17,25 x 56 a partieular fiseal year remains und istributedlunspent; the WPDC shal I eneumber the undistributediunspent @ Effective July 1 ,2009, the benefits provided pursuantto this section shallbe considered as compensation for purposes of calculating pension benefits for a member. LIFE INSURANCE AND LONG TERM DISABILITY BENEFITS 1. Life lnsurance: The Life lnsurance benefit up to the active employee's 70th birthday is 100% of annual earnings, rounding up to the next $1,000, with a maximum of $150,000. ln addition, employees asslgned to the bomb squad shall have accidental death, dismemberment and paralysis insurance coverage in the amount of $250,000. 2. Lonq Term Disabilitv: An employee is eligible for long term disability insurance after 30 days from the date of the disability or after all sick leave is exhausted, whichever is greater. The benefit amount is 66 2l3o/o of salary up to age 65. The maximum benefit period differs after age 61 . For more specific information, referto the insurance certificate. SICK LEAVE BENEFIT AT THE TIME OF ELECTION TO ENTER THE DEFERRED RETTREMENT OPTTON PROGRAM (DROP) OR AT RETTREMENT. An employee who meets the criteria as outlined below, will receive only one of the following benefits based on whether or not the employee enters the DROP program before retiring from City employment. 1 . For an employee who has reached the minimum retirement age and who has elected to enter the DROP Program, the calculation of the employee's monthly DROP amount shall include an amount equalto fifty percent (50%) of the employee's unused sick leave balance as of the DROP entry date, with the sum calculated by multiplying fifty percent (50%) of the hours of unused sick leave by the hourly base rate of pay for the employee in effect as of the DROP entry date. The employee's pension contribution on this amount will be calculated as of the date of DROP entry by multíplying the G. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page24 H lump sum described above in this subparagraphl. by the employee's pension contribution rate and that amount will be deducted from the employee's DROP account. The City will also be required to make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Sick Leave Benefit. 2. For the employee who has reached the minimum retirement age and retires from the City without entering DROP, an amount equal to fifty percent (50%) of the employee's unused sick leave balance shall be included in the computation of the employee's retirement allowance as if it were a one-time payment at the hourly base rate of pay for the employee in effect at the date of retirement. The employee and the City will make a corresponding pension contribution to the retirement system based on the additional pensionable compensation created by the Sick Leave Benefit. The employee's retirement contribution will be calculated as of the date of retirement by multiplying the lump sum described above in this subparagrapn 2.by the employee's pension contribution rate and the employee agrees to have this amount withheld from the employee's first retirement benefit payment from the Retirement System as the employee's retirement contribution for this additional amount of pensionable compensation. This provision shall not apply to employees who retire prior to age 50 due to a disability or to former employees that have separated from City seruice prior to reaching the minimum retirement age and have elected a Deferred Vested status in the City of Fresno Fire & Police Retirement System. 3, Hourly base rate shall be the equivalent of the monthly salary for an employee provided in Exhibit I multiplied by twelve (12) months then divided by 2,080 hours. LEAVES 1. Sick Leave: Cmpøyees Effective October 1,2014, employees shall accrue sick leave at the rate of eigh+{8) seven and one half (7.5) hours for each completed calendar month of employment, with unlimited accumulation. The FMC, City administrative orders, departmental policies, procedures, rules and regulations concerning sick leave usage and administration will continue to apply. Administrative Order 2-19.1, Attendance Policy, shall no longer apply to members of this Unit. The attendance/health incentive component detailed below will also continue to apply. Retirement Attendance/Health lncentive - At service retirement or at a disability retirement if the employee is othenruise eligible for service retirement, the employee will be credited for all unused sick leave pursuant Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 25 2. to the City's Health Reimbursement Arrangement as set forth in Section 8., paragraph 46., above i @ to be used solely to pay premiums for medical insurance (including COBRA premiums Reimbursement Ârrangernent as set ferthin Seetien 8,, Baragraph 6,, abeve. Vacation Leave: a. CmBteyees Effective October 1, 2014, employees shall accrue 16,667 vaeatien leave heurs fer eaeh eempleted ealendar menth ef 17.167 hours, and effeetive Jul.' 1, 2011; the rate shall inerease te 17,677 (Pursuant to MOU Article Vl, Section D., Subsection 1, each employee's applicable accrual rate will be reduced monthly by .583333 hours for Association time bank purposes.) Employees are allowed to accrue 500 hours of vacation leave. Upon separation from the City, the balance of accrued vacation leave shall be: (1) Credited to the City's Health Reimbursement Arrangement (HRA) as set forth in Section 8., paragraph 46, above, or; (2) lf not eligible for participation in the HRA, the balance of accrued vacation leave shall be cashed out. b. No employee's vacation accumulation shall cease due to refusal by the City to grant vacation leave prior to the employee's reaching the vacation accumulation limit applicable to the employee's position and length of service. ln the event an employee requests in writing vacation leave one month prior to the month in which the limit would be reached, and such request is refused, the Chief of Police or designee shall extend the employee's accumulation limit for ninety (90) days, during which time the employee shall be scheduled for vacation leave sufficient to reduce the employee's balance below the accumulation limit. Holidav Leave: a. Employees shall accumulate eight and two{hirds (8 2/3) hours of holiday leave for each completed calendar month of employment. i te the 188 hesr eap witheut theeensent ef the empleyee, The eap fer 3. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 26 aeeumulated menthly heliday leave shall remair at 488 heurs threugh Jufi€€O,20f-f- b. @ The cap for accumulated monthly holiday leave shall be Fe've++o 96 hours. plaeedin-a-rSpeeiel Helide,, teave Bank" as set fertþ in paragraph(f) belew' dc, Onee regular heliday leave banks are-redueed te the g6 heur eaÈ emBleyees Employees who are at the gO hour cap will receive an automatic pay down of any hours exceeding the cap e*ee+¡ve+uly+ M+. e, Effeetive upen aBBreval ef this agreement bythe City, all members agree-te eentinue-an extensien te freeze rcluntary Heliday time pay d. ive On July l, 2011, all holiday leave balances in excess of 96 hours sh€l+åe were placed as a one-time deposit in a "special Holiday Leave Bank", which hours may be used as follows: Special Holidav Leave Bank i. Approved leave; ii. Absent With Substitute (AWS) agreements transferred only to the substituting employee's regular holiday bank; i. Voluntary cash-out of forty{hree (43) hours each FY beginning in FY14 threugh FY18; and, ii. Voluntary cash-out of one-hundred (100) hours immediately prior to separation or prior to the employee filing retirement paperuork. Employees may not place any additional hours in the Special Holiday Leave Bank. At separation from City service, all remaining hours in the Special Holiday Leave Bank shall be credited to an HRA account for the employee if eligible for service retirement as set forth in Article Vll, Section B. 46, or cashed out at separation if not eligible to participate in the HRA. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 27 4. d, The ene time; nen pensienabl+payment ef $650'00 agreed te in the ge. Effective July 1, 2012 through June 30, 2015, members may voluntarily request the department to pay down the membeds Holiday Time up to a maximum of ninety-six (96) hours p¡ fiscal vear. hf. Effective July 1, 2015, members may voluntarily request the department to pay down the member's Holiday Time up to a maximum of ninety-six (96) hours pe¡ month. ig. At separation, for retirement purposes, the employees' accumulated regular holiday leave hours shall be paid at the member's then current hourly base rate of pay in accordance with Article Vll, Section B. 46, or cashed at separation if not eligible for the HRA. ih. A Tier 2 member who has reached the minimum retirement age and elects to enter DROP or retire (not having entered DROP), shall have amounts equal to the member's unused holiday leave balance and Special Holiday Leave balance (at the DROP effective date or retirement date, not having entered DROP) multiplied by the member's current hourly base rate of pay included in the computation of the mernber's final average salary as if it were a one{ime payment. Based on the additional pensionable compensation, the memberand the City will make corresponding pension contributions to the retirement system. The employee agrees to have this pension contribution amount withheld from the employee's DROP account, if entering DROP, or from the employee's final paycheck (not having entered DROP). Administrative Leave: Employees shall receive sixty (60) hours of administrative leave each fiscal year. The Police Chief or designee may grant up to an additional thirty-two (32)hours administrative leave each fiscalyearto employees. This additional administrative leave will be based on above average or higher job performance and merit as determined bythe Chief ordesignee. The decision by the Police Chief or designee to grant such additional leave shall be made during June and is effective July 1't of the fiscal year in which it may be Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 28 taken. Any such additional admlnistrative leave cannot be cashed in by employees. Employees may receive payment for up to sixty (60) hours of Administrative leave not taken during the fiscal year. Any Administrative leave not taken or compensated for shall not be added to the leave credited in the next fiscal year. a. Effeetíve Jut', 1,2010 and July 1,2011, the sixty (60) heurs ef administrative leave reeeived by ernpleyees fer eaeh ef these fiseal year+shall be au+ematieally meved inte theempleyee's Heliday time ebevei+'hallepp+É WORKERS' COMPENSATION 1 . Netwithstanding the Brevisiens ef FMC Seetien 3 118, an ernpleyee in this Unit whe s,uffers an injury er illness in the eeurse and seepe ef City empleyment shall reeeiveeighty five (85) pereent ef full wages er salary fresr th+Cr+y+ Notwithstanding the provisions of FMC Section 3-118, an employee who suffers an injury or illness in the course and scope of City employment on or after Janua ry 1, 2010 shall become entitled, regardless of his or her period of seruice with the City, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments as provided by California Labor Code Section 4850. The remaining provisions of FMC Section 3-1 18 shall apply. Employees on "light duty" as a result of an injury or illness suffered in the course and scope of employment shall receive their regular salary during the period of light duty. begin fellewing the first three (3}da"s after the emple)¿ee leaves werk as a +n@ ÉZ¿)neu+s',eç e, the empleyee is plaeed enlighlduty at any time during thefirst three (Sld€y€- Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 29 three (3\ day exelusien perie4 hewever, this timeshall be reeerded as werk previded-dsring the first three (3\ days ef absene+due te the werk rela+ed iniuryeeillness, 4, lf the empleyee epts te use siek leave' vaeatiener heliday fer the first three under paragraph 1 , r\beve, beginning en the first day ef a werk related injury is afprepriate; the-leave time shall be restered te the empleyee and the empleyee's pay er leave balenee will be adjusted aeeedingly, lf the empleyee has been e+leave witheuLpay fer the firsfthree (3)days and if¡s tater Aeterm¡ @ 52. lf the employee is placed on sick leave, vacation or holiday pending determination as to whetherthe injury or illness is industrial, and the injury is determined to be industrial, sick leave, vacation or holiday shall be restored within thirty (30) calendar days of such determination, and the employee placed on work related injury/illness leave as provided herein. 4 3. Retirement benefits shall not be reduced as a result of a member receiving Workers' Compensation benefits. 5 4. Taxes shall not be withheld on compensation due to injury in the line of duty, J. ASSIGNMENTS, ROTATION AND WORK SCHEDULES 1. Assiqnments: Assignments are determined by the Police Chief or designee based on the needs of the Police Department. 2. Rotation: It is the prerogative of the Police Chief or designee to rotate Police Management personnel as necessary for the good of the service. Fresno Police Officers Association, Management Unit Page 30 MOU 9/1 1114 - 6130117 (Redlined Version) 3. 4. Schedules: It is the prerogative of the Políce Chief or designee to assign employees to a 5/8, 9/80 or 4110 schedule as necessary for the good of the service, Work Week for Field Commanders a. Newly promoted Police Lieutenants will be assigned to the patrol division for a minimum of six (6) months before they are eligible for non-patrol assig nments. Chief's Exemption: The Police Chief may select up to two (2) newly promoted Police Lieutenants to serue in non-patrol assignments without time limitations. The department and the association will maintain a copy of the acknowfedgment. Once the selected Police Lieutenant leaves this non-patrol assignment, the Police Lieutenant must be assigned to the patrol division for a minimum of six (6) months before they are eligible for any non-patrol assignment. b. Police Lieutenants designated as Field Commanders of a Patrol Bureau in the Field Operations Division are assigned to a 4110 work schedule. lt is the prerogative of the Police Chief or designee to reassign employees to another schedule other than a 4/10 as necessary for the good of the service. c. A 4110 work schedule consists of four (4) ten (10) hour work days. The work week begins 0011 hours on Monday and ends on 2400 hours the following Sunday. Each 4110 schedule within the work week consists of a total of forty (40) scheduled hours of actual work time. d, Police Lieutenants designated as Field Commanders of a Patrol Bureau in the Field Operations Division may be scheduled to work a modified "3112" schedule as agreed upon by the Department and FPOA. e. An employee assigned to a 4l1O or 3/12 schedule who is off on a holiday which is a regular work day shall utilize leave balances accrued in the holiday work bank, administrative leave bank, or vacation bank. f. Each 9/80 work schedule will consist of eight g-hour shifts, one 8-hour shift and one day off in addition to regular days off, per 14-day period broken down into two 4O-hour per week Fair Labor Standards Act (FLSA) work weeks. All employees working a 9/80 work schedule Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 31 g. h. shall have an FLSA work week which begins four (4) hours after the start time of the day of the week which constitutes the ernployee's alternating day off. This shall be an 8-hour shift. The workweek shall end exactly 168 hours later. The workweek foreach such position will be defined in writing. The originaldocument will be maintained bythe Department and a copy filed with the Personnel Services Department and the Payroll Division of the Finance Department. Employees shall accumulate eight (8) hours of sick leave per month, and receive sick leave pay for the actual number of hours absent. Employees on a 4110 or 3/1 2 plan shall accumulate the same number of hours of vacation per month under a 5/8 plan. Vacation leave will be granted for the actual number of hours absent. Absent with Substitute (AWS) - Police Lieutenants assigned as Field Commanders may utilize AWS to find a replacement. Any Police Lieutenant may work as a Field Commander replacement as outlined below. (1) AWS with Trade - ln accordance with Section Z(pX3) of the Fair Labor Standards Act (FLSA) as discussed in 29 CFR 553.31, the City agrees that members may substitute for one another when staffing levels do not permit a member to take time off. The substitution must be during scheduled work hours, and in the performance of work in the same capacity. When one member substitutes for another, the member being substituted forwill be credited as if he or she had worked his or normal schedule for that shift. AWS with Compensation - When one member substitutes for another, the member being substituted forwill be credited as if he or she had worked his or her normal schedule for that shift. lf the substituting member wishes to be compensated for the substitute shift worked at the base/straight time rate of pay, then the member being substituted for shall transfer the applicable number of holiday leave, vacation or administrative leave hours to the substituting member's "like" account. (Note: The member being substituted for may only select one account from which to take hours for transfer, and those hours shall only be transferred to the volunteer substitutes "like" account. lf the substituting member's selected account is at the maximum allowable balance, the substituting membershall be compensated at the base/straight time rate of pay from the (2) Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 61301'17 (Redlined Version) Page 32 K. transferred hours. An internal processing form has been established to accomplish this transfer,) (3) AWS Notification to Department- Memberswishing to provide a substitute must notify the Department using the internal processing form. The substitute must be satisfactory to the Department. lf the substitute is determined to not be a satisfactory substitute, the commanding officer shall provide the reason(s) in writhing within a reasonable amount of time. DEPUTY POLICE CHIEF STATUS An employee holding the position of Deputy Police Chief who is removed for reasons other than malfeasance or misconduct may return to a position in the previous class held. For example, if the Deputy Police Chief has previously held status as a Police Captain, the employee has return rights to a position in the class of Police Captain. The Police Chief or designee has the prerogative of assigning the former Deputy Police Chief as necessary for the good of the seruice. Time spent in the Deputy Police Chief position will be considered in determining seniority in the last previous job class held. No other employee in this Unit shall be demoted (bumped) to a position in a lower class as a result of this action. CONSOLIDATION OF SERVICES The City recognizes its obligation to meet and conferwith the Association regarding consolidation of Police services with Fresno County, to the extent it affects wages, hours and other terms and conditions of employment for members of this Unit. Notwithstanding the provisions of Article X, Termination, mention of this issue herein shall not preclude action by the City regarding consolidation after conclusion of the meet and confer process. GRIEVANCES 1, A grievance is a dispute concerning the interpretation or application of any existing City policy, practice, written rule or regulation governing personnel practices or working conditions, including this MOU. The grievance procedure relates only to existing rights or duties, not to the establishment or abolition of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure including, but not limited to, appeal to the Civil Service Board, Retirement Board or unfair employer-employee relations charge fact finding procedure. 2. A written grievance must set forth the specific rule, regulation or policy claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought. Any L, M. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 33 3. dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advisory Committee. The Committee shall rule on the dispute before proceeding with the hearing. The procedure and sequence in filing and processing a grievance shall be as follows: The grievant or grievant's representative shall discuss the grievance with the grievant's immediate supervisor before a written grievance may be filed. Grievances should be settled as near as possible to their source and in as informal setting as possible. The pafties agree that every effort shall be made to find an acceptable solution through this informal process before a written grievance is filed. (1) lf the grievance is not settled through the inforrnal process, a written grievance may be filed with the grievant's immediate supervisor. A written grievance must be filed within twenty-one (21) calendar days from the time the grievant becomes aware, or should have become aware of, the issue or incident giving rise to the problem. The grievance shall summarize the results of the informal process. (2) Upon receípt of a written grievance, the immediate supervisor shall give the grievant a written reply within seven (7) calendar days. Should the grievant not be satisfied with the answer received from the immediate supervisor, the grievant may, within seven (7) calendar days, file an appeal with the Police Chief or designee. The Police Chief or designee shall have fourteen (14) calendar days after receipt of the appeal to review the matter, investigate and provide a written answer to the appeal, explaining clearly the decision or proposed action and reasons thereof. The Police Chief or designee may confer with the grievant and appropriate supervisors in an attempt to bring about a harmonious solution. lf the grievant is not satisfied with the decision of the Police Chief or designee, the grievant may within seven (7) calendar days after receipt of the written reply, file a request for a review of the Police Chief or designee's decision to the Grievance Advisory Committee. The grievance shall be reviewed by the Association before it is referred to the Grievance Advisory Committee. a. b. c. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 34 N. (1) From the date a grievance othenruise meeting allcriteria forthe filing and processing of a grievance reaches the Labor Relations Division, the G rievance Ad visory Co mmittee shal I be convened within twenty-eight (28) calendar days in order to hear the grievance. (2) Alltime limits herein may be extended by mutualagreementof the parties. (3) The Grievance Advisory Committee shall talk to the grievant and the supervisor involved to set forth in writing the facts of the particular situation as objectively as possible and recommend a solution to the City Managerwithin foufteen (14) calendar days of their last meeting. d. The City Manager shall review the decision of the Police Chief or designee, recommendations of the Grievance Advisory Committee and shall then render a written decision to the employee within fourteen (14) calendar days after receipt from the Grievance Advisory Commíttee. e. Failure of the grievant to file an appeal within the specified time limit of the procedure beginning within subsection 3. b. shallconstitute an abandonment of the grievance. Failure of the responsible supervisor or official of the City to render a decision within the specified time limit established by this procedure shall automatically move the grievance to the next higher level for action, without action required of the grievant. 4. The Grievance Advisory Committee shall be comprised of one employee selected by the Association, one employee selected by the City and a third individual to be mutually agreed upon by the City and the Association who shall serve as the Chairperson. 5. Employees and Association Representatives shall be allowed reasonable time off without loss of pay to present grievances under this procedure. FEDERAL DRUG POLICY (Federal Omnibus Transportation Employee Testing Act-..ACT') Policv: 1. The City maintains two separate policies to distinguish those procedures required by the Federal Transit Administration and the Federal Motor Carrier Safety Ad ministration, entitled : Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 35 2. 3 4. 5. 6. "Controlled Substances and Alcohol Testing Regulations, Fresno Area Express", adopted by the City Council on March 14, 2006, which may be amended from time to time, after compliance with applicable collective bargaining laws. "Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", which may be amended from time to time after compliance with applicable collective bargaining laws. The parties agree that each policy sufficiently summarizes the cunent federal regulations required by the ACT. Both policies will be distributed to every affected member of the Fresno Police Officers Association Non-Supervisory Police Unit upon implementation or amendment of the policies, and at the time of training and orientation. The parties acknowledge that there currently exists a list of positions subject to the provisions of the two policies: "(a) Controlled Substances and Alcohol Testing Regulations, Fresno Area Express, (b) Controlled Substances and Alcohol Testing Regulations, Federal Motor Carrier Safety Administration", and should these positions be changed or modified, the parties agree to establish a new list of positions which are subject to these two policies pursuant to the ACT and the Department of Transportation. As personnel changes within these positions, the parties agree that the Department will give notice to the Association and the Risk Management Division of such changes. The Risk/Safety Manager will be responsible for receiving all information related to the implementation of this policy and directing the applicable disciplinary action in coordination with the Labor Relations Manager. The parties agree to abide by the Federal Regulations set forth in each policy. Employees who are members of the Association will also be subject to the provisions of any applicable Department Standing Order, policy or procedure. Last Chance Agreements do not apply to members of the Association. As required by federal law, employees who have tested positive and who have returned to work, will still be subject to random selection for testing and will be subject to six additional tests for drugs and alcohol during the subsequent year. Fresno Police Officers Association, Management Unit MOU 9/1 1l'14 - 6130117 (Redlined Version) Page 36 O. GENERAL TESTING GUIDELINES FOR EMPLOYEES NOT COVERED BY THE FEDERAL OMN IBUS TRANSPORTATION EMPLOYEE TESTI NG General Requirements Drug and substance tests may also be required under Departmen¡¿¡SterqCing€rd€r 24812 Policy and Procedures, as the same may be modified following consultation with the Association pursuant to FMC Section 3-607. 1. Whenever a member is assigned to a special unit engaging in drugras{€€Ét€ or vice enforcement, such member shall execute a written agreement and release stating full consent, and would be required to take a drug test. 2. ln the event the City provides an annual scheduled physical, all members wetid shall be required to submit to a drug test. 3. Sworn members while assigned to any special unit engaging in drugrqsr€oti€ or vice enforcement shall be required to periodic unannounced drug tests subject to the following conditions: A member shall execute a written agreement and release stating full consent to such periodic unannounced drug tests. At the request of the Commander of the Management Support Bureau, the City of Fresno RiskiSafety Manager shall select and schedule the date and time when each member will be tested. Such test may be administered no more than once a year, Under this subsection, any random testing without notice will be in compliance with applicable court decisions. 4. All drug testing noted above will be performed in accordance with the Federal Omnibus Transportation Act, except in those instances where the members*are unable to provide a urine sample such members may elect to provide a blood sample. lt is understood that if a member cannot provide a sufficient sample or, in the alternative, refuses to provide a blood sample, the test shall be considered to be positive. 5. ln addition to any testing requirements contained in this MOU provision, all members are subject to the "ldentification and Consent Procedures" outlined in Administrative Order2-25, along with its corresponding testing procedures. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 37 P.DISCIPLINARY PROCEDURESW @DepartmentPoliciesandProcedures#340,aswellasthe FMC, City Administrative Orders, policies, procedures, operation manuals, rules and regulations concerning disciplinary procedures will apply. However, any permanent employee receiving a Final Order of Disciplinary Action resulting in a termination, demotion or suspension of one hundred{wenty hours (120) or more may, in lieu of submitting an appeal through established means per their respective procedures, within fifteen (15) calendar days of service of the Final Order of Disciplinary Action request binding arbítration. lf a request for binding arbitration is submitted by an employee, the employee ortheir representative shall be required to provide a written waiver of their right to bring the matter through any other established means, including an appeal to the Civil Service board. The arbitrator shall set the date, time and place of the hearing, which place shall be on City premises, and shall, by certified United States mail, postage prepaid, give not less than ten (10)days notice of such date, time and place to the appellant, or the appellant's designated representative and the appointing authority. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. The arbitrator's decision shall be final and binding, and may be challenged only pursuant to the California Arbitration Act, Code of Civil Procedure Section s 1280, et seq. The fees and expenses of the arbitrator shall be paid half by the City and half by the Association. The parties shall endeavor to prepare a mutually agreed panel of seven (7) arbitrators to be utilized for the purposes of discipline arbitrations. ln the event that the parties fail to identify a panel of agreed upon arbitrators, the arbitrator shall be selected from a list of seven (7) arbitrators provided by the California State Mediation and Conciliation Service, lf the pafties cannot agree on an arbitratorfrom the list of seven, the parties shall alternatively strike the names until a single arbitrator's name remains. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 38 ARTICLE VIII HEADINGS MOU article, provision, sectíon, and paragraph headings (includes exhibits, addendums, attachments, agreements and side letters) contained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this MOU. Fresno Police Officers Association, Management Unit Page 39 MOU 9/11114 -6130117 (Redlined Version) A. ARTICLE IX SAV¡NG CLAUSE/FULL UNDERSTANDING SAVING CLAUSE ln the event any article, section or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section or portion thereof specified in the court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated article, section, or portion thereof. FULL UNDERSTANDING This MOU sets forth the full understanding and agreement of the parties, and any previous understanding or agreements by the pafties, whether formal or informal, regarding all such matters are hereby superseded and terminated in their entirety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety. Those side letter agreements attached to this MOU shall continue in force and shall continue subject to the term(s) set forth herein, or in the absence of any specified term, the side letter agreements shallterminate upon the expiration of this MOU. Any new side letter agreement entered into during the term of this MOU shall continue in force and effect subject to the terms and conditions described in the side letter. ln the absence of any term in such new side letters, they, too, shall terminate upon the expiration of this MOU, This paragraph is not intended to prevent either party from relying on discussions which occurred during the meet and confer process forthe purpose of clarifying the meaning of this MOU. B. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 40 ARTICLE X TERMINATION The provisions in this AgreemenlMOU shall be in full force and effect extended from June 30r20{+September 11,2014 to June 30,2015 2017, upon approval bythe City, subject to Sections (A.8. and C.), below. A. This AgreemenVMOU shall become effective only after ratification by the members of the Association followed by City approval and the expiration of the waíting period forthe Mayor's action provided in Charter Sections 605 and 609, and shall remain in full force and effect through June 30, æ15- 2017. ee-Opene+) The City and the Association previously agreed that the Mayor shall appoint one (1) police officer, as defined in Fresne MunieipalCede ("FMCT Section 3-301 (p) (g) from a City management position and one (1) firefighter as defined in FMC Section 3-301 (f) from a City management position as voting members to the Fresno Fire and Police Retírement Board under the authority as described in Section 3-305 (a)(1)of the FMC. ln the event any individual(s)so appointed failsto qualify, resigns, retires, or no longer qualifies to serve on the Board, the Mayor subject to the approval of the City Council shall appoint a replacement under the terms and provisions of this agreement within twenty (20) business days. lf a decision is approved by the Fire and Police Retirernent Board to separate the commingled investments of the Fresno Fire and Police Retirement System and the Fresno Employees Retirement System, this agreement on Mayoral appointments to the Fire and Police Retirement Board shall immediately become null and void and the appointment provisions contained in FMC Section 3-305 shall apply. B. During the life of this AgreemenVMOU should either party desire to modify its terms or to meet and confer with the other party as to matters within the scope of representation not addressed in this MOU, the party requesting any change shall request in writing to meet and conferon the item(s), which item(s) shall be specified in writing. C. During the term of this Agreement/MOU, either party may refuse any request bythe other to meet and confer without explanation if (1) the item is directly considered and specifically addressed herein; or (2) is directly considered and specifically addressed in any FMC section, charter section or provision, or resolution section, which section specifically establishes wages, hours, or otherterms and conditions of employment; or (3) the specific item was included in an initialwritten proposalfrom the party making the request during the meet and confer process which led to this agreement. Either party shall also have the right to refuse a request on any matter falling within the scope of representation and which would the basis of a proper Fresno Police Officers Association, Management Unit MOU 9/l 1114 - 6130117 (Redlined Version) Page 41 refusal under (1)- (3) supra, if the proposal, if accepted or implemented, would only become effective afterthe expiration of this MOU. No unilateralaction on any such refused proposal may be taken by the requesting party after such a refusal by the other. It is further agreed, however, that this section shall not prohibit the City from requesting to meet and confer on changes to federal or state statutes. Fresno Police Officers Association, Management Unit MOU 9/1 1114 - 6130117 (Redlined Version) Page 42 lN WITNESS WHEREOF, the parties hereto have set their hands this -day2014. FOR THE FRESNO POLICE FOR THE GITY OF FRESNO OFFICERS ASSOCIATION: ANDREW J. HALL BRUCE RUDD President, FPOA Management City Manager JACKY PARKS JEFFREY T. CARDELL President, FPOA Director of Personnel Services MIKE BROGDON JERRY DYER Police Lieutenant Chief of Police APPROVED AS TO FORM CITY ATTORNEY'S OFFICE Fresno Police Officers Association, Management Unit MOU 9/1 1 l1 4 - 6130117 (Redlined Version) Page 43 TABLE I Police Management - Unit 9 SALARIES EFFECTIVE JULY'1, 2014 CLASS TITLE A B c D E F Police Lieutenant 7563 7942 8340 8757 91 95 9504 Police Captain 8709 9145 9603 10.084 10.589 10,944 Deoutv Police Chief 4163 12,285 TABLE II Police Management - Unit 9 W SALARIES EFFECTIVE JULY 1,2015 (2% increase for Lts and Captains and to upper end of DG range, maintaninq 5% between steps and 3.35% between E and F) CLASS TITLE A B c D E F Police Lieutenant 7715 8101 8507 8933 9380 9695 Police Caotain 8884 9329 9796 10,286 10,801 1 1 .163 Deputy Police Chíef 4Æ 9639 12,531 TABLE III Police Management - Unit 9 SALARIES EFFECTIVE December 31, 2016 (2% increase) CLASS TITLE A B c D E F Police Lieutenant 7870 8264 8678 9112 9568 9889 Police Caotain 9062 9516 9992 10,492 11,018 11.388 Deputy Police Chief 41â3 9832 12,782 Fresno Police Officers Association, Management Unit Page 44 MOU 9/1 1114 - 6130117 (Redlined Version) RTCEIVED AGREEMENT BETWEEN THE CITY OF FRESNO ¿û1'l SiP 10 Pn 1 5ï AND FRESNO POLICE OFFICERS ASSOCIATION (FPOA) BASIC UNIT 4, AND MANAGEMENT UNIT 9 CITY CLERH, FRISNO CA SIDE LETTER OF AGREEMENT Citv of Fresno Fire and Police Retirement Svstem: During the term of the current MOU which is scheduled to expire on June 30,2017, the parties agree to meet to study provisions of the Fresno Municipal Code (FMC) regarding ¡'Dissolution or Legal Separation" and the prospect of allowing City of Fresno Fire and Police Retirement System members to "buy back" a portion of a member's retirement which was awarded to an ex-spouse in a domestic relations order and a refund was taken by the ex-spouse. Any change to the FMC in this regard would proceed only if there is no adverse impact to either the City of Fresno Fire and Police Retirement System or the City of Fresno's employer contribution rate, and requires mutual agreement of all of the affected units in the City of Fresno Fire and Police Retirement System. Performance Evaluation Forms: Upon mutual agreement, the City and the Association will meet for the express purpose of discussing changes to the performance evaluation form for Association members. Any changes to the employee evaluation form require mutual agreement. Signatures of the parties: Jerry Dyer, Chief of Police FOR THE CITY OF FRESNO, POLICE DEPARTMENT: FOR THE FRESNO POLICE OFFICERS ASSOCIATION: Jacky Parks, President, Basic Andrew J. Hall, President, Management FOR THE CITY OF FRESNO Jeffrey Cardell Director of Personnel Services Agreement Retirement Provisions Fresno Police Officers Association, Basic and Management Unit Page 2 APPROVED AS TO FORM CITY ATTORNEY'S OFFICE BY: Supervising Deputy Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-234 Agenda Date:9/11/2014 Agenda #:3-A REPORT TO THE CITY COUNCIL September 11, 2014 FROM:COUNCILMEMBER LEE BRAND Council District #6 SUBJECT BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property. RECOMMENDATION It is recommended that the City Council approve the attached ordinance adding Article 6 of Chapter 5 to the Fresno Municipal Code, prohibiting the use of controlled substances on City property. EXECUTIVE SUMMARY The attached ordinance amends the Fresno Municipal Code by prohibiting the use of controlled substances on City property to protect the public health,safety,and welfare.Without this prohibition,use of controlled substances on City property may occur without the City’s ability to control the negative effects to the health,safety,and welfare of the citizens of the City. BACKGROUND This ordinance provides a way for the City to outlaw the unauthorized use of controlled substances on City property, including City owned parks,buildings,and entertainment facilities.The Directors of PARCS and Development and Planning are responsible for the administration and enforcement of this ordinance. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines,section 15061(b)(3),it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment.This is because unauthorized use of controlled substances is already prohibited by state and federal law. Therefore, it is not subject to CEQA. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or services contract. FISCAL IMPACT City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-234 Agenda Date:9/11/2014 Agenda #:3-A The fiscal impact will include the use of existing staff to enforce the ordinance,which would include staff from the Police Department,PARCS Department,Code Enforcement,and the City Attorney's Office.These costs may be offset by any civil penalties collected through administrative citations imposed to enforce the ordinance. Attachment:Ordinance City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-351 Agenda Date:9/11/2014 Agenda #:4-A CLOSED SESSION ITEM September 11, 2014 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-167-01T and 468-350-46T (Santa Fe Lot) Negotiators: City Manager Bruce Rudd; Summa Development Group, Baltara Enterprises, Limited Partnership City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-345 Agenda Date:9/11/2014 Agenda #: REPORT TO THE CITY COUNCIL Date:September 11, 2014 FROM:MIKE SANCHEZ,Assistant Director Development & Resource Management Dept. THROUGH:BONIQUE EMERSON, AICP, Supervising Planner Development Services Division BY:CHRISTOPHER PRECIADO, Planner II Development Services Division SUBJECT HEARING to consider Rezone Application No. R-14-007 and Environmental Assessment No. R-14- 007, filed by Dirk Poeschel of Poeschel Land Development Services, Inc., on behalf of the Second Church of Christ, Scientist, and pertains to 1.58± acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues (280 West Shaw Avenue; APN: 417-333- 04) (District 2)- Development and Resource Management Department 1.Consider the environmental finding of a Categorical Exemption for Environmental Assessment No. R-14-007, dated June 12, 2014 2.BILL -Amending the Official Zone Map to reclassify 1.58±acres from the R-1 (Single Family Residential) zone district to the C-P (Administrative and Professional Office District) zone district. RECOMMENDATION Staff recommends the City Council take the following action: 1.ADOPT the environmental finding of a Categorical Exemption prepared for Environmental Assessment No. R-14-007 for the purpose of the proposed project. 2.ADOPT BILL approving Rezone Application No.R-14-007 requesting authorization to reclassify ±1.58 acres from the R-1 (Single Family Residential)zone district to the C-P (Administrative and Professional Office District) zone district. City of Fresno Printed on 12/16/2022Page 1 of 5 powered by Legistar™ File #:ID#14-345 Agenda Date:9/11/2014 Agenda #: EXECUTIVE SUMMARY Rezone Application No.R-14-007 was filed by Dirk Poeschel of Poeschel Land Development Services,Inc.,on behalf of the Second Church of Christ,Scientist,and pertains to 1.58±acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues.Rezone Application No.R-14-007 proposes to amend the Official Zone Map to reclassify the southernmost 1.58±acres of the subject property from the R-1 (Single Family Residential)zone district to the C-P (Administrative and Professional Offices)zone district.The southernmost 1.58±acre portion of the property contains a church,related religious facilities,and offices.The requested rezone would be consistent with the General Plan land use designation of commercial office.The northern portion of the property is not part of the rezone application.Approval of the requested zoning will bring the subject site into conformity with the commercial office land use designated for the site by the Bullard Community Plan and the 2025 Fresno General Plan. The proposed project is supported by staff. In addition, on August 6, 2014, the Planning Commission recommended that the City Council approve Rezone Application No. R-14-007 and Environmental Assessment No. R-14-007 by a 5-0-1 vote. PROJECT INFORMATION APPLICANT Dirk Poeschel LOCATION 280 West Shaw Avenue; Located on the northeast corner of West Shaw and North College Avenues. APN:417-333-04 (Council District 2, Councilmember Brandau) SITE SIZE Approximately 2.96 acres PLANNED LAND USE Existing - Commercial Office ZONING Existing - R-1 (Single Family Residential)Proposed - C-P (Administrative and Professional Office District) PLAN DESIGNATION AND CONSISTENCY Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the proposed C-P zone district classification proposed for the subject property is consistent with the existing commercial office planned land use designated for the subject property by the 2025 Fresno General Plan ENVIRONMENTAL FINDING This project is exempt under Sections 15301/Class 1 and 15332/Class 32 of the State of California CEQA Guidelines. PLAN COMMITTEE RECOMMENDATION The District 2 Plan Implementation Committee recommended approval to the City Council with a 4-0 vote. STAFF RECOMMENDATION (1) Approval of the Categorical Exemption prepared for Environmental Assessment No. R-14-007; and (2) Rezone Application No. R-14-007. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North residential/medium high density R-2 A Low Density Multiple Family Residential District, One Story Low Density Multiple Family Residential South County of Fresno commercial/office R-P (County)Residential Professional Office Commercial Office East residential medium high density commercial/office R-2A/R-P/CP Low Density Multiple Family Residential District, One Story Residential and Professional Office District Administrative and Professional Office District Residential medium high density commercial/office West County of Fresno residential medium high density commercial/office R-1 and R-P (County)Single Family Residential and Residential Professional Office Low Density Multiple Family Residential commercial/office City of Fresno Printed on 12/16/2022Page 2 of 5 powered by Legistar™ File #:ID#14-345 Agenda Date:9/11/2014 Agenda #: Planned Land Use Existing Zoning Existing Land UseNorthresidential/medium highdensity R-2 A Low Density Multiple FamilyResidential District, One Story Low Density MultipleFamily ResidentialSouthCounty of Fresnocommercial/office R-P (County)Residential ProfessionalOffice Commercial OfficeEastresidential medium high density commercial/office R-2A/R-P/CP Low Density Multiple Family Residential District, One Story Residential and Professional Office District Administrative and Professional Office District Residential medium high density commercial/office West County of Fresno residential medium high density commercial/office R-1 and R-P (County)Single Family Residential and Residential Professional Office Low Density Multiple Family Residential commercial/office BACKGROUND/ANALYSIS Rezone Application No.R-14-007 was filed by Dirk Poeschel of Poeschel Land Development Services,Inc.,on behalf of the Second Church of Christ,Scientist,and pertains to 1.58±acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues. Rezone Application No.R-14-007 proposes to amend the Official Zone Map to reclassify the southernmost 1.58±acres of the subject property from the R-1 (Single Family Residential)zone district to the C-P (Administrative and Professional Offices)zone district.The southernmost 1.58± acre portion of the property is planned for office uses,and the requested rezone would be consistent with the General Plan land use designation.The northern portion of the property is not part of this rezone application. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix)of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table)of the FMC the proposed C- P (Administrative and Professional Offices)zone district is consistent with the Commercial office planned land use designation for the subject property. The subject property is bounded on the north by low rise multifamily residential uses,to the west by low rise multifamily and commercial office uses (Fresno County),to the south by commercial office (Fresno County), and to the east by low rise multifamily and commercial office uses. Land Use Plans and Policies 2025 Fresno General Plan The following policy contained within the 2025 Fresno General Plan will be applied to any future land use applications submitted for the site and will ensure that the future development will not be detrimental to the surrounding community. Policy C-12-a:Ensure all commercial land uses are developed and maintained in a manner complimentary to and compatible with adjacent residential land uses,to minimize interface problems with the surrounding environment and to be compatible with public facilities and services. For over the last 25 years the existing property has been used for a church and related facilities.In addition,the surrounding land uses are consistent with the current zoning and planned land use designations.Approval of this rezone application will allow the property to become consistent with the 2025 General Plan planned land use designation of office commercial.The applicant has not indicated that there are any future expansion plans for the subject property. Planning Commission The Fresno City Planning Commission considered Rezone Application No. R-14-007, and related City of Fresno Printed on 12/16/2022Page 3 of 5 powered by Legistar™ File #:ID#14-345 Agenda Date:9/11/2014 Agenda #: environmental assessment at its regular meeting held on August 6, 2014. After a full and complete hearing, the Planning Commission resolved, by a vote of 5-0-1, to recommend approval to the City Council of Rezone Application No. R-14-007 and the related environmental assessment. ENVIRONMENTAL FINDING On July 12,2014,staff determined this project to be categorically exempt under Sections 15301/Class 1 and 15332/Class 32 of the State of California CEQA Guidelines. Section 15301/Class 1 exempts the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing public or private structures,facilities,mechanical equipment,or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.The proposed project will rezone the southernmost portion of the property planned for commercial office uses to be consistent with the general plan land use designation.The project does not propose an expansion of existing use.The site is completely developed with structures,parking,sidewalks and extensive landscaping.The site is served by community sewer,water and storm drain services.The applicant contemplates no physical change to the site. Section 15332/Class 32:The rezone application is consistent with the general,community,and planned land use designation of Commercial Office and conforms to all applicable policies.The site area is less than five acres,is completely surrounded by urban uses,and does not contain any significant value as habitat for endangered,rare,or threatened species.The proposed project is consistent with the exemption because the project is requesting authorization to rezone a 1.58 acre portion of the 2.96 acre site to bring the site zoning into conformity with the adopted general plan.A church and related facility are allowed as a by-right use in the C-P zone district.The subject site is adequately served by all required utilities and public services.No adverse environmental impacts would occur as a result of the proposed project. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not considered because this rezone does not include a bid or award of a construction or services contract. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the City a fee for the processing of this application and that fee is,in turn, funding the respective operations of the Development and Resource Management Department. Attachments:Vicinity Map Aerial Photograph Public Hearing Notice Mailing List Vicinity Map City of Fresno Printed on 12/16/2022Page 4 of 5 powered by Legistar™ File #:ID#14-345 Agenda Date:9/11/2014 Agenda #: Proposed Zone District Map Environmental Assessment No. R-14-007 Planning Commission Resolution Nos. 13298 (EA & Rezone) City Council Ordinance Bill for Rezone Application No. R-14-007 City of Fresno Printed on 12/16/2022Page 5 of 5 powered by Legistar™ N MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEW SHAW AVEW SHAW AVEW SHAW AVEW SHAW AVEW SHAW AVEN MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEN POPLAR AVEN POPLAR AVEN POPLAR AVEN POPLAR AVEN POPLAR AVEW KEATS AVEW KEATS AVEW KEATS AVEW KEATS AVEW KEATS AVE W TWAIN AVEW TWAIN AVEW TWAIN AVEW TWAIN AVEW TWAIN AVE N GLENN AVEN GLENN AVEN GLENN AVEN GLENN AVEN GLENN AVEW KEATS AVEW KEATS AVEW KEATS AVEW KEATS AVEW KEATS AVE W SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVEW SCOTT AVE N DEL MAR AVEN DEL MAR AVEN DEL MAR AVEN DEL MAR AVEN DEL MAR AVEW SAN JOSE AVEW SAN JOSE AVEW SAN JOSE AVEW SAN JOSE AVEW SAN JOSE AVE N BUNGALOW LNN BUNGALOW LNN BUNGALOW LNN BUNGALOW LNN BUNGALOW LNN COLLEGE AVEN COLLEGE AVEN COLLEGE AVEN COLLEGE AVEN COLLEGE AVEE SIERRA MADRE AVEE SIERRA MADRE AVEE SIERRA MADRE AVEE SIERRA MADRE AVEE SIERRA MADRE AVE E FAIRMONT AVEE FAIRMONT AVEE FAIRMONT AVEE FAIRMONT AVEE FAIRMONT AVEN MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEW SHAW AVEW SHAW AVEW SHAW AVEW SHAW AVEW SHAW AVE N MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVEN MAROA AVE VICINITY MAP Subject Property LEGEND Subject Property LEGEND 41733304 417250X1 41733314 41733313 41733320 417520XA 42508210 42508204 41733319 42508205 41733206 42508106 42508209 4250820742508208 41733215 42508104 42508105 4172520441725205 4172520341725206 4173320741733208 41733202 42508203 41733201 4173321741733211 41733209 41733210 41733212 41733213 42508117 41733203 41725302 41725307 41725308 41725306 41725301 41725147 42508116 42508103 42508206 41725146 41725136 41725140 41725143 41725142 41725138 41725148 41725154 41725151 41725152 417251394172513441725135 41725145 41725137 41725141 4172514441725149 41725150 41725153 41733216T 41752016 41752017 4175200241752001 4175201441752013 41752004417520034175200541752008 41752015 4175201241752011417520104175201841752006 41752007 41752009 SHAW AVEDEL MAR AVECOLLEGE AVEBUNGALOW LNSCOTT AVE TWAIN AVEPOPLAR AVESCOTT AVE Ad dress List Map, Gary Unruh, c:\gisdm5\automap\adrlist.mxd, Wed Jun 18 14:57:03 2014 Buffered at:350 Feet, Legal Notices, Owners41733304 999744 R-14-007 41 HWYSHAW AVEMAROA AVEBARSTOW AVE BLACKSTONE AVE 300' 293'231'224'9' R-1 R-1 R-2-A R-1R-1-C R-P R-1-C R-1 C-P C-P R-1-CR-2-A W SHAW AVE N DEL MAR AVEN COLLEGE AVEE SIERRA MADRE AVEN BUNGALOW LNPRIVATE DR W KEATS AVE W TWAIN AVEN POPLAR AVER-14-007APN: 417-333-04 (portion)280 West Shaw Avenue 0 200 400100Feet/ EXHIBIT A R-1 to C-P, 1.58 Acres City Limits City of Fresno County of Fresno