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HomeMy WebLinkAbout2016-21 CC Reso - Adopting MOUs for Police, Fire, Fire Mgmt, and Police ChiefRESOLUTION NO. 2016-211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE POLICE, FIRE AND FIRE MANAGEMENT BARGAINING UNITS, AND THE POLICE CHIEF EMPLOYMENT CONTRACT WHEREAS, the Employee/Employer Relations Officer and Human Resources Director have met and conferred in good faith with representatives of the Police, Fire and Fire Management Bargaining Units, and the Police Chief; and WHEREAS, Memoranda of Understanding for the term of September 19, 2015 through September 18, 2018 have been arrived at and agreed to by the parties; and WHEREAS, the Employment Contract between the Police Chief and the City has been amended and agreed to by the parties; and WHEREAS, said Memoranda of Understanding and the Police Chief Employment Contract have been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding for the Police, Fire and Fire Management Bargaining Units, and the Police Chief Contract attached in substantial form as Exhibits A - D are hereby adopted and the Employee/Employer Relations Officer is authorized to enter into these Agreements. PASSED AND ADOPTED this 20th day of April 2016, by the following roll call: AYES: Cour,cilmembers Crane, Mulheren, Doble, Brous, and Mayor Scalmanini NOES: None ABSENT: None ABSTAIN: None Stephen G. Scalmanini, Mayor ATTEST: 1ji4 (�� Ashley Cocc Deputy City Clerk EXHIBIT A MEMORANDUM OF UNDERSTANDING Police Unit 2015-2018 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Ukiah Police Officer's Association (hereinafter Police Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings: 1. TERM: September 19, 2015 — September 18, 2018. 2. SALARY Year 1: All Classifications except Police Captain - Effective retroactively to the first full pay period following September 19, 2015, restoration of 4.6% compensation reductions taken in 2013 returned to base salary. Year 1: Police Captain Classification: Effective retroactively to the first full pay period following September 19, 2015, restoration of the 5% salary reduction taken in 2013 returned to base salary. Year 2: 2.5% increase to base salary effective the first full pay period following September 19, 2016, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. Year 3: 2.5% increase to base salary effective the first full pay period following September 19, 2017, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. 3. POLICE CAPTAIN FLEX DOLLARS The Police Captain currently participates in the City's flex plan system, subject to the rules and procedures of the City's flex plan system. Effective the first full pay period following July 1, 2016, in order to maintain an appropriate salary differential between the Police Captain and the Police Lieutenant salary classifications, the City agrees to add the Police Captain's $1,052/month flex dollars to the Police Captain classification's monthly base salary, adjusted to $811.08/month to be applied on a cost -neutral basis to the City. The Police Captain will no longer be eligible to receive flex dollars in addition to base salary. 4. PERS MEMBER CONTRIBUTION FOR "CLASSIC" MEMBERS The Police Officers Association agrees to incrementally pick up the PERS member contribution, consisting of 10% for sworn officers and 8% for Dispatchers and CSO's, over the three year term of this Agreement. Upon adoption of this agreement, the City agrees to implement "Employer Paid Member Contributions (EPMC)" by Resolution of the City Council for all "classic" PERS members (hired prior to January 1, 2013) to include the provisions of IRC 414(h)(2) for pre-tax contributions. The City agrees to offset the PERS member contribution deduction with a corresponding increase to base salary in an effort to make this transition from City paid contribution to Employer Paid Member Contribution cost neutral to the City. Unit members hired after January 1, 2013 ("New" PERS members subject to the Public Employees' Pension Reform Act, or PEPRA) already pay the required PERS member contribution under PEPRA, and are prohibited from EPMC, but would receive the offsetting increase to base salary received by their respective Unit classifications. The Police Captain classification already pays EPMC, and would therefore not be subject to this incremental pick-up of the member contribution, nor the offsetting increases to base salary. Upon adoption of this Agreement, the City will submit the required Resolution for Employer Paid Member Contributions (EPMC), as adopted by the City Council, and will initiate the PERS payroll deductions and associated increase to base salary effective the first full pay period following PERS approval in Year 1, and the first full pay period following September 19th in Years 2 and 3 of the contract, as follows: Year Sworn Officers Sworn Officers CSO & CSO & Member Base Salary Dispatcher Dispatcher Contribution Increase Member Base Salary (10%) Contribution Increase 8% 1 3.33% 2% 2.66% 1.5% 2 6.66% 2% 5.34% 1.5% 3 10.00% 2% 8.00% 1.5% 1 5. UNIFORM ALLOWANCE Effective July 1, 2016 Unit members will receive $1,000.00 per fiscal year in Uniform Allowance, payable on a bi-weekly basis as earned, or $38.46 per pay period, subject to ordinary income taxes. This allowance is to be used for the purchase, rental and/or maintenance of required uniform clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes. This provision is in accordance with PERS special compensation regulations. Employees hired after July 1 of any fiscal year will receive $1,000 pro -rated among the remaining pay periods for that year. It will be each Unit member's responsibility to purchase and maintain their uniforms in a clean and orderly condition in accordance with departmental Standard Operating Procedures (SOP). Employees who do not adhere to the policies outlined in the MOU and the SOP's to maintain professional attire in the course of their duties, may be subject to discipline. 6. RE -OPENER FOR DISCUSSION OF HEALTH, VISION & DENTAL CONTRIBUTIONS FOR NEW HIRES: During the term of the Agreement, by mutual consent, the City and the Unit may explore standardizing health, dental, and vision contributions for new hires. 7. CONTINUATION The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this day of April, 2016. CITY OF UKIAH POLICE UNIT Sage Sangiacomo Noble Waidelich, UPOA President City Manager Kevin Murray, Police Officer Andrew Snyder, Police Officer Kelly Denham, Public Safety Dispatcher 3: WIOUTOLICE2015-2018 1 1 EXHIBIT B MEMORANDUM OF UNDERSTANDING Fire Unit 2015-2018 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter "City") and the Fire Unit (hereinafter "Unit"). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. 1. Term The term of this Agreement shall be three (3) years, effective September 19, 2015, through September 18, 2018. 2. Salary YEAR 1: Restoration to base salary of the 2013 5% concession. YEAR 2: The equivalent of 2.5% of base salary will be added to monthly flex dollars to all members employed as of the date of adoption of this Agreement, effective the first full pay period following September 19, 2016, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. YEAR 3: The equivalent of 2.5% of base salary will be added to monthly flex dollars to all members employed as of the date of adoption of this Agreement, effective the first full pay period following September 19, 2017, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. 3. Health Contribution Effective upon ratification of this Agreement, and subject to the Fire Unit's agreement to terminate their PERS Health Plan Contract and convert to the REMIF health insurance plan effective 1-1-2017, for all new hires and those incumbent employees electing to do so, the City will pay a monthly health contribution of up to $1,283.82 per month towards each Unit member's health insurance premiums, based upon actual enrollments, in lieu of the current "flex dollar" plan. Any temporary surcharge assessed by REMIF for "late enrollment" of the bargaining unit will be paid by the City. For incumbent employees electing "employee only" coverage, the City will pay the employee only premiums plus $200.00 a month, not to exceed the $1,283.82. Incumbent employees not electing this contribution will remain on the existing "flex" plan. After July 1, 2016, Unit members not currently enrolled in the City's health plan may enroll in City health plans during the first or any Open Enrollment period, or qualifying event, during the term of this agreement. Once enrolled in the City's health plan, Unit members will no longer be eligible for the . flex plan. Upon ratification of this Agreement, all new hires will only be eligible for the health contribution up to $1,283.82 per month, based upon actual enrollments and will not be eligible for the flex plan. For new hires electing "employee only" coverage, the City will pay the employee only premiums plus $200.00 per month, not to exceed the $1,283.82. New hires and incumbent employees who have migrated to the monthly health contribution described herein who opt out of the City's health coverage will receive $200.00 a month in lieu of such benefits. 4. Bilinaual Pav The City and the Fire Unit agree to amend the current Bilingual Incentive Pay provisions to recognize the difference in skill level between a basic level bilingual speaking firefighter and a fluent bilingual speaking firefighter. The language proficiency standards used for testing firefighters for Spanish speaking ability are based upon those established by the American Council for Teaching Foreign Language, as compiled for the City of Ukiah by an independent assessor. Firefighters successfully testing at a basic level in accordance with the Standards will receive $75.00 per month incentive pay. Firefighters successfully testing at a fluent level will be eligible to receive $125.00 per month incentive pay. 5. Uniform Allowance Effective July 1, 2016 Unit members will receive their $1,000.00/year uniform allowance on a bi- weekly basis as earned, or $38.46 per pay period, subject to ordinary incomes taxes. While remaining a non-PERSable allowance, purchases must conform to the PERS Uniform Allowance standard for the purposes of defining use. The applied standard shall limit the allowance to be used for the purchase, rental and/or maintenance of required uniform clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests and safety shoes. It will be each Unit member's responsibility to purchase and maintain their uniforms in a clean and orderly condition in accordance with the established departmental Standard Operating Procedures (SOP's). Employees who do not adhere to the policies outlined in the MOU and/or SOP's may be subject to discipline. 6. Sick Leave Accrual Effective upon adoption of this Agreement, and contingent upon the Fire Unit's agreement to terminate the PERS Health Plan and convert to the REMIF Health Plan on 1/1/2017, the current sick leave accrual rate will be decreased from 18 hours per month to 12 hours per month in accordance with industry standards as a resource for increasing the Unit's monthly health contribution. All employees hired after the adoption of this Agreement will accrue Sick Leave at 12 hours per month. Existing employees who elect to continue to receive "flex dollars" towards their health insurance options will continue to accrue Sick Leave at 18 hours per month. Existing employees who elect to receive the monthly health contribution of $1,283.82, in lieu of "flex dollars" will accrue Sick Leave at 12 hours per 2 month. This is a one-time, non-reversible election. 7. Educational Incentive The City and the Fire Unit are working on mutually agreeable language to update and better define the Educational Incentive provisions of the MOU. The parties agree to continue discussions to finalize the Educational Incentive program by the City Council meeting on April 20, 2016. 8. Re -Opener for Health Insurance During the term of the agreement, by mutual consent, the City and the Unit may explore standardizing health, dental, and vision contributions for new hires. 9. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding, shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this day of April, 2016. CITY OF UKIAH FIRE UNIT Sage Sangiacomo Eric Singlet , F' Engineer City Manager Rebecca Schwenger, Fire Engineer l' Ryan els��refiglhter 3:MOU/FIRE UNIT2015-2018 3 EXHIBIT C MEMORANDUM OF UNDERSTANDING Fire Management Unit 2015-2018 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter "City") and the Fire Management Unit (hereinafter "Unit"). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. 1. Term The term of this Agreement shall be three (3) years, effective September 19, 2015, through September 19, 2018. 2. Salary YEAR 1: Restoration to base salary of the 2013 5% salary concession. YEAR 2: The equivalent of 2.5% of base salary will be added to monthly flex dollars to all members employed as of the date of adoption of this Agreement, effective the first full pay period following September 19, 2016, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. YEAR 3: The equivalent of 2.5% of base salary will be added to monthly flex dollars to all members employed as of the date of adoption of this Agreement, effective the first full pay period following September 19, 2017, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. 3. Health Insurance Contribution NEW HIRES: Effective upon adoption of this Agreement, all newly hired Fire Management Unit members will receive up to $1,283.82 per month towards the Unit member's health, dental, and vision insurance premiums, based upon actual enrollments. For Unit members electing "employee - only" coverage the City will pay the employee -only premiums plus $200.00/month, not to exceed the $1,283.82/month maximum. Unit members who show proof of other health insurance coverage and "opt out" of the City health plan will receive $200.00/month. New employees (hired after adoption of this Agreement) will not be eligible to elect flex dollars. CURRENT EMPLOYEES: Effective upon adoption of this Agreement, existing Fire Management Unit members who are currently enrolled in the City's health, dental, or vision plan may elect to receive the monthly health insurance contribution up to $1,282.83/month IN LIEU OF receiving flex dollars as described above. In exchange for this benefit, existing unit members agree to decrease their current Management Incentive Pay hours from 120 hours to 80 hours/fiscal year, to reflect industry standard and achieve savings in PERS liability. Management Pay hours may be taken as leave or cashed out by the employee (referred to as "Executive Leave"), and would therefore become non -PERS reportable. Once existing employees make the election to convert from flex dollars to the monthly health contribution, flex dollars will no longer be available to them. After July 1, 2016, Unit members not currently enrolled in the City's health plan may enroll in City health plans during the first or any Open Enrollment period, or qualifying event, during the term of this agreement. Once enrolled in the plan, Unit members will no longer be eligible for the flex plan. Current Unit members receiving flex dollars who do not elect to receive the monthly health contribution of up to $1,283.82 will continue to receive flex dollars, and their Management Incentive Pay hours will remain at 120 hours per fiscal year, cash -out only, and PERS-reportable. 4. Bilingual PaY The City and the Fire Management Unit agree to amend the current Bilingual Incentive Pay provisions to recognize the difference in skill level between a basic level bilingual speaking firefighter and a fluent bilingual speaking firefighter. The language proficiency standards used for testing firefighters for Spanish speaking ability are based upon those established by the American Council for Teaching Foreign Language, as compiled for the City of Ukiah by an independent assessor. Fire Division Chiefs successfully testing at a basic level in accordance with the Standards will receive $75.00 per month incentive pay. Those successfully testing at a fluent level will be eligible to receive $125.00 per month incentive pay. 5. Uniform Allowance 1 Effective July 1, 2016, the Fire Division Chief uniform allowance will increase from $950.00/year to $1,000.00/year, consistent with the City's other Public Safety labor groups. Uniform allowance will be paid on a bi-weekly basis as earned, or $38.46 per pay period, subject to ordinary incomes taxes. Purchases must conform to the PERS Uniform Allowance standard for the purposes of defining use. The applied standard shall limit the allowance to be used for the purchase, rental and/or maintenance of required uniform clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests and safety shoes. It will be each Unit member's responsibility to purchase and maintain their uniforms in a clean and orderly condition in accordance with the established departmental Standard Operating Procedures (SOP's). Employees who do not adhere to the policies outlined in the MOU and/or SOP's may be subject to discipline. 6. Merit Pav Effective the first full pay period following adoption of this Agreement, the City and the Unit agree to eliminate the 8% Merit Pay benefit, previously reported to PERS as "special compensation". In exchange, the City will roll the equivalent 8% into base salary for the Fire Division Chief salary classification, at no net increase in salary or PERS costs to the City. K 7. Re -Opener for Health Insurance During the term of the agreement, by mutual consent, the City and the Unit may explore standardizing health, dental, and vision contributions for new hires. 8. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding, shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this day of April, 2016. CITY OF UKIAH Sage Sangiacomo City Manager 3:MOU/FIRE MANAGEMENT UNIT 2015-2018 1 3 FIRE MANAGEMENT UNIT Kevin Jennings, krb Division ief irk Thomsen, Fire Division Chief EXHIBIT D Terms and Conditions of Employment For City of Ukiah Police Chief Job Classification The Police Chief of Ukiah is an at -will department head position and is expected to perform the duties of Police Chief as prescribed by all applicable laws, rules and regulations of the State of California and the City, the Chiefs job announcement, job description, and all duties prescribed orally or in writing by the City Manager. Subsequent review of this Agreement will correspond with the term of the Ukiah Police Officers Association Memoranda of Understanding. Compensation for the job classification of Police Chief is defined as follows: 1. Salary: The Chiefs salary range is contained on the Police Unit salary schedule. The Police Chief has participated in salary concessions that occurred from 2009 — 2013, along with the Police Unit, up to and including a 5% reduction to base pay effective 9/29/2013 by removal of the 5% pay differential he received upon assuming the title of Director of Public Safety, and restoring his title to Police Chief. Salary Restoration: Effective retroactively to the first full pay period following September 29, 2015, restoration of the 5% reduction to base salary that was part of the 2013 salary concessions. The Police Chief will be responsible for Public Safety assignments as designated by the City Manager. Effective the first full pay period following September 19, 2016, up to a 2.5% increase to base salary, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. Effective the first full pay period following September 19, 2017, up to a 2.5% increase to base salary, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF -Oakland -San Jose figures for April, to a maximum of 2.5%. In no case shall this result in a decrease in compensation. 2. Health and Welfare Premiums: Effective the first full pay period in February 2008, the City will pay with City funds (a) the current City -paid health and welfare contribution, the health, dental and vision premiums for the Chief; (b) up to fifty percent (50%) of the insured dependent's health, dental and vision premiums for the number of family members, not to exceed fifty percent (50%) of the annually published PERS Choice health premiums; and (c) REMIF dental and vision monthly premiums through December 2008. 3. Flex Plan: The Police Chief participates in the flex plan system. Effective the first full pay period in February 2008, the Chief received $485.71 bi-weekly, subject to the rules and procedures of the City's flex plan system. Effective the first full pay period following July 1, 2016, in order to maintain an appropriate salary differential between the Police Chief and the Police Captain salary classifications, the City agrees to add the Police Chiefs $1,052/month flex dollars to the Police Chief classification's monthly base salary, adjusted to $787.75/month to be applied on a cost -neutral basis to the City. The Police Chief will no longer be eligible to receive flex dollars in addition to base salary. 4. Management Incentive Pay: Effective the first full pay period in February 2008, the Police Chief shall receive base rate salary for 104 hours per year, to be paid as straight time by cash payment on a fiscal basis. The Chief will be required to request the Management Incentive Pay in accordance with the City's rules and procedures. 5. Section 125 Plan: A Section 125 Plan is available for pre-tax benefits at the option of the Police Chief. 6. Retiree Insurance: Upon obtaining seven years of service with the City of Ukiah, the Chief may purchase at his own expense, City group insurance if offered by the carrier, and subject to the carrier's requirements. Premium payments must be made to the City of Ukiah no later than the 15th of the month preceding the month of coverage, or coverage will be terminated. 7. Retiree Medical: The Chief may contribute each pay period toward a Retiree Health Plan Trust Fund in an amount to be determined by the Chief. All contributions will be lumped into a trust fund for highest interest rate earning possibility, and an annual report on contribution and interest accumulation will be made available. The Chief may withdraw funds at any time, but upon withdrawal, the Chief cannot reenter the Program. Upon retirement, the Chief may withdraw all funds from the individual employee retirement trust account or designate how much per month they would like to retrieve from the fund until depletion of the account. 8. Holidays: Effective the first pay period in February 2008, the Chief will receive the following paid holidays: a. December 31 b. January 1 c. 3rd Monday of January d. 3rd Monday of February e. Last Monday of May f. July 4 g. 1 st Monday of September h. 2nd Monday of October i. November 11 j. 4th Thursday of November k. 4th Friday of November I. December 24 m. December 25 New Year's Eve New Year's Day Martin Luther King Birthday Washington's Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day following Thanksgiving Christmas Eve Christmas Day 9. Vacation Schedule: Effective the first pay period in February 2008, the Chief will accrue vacation hourly each pay period in accordance with the following schedule: Years Hourly Factor Maximum Accrual 0-8 yrs 6.2 hours/pay period 338.4 hours 9-15 yrs 7.7 hours/pay period 416.4 hours 16 plus 8.4 hours/pay period 452.8 hours 10. Vacation Cash Out: Effective the first pay period in February 2008, in the event the Chief reaches over half of his maximum accrual, he may cash out up to two weeks of vacation. Vacation cash out is limited to two times per fiscal year, and must occur in a pay period during which they have accrued at least half of their vacation accrual maximum. 11. Bereavement Leave: The Chief is entitled to three days bereavement leave for the death of any member of his immediate family. An additional two days may be granted for travel exceeding 350 miles one way. 12. Service Credit: The Chief will receive credit of up to 50% for prior comparable government entity service toward vacation accrual, at the discretion of the City Manager. 13. Military Service Credit: If the Chief is PERS eligible, he may elect to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. He must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service as determined by PERS. 14. Uniform Allowance: Effective the first pay period of February 2008, the Police Chief will receive a $1000 uniform allowance annually. Effective July 1, 2016 Uniform Allowance will be payable on a bi-weekly basis as earned, or $38.46 per pay period, subject to ordinary income taxes. This allowance is to be used for the purchase, rental and/or maintenance of required uniform clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes. This provision is in accordance with PERS special compensation regulations. It will be the Police Chief's responsibility to purchase and maintain uniforms in a clean and orderly condition in accordance with departmental Standard Operating Procedures (SOP). 15. Service Clubs: Upon approval by the City Manager, the City may reimburse the Chief for service club expenses for one service club, subject to City rules and procedures. Reimbursement is limited to annual dues, fines, meals and special assessments to specified maximums. 16. Use of City Vehicle: The Chief shall be entitled to use a City Vehicle for professional and business use. 17. Hours of Work: It is understood that the demands of the position of Chief will require more than eight (8) hours a day and/or forty (40) hours per work week. The Chief is not entitled to receive overtime compensation. 18. Separation Agreement: Effective September 18, 2013, by adoption of Council Resolution 2013-23, the Police Chief is subject to the same "Separation Agreement" as other at -will Department Head employees. If the City terminates the employment of a Department Head without cause, including but not limited to lay off or elimination of position, and the Department Head is willing and able to perform his/her job duties, then the Department Head shall be placed on administrative leave to maintain current pay and benefits for up to six (6) months while seeking other employment options. At the employee's election any remaining balance of the 6 -month administrative leave shall be paid in a lump sum payment within (30) days of the request for payment. For a period of six (6) months following termination, the City shall pay its share of costs to continue health, dental, and vision insurance for the Department Head and all dependents. 19. Miscellaneous: a. The text herein shall constitute the entire Agreement between the parties. This Agreement may not be modified, except by written agreement executed by both parties. b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. C. This Agreement shall be governed by the laws of the State of California. d. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. e. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE. DATED: 4/1-561(a EMPLOYEE By Chris Dewey, Poli a Chief DATED: CITY OF UKIAH By Sage Sangiacomo, City Manager