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2022-08-30; City Council; ; Appropriation of Funds for 34 Police Vehicles in Accordance with the 2022-24 Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police Officers’ As
CA Review _AF_ Meeting Date: Aug. 30, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov, 442-339-2170 Bradley Northup, Public Works Superintendent bradley.northup@carlsbadca.gov, 442-339-5193 Subject: Appropriation of Funds for 34 Police Vehicles in Accordance with the 2022-24 Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police Officers’ Association and authorizing contracts for outfitting the vehicles and installing in-car camera systems District: All Recommended Action Adopt a resolution: • Authorizing the Deputy City Manager of Administrative Services to appropriate $2.4 million to the Carlsbad Police Department’s fiscal year 2022-23 operating budget for the purchase of 34 fully outfitted marked police vehicles, and $498,267 for the equipment and installation of the M500 in-car video system • Authorizing the City Manager, or designee, to purchase in-car video equipment for the 34 police vehicles from Motorola Solutions in an amount not to exceed $338,336 • Authorizing the City Manager, or designee, to execute Amendment No. 1 of the existing in-car video installation services with Day Wireless Systems for the installation of 34 additional in-car camera systems, increasing the agreement to a total amount not to exceed $442,163 • Authorizing the Mayor to execute Amendment No. 2 of the existing Police Patrol Outfitting Agreement (PSA21-1414FLT) with Emergency Vehicle Systems LLC for outfitting 34 newly purchased police vehicles, increasing the increasing the annual not- to-exceed amount by $579,734 for a total amended contract value of not to exceed $2,314,809 • Authorizing the Deputy City Manager of Administrative Services to appropriate $193,000 to the Fleet Maintenance FY 2022-23 operating budget • Authorizing the Deputy City Manager of Administrative Services to appropriate $73,000 to the Police Department’s` FY 2022-23 operating budget Aug. 30, 2022 Item #6 Page 1 of 81 Executive Summary The city agreed to assign all officers, corporals and sergeants who are certified and able to deploy as a solo, full-duty, peace officer with a designated police vehicle that they will be able to take home, conditioned upon the availability of vehicles, in the 2022-24 memorandum of understanding between the City of Carlsbad and the Carlsbad Police Officers’ Association that was approved by the City Council on June 7, 2022 (Exhibit 2). In order to assign a designated vehicle to each eligible officer, staff have developed a plan to buy some new vehicles and double the service life of some vehicles already in the department’s fleet. The Police Department is now requesting the City Council’s authorization to proceed with the purchase and outfitting of 34 fully outfitted marked police vehicles. The City Council is also being asked to make $3,164,267 in appropriations for this purchase, and to approve related amendments to the companies that outfit police vehicles and install their in- car video systems. The City Council’s approval is required because Carlsbad Municipal Code Section 3.28.060 D.5 states that only the City Council can authorize the procurement of services and professional services that will cost to the city more than $100,000 per agreement year. Discussion Article 29 of the recently approved memorandum with the Carlsbad Police Officers’ Association states, Police Sergeants, Police Corporals and Police Officers who are certified and able to deploy as a solo, full-duty, peace officer shall be assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift and take the vehicle to their residence in accordance with department policy. Assignment of a designated vehicle is expressly conditioned on the availability of vehicles. The Police Department is currently authorized to have 132 sworn police officers, with 55 marked police units and 36 unmarked police units in its fleet. The department also has five reserve vehicles that are maintained in the event vehicles in regular use need service or are damaged. The additional 34 marked police vehicles are being requested to provide each sworn officer with a vehicle and retain the recommended number of vehicles in reserve. Purchasing and outfitting the new vehicles will cost the city a total of $2,898,267, or $85,243 per vehicle. The City Council is being asked to appropriate $2.4 million to the Carlsbad Police Department’s fiscal year 2022-23 operating budget for the purchase and outfitting of the vehicles and $498,267 for the equipment and installation of the in-car video system. The proposed resolution is attached as Exhibit 1. The city has an agreement with Emergency Vehicle Systems LLC to outfit city police vehicles with a not-to-exceed value of $378,724. The City Council is being asked to approve an amendment to that agreement to increase the annual not-to-exceed amount by $579,734, for a total amended contract value not to exceed $2,314,809. The City Council is also being asked to approve the purchase of the in-car video camera system equipment for the 34 police vehicles from Motorola Solutions for $338,336. The city has a separate agreement with Day Wireless Systems to install in-car video camera systems with a Aug. 30, 2022 Item #6 Page 2 of 81 not-to-exceed value of $282,232. The City Council is also being asked to approve an amendment to that agreement to increase that amount by $159,931, to a total of $442,163, to have the cameras installed in the new vehicles. The City Council is also being asked to appropriate: • $193,000 to the Fleet Maintenance operating budget for FY 2022-23 for costs associated with fleet management software licensing fees, increased fuel consumption, maintenance and operating costs. • $73,000 to the Police Department’s FY 2022-23 operating budget for the additional costs of maintenance and fuel to retain five existing vehicles Emergency Vehicle Systems LLC has an existing agreement with the city to outfit police vehicles, so the city will not need to solicit and award a new bid for the work, which could also increase the cost and cause further delays. To expedite implementation, the Police Department will keep five police vehicles that are already past their normal life span. The department will also keep some police vehicles that have been in service less than two years for four years longer than had been planned, doubling their useful lives. This will reduce the amount the city must normally set aside each year for replacing police vehicles by $319,000 during the years these vehicles are kept in service. Options The memorandum of understanding with the Carlsbad Police Officers’ Association states that eligible sergeants, corporals and officers will be assigned a designated vehicle to use on each duty shift and to take home, conditioned upon the availability of vehicles. Staff recommend the City Council authorize the purchase to be made in fiscal year 2022-23 because: • The vehicles are to be purchased at the current market rate, which is projected to continue to increase each year • The outfitting costs will also be at the rate in the city’s current contract, which expires March 16, 2024 • Manufacturing supply chains are still recovering from the lingering effects of the COVID- 19 pandemic, and the city is already encountering lengthy delays in receiving orders from vendors. Postponing this purchase would cause even further delays in receiving the orders. While the city could choose to purchase the new vehicles in phases, putting off the purchase will likely result in a greater cost to the city and unpredictable and potentially lengthy delays in getting the vehicles deployed. Fiscal Analysis The City Council is being asked to allocate a total of $2,898,267 to buy and equip these new police vehicles. These one-time costs are to be funded with the General Fund Reserve. Aug. 30, 2022 Item #6 Page 3 of 81 Adding these new cars will require appropriating $193,000 to the Fleet Maintenance FY 2022- 23 operating budget and $73,000 to the Police Department’s FY 2022-23 operating budget for annual ongoing costs. Staff will request the City Council approve allocating these funds as part of the fiscal year-end financial report to be presented to the City Council in September, and those costs will be incorporated into the annual budget process in future years. The $73,000 is the service fee the Fleet & Facilities Division is required to charge the Police Department for the new vehicles to cover the operating costs – parts, repairs, fuel, staff time, etc. – of city vehicles. This money is to come from the General Fund Reserve. Beginning in fiscal year 2023-24, the additional vehicles will result in annual vehicle replacement fund costs of $318,000. However, there is estimated annual savings of $319,000 as a result of extending the average life of vehicles in the fleet. New police vehicles – Costs One-time cost Annual cost 34 vehicles and outfitting $2,380,000 34 M500 in-car video systems, five year-subscription (Motorola) $338,336 Installation of M500 in-car systems (Day Wireless) $159,931 Police protective equipment* $20,000 Annual software licensing fees, fuel, and maintenance of five retained vehicles $5,000 Increase in fuel costs $115,000 Estimated maintenance costs for five retained vehicles $73,000 General Fund Police Department charge for fleet maintenance $73,000 TOTAL $2,898,267 $266,000 *Such as restraints, protective gear, first aid kits, fire extinguishers, flares, blankets and safety tools. New police vehicles – Funding Fund Description Revenues Expenditures Increase / decrease to fund balance General Fund 34 vehicles, outfitting, in-car video systems, equipment and installation (one-time) $2,898,267 -$2,898,267 General Fund Police Department charge for fleet maintenance (on- going) $73,000 -$73,000 Internal Service Fund - Fleet Maintenance Licensing, fuel, and five retained vehicles. Partially reimbursable from General Fund's Police Department budget (on-going) $73,000 $193,000 -$120,000 TOTAL $73,000 $3,164,267 -$3,091,267 Aug. 30, 2022 Item #6 Page 4 of 81 Next Steps If the City Council approves, the Deputy City Manager of Administrative Services will authorize his or her designee to appropriate $2,898,267 to the Police Department’s FY 2022-23 operating budget. The Deputy City Manager of Administrative Services of designee will also appropriate $193,000 to the Public Works Fleet Maintenance Internal Service Fund operating budget and $73,000 to the Police Department’s budget to cover the cost of increased fuel and maintenance fuel during implementation, and ongoing administrative costs. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. It therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council resolution 2.Memorandum of understanding between the City of Carlsbad and the Carlsbad Police Officers’ Association Aug. 30, 2022 Item #6 Page 5 of 81 RESOLUTION NO. 2022-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPROPRIATION OF FUNDS FOR 34 POLICE VEHICLES IN ACCORDANCE WITH THE 2022-24 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION AND AUTHORIZING CONTRACTS FOR OUTFITTING THE VEHICLES AND INSTALLING IN-CAR CAMERA SYSTEMS WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the best interest of the city to authorize the purchase of 34 fully outfitted marked police vehicles in Fiscal Year 2022-23 in the amount of $2,400,000 in accordance with the 2022-24 Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police Officers' Association; and WHEREAS, the cost to purchase the equipment and install the 34 MS00 in-car video systems will be $498,267; and WHEREAS, the Fleet Mainte�ance Internal Service Fund for management software will need to be increased by $5,000 annually; and WHEREAS, the Fleet Maintenance Internal Service Fund for fuel will need to be increased by $115,000 annually; and WHEREAS, the Fleet Maintenance Internal Service Fund of retained police vehicles will need to be increased by $73,000 annually; and WHEREAS, the Police Department's budget for fuel and maintenance will need to be increased by $73,000 annually; and WHEREAS, the In-Car Video Equipment and Installation agreement with Day Wireless Systems will be amended to increase the total contract amount to $442,163; and WHEREAS, the Police Patrol Outfitting agreement with Emergency Vehicle Systems, LLC will be amended to increase the annual not-to-exceed amount by $579,734 for a total amended contract value of not to exceed $2,314,809. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Deputy City Manager of Administrative Services or a designee shall be authorized to appropriate $2,400,000 to the Police Department's Fiscal Year 2022-23 Exhibit 1 Aug. 30, 2022 Item #6 Page 6 of 81 operating budget to purchase and outfit 34 police vehicles and $498,267 for the purchase and installation of the MS00 in-car video system. 3.That the City Manager, or designee, is authorized to purchase the in-car video equipment for the 34 police vehicles from Motorola Solutions in an amount not to exceed $338,336, as reflected in Attachment C. 4.That the City Manager, or designee, is authorized to execute the Amendment to the agreement with Day Wireless Systems for the installation of 34 additional in-car camera systems, increasing the agreement to a total amount not to exceed $442,163, as reflected in Attachment A. 5.That the Mayor is authorized to execute the Amendment to the agreement with Emergency Vehicle Systems, LLC for outfitting the 34 newly purchased police vehicles, increasing the annual not-to-exceed amount by $579,734 for a total amended contract value of not to exceed $2,314,809, for outfitting of these newly purchased police vehicles, as reflected in Attachment B. 6.That the Deputy City Manager of Administrative Services or a designee shall be authorized to appropriate $193,000 to the Public Works Fleet Maintenance Internal Service Fund and $73,000 to the Police Department for the increased fuel and maintenance. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of August, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Acosta, Norby. None. Hall. MATT HALL, Mayor for FAVIOLA M�lerk Servicf;:;;nager (SEAL) Aug. 30, 2022 Item #6 Page 7 of 81 DocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Attachment A AMENDMENT NO. 1 TO AGREEMENT FOR IN-CAR VIDEO EQUIPMENT AND INSTALLATION SERVICES DAY WIRELESS SYSTEMS This Amendment No. 1 is entered into and effective as of the :3,\ 5T day of \A~"\" , 2022, amending the agreement dated July 26, 2022 (the "Agreement") by dbetween the City of Carlsbad, a municipal corporation, ("City"), and Day Wireless Systems, a corporation , ("Contractor") (collectively, the "Parties"). RECITALS A. On July 26, 2022, the Parties executed an agreement for in-car video equipment and installation services; and B. The Parties desire to alter the Agreement's scope of work to add the equipment and installation to 34 additional vehicles; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed four-hundred forty-two thousand one hundred sixty-three dollars and eight cents ($442,163.08). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one hundred fifty-nine thousand nine hundred thirty-one dollars and thirty-three cents ($159,931.33). 3. Time is of the essence for each and every provision of this Agreement. 4 . All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. City Attorney Approved Version 9/27/16 Aug.30,2022 Item #6 Page 8 of 81 DocuSign Envelope ID: DFC9419F-BA9F-4489-9928-60EB4C2C5742 CONTRACTOR By: (sign here) Jessica Jackson secretary (print name/title) By: llJk·~ (sign here) Macke nzie Day coo (print name/title) CITY LSBAD, a municipal corpo the State of California By: ayor or Director ATTEST: FAVl~A (VY City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM : CELIA A. BREWER, City Attorney BY:~ Assistant City Attorney City Attorney Approved Version 9/27/16 2 Aug.30,2022 Item #6 Page 9 of 81 City Attorney Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 10 of 81 Item# Qua111tity Description Rate Amount LG-IN24!46 :MISC HIUIDWA ... 152 lSTA.LLA ... Description 3 Pmto:ram<lli 9-.in-1 5G Dome Blad::.Anl:erm<lli -LG~IiN-:-2446 3 Crndlepo.int Modem IBRl 700, 5'iR etclm.1.d, Essentials, and Ad ;an ed Paokage 3 001 IiN"STAILUmo ·LABoR -:lins:WlCrad!Iepoint Mooem, iPmoram<lll Am:el1D.il. and Motoro. In Car · · id1eo S . tem. (34) \ehides Crndlepoint Modem, Panorama Antenna Hardware. 425.00, 14,450.00 2 2 o,_oo, n ,1so.oo 1 800.00, 61, 00.00 Ins1all C:radlepomt M:odem, Panorama i\lltenna and. Install Motorofa In. ar \!i:deo Systems for (34) \.i'e:hicle,,;;, Subtotal! Taxlotall lotal 15 83,000 7)01~33 159,931.33, DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 11 of 81 DocuSign Envelope ID: 031BE007-1043-4BO8-AB4B-E43F537A5619 ATTACHMENT A AGREEMENT FOR IN-CAR VIDEO EQUIPMENT AND INSTALLATION SERVICES DAY WIRELESS SYSTEMS THIS AGREEMENT is made and entered into as of the :;2 (p--th day of 0 ~ , 2022, by and between the CITY OF CARLSBAD, a municipal corporation~), and Day Wireless Systems, a corporation, ("Contractor"). RECITALS A. City requires the professional services of an in-car video installer that is experienced in in-car video equipment and installation. B. Contractor has the necessary experience in providing professional services and advice related to in-car video equipment and installation. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 12 Months from the date first above written . The City Manager may amend the Agreement to extend it for one additional one-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed and equipment purchased during the initial Agreement term will be two hundred eighty-two thousand two hundred thirty-one dollars and seventy-five cents ($282,231 .75). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount will be negotiated at the time of extension if appropriate. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved' Version 6/12/18 July 26, 2022 Item #2 Page 6 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 12 of 81 DocuSign Envelope ID: 031BE007-1043-4808-AB48-E43F537 A5619 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/1 2/18 July 26, 2022 2 Item #2 Page 7 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 13 of 81 DocuSign Envelope ID: 031 BE007-1043-4BO8-AB4B-E43F 537 A5619 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability {CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim . Coverage must be maintained for a period of five years following the date of completion of the work . 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain , or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability wh ich shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 July 26, 2022 3 Item #2 Page 8 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 14 of 81 DocuSign Envelope ID: 031BE007-1043-48D8-AB4B-E43F537 A5619 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Maria Callander Title IT Director Department IT ---------- City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92108 Phone No. 442.339.2454 For Contractor Name Andy Grimm Title Senior Account Manager Address 8300 Juniper Creek Lane San Diego, CA 92126 Phone No. 858-864-3660 Email agrimm@daywireless.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. Ill Ill Ill City Attorney Approved Version 6/12/18 July 26, 2022 4 Item #2 Page 9 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 15 of 81 DocuSign Envelope ID: 031BE007-1043-48D8-A848-E43FS37AS619 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD Nol:8J 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 July 26, 2022 5 Item #2 Page 10 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 16 of 81 OocuSign Envelope ID: 031BE007-1043-48O8-AB48-E43F537A5619 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person , other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld . 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 July 26, 2022 6 Item #2 Page 11 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 17 of 81 DocuSign Envelope ID; 031 BE007-1 043-48O8-AB48-E43F 537 A5619 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: llJL:·~ (sign here) Mackenzie Day/ Chief Operating Officer (print name/title) By: (sign here) Jessica Day / Secretary (print name/title) Cl co By: ATTEST: RLSBAD, a municipal of the State of California f!fL ~AVIOLA MEDINA City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: {jv.,j,(t; k.. ~ Assistant City Attorney July 26, 2022 City Attorney Approved Version 6/12/18 7 Item #2 Page 12 of 14 Date 05/24/2022 Quotation#QO24475 Bill To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States Ship To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States 2001-San Diego 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Expires 08/31/2022 Terms NET 30-GOV Representative Andrew Grimm Direct Phone (858) 864-3660 E-Mail agrimm@daywireless.com Office Phone (858) 537-0709 Customer Contact Javier Ruiz Contact Phone (760) 931-2176 Project Name 60 Units Cradlepoint In Car ... Item# LG-IN2446 MISC HARDWA... 2152 INSTALLA... Description Quantity 60 60 60 Description Panorama 9-in-1 5G Dome Black Antenna - LG-IN2446 Cradlepoint Modem IBR1700, 5YR Netcloud, Essentials and Advanced Package 2001 INSTALLATION LABOR - Install Cradlepoint Modem, Panorama Antenna and Motorola In Car Video System. (60) Vehicles Cradlepoint Modem, Panorama Antenna Hardware. Install Cradlepoint Modem, Panorama Antenna and Install Motorola In Car Video Systems for (60) Vehicles. Rate 425.00 2,270.00 1,800.00 Amount 25,500.00 136,200.00 108,000.00 Subtotal Tax Total Total 269,700.00 12,531.75 $282,231.75 _______________________________________________________________________ LEGAL NAME OF PURCHASER P.O. NUMBER _______________________________________________________________________ AUTHORIZED SIGNATURE DATE ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW TAXES, SHIPPING CHARGES AND FEES ARE ESTIMATES AND WILL BE DETERMINED AT TIME OF SALE THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY * Please reference Quotation # on correspondence and purchase orders. Prices firm for 30 days unless otherwise stated * * $25 NSF Charge - 20% Restocking Fee - 1.5% Late Fee * EXHIBIT "A"DocuSign Envelope ID: 031BE007-1043-4BD8-AB4B-E43F537A5619 July 26, 2022 Item #2 Page 13 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 18 of 81 ,1,, DAY i WIRELESS SYSTEMS Date 06/10/2022 Quotation#QO28627 Bill To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States Ship To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States 2001-San Diego 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Expires 09/15/2022 Terms NET 30-GOV Representative Andrew Grimm Direct Phone (858) 864-3660 E-Mail agrimm@daywireless.com Office Phone (858) 537-0709 Customer Contact Javier Ruiz Contact Phone (760) 931-2176 Project Name 34 Units Cradlepoint In Car ... Item# LG-IN2446 MISC HARDWA... 2152 INSTALLA... Description Quantity 34 34 34 Description Panorama 9-in-1 5G Dome Black Antenna - LG-IN2446 Cradlepoint Modem IBR1700, 5YR Netcloud, Essentials and Advanced Package 2001 INSTALLATION LABOR - Install Cradlepoint Modem, Panorama Antenna and Motorola In Car Video System. (34) Vehicles Cradlepoint Modem, Panorama Antenna Hardware. Install Cradlepoint Modem, Panorama Antenna and Install Motorola In Car Video Systems for (34) Vehicles. Rate 425.00 2,270.00 1,800.00 Amount 14,450.00 77,180.00 61,200.00 Subtotal Tax Total Total 152,830.00 7,101.33 $159,931.33 _________________________________________________ ______________________ LEGAL NAME OF PURCHASER P.O. NUMBER _________________________________________________ ______________________ AUTHORIZED SIGNATURE DATE ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW TAXES, SHIPPING CHARGES AND FEES ARE ESTIMATES AND WILL BE DETERMINED AT TIME OF SALE THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY * Please reference Quotation # on correspondence and purchase orders. Prices firm for 30 days unless otherwise stated * * $25 NSF Charge - 20% Restocking Fee - 1.5% Late Fee * DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 19 of 81 ,1,, DAY i WIRELESS SYSTEMS PSA21-1414FLT City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 2 TO AGREEMENT FOR MULTI-YEAR POLLICE PATROL OUTFITTING EMERGENCY VEHICLE SYSTEMS, LLC This Amendment No. 2 is entered into and effective as of the ______ day of____________, 2022, amending the agreement dated March 16, 2021 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Emergency Vehicle Systems, LLC., a California limited liability company, (“Contractor") (collectively, the “Parties”) for fabrication and outfitting of City of Carlsbad police vehicles. RECITALS A.On March 14, 2022, the Parties executed Amendment No.1 to the Agreement to amend and extend the Agreement; and B.The Parties desire to alter the Agreement’s scope of work to allow for the outfitting of up to an additional thirty-four (34) police patrol vehicles during the current, and subsequent final Agreement year, should the Agreement be extended. C.The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the current year total annual Agreement amount shall not exceed nine hundred fifty-eight thousand four hundred fifty-seven dollars and ninety-six cents. ($958,457.96). 2.City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed five hundred seventy-two thousand one hundred fifty-nine dollars and forty-eight cents ($572,159.48). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3.Contractor will complete all work described in Exhibit “A” by March 15, 2023. 4.All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5.All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6.The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Attachment B Aug. 30, 2022 Item #6 Page 20 of 81 PSA21-1414FLT City Attorney Approved Version 9/27/16 2 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California EMERGENCY VEHICLE SYSTEMS, LLC, a California limited liability company By: By: (sign here) Matt Hall, Mayor Danielle Sickels, Member (print name/title) ATTEST: By: (sign here) for Faviola Medina, Evan Sickels, Member City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 21 of 81 PSA21-1414FLT City Attorney Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Contractor shall fabricate and outfit police patrol vehicles in accordance with the current contract requirements for an additional thirty-four (34) police patrol vehicles. Contractor’s compensation for fabrication and outfitting of each patrol vehicle shall be $16,828.22 per vehicle. RFP21- 1231FLT SERVICE DESCRIPTION QUANTITY UNIT BASE YEAR ($) TOTAL PRICE ($) Police Patrol Exhibit “A” Item 2 LABOR 1 EA $3,621 $16,828.22 PARTS 1 EA $13,207.22 Initial (year 1) contract Amount not-to-exceed $378,724 Current (year 2) not-to-exceed annual contract amount $386,298.48 Current (year 2) fee for fabrication and outfitting of up to an additional 34 patrol vehicles - $572,159.48 Revised current (year 2) not-to-exceed annual contract amount $958,457.96 Optional (year 3) not-to-exceed annual contract amount $977,627.12 The total compensation allowed under the Amended Agreement shall not exceed two million three hundred fourteen thousand eight hundred eight dollars and twenty-four cents ($2,314,808,24). DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 22 of 81 1/31/2022 Business & Contractors Insurance Services, Inc. 1941 Friendship Dr Suite F El Cajon CA 92020 Gina Galvas (619)592-4440 (619)592-4449 Gina@bcisinc.net Emergency Vehicle Systems 1493 N Cuyamaca Street El Cajon CA 92020 StarStone Specialty Ins Co 44776 Mesa Underwriters Specialty Insurance Company36838 CL2213116550 A X L72011220ALI 1/14/2022 1/14/2023 1,000,000 1,000,000 B GARAGE LIABILITY X MP0042018003447 1/14/2022 1/14/2023 3Mil AGG / 1MIL EACH ACCIDENT DED 1,000 GARAGEKEEPERS/PREMISES INCLUDED Certificate Holder has been named as Additional Insured per written contract. RE: Various Locations. *Endorsement is attached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta, CA 92564 support@exigis.com Gina Galvas/JMR The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 23 of 81 ACORD® I ~ l ..__ D □ ..__ ..__ R □ □ --- -'--- -- ..__ H I I I T I □ I DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 24 of 81 POLICY NUMBER: MP0042018003447 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 01;14;2022 12:01 AM Countersigned By: Named Insured: EMERGENCY VEHICLE SERVICES <Authorized Reoresentative) SCHEDULE Name of Person(s) or Organization(s): CITY OF CARLSBAD/CMWD clo EXIGIS INSURANCE COMPLIANCE SERVICES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 □ CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, , am the [insert name] [title] of . I hereby certify that [name of company][name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] then workers’ compensation and employers’ liability insurance will be obtained. [Name] [Title and name of company or corporation] Evan Sickels Owner Emergency Vehicle Systems Emergency Vehicle Systems Emergency Vehicle Systems Owner of Emergency Vehicle Systems DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 25 of 81 Rev 10/4/17 Agreement/Amendment/Ratification Cover Sheet Return docs to: Contact Name: Janean Hawney Dept: PW – Contract Admin Phone: 442-339-2795 Project Manager MUST provide the following information: Agreement Type (check one) ☐Original Agreement ☒Amendment No. 2 $572,159.48 ☒ Other Click here to enter text. Type: ratification, extension, etc. Original Agreement Data Amendment # / Dollar Amount / Length Date of original agreement 03/16/21 No. 1 / $386,298.48 / 1 year Term of original agreement 1 year No. Click here to enter text. Dollar amount of original agreement $378,724 No. Click here to enter text. Current expiration date of agreement 03/15/2022 No. Click here to enter text. Person with authority to renew City Manager No. Click here to enter text. Number of allowable extensions 2 No. Click here to enter text. Length of allowable extensions 1 year No. Click here to enter text. Agreement Requirements (check all items received) ☒Proper Signature(s)☒Certificates of Insurance ☒Endorsements to Policy ☐Notarization (if applicable)☒Exhibits (if applicable)☒Justification - over 35,000 ☒Business License 09/30/22 ☐Corporate Resolution ☐Bonds ☒Original Agreement and previous amendments ☐Agreement Summary Sheet (if applicable) ☐Vendor EFT Form ☐Other Purchase Requisition Information: Agreement Number: PSA21-1414FLTClick here to enter text. Inspection by CM&I? No Purchase Requisition No.: RClick here to enter text. Purchase Order No. associated with original agreement, ext and/or amendments: Multiple PO: P139743, P139771, P139772, P139773, P139774, P139777, P139778, P139779, P139780, P139782, P139783, P139789, P139790, P139791, P139792, P139793 City Project Manager: Bradley Northup Dept: PW-FLT Phone: 760-473-1267 Contractor: Emergency Vehicle Systems Contact: Evan Sickels Email: esickels@hotmail.com Contractor must file Statement of Economic Interest? No List all individuals who must file: N/A Previously contracted w/Contractor? ☒Yes ☐No Agreement/Contract Title: Multi-Year Police Patrol Outfitting Account Number: 621-5461-9010 Funding has been verified? ☒ PW Contract Type: ☐Standard Public Works ☐Minor Public Works ☐Open Market ☐Letter of Agreement Non-PW Contracts over $35,000: ☒Yes ☐No # of Proposals Received Click here to enter text. (ATTACH JUSTIFICATION) Council (Board) Action Required? ☒ Yes ☐ No Proposed Meeting Date: July 26, 2022 ROUTED TO INITIALS DATE RECEIVED DATE FORWARDED ☒Department Contact JH/AL 6/30/22 DS 7/6/22 ☒Department Head ☒Risk Manager ☒City Attorney/General Counsel ☒≤ $40,000 (or $60,000 for MPW) DCM-PW / Director ☐$40,000-$100,000 ACM / Authorized Signatory ☒> $100,000 Mayor / City Manager / Executive Manager ☒City Clerk / Board Secretary ☒Department Contact PO Requested: DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 7/6/2022 7/6/2022 7/21/2022 7/21/2022 7/21/20227/21/2022 7/21/2022 7/21/2022 7/21/2022 Aug. 30, 2022 Item #6 Page 26 of 81 Rev 10/4/17 Click here to enter text. Comments: Click here to enter text. Contract Admin: Please send a copy of all correspondence to the following email address: N/A Thank you! DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 27 of 81 •MOTOROLA SOLUTIONS QUOTE-1784298 The design, technical, pricing, and other information ("Information") furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote ("Motorola") and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. Attachment C Aug. 30, 2022 Item #6 Page 28 of 81 . . . •MOTOROL.A SOLUTIONS Billing Address: Carlsbad PD - B 2560 ORION STREET CARLSBAD, CA 92010 us Summary: Shipping Address: Carlsbad PD - B 2560 ORION STREET CARLSBAD, CA 92010 us QUOTE-1784298 Quote Date:06/10/2022 Expiration Date:09/08/2022 Quote Created By: Timothy Culberson CES Tim.Culberson@ motorolasolutions.com 469-525-9928 End Customer: CARLSBAD POLICE DEPARTMENT Payment Terms:30 NET Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line# Item Number Description Qty Term Sale Price Ext. Sale Price 1 2 3 4 5 6 7 Video as a Service MS-M5-5YR-001 M500 IN-CAR VIDEO SY STEM 34 5YEAR $8,940.00 $303,960.00 AND COMMAND CENTRAL EVIDENCE - 5 YEARS VIDEO- AS-A-SERVICE ($165 PER MON)* SSV00S03094A COMMANDCENTRAL 34 5YEAR Included Included EVIDENCE PLUS SUBSCRIPTION VMS* SSV00S03096A COMMANDCENTRAL 34 5YEAR Included Included EVIDENCE UNLIMITED IN CAR STORAGE VMS* IV-M5-FC-PC-TM VIDEO EQUIPMENT,M500 IN-34 Included Included CAR SYSTEM FRONT/ PASSENGER CAM* WAR-M500-CAR-2Y M500 EXTENDED WARRANTY 34 5YEAR Included Included IV-ACK-WF-C--DM MIKROTIK CONF WIFI KIT, 34 Included Included DRILL MNT HDW-ETH-SPS-M5 SMART POE SWITCH (SPS), 34 $0.00 $0.00 M500 Any sales transaction following Motorola"s quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Unde�ying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States -60661 -#: 36-1115800 Page2 Aug. 30, 2022 Item #6 Page 29 of 81 •MOTOROL.A SOLUTIONS QUOTE-1784298 Line# Item Number Description Qty Term Sale Price Ext. Sale Price 8 VIS-SPS-WIF-KIT VISTA HD, SPS KIT, INC PWR 34 &ANT CBL 9 IV-ACK-AU-HF-MB HI-Fl MIC BUND KIT V.2, 34 BRACKETS Vigilant 10 DDN3420A BASIC REMOTE SUPPORT 1 FOR WG LPR LICENSE 11 DDN3421A M500 BASIC ALPR VMS 34 Subtotal Estimated Tax Grand Total Pricing Summary Sale Price Prorated Price Upfront Costs for Hardware, Accessories and Implementation $78,836.00 $0.00 (if applicable), plus Subscription Fee Year 2 Subscription Fee $60,792.00 $0.00 Year 3 Subscription Fee $60,792.00 $0.00 Year 4 Subscription Fee $60,792.00 $0.00 Year 5 Subscription Fee $60,792.00 $0.00 Grand Total System Price $322,004.00 $0.00 Notes: •Additional information is required for one or more items on the quote for an order. •Unless otherwise noted in this quote / order, installation of equipment is not included. •Please refer to the ALPR Solution Attachment for further details Included Included Included Included $500.00 $500.00 $516.00 $17,544.00 $322,004.00 $16,331.73 $338,335. 73(USD) Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Unde�ying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States -60661 -#: 36-1115800 Page 3 Aug. 30, 2022 Item #6 Page 30 of 81 i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS’ ASSOCIATION Term: January 1, 2022 - December 31, 2024 TABLE OF CONTENTS Preamble Page 1 Article 1 Implementation Page 1 Article 2 Term and Renegotiation Page 1 Article 3 Retention of Benefits Page 1 Article 4 Authorized Agents Page 2 Article 5 Recognition Page 2 Article 6 Savings Clause Page 2 Article 7 Nondiscrimination Clause Page 2 Article 8 Compensation Adjustments Page 3 Article 9 Management Rights Page 3 Article 10 Grievance Procedure Page 4 Article 11 Stand-By Page 9 Article 12 Bilingual Pay Page 9 Article 13 Basic Work Week/Work Day Page 10 Article 14 Court and Hearings Page 12 Article 15 Sick Leave/Bereavement Leave Page 13 Article 16 Association Rights Page 14 Article 17 Overtime Page 17 Article 18 Call Back Page 18 Article 19 Seniority Page 19 Article 20 Legal Representation Page 20 Article 21 Peaceful Performance of City Services Page 20 Article 22 Discipline of an Employee Page 21 Article 23 Probationary Period Page 23 Article 24 Retirement Benefits Page 23 Article 25 Flexible Benefits Program Page 24 Article 26 Uniform Reimbursement Page 26 Article 27 Educational Incentive Page 26 Article 28 Field Training Officer Page 28 Article 29 Vehicles Page 28 Article 30 Short-Term and Long-Term Disability Page 28 Article 31 Leave of Absence Page 29 Article 32 Disability Retirement Page 31 Article 33 Vacation Page 31 Article 34 Holidays Page 34 Article 35 Salary/Anniversary Date on Promotion Page 35 Article 36 Alcohol and Drug Policy Page 35 Article 37 Employer Searches Page 43 Article 38 Flexible Job Sharing Page 44 Article 39 Deferred Compensation Loan Provision Page 44 Exhibit 2 Aug. 30, 2022 Item #6 Page 31 of 81 ii Article 40 Life/Accidental Death & Dismemberment Insurance and Voluntary Benefits Page 44 Article 41 Re-opener Page 44 Article 42 Acting Pay Page 45 Article 43 Flexible Classifications Page 46 Article 44 Jury Duty Page 46 Article 45 Shift Differential Page 47 Article 46 Special Study Page 47 Article 47 Paid Family Leave Page 47 Article 48 SWAT Hazard Pay Page 47 Aug. 30, 2022 Item #6 Page 32 of 81 1 MEMORANDUM OF UNDERSTANDING This memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the “city”) and the designated representatives of the Carlsbad Police Officers’ Association (hereinafter referred to as “CPOA”). PREAMBLE It is the purpose of the Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation and understanding between the city management representatives and the local safety police employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. It is agreed that the city will act in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and those of the Police Department necessary to implement this Memorandum. ARTICLE 2. TERM AND RENEGOTIATION 2.1 The term of this Memorandum shall commence on January 1, 2022, and shall continue until December 31, 2024. 2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals. The parties will hold the first meeting in July 2024. ARTICLE 3. RETENTION OF BENEFITS Existing benefits contained in this Memorandum shall not be changed during the term of this agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this Memorandum which fall within the scope of representation shall not be changed by the city without advance notice and an opportunity to meet and confer regarding such change. The parties recognize and accept the concept of past practices as to matters within the scope of representation and agree to meet and confer regarding a proposed change in any such practices. The city shall not propose any such changes unless required to do so for operational or organizational reasons. Aug. 30, 2022 Item #6 Page 33 of 81 2 Notwithstanding the foregoing, during the term of this agreement, neither party will compel the other to meet and confer over any mandatory subject of bargaining. ARTICLE 4. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum: 4.1 City’s principal authorized agent shall be the City Manager or a duly authorized representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-2821] except where a particular representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. Throughout this document, any reference to the Police Chief or designee is understood to mean authorization from the City Manager who delegates authority to the Police Chief or designee to implement the provisions of this document. 4.2 CPOA’s principal authorized agent shall be its President or duly authorized representative [Address: 300 Carlsbad Village Dr Suite 108A #191, Carlsbad, California 92008; Telephone: (760) 683-8765] and Bobbitt Pinckard & Fields, [Address: 8388 Vickers St. San Diego, California 92111-2109; Telephone (858) 467-1199]. ARTICLE 5. RECOGNITION The city recognizes CPOA as the majority representation of the bargaining unit that includes the classifications as listed in the attached salary schedule. ARTICLE 6. SAVINGS CLAUSE 6.1 If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. 6.2 In the event of invalidation of any article or section, the extinguished benefit shall be replaced by a substitute benefit of comparable value. The city and the Association shall meet within 30 days following the invalidation for the purpose of determining the specific nature and form of the replacement benefit. ARTICLE 7. NONDISCRIMINATION CLAUSE Neither city nor CPOA shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CPOA activity or because of the exercise of any right provided to the employees by this Memorandum. Aug. 30, 2022 Item #6 Page 34 of 81 3 ARTICLE 8. COMPENSATION ADJUSTMENTS Effective January 1, 2022, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal & Police Recruit 4.0% Police Sergeant 3.8% All other classifications Effective upon the first full pay period after ratification of this MOU, employees in these classifications will also receive a non-persable stipend equal to 0.5% of an employee’s annual salary as of Jan. 1, 2022. 2.0% Effective January 1, 2023, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal & Police Recruit 4.0% Police Sergeant 3.6% All other classifications 2.0% Effective January 1, 2024, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal & Police Recruit 4.0% Police Sergeant 3.6% All other classifications 2.0% ARTICLE 9. MANAGEMENT RIGHTS The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its major service areas, departments, commissions, and boards; to set standards of service; to determine procedures and standards of selection for employment and promotion; to direct its employees; to take disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to transfer employees among various department activities and work groups; to maintain the efficiency of city operations; to determine the methods, means and personnel by which city operations are to be conducted; to determine the contents of job classifications; to take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion over its organization and the technology for performing its work. Nothing in this Memorandum shall require the city to meet and confer over the exercise of its management rights, however, in so doing, the city shall comply with all applicable provisions of this Memorandum. Aug. 30, 2022 Item #6 Page 35 of 81 4 ARTICLE 10. GRIEVANCE PROCEDURE 10.1 Purpose. The purpose and objectives of the grievance procedure are: 10.1.1 To promote improved employer-employee relations by establishing grievance procedures on matters for which an appeal or hearing is not provided by other regulations. 10.1.2 To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors, and management. 10.1.3 To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. 10.1.4 To provide that appeals shall be conducted as informally as possible. 10.1.5 To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. 10.1.6 This grievance procedure is applicable to all employee classifications represented by the CPOA in the Police Department of the City of Carlsbad. 10.2 Definitions. For the purpose of this grievance procedure the following definitions shall apply. 10.2.1 City Manager: The City Manager. 10.2.2 Assistant City Manager: An Assistant City Manager. 10.2.3 Department: An office, department, or institution of the city. 10.2.4 Department Head or Head of a Department: The chief executive officer of a department. 10.2.5 Employee or City Employee: Any officer or employee of the city, except an elected official. 10.2.6 Employee Representative: An individual who appears on behalf of the employee. Aug. 30, 2022 Item #6 Page 36 of 81 5 10.2.7 Grievance: A complaint of an employee or a group of employees arising out of an application or interpretation of existing rules, regulations, or policies which come under the control of a Department Head. 10.2.8 Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. 10.2.9 Interested Party: An individual having pertinent and/or immediate knowledge of the circumstances out of which the grievance arose. 10.2.10 Supervisor: The individual to whom an immediate supervisor reports. 10.3 Reviewable and Non-Reviewable Grievances 10.3.1 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters over which the head of the department has control. (c) Arise out of a specific situation, act, or acts considered to be unfair which result in inequity or damage to the employee. (d) Arise out of an interpretation and application of the Memorandum or Personnel Rules and Regulations. 10.3.2 A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 22 hereunder), such as: (1) Applications for changes in title, job classification, or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals from work performance evaluations. Aug. 30, 2022 Item #6 Page 37 of 81 6 10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 10.4.1 Procedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 10.5 of this procedure. 10.4.2 Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the grievance. 10.4.3 Prescribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose. 10.4.4 Statement of Grievance: The grievance shall contain a statement of: (a) The specific situation, act, or acts considered to be unfair and the reasons why. (b) The inequity or damage suffered by the employee. (c) The relief sought. 10.4.5 Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless the person so desires. 10.4.6 Interested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. 10.4.7 Handled During Working Hours: Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. 10.4.8 Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 10.4.9 Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. Aug. 30, 2022 Item #6 Page 38 of 81 7 10.4.10 Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed time. 10.4.11 Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 10.5 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 10.5.1 Discussion With Supervisor: The employee shall discuss the grievance with the employee’s immediate supervisor informally. Within seven calendar days, the supervisor shall give a decision to the employee verbally. 10.5.2 Step 1: If the employee and the supervisor cannot reach an agreement to resolve the grievance, the employee may within seven calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven calendar days. The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is a Police Captain. 10.5.3 Step 2: If the employee and the next-level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven calendar days present the grievance in writing to the Police Chief. The Police Chief shall hear the grievance and shall give the written decision to the employee within seven calendar days after receiving the grievance. 10.5.4 Step 3: If the employee and Police Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven calendar days, to have the grievance heard by a Hearing Officer via the process described in Section 10.5.7. The Human Resources Director shall present a copy of the grievance to the Assistant City Manager who may conduct a meeting with the grievant and/or CPOA representatives Aug. 30, 2022 Item #6 Page 39 of 81 8 to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer. 10.5.5 Step 4: If the matter is not otherwise resolved, the Hearing Officer shall, within 30 calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within 14 calendar days after receipt of the advisory opinion, notify the employee of the final action. 10.5.6 Any of the above steps may be waived by mutual agreement of the parties. 10.5.7 Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five mutually acceptable hearing officers. If the parties cannot mutually agree on the identity of the hearing officer from this permanent list, they will alternately strike names from the list of five using a strikeout procedure. The party striking the first name will be determined by lot. If a permanent list of five mutually acceptable hearing officers cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list of seven hearing officers provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the identity of the hearing officer they will alternately strike names from the list of seven using a strikeout procedure. The party striking the first name will be determined by lot. All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription costs, if any, will be shared equally between the city and the Carlsbad Police Officers’ Association. In the case that the Carlsbad Police Officers’ Association does not support the grievance continuing to the advisory hearing by a Hearing Officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription costs, if any, will be shared equally between the city and the employee. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. Aug. 30, 2022 Item #6 Page 40 of 81 ---- 9 ARTICLE 11. STAND-BY 11.1 Due to staff limitations, it may be necessary for the Police Chief to schedule employees to be on stand-by to handle overtime work which may arise during other than the employee’s normal working hours. (a) Incident Stand-by is defined as time in which an employee (a duty detective, detective sergeant or duty traffic investigator) is required, by the Police Chief or designee, to remain at a place where the employee can reasonably expect to respond and arrive at the Carlsbad Police Department within one hour. Employees are expected to respond in a safe and expeditious manner taking only the time necessary to arrive at the Carlsbad Police Department or other designated location. Response delays caused by traffic conditions or other factors beyond the employee’s control will not be considered a failure to respond within the requirements of this article. (b) Staffing Stand-by is defined as time in which an employee (generally the assigned communications operator) is required, by the Police Chief or designee, to remain available to respond to the Carlsbad Police Department. 11.2 Contact Responsibility: An employee assigned to stand-by shall maintain current contact information, either telephone number and/or cell phone number, with the communications center. The employee assigned to stand-by shall be immediately available at the number(s) provided. 11.3 Compensation: Effective Jan. 1, 2022, an employee will be compensated for stand-by time at the rate of $35 per 24 hours or fraction thereof. Employees on stand-by, called to perform work, will be compensated for all actual hours worked in accordance with overtime and call-back rules. 11.4 General Call Out: Certain special assignments, such as canine, investigations, field evidence technicians and traffic are expected to respond to call-outs if they are available but unless they are assigned to stand-by they are not required to maintain an available status. 11.5 Sick Notification: If any employee is unable to fulfill any portion of their stand-by assignment due to illness or other emergency, it is the employee’s responsibility to notify their supervisor as soon as possible so that an alternate may be assigned. ARTICLE 12. BILINGUAL PAY Effective Jan. 1, 2022, the city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. Aug. 30, 2022 Item #6 Page 41 of 81 10 In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined and paid for by the city in the foreign language or American Sign Language (ASL). Bilingual proficiency testing will occur during the employee’s regular work shift. In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. This Article shall not be subject to the grievance procedure. ARTICLE 13. BASIC WORK WEEK/WORK DAY 13.1 The official workweek for non-sworn employees who work a 9/80 schedule begins four hours after the regularly scheduled starting time for their Friday shift and ends 168 hours later (at four hours after the regularly scheduled starting time for their Friday shift). 13.2 The official workweek for non-sworn employees working any schedule other than a 9/80 schedule begins on Sunday at 12:00 a.m. and ends on the following Sunday at 12:00 a.m. 13.3 In accordance with section 7(k) of the Fair Labor Standards Act (FLSA), the official work period for sworn employees begins on Sunday at 12:00 a.m. and ends 14 days later at 12:00 a.m. Overtime shall be compensated in the manner prescribed by Article 17 of this Memorandum. 13.4 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours worked in the pay period. For employees who are not covered by the 7(k) exemption contained in Article 13.3 of the Memorandum, hours worked in excess of 40 in a workweek will be compensated in accordance with Article 17 of the Memorandum. 13.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general, unit members assigned to patrol and dispatch shall work a 3/12 schedule. 13.6 Unit members assigned to motors shall be provided one hour of paid leave (at straight time) each regularly scheduled work day for care and maintenance of the motor. 13.7 Unit members assigned as canine handlers shall work a weekly 3/12+4 schedule consisting of three work days of twelve consecutive work hours plus one additional shift consisting of four consecutive work hours per week. Unit members assigned as canine handlers shall also be paid four hours of overtime each work week for care and maintenance of the canine. 13.8 Deployments shall be six months in length and shifts shall be bid one month in advance according to seniority. Aug. 30, 2022 Item #6 Page 42 of 81 11 13.9 Patrol employees (police officers assigned to patrol, canine, traffic, community policing and community service officers assigned to patrol and traffic) will be given two fifteen- minute rest periods and one half-hour lunch break each workday without loss of pay. 13.10 Communications Operators/Supervisors – The Police Communication Center is a fluid and ever changing environment and flexibility is paramount to efficient operations. To achieve effective operations and meet changing needs in activity and staffing levels, communication operators/supervisors are expected to remain flexible in their schedule in regard to rest periods and meal breaks. The following break policy for communication operators/supervisors is intended to balance the need for employee break time and the need for operational flexibility. During the life of this agreement and to the extent this agreement complies with state law, the provisions of (a) and (b) below shall be in effect: (a) Breaks – Communications operators/supervisors are entitled to two 15 minute rest periods and one 30 minute lunch break each workday without loss of pay. Due to the unique needs of a 911 center, there may be times when communications operators/supervisors will have to adjust break times or work through their breaks. At an employee’s request and with supervisor approval, the break periods may be combined into a one hour compensated break. (b) Availability – Communications operators/supervisors are expected to be available to resume their duties during their break time and, therefore, are compensated for their breaks. When staffing and activity levels permit, communication operators/supervisors are allowed to leave the premises. When on a break communications operators/supervisors are subject to recall via cell phone, pager, and/or police radio and will remain within a 15 minute recall response to the Communications Center. Activities that may interfere with a communications operator/supervisor’s ability to return to the Communications Center within 15 minutes should not be conducted during break time but should be accommodated with other leave time such as comp. time or vacation time. 13.11 Effective the first day of the first full pay period following ratification of this MOU, with the understanding that the needs of the department will sometimes require short notice, reasonable efforts will be made to notify employees regarding a change to their regularly assigned work schedule with as much advance notice as reasonably possible. If the department does not provide 7 calendar days’ notice prior to the change to a regularly assigned work schedule, and the employee does not choose to waive the notification guideline, the employee shall be paid at 1.5 times their base pay rate for the first shift worked on the new regularly assigned schedule. Notwithstanding the above, this section does not modify the rights of the department to require personnel to work a specific shift or assignment, or the responsibility of the employee to comply with such an order. This provision is intended to provide affected employees with prior notice of a regularly assigned work schedule change and to compensate those who may not receive such notice. Aug. 30, 2022 Item #6 Page 43 of 81 12 ARTICLE 14. COURT AND HEARINGS 14.1 Compensation: Off duty personnel who appear in court or at a hearing pursuant to an official request from a legally constituted body regarding matters arising out of, or associated with, their employment shall be compensated at a minimum of four hours per day of overtime compensation. Actual time spent in court over the four hour minimum on the same day is compensable overtime. 14.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing appearance is contiguous with the commencement or end of the employee’s regularly scheduled work shift. In that situation, the employee shall receive overtime compensation at the following rate. Any subpoena received with an appearance time of two hours prior to the commencement of the employee’s work shift will receive two hours of overtime compensation. Any subpoena received with an appearance time of one hour prior to the commencement of the employee’s work shift will receive one hour of overtime compensation. Officers who receive subpoenas for separate cases on the same day that overlap minimum hour designations are entitled to contiguous time as opposed to separate three/four hour minimums. 14.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held over during the normal lunch break for further appearance after lunch, they shall be entitled to credit for the lunch break as time worked. 14.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee transportation. Mileage expenses will not be paid for appearances in court or at a hearing when the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for mileage expenses to and from the court or hearing location, or the round trip distance between the court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled “Travel Policy” with an effective date of 12/14/99, including any subsequent changes to this policy. 14.5 Phone Testimony: When off duty personnel provide court or hearing testimony via telephone, the employee shall be compensated for the actual time of the telephone testimony or a minimum of one hour of overtime compensation, which ever is greater. 14.6 District Attorney Conversation: When off duty personnel receive calls from District Attorney personnel regarding criminal cases, employees will receive no compensation for conversations lasting less than 10 minutes. Employees will receive overtime Aug. 30, 2022 Item #6 Page 44 of 81 13 compensation for the actual time of the conversation or a minimum of one hour, whichever is greater, for conversations lasting 10 minutes or longer. Employees receiving multiple calls within the same one hour period shall only receive one hour compensation. 14.7 When a district attorney (DA) representative places an employee in an “on-call” or “stand-by” status, the employee shall be compensated in accordance with Article 11- Stand-by. ARTICLE 15. SICK LEAVE/BEREAVEMENT LEAVE For the purpose of this section, the term “family member” shall be defined as a spouse, domestic partner, child, grandchild, member of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. Sick leave can be used in 15 minute increments. 15.1 Every CPOA-represented employee will accrue sick leave on a daily basis at the rate of 16 minutes for each continuous calendar day of service. 15.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out when an employee’s employment with the city ends. 15.3 Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes: 1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (e.g., to recuperate from or receive treatment for personal injuries or illnesses, to care for an injured or ill family member or to attend medical, dental or optometry appointments). 2. If the employee is a victim of domestic violence, sexual assault, or stalking, for the purposes described in California Labor Code Sections 230(c) and 230.1(a), including obtaining relief (e.g., a restraining order), domestic violence services, or medical or mental health treatment. 15.4 The employee may request to use paid sick leave either orally or in writing. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Aug. 30, 2022 Item #6 Page 45 of 81 14 If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated. 15.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as provided for in this article. The employee must account for all sick leave hours requested via the city’s timekeeping system. 15.6 Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws. 15.7 Time off to take a physical examination for induction into or recall to active duty with the Armed Forces will be handled in accordance with applicable state and federal law. 15.8 An employee making a blood donation without charge will be given reasonable time off for that purpose. No charge will be made against the employee’s sick leave or vacation when the absence is approved in advance by the employee’s supervisor. 15.9 During the first pay period of each fiscal year, any regular employee who has accrued and maintains a minimum of 160 hours of sick leave will be permitted to convert up to 120 hours of accrued, unused sick leave to vacation at ratio of 24 hours of sick leave to eight hours of vacation. However, an employee will not be permitted to convert sick leave to vacation if the conversion would cause the employee to exceed the vacation accrual maximum. 15.10 Any regular employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965. 15.11 In the event of the death of an employee’s family member, the employee may take the equivalent of up to three shifts of paid time off for bereavement. Bereavement leave must be taken within one year of the event. Additional time off may be authorized by the Police Chief or designee and charged to any accrued leave or, when no accrued leave is available, treated as leave without pay. The employee may be required to submit proof of the family member’s death. ARTICLE 16. ASSOCIATION RIGHTS 16.1 The city recognizes the right of the CPOA to govern its internal affairs. 16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers’ Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code. Aug. 30, 2022 Item #6 Page 46 of 81 15 16.3 The CPOA will provide the city with information regarding the amount of dues deductions and the list of CPOA member employees who have affirmatively consented to or authorized dues deductions. The city shall deduct CPOA membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the bi-weekly pay of each member employee and remit the deducted dues to the CPOA as soon as possible after the deduction. The city agrees to direct each member employee to CPOA with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law. CPOA is responsible for providing the city with timely information regarding changes to member employees’ dues and any other lawful union- related payroll deduction. The city shall make payroll deductions in reliance on the Union’s certification certifying that CPOA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay CPOA membership dues. The CPOA is responsible for providing the city with timely information regarding changes to member employee’s dues and any other lawful union-related payroll deduction. The city shall continue to withhold such deductions and shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by CPOA. The city shall not request CPOA to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization. The effective date of withholding, time of remitting withholdings to the CPOA, and all procedural matters shall be determined in accordance with the Rules and Regulations of the city. Any dispute concerning the amount of the dues deductions is not subject to the grievance procedures contained in a comprehensive MOU between the Parties. CPOA will indemnify, defend, and hold harmless City, its officials, representatives, and agents from and against any liability arising from any claims, demands, or other action relating to City's compliance with this Article including any claims made by any member employees for any deduction cancellation or modification the city made in reliance on the information provided by the CPOA. 16.4 The CPOA shall provide and maintain with the city a current list of the names and all authorized representatives of the CPOA. An authorized representative shall not enter any work location without the consent of the Police Chief or designee. The Police Chief or designee shall have the right to make arrangements for a contact location removed from the work area of the employee. 16.5 The CPOA shall be allowed to designate employee representatives to assist employees in: Aug. 30, 2022 Item #6 Page 47 of 81 16 16.5.1 Preparing and processing grievances; 16.5.2 Preparing and presenting material for Disciplinary Appeals hearings; 16.5.3 Preparing and presenting material for any matter for which representation is granted pursuant to the provisions of California Government Code Sections 3300, et seq., known as the Public Safety Officers’ Procedure Bill of Rights Act. 16.6 The CPOA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend Personnel Board or City Council hearings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum. 16.7 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. If a police department manager schedules a work meeting to accomplish police department business and invites employee representatives to that meeting, the employee representatives who attend the meeting will be paid for the time worked. If the meeting occurs outside of the employee’s regularly scheduled work shift, the employee shall receive a minimum of two hours of appropriate overtime compensation. 16.8 Designated employee representatives requesting time off under this Article shall direct such request to their immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the Department meets its staffing needs and to assure sufficient coverage of departmental assignments. 16.9 The city will continue to furnish bulletin board space in the Police Department for the exclusive use of the CPOA. Material placed on the bulletin boards shall be at the discretion of the CPOA and shall be removed by management only in the event the material is obviously offensive to good taste or defamatory, and shall be removed only on prior notification to a CPOA representative. The CPOA shall be responsible for maintaining bulletin boards exclusively used by the CPOA in an orderly condition and shall promptly remove outdated materials. 16.10 Use of City Facilities 16.10.1 The CPOA may, with the prior approval of the City Manager, be granted the use of the city facilities for off-duty meetings of the Police Aug. 30, 2022 Item #6 Page 48 of 81 17 Department employees, provided space is available. All such requests will be in writing to the City Manager. 16.10.2 The CPOA may, with the prior approval of the Police Chief, be granted the use of Police facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the Police Chief. In the event the Police Chief denies use of Police Department facilities, an appeal can be made to the City Manager. 16.10.3 The use of city equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved city facilities notwithstanding. ARTICLE 17. OVERTIME The city will continue to use a 14-day work cycle for sworn employees under the 7k exemption in the FLSA as outlined in this article. The “work period” shall be 14 days in length. Based on the FLSA 7(k) guidelines, hours worked in excess of 86 in the 14-day work period will be paid out as FLSA overtime hours. In addition, when determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for non-scheduled call-back), and time spent conducting bona fide volunteer activities. Time worked shall continue to be computed by rounding to the nearest quarter of an hour. In addition, any employee required to perform in excess of an employee’s normal scheduled shift shall continue to receive overtime compensation. For FLSA overtime, the regular rate of pay shall be calculated in conformance with the FLSA. 17.1 Comp. Time Option: Each employee shall have the option (with the exception of "Pay Only Details") of receiving compensatory time off in lieu of cash, subject to a maximum accumulation of 150 hours of compensatory time off. The employee will be paid out the FLSA overtime premium at the regular rate of pay when compensatory time is selected. For every hour of overtime worked, 1.5 hours will be added to the comp time bank, if selected. When an employee has accumulated the maximum number of hours of compensatory time off, the employee shall receive all overtime compensation in cash until such time as the employee's compensatory time off bank is no longer at the maximum. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the Aug. 30, 2022 Item #6 Page 49 of 81 18 department. Required use of overtime to backfill staff shall not be considered to unduly disrupt operations. Any accrued and unused compensatory time through December 31, 2019 will be cashed out on the last pay date in June 2020. Effective January 1, 2020, all accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year. At any time an employee may elect to "cash out" any portion of the employee’s accrued compensatory time balance at the employee’s base rate of pay by requesting this "cash out" via the timekeeping system. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 17.2 Comp. Time Exception: Special details where the city is reimbursed for employees’ compensation from an outside entity shall be for pay only. Employees volunteering for such details are not eligible for compensatory time off in lieu of cash. ARTICLE 18. CALL BACK 18.1 Description: If an employee is required to return to his or her place of employment or other work location directed by the employer at a time that is not part of the employee’s regularly scheduled work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for the actual number of hours worked, subject to the following: 18.2 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or firearms qualification, the employee shall receive a minimum of two hours of appropriate overtime compensation. No travel time is provided for scheduled call backs. 18.3 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance (less than 24 hours’ notice), the employee shall receive a minimum of four hours of appropriate overtime compensation. 18.4 Report Call Back Minimum: Employees are encouraged to complete reports prior to scheduled days off. A supervisor must determine if the report can be “pended” until the employee returns to regular scheduled work or if the report needs to be completed prior to that time. The supervisor’s approved “pending completion date” will determine the employee’s compensation for completing a “pended” report prior to the employee’s next regularly scheduled duty as follows: (a) Before Next Duty Day: If an employee “pends” a report needing to be completed before the employee’s next scheduled duty day, the employee shall receive a minimum of two hours of appropriate overtime compensation for returning to the station and completing the report. Aug. 30, 2022 Item #6 Page 50 of 81 19 (b) Next Duty Day: If an employee “pends” a report not needing to be completed until the employee’s next scheduled duty day and it is later determined by a supervisor the report needs to be completed before the employee’s next scheduled duty day, the employee shall receive a minimum of four hours of appropriate overtime compensation for returning to the station and completing the report. Employees called back pursuant to this section are not eligible for travel time. 18.5 Travel Time: Travel time is included as part of the call back minimum compensation or the call back overtime if the call back (travel time plus detail time) exceeds the approved minimum guarantees. The maximum approved travel time is set as follows: (a) Police Department: If the call back is to the Carlsbad Police Department or other site within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a maximum of one hour round trip. (b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police Department, travel time shall be the actual amount of time required to drive to the call back site and return to employee’s residence. The following employees, who are required to return to his or her place of employment or other work location directed by the employer at a time that is not part of the employee's regularly scheduled work shift, are eligible for travel time: (1) Employees who are called back for immediate service; (2) employees who are in a 'stand-by' capacity as defined by Article 11. 18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the employee will receive mileage reimbursement for expenses to and from the directed site or the round trip distance between the directed site and the Carlsbad Police Department, whichever is less. 18.7 Contiguous Time: These minimums shall not apply to situations where the call back is contiguous with the commencement or end of the employee’s regularly scheduled work shift. In that situation, the employee shall receive applicable overtime compensation for all time actually worked beyond the regularly scheduled work shift. ARTICLE 19. SENIORITY 19.1 The seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department in that rank. Aug. 30, 2022 Item #6 Page 51 of 81 20 An employee promoted to a higher rank and later demoted back to the original rank shall have seniority calculated for all time of continuous service in the higher rank and the original rank combined. 19.2 If an employee voluntarily leaves the city’s employ or is dismissed for cause, the employee will lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead, if an employee is reemployed, seniority will be based on the reemployment date. 19.3 An employee laid off after completing probation and acquiring regular status will, after reinstatement, regain the seniority credit the employee possessed at the time of layoff, provided the reinstatement occurs within 24 months of the layoff. 19.4 Refer to Article 31.3 for information re: the impact of a leave of absence on seniority. ARTICLE 20. LEGAL REPRESENTATION 20.1 Upon request of an employee and subject to any legal limitations, the city will provide for the defense of the employee in any civil action or proceeding initiated against the employee by a person or entity other than the city because of an act or omission occurring within the course and scope of the employee’s employment. 20.2 Nothing in this Memorandum requires the city to provide for the defense of an employee where: (a) the city has the discretion under the California Government Code not to provide for a defense; (b) the act or omission was not within the course and scope of the employee’s employment; (c) the act or omission was the result of the employee’s actual fraud, corruption, or malice; or (d) providing for the defense would create a specific conflict of interest between the city and the employee within the meaning of California Government Code section 995.2. 20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges than those contained in the California Government Code. ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES 21.1 During the term of the Memorandum, the CPOA, its representatives, or members shall not engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against the City of Carlsbad. 21.2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the employees. 21.3 As used in this section, “strike or work stoppage” means the concerted failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the Aug. 30, 2022 Item #6 Page 52 of 81 21 purpose of inducing, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment. ARTICLE 22. DISCIPLINE OF AN EMPLOYEE 22.1 The city may only discipline regular employees for just cause. In the case of disciplinary action involving suspension, demotion or discharge, the employee shall be given notice of the action to be taken, the evidence or materials upon which the action is based, and an opportunity to respond to the Police Chief either orally or in writing, provided the employee requests the opportunity within seven calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline. 22.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five mutually acceptable hearing officers. If a mutually acceptable list cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name. The city will bear all administrative costs associated with an appeal of discipline and the subsequent hearing including the hearing officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. 22.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the period of time, from one to four years, that the discipline will remain in the affected employee’s personnel records, unless a longer period is required by law. At the end of the designated period of time, the disciplinary action shall be removed from the employee’s personnel file. It is the responsibility of the employee to initiate a request for removal of disciplinary action from the employee’s personnel file. The only permitted use of the removed disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar or cumulative activity or misconduct. 22.4 Nothing in this Memorandum shall be construed to require “cause” or “just cause” for the rejection of a probationary employee prior to the expiration of the probationary period. A probationary employee rejected during the probationary period shall not be entitled to appeal such rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection with the Police Chief. Aug. 30, 2022 Item #6 Page 53 of 81 22 22.5 Right of Appeal. Any regular employee shall, within seven calendar days, have the right to appeal to the Hearing Officer any disciplinary action, interpretation or alleged violation of the Personnel Ordinance or Personnel Rules, except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or Personnel Rules, or this Article. 22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the Human Resources Director, who shall, within 10 calendar days after receipt of the appeal, inform the Hearing Officer of the action desired by the appellant and the reasons why. The formality of a legal pleading is not required. 22.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the hearing on the appeal not less than 10 calendar days nor more than 30 calendar days from the date of filing, unless the parties mutually agree to a later hearing date. The Human Resources Director shall notify all interested parties of the date, time, and place of the hearing. 22.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the Hearing Officer at the time and place of the hearing. The appellant may be represented at the hearing by any person or attorney the appellant selects and may produce any relevant oral or documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings will be closed unless at least four business days prior to the hearing the appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing officer will make a recommendation. If either party disagrees with the Hearing Officer’s recommendation, that party may request, within 10 calendar days, to present their case to the City Council before the City Council renders a final decision. 22.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the conclusion of the hearing, certify the Hearing Officer’s findings and decisions in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Hearing Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems warranted, and the action taken shall be final. The Hearing Officer may submit a minority or supplemental finding and recommendation. In the case of suspension, discharge or demotion, the appointing power shall reinstate an employee to the employee’s former status if the City Council determines that the action was for discriminatory reasons. 22.10 Disiplinary appeal hearing. During any disciplinary appeal hearing, either party may file a written motion with the City Clerk for the City of Carlsbad seeking authorization from Aug. 30, 2022 Item #6 Page 54 of 81 23 the City Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing officer. The motion for authorization shall be heard in closed session, unless waived by the appellant. Either party’s representative may make a statement to the City Council on the issue of whether authorization to seek a writ is justified. During this hearing on the motion for authorization to pursue a writ, neither party may discuss the merits or the factual basis of the underlying administrative hearing with the City Council. The parties should limit their discussion as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing the discipline shall not be required to seek authorization from the City Council in order to pursue an interlocutory writ in court as to those issues in which the court has initial jurisdiction, including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights Act. ARTICLE 23. PROBATIONARY PERIOD 23.1 For sworn personnel, the initial hire probationary period shall be one year from the date the employee is sworn as an officer. For non-sworn personnel, the initial hire probationary period shall be one year from the date of hire. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, the employee’s duties, work and other satisfaction. 23.2 Refer to Article 31.3 for information re: the impact of a leave of absence on the probationary period. 23.3 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. ARTICLE 24. RETIREMENT BENEFITS 24.1 The city has contracted with CalPERS for the following retirement benefits: Safety “Classic” Members (those that do not qualify as “New Members” as defined below) • Employees entering City of Carlsbad safety CalPERS membership for the first time prior to October 4, 2010 – The retirement formula shall be 3% @ 50; single highest year final compensation. • Employees entering City of Carlsbad safety CalPERS membership for the first time on or after October 4, 2010 – The retirement formula shall be 2% @ 50; three year average final compensation. Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) Aug. 30, 2022 Item #6 Page 55 of 81 24 • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 – The retirement formula shall be 3% @ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three year average final compensation. “New Members” Employees who are ”New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after January 1, 2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include, but are not limited to, the following retirement benefits: • Safety– The retirement formula shall be 2.7% @ 57; three year average final compensation. • Miscellaneous – The retirement formula shall be 2% @ 62; three year average final compensation. 24.2. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code. Employees shall make the following employee retirement contributions through payroll deductions: • Safety employees subject to the 3% @ 50 and 2% @ 50 benefit formula shall pay all of the employee retirement contribution (9%). • Safety employees who meet the definition of “New Member” under PEPRA shall pay the required PEPRA member contribution rate as established by CalPERS. • Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • Miscellaneous employees who meet the definition of “New Member” under PEPRA shall pay the required PEPRA member contribution rate as established by CalPERS. 24.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all CPOA represented employees designated as “classic members.” ARTICLE 25 FLEXIBLE BENEFITS PROGRAM 25.1 Employees represented by the CPOA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, AD&D insurance and flexible spending accounts (FSAs). Each of these components is outlined below. Aug. 30, 2022 Item #6 Page 56 of 81 25 25.2 Benefits Credits and Medical Insurance: During the entire term of this agreement, represented employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and eligible dependents and those retirees designated in Section 25.5 of this Article, the minimum amount per month required under California Government Code Section 22892 for medical insurance through the CalPERS. If electing to enroll for medical benefits, an employee must select one medical plan from the variety of medical plans offered. The city shall contribute monthly amounts (called “Benefits Credits”) on behalf of each active employee and eligible dependents toward the payment of medical premiums under the CalPERS Health Program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay under the FLSA. The Benefits Credits for calendar year 2022 shall be equal to those shown in the table below. Medical Coverage Level 2022 Monthly Benefits Credits Employee $659.00 Employee + 1 $1,316.00 Family $1,737.00 Waive Medical $329.50 Effective the pay periods that include January 1, 2023, January 1, 2024 and December 31, 2024 the city monthly benefit credits associated with each medical coverage level (except waive medical) will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. Waiver Provision: CPOA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show proof of coverage under another group insurance Aug. 30, 2022 Item #6 Page 57 of 81 26 program. Effective the pay period that includes January 1, 2023, the benefits credits associated with waiving medical coverage will be set equal to $400 dollars per month. 25.3 Dental Insurance CPOA employees may choose to enroll in or opt out of the city-sponsored dental insurance plan at any coverage level. 25.4 Vision Insurance CPOA employees may choose to enroll in or opt out of the city-sponsored vision insurance plan at any coverage level. 25. 5 Retirees Each retired employee who was a member of this bargaining unit is covered by the PEMHCAand is eligible to participate in the CalPERS Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that they are enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under California Government Code Section 22892 toward the cost of each retiree’s enrollment in the CalPERS Health Program. Direct authorization may be established for automatic deduction of payments for health insurance administered by CalPERS. Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the city’s dental and vision insurance programs. The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. ARTICLE 26. UNIFORM REIMBURSEMENT Effective upon the first day of the first full pay period following City Council approval of this agreement, reimbursement to represented employees for the cost of purchasing and maintenance of required uniforms shall be $34.62 per pay period. (Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members). ARTICLE 27. EDUCATIONAL INCENTIVE 27.1 Educational Incentive Compensation. Effective Jan. 1, 2022, eligibility for education incentive is as follows: Aug. 30, 2022 Item #6 Page 58 of 81 27 For Police Officers and Police Corporals who are eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST): Level Eligibility Requirements Incentive Pay Amount 1 POST Basic Certificate $93 biweekly 2 POST Intermediate Certificate $232 biweekly 3 POST Advanced Certificate $324 biweekly For Police Sergeants who are eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST): Level Eligibility Requirements Incentive Pay Amount 1 POST Basic Certificate $99 biweekly 2 POST Intermediate Certificate $248 biweekly 3 POST Advanced Certificate $347 biweekly For non-sworn employees who are eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST) or who meet the education requirement outlined below: Level Eligibility Requirements Incentive Pay Amount 1 POST Basic Certificate or High School diploma or GED $62 biweekly 2 POST Intermediate Certificate or Associate degree $152 biweekly 3 POST Advanced Certificate or Baccalaureate degree $218 biweekly Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant, Carlsbad Police Department. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. 27.2 An employee that meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which he or she qualifies. Aug. 30, 2022 Item #6 Page 59 of 81 28 ARTICLE 28. FIELD TRAINING OFFICER Effective upon the first day of the first full pay period after ratification of this MOU, field training officers or civilian personnel who are assigned to train co-workers shall be compensated at the rate of $40 for each work shift the employee is engaged in the training function. The selection of field training officers or civilian personnel who are assigned to train co-workers shall be at the sole discretion of the Police Chief. ARTICLE 29. VEHICLES Police Sergeants, Police Corporals and Police Officers who are certified and able to deploy as a solo, full-duty, peace officer shall be assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift and take the vehicle to their residence in accordance with department policy. Assignment of a designated vehicle is expressly conditioned on the availability of vehicles. ARTICLE 30. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE Short-Term Disability Effective January 1, 2020, the city will provide represented employees with city-paid short-term disability insurance via an insurance provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. Long-Term Disability The city will provide employees with city-paid long term disability insurance. Prior to January 1, 2020, the insurance shall provide for a 30 calendar day waiting period prior to payment eligibility and the long-term disability benefits shall be provided at 60% of the employee's pre- disability base salary, up to a maximum base salary of $100,000. Effective January 1, 2020, the waiting period prior to payment eligibility shall be 90 calendar days and the long-term disability benefits shall be provided at 66 2/3% of the employee's predisability base salary, up to a maximum base salary of $150,000. Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off ( e.g., vacation, sick leave) during the disability insurance waiting period. The employee shall combine allowable types of accrued paid time off with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability Leave of Absence as of December 31, 2019 An employee who is on a short-term or long-term disability leave of absence as of December 31, 2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage with the city's new disability insurance provider as of January 1, 2020 without having to repeat the waiting period. Aug. 30, 2022 Item #6 Page 60 of 81 29 ARTICLE 31. LEAVE OF ABSENCE 31.1 Occupational Injuries or Illnesses 31.1.1 A sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee’s 4850 benefits have been exhausted and the employee has not been retired, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence (i.e., the employee would not receive a city paycheck). A sworn employee shall not use accrued sick leave after the city approves the employee’s Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit. 31.1.2 A non-sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for the first 45 calendar days. If the employee continues to be temporarily unable to work after 45 calendar days, the employee will receive workers’ compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 31.2 Non-Occupational Injuries or Illnesses 31.2.1 An employee who is temporarily unable to work due to a non- occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee’s Aug. 30, 2022 Item #6 Page 61 of 81 30 full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 31.2.2 Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of state and federal law. In the case an employee is disabled by pregnancy, childbirth or a related medical condition the employee shall be allowed to utilize a combination of accrued sick leave, vacation, and leave without pay to take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. The employee shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave. If the employee is disabled by pregnancy, the employee may be eligible to return to work on a light duty assignment per the department policy regarding a non-occupational illness/injury. 31.3 Extended Leave of Absence Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below: 1. accrual of sick leave and vacation, 2. holiday pay 3. cell phone allowance and 4. shift differential pay. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. Aug. 30, 2022 Item #6 Page 62 of 81 31 Exception for a Probationary Newly Hired Employee When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period and salary anniversary date shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. 31.4 The city acknowledges the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intends to apply and implement this document so as to comply with these laws.To the extent permitted by law, a leave of absence under this article will run concurrently with any FMLA or CFRA leave of absence an employee is entitled to receive. ARTICLE 32. DISABILITY RETIREMENT An employee’s eligibility for disability retirement will be determined in accordance with the standards and procedures contained in California Government Code sections 20000 et seq. ARTICLE 33. VACATION Vacation leave can be used in 15 minute increments. 33.1 All eligible CPOA-represented employees shall be entitled to accrue vacation on a daily basis according to the number of continuous full years of employment based on the following vacation accrual schedule: Beginning with the first working day through the completion of five full calendar years of continuous service – 14 minutes/day Beginning the sixth year of continuous employment through the completion of 10 full calendar years of continuous service – 21 minutes/day Beginning the 11th year of continuous employment through the completion of 15 full calendar years of continuous service – 26 minutes/day Beginning the 16th year of continuous employment, vacation time shall be accrued, and remain at a rate of 33 minutes/day for every full calendar year of continuous employment thereafter. Effective upon the first day of the first full pay period following ratification of this MOU, with approval of the Police Chief or designee, in addition to service time with the City of Carlsbad, current employees and new hires shall be eligible to receive service credit towards the vacation accrual rate based on their previous full-time law enforcement experience. This credit only applies to the vacation accrual rate. It does not apply to seniority or any other employee-related process, pay, benefit or accrual that is based on city service credit. Aug. 30, 2022 Item #6 Page 63 of 81 32 33.2 Vacation Accrual Maximum Effective upon the first day of the first full pay period following ratification of this MOU no employee will be allowed to accrue vacation hours in excess of the 480 hour maximum. The Police Chief will encourage the taking of accrued vacation leave. Although employees are responsible for actively managing their leave balances, the Police Chief will not unreasonably deny requests for vacation time off. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee must submit a request in writing to the Police Chief and the City Manager. The Police Chief and the City Manager may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. 33.3 Vacation Conversion 1. No later than December 10, 2019, employees will be provided an option to convert accrued and unused vacation to cash in an amount of up to 160 hours. All accrued and unused vacation earned up through the last full period in December 2019, that is not requested to be cashed out by December 10, 2019 is no longer eligible to be converted to cash, except upon separation of employment with the city. 2. Employees are also eligible to submit an irrevocable request to elect to cash out up to 160 hours of accrued vacation hours for the following calendar year. 3. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year. 4. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation accrual in the following calendar year. 5. The employee's accrued vacation to convert to cash will be credited first to the cash out account with the employee's earned vacation leave until the employee's full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee's maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee's vacation time off balance. 6. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the all the elected vacation hours may be cashed out in July at the employee's request. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, Aug. 30, 2022 Item #6 Page 64 of 81 33 the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year. 7. The vacation payment amount will be based on the employee's rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions. 8. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year. 9. The parties agree to discuss any CPOA concerns regarding vacation request denials as a standing agenda item at labor-management committee meetings. The CPOA agrees to discuss any issues regarding vacation scheduling with Police Department Management and attempt to resolve them. If the CPOA and Police Department Management are unable to resolve issues related to vacation scheduling after good faith efforts have been exhausted, the CPOA will continue discussions on their concerns with the city's Human Resources Department. The city and CPOA also agree that if the parties are unable to resolve CPOA issues related to vacation scheduling, then upon written mutual agreement between the parties the following procedure for vacation scheduling may be implemented during the term of the MOU: a. Any employee with 40 or more accrued hours of compensation time that is paid out on the last pay date of December will be permitted to use a total of 20 hours of vacation in January or February of the following calendar year subject to the provisions of Article 17. 33.4 Compensation for City Work During Vacation Occasionally employees on vacation leave are needed for work assignments. Employees returning to work during vacation leave will be compensated as follows: (a) Court - –Mandated court appearances during the time of an employee’s paid vacation leave from city service will result in overtime compensation, with a minimum of four hours. (b) Duty Time – Employees returning to their regularly scheduled work time while on vacation leave shall be paid their applicable base rate of pay and not be charged the corresponding vacation time. (c) Non-Duty Time – Employees returning to work at a time other than their regularly scheduled work time while on vacation leave shall be paid overtime compensation. (d) Recall – This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency. Aug. 30, 2022 Item #6 Page 65 of 81 34 33.5 Scheduling Vacations An employee may take annual vacation leave at any time during the year, contingent upon determination by the Police Chief that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide 48 hours notice in advance of the day(s) the employee is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. 33.6 Terminal Vacation Pay The dollar value of an employee’s accrued vacation balance as of the employee’s last day on payroll shall be paid to the employee upon separation of employment at the employee’s base rate of pay at separation. ARTICLE 34. HOLIDAYS 34.1 The city agrees to observe 11 scheduled paid holidays per year. The holiday schedule shall not interfere with, influence, or otherwise change the scheduling of shift employees by the department. Employees will accrue 2 floating holidays each year on July 1st. The floating holiday must be used in full day increments. There is no partial day use of a floating holiday. The floating holiday will be treated in the same manner as the other 11 holidays except that unused floating holidays will not carry over to the next fiscal year and will not be paid out upon separation of employment. 34.2 The holiday schedule for the term of this agreement is as follows: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Thanksgiving Friday Christmas Day 34.3 Employees who work a 5/8 schedule will be paid eight hours of straight time for each holiday. Employees who work a 9/80 schedule will be paid nine hours of straight time for each holiday. Employees who work a 4/10 schedule will be paid 10 hours of straight Aug. 30, 2022 Item #6 Page 66 of 81 35 time for each holiday. Employees who work a 3/12 schedule will be paid 12 hours of straight time for each holiday. 34.4 Employees will be compensated in cash or compensatory time off (CTO) for holidays in the pay period in which they occur. Employees scheduled to work on a holiday who desire the day off will utilize vacation or CTO. For purposes of this section, a shift trade will be considered part of an employee’s regularly scheduled work shift. ARTICLE 35. SALARY/ANNIVERSARY DATE ON PROMOTION 35.1 Any Police Officer or Police Corporal promoted to the rank of Police Sergeant will be compensated at a minimum of five percent above the top step of Corporal. 35.2 Any Communications Operator I or II promoted to the position of Communications Supervisor will have their compensation adjusted a minimum of five percent above the top step of Communications Operator II. 35.3 A police employee serving in Salary Step 5 will be eligible upon promotion for subsequent salary step increases in a higher range on the annual anniversary of the date of promotion. When a police employee is promoted from Step 1, 2, 3, or 4, that employee will retain the anniversary date that was in effect in the salary range from which the employee was promoted. ARTICLE 36. ALCOHOL AND DRUG POLICY I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability using techniques, equipment, and laboratory facilities, which have been approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Health and Human Services (DHHS). Collection, chain of custody, and testing procedures shall be conducted in accordance with FTA/DOT regulations, 49 C.F.R. Parts 40 and 655. This policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish that objective. Aug. 30, 2022 Item #6 Page 67 of 81 36 A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. 4. “Medical Review Officer (MRO)” is responsible for receiving laboratory confirmed urine drug test results; determining whether there is a legitimate medical explanation for a laboratory-confirmed positive, adulterated, or substituted result; and reviewing and reporting a verified result to the employer in a timely and confidential manner. 5. “CCF” refers to the federal drug testing Custody and Control Form. This form will be completed for all urine specimen collections and requires the employee’s signature each time a specimen is collected. 6. “Urine Collector” is responsible for collecting urine specimens using 49 C.F.R. Part 40 procedures; shipping the specimens to certified laboratories for analysis; and distributing copies of the CCF to the laboratory, MRO, employer, and employee in a timely and confidential manner. 7. “Breath Alcohol Technician (BAT)” is responsible for conducting alcohol screening and confirmation tests by collecting and analyzing breath specimens using an approved screening device and an evidential breath testing (EBT) device; documenting the results of the test; and transmitting the results to the employer in a timely and confidential manner. 8. Third Party Administrator: A service agent who coordinates a variety of drug and alcohol testing services for employers. These services can include random selections; and coordinating urine collections, laboratory testing, MRO services, alcohol testing, and SAP evaluations. The TPA is responsible for ensuring that its service agents are qualified. Aug. 30, 2022 Item #6 Page 68 of 81 37 B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on- call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city, consistent with the legal requirements for disciplinary due process. C. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. Aug. 30, 2022 Item #6 Page 69 of 81 38 II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. Upon receiving a conditional offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of “reasonable suspicion” as defined in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving city property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; Aug. 30, 2022 Item #6 Page 70 of 81 39 f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs. 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city. C. Random Selection Testing All sworn employees in the Vice Narcotics Unit of the Carlsbad Police Department, with the classifications of Police Officer, Police Corporal, and Police Sergeant shall be subject to random substance abuse teststhroughout the fiscal year. This includes detectives assigned to the narcotics taskforce and the gang taskforce. The ongoing testing will be conducted on an unannounced basis. Employees will have an equal chance of being selected and tested in each selection period. The names of all eligible employees will be placed in a pool, with the selection of employees made by a scientifically valid method via the Third Party Administrator of the program. Once an employee's name is pulled for testing, his or her name will be returned to the pool. Any CPOA-represented employee who operates the Public Safety Command Post vehicle shall be subject to random substance abuse tests. Refer to Administrative Order No. 64 for more information re: the drug and alcohol testing policy for employees in safety sensitive positions. Aug. 30, 2022 Item #6 Page 71 of 81 40 Random testing will be performed as follows: • Drugs - 50% of the total number of covered employees shall be tested annually. • Alcohol –25% of the total number of covered employees shall be tested annually. 1. Employee Notices When an employee has been randomly selected, the employee will be discreetly notified of his or her test in a Testing Notice. The supervisor will document the date and time the Testing Notice is delivered and then the employee will be required to sign the Testing Notice, which also acknowledges that the employee being tested has been advised of the drug and alcohol testing policy. Additionally, the employee will be asked by the Urine Collector or BAT to complete the necessary form(s), either the CCF or ATF or both, for the test(s) to be conducted and analyzed. 2. Testing for Prohibited Drugs A Urine Collector will collect a urine specimen to be analyzed by a certified laboratory for the presence of drugs prohibited under this policy. An employee must void 45 mL of urine all at once for an accurate collection. At the collection site, the Urine Collector will divide the specimen into two samples: 30 mL of which will be labeled as the primary sample (Bottle A) and 15 mL labeled as the split sample (Bottle B). The urine samples will be sent under seal, with required custody and control forms, to a laboratory approved by SAMHSA. An initial drug screen will be conducted on each primary sample. If the initial drug screen does not yield a negative test result, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in DOT regulations, as amended. If the result of the primary sample is not negative, the split sample as well as the primary sample will be retained in frozen storage for at least 1 year from the date the laboratory receives it. 3. Medical Review Officer All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in DOT regulations. The MRO shall not convey test results to the city until the MRO has determined that the test result was positive or negative, or should be cancelled. When the MRO reports the result of the verified positive test, the MRO may disclose the drug(s) for which there was a positive result. The MRO may only reveal the levels of a positive drug test result to the City of Carlsbad, the employee, or the decision maker in a lawsuit, Aug. 30, 2022 Item #6 Page 72 of 81 41 grievance or other proceeding initiated by the employee and arising from a verified positive result, or as otherwise required by law. If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re- collection under direct observation may be ordered by the MRO. 4. Split Specimen Testing Any employee who questions the results of a required drug test under this policy may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (Bottle B) of the original specimen that was voided. This test will be conducted at a different DHHS certified laboratory, selected by the employee. The test must be conducted on the split sample that was provided at the same time as the original sample. If Bottle B also tests positive, then the employee may be subject to disciplinary sanctions, up to and including termination. If the testing of Bottle B produces a negative result, or for any reason Bottle B is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered at the MRO’s sole discretion. The employee shall bear the responsibility of paying for the testing of the split specimen (Bottle B). 5. Alcohol Testing Alcohol tests will be performed by a certified BAT. If the initial test on an employee using an approved EBT indicates a breath alcohol concentration (BAC) of 0.02 or greater, a second test will be performed no sooner than 15 minutes but no later than 30 minutes from the first attempt to confirm the results of the initial test. Employees whose confirmatory test results indicate a BAC of 0.04 or greater may be subject to discipline, up to and including termination. 6. Refusal to Test An employee that refuses to submit to drug or alcohol testing required by the city shall be prohibited from performing or continuing to perform public safety functions and shall be assigned to a light duty assignment or placed on paid administrative leave at the city’s discretion. An employee's refusal to submit to drug or alcohol testing required by the city for any reason shall be considered an act of insubordination and may also result in disciplinary action, up to and including termination. Refusal to test shall include the following: Aug. 30, 2022 Item #6 Page 73 of 81 42 a. Failure to appear for any test within a reasonable time, as determined by the employer, consistent with applicable DOT regulations, after being directed to do so by the employer; b. Failure to remain at the testing site until the testing process is complete; c. Failure to provide a urine specimen for any drug test required; d. In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of provision of a specimen; e. Failure to provide a sufficient amount of urine when directed, and it has been determined, through a medical evaluation, that there was not adequate medical explanation for the failure; f. Failure or decline to take an additional drug test the employer or collector has directed you to take; g. Failure to undergo a medical examination or evaluation, as directed by the MRO; h. Failure to cooperate with any part of the testing process; i. For an observed collection, failure to follow the observer’s instructions; j. Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process; or k. Admit to the collector or MRO that you adulterated or substituted the specimen. The above refusals to test shall incorporate any future amendments to DOT Regulation 49 CFR Part 40 Section 40.191. 7. Follow-up Covered employees who test positive may be referred to a Substance Abuse Professional (SAP) for assessment. Any covered employee identified by the Substance Abuse Professional as needing assistance and who is not being terminated, will be subject to follow-up testing upon returning to duty. After the SAP has notified the city the employee has completed the SAP’s requirements, which may include treatment and/or education, an eligible employee may return to work. However, the employee shall not perform public safety functions until the city has obtained negative drug test results from the MRO. This test is referred to as the “Return to Duty” test in the DOT regulations. Both Return to Duty and Follow-Up Tests shall be under direct observation. The Follow-Up Tests shall appear in a testing plan. The testing plan will be developed by the SAP and will include the number of tests required over a specified duration. The city has no discretion to alter the SAP’s testing plan and the employee shall not have the right to obtain a copy of the testing plan. A minimum of six unannounced tests will be performed Aug. 30, 2022 Item #6 Page 74 of 81 43 over the twelve month period following the employee’s return to duty. Follow-up testing may be performed for up to 60 months following return- to-duty. Such testing shall be separate from participation in the random testing selection procedures. Follow-up testing may include tests for other substances beyond the employee's initial positive test of drug and/or alcohol use when the SAP has reason to believe that additional testing is warranted. If an employee is referred to a substance abuse program, payment for the program is the responsibility of the employee. III. EMPLOYEE ASSISTANCE PROGRAM A. The city has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self- referral contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy. ARTICLE 37. EMPLOYER SEARCHES For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the right to search, with or without prior notice to the employee, all work areas and property in which the city maintains full or joint control with the employee, including, without limitation, city vehicles, desks, lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas and property under full or joint city control since such work areas may be subject to investigation or search under this article. Employer searches may occur when there is a reasonable suspicion that the employee has violated a city or department policy, directive, or work rule and that the area or property to be searched may contain evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal authority to conduct them. Searches will not normally occur without the concurrence of more than one supervisor. If the Public Safety Officers Procedural Bill of Rights Acts (Government Code sections 3300 et seq.) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. Aug. 30, 2022 Item #6 Page 75 of 81 44 Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery of evidence of a policy, directive, or work rule violation. ARTICLE 38. FLEXIBLE JOB SHARING Employees may, with the express written approval of the City Manager, the Human Resources Director, and the Police Chief, participate in a flexible job-sharing program. The specifics of such a program shall be determined by the employees and the city on a case by case basis. Prior to the implementation of any such program, a written agreement setting forth the specifics of the program shall be signed by the affected employees and the city. This article shall not be subject to the grievance procedure. ARTICLE 39. DEFERRED COMPENSATION LOAN PROVISION The city and the CPOA agree to work with the city’s deferred compensation provider to implement a personal loan provision for represented employees as soon as administratively possible. It is acknowledged that the city will assist in the administrative set-up of this benefit but that the city has no liability if an employee should default on the repayment of such a loan. ARTICLE 40. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE AND VOLUNTARY BENEFITS All CPOA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2020, all CPOA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. The city provides various voluntary benefits available at the employee's cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. ARTICLE 41. RE-OPENERS At any time during the term of this Memorandum, the city may reopen negotiations on the implementation of technological changes affecting the Police Department. CPOA acknowledges that the city has the management right to decide to change the technology used in the Police Department and that any negotiations shall be regarding the effects of the city’s decision on CPOA members. At any time during the term of this Memorandum, the city may reopen negotiations on the issue of health insurance benefits in order to reduce or eliminate penalties under the ACA. Aug. 30, 2022 Item #6 Page 76 of 81 45 At any time during the term of the MOU, after CalPERS announces its actual rate of return for the prior fiscal year, if the CalPERS actual rate of return is less than CalPERS’ expected rate of return (the expected rate of return or “discount rate” in effect during that same prior fiscal year), the city may reopen negotiations on the issue of employee cost sharing toward the city’s required contribution to CalPERS for CPOA members. Any changes shall be by mutual agreement only. At any time during the term of the MOU either party may reopen negotiations on the issue of a retiree medical trust. Any changes shall be by mutual agreement only. If the September 2022 San Diego Area cpi percentage increase (published in October 2022) is 5.8% or higher, CPOA may reopen negotiations on the sole issue of the increases to base salary effective January 1, 2023 for all CPOA represented employees. The CPOA may exercise this option by sending written request to the HR Director no later than October 31, 2022. If the September 2023 San Diego Area cpi percentage increase (published in October 2023) is 5.8% or higher, CPOA may reopen negotiations on the sole issue of the increases to base salary effective January 1, 2024 for all CPOA represented employees. The CPOA may exercise this option by sending written request to the HR Director no later than October 31, 2023. ARTICLE 42. ACTING PAY Effective the first day of the first full pay period after ratification of this MOU, whenever the perceived needs of the city require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than 14 consecutive calendar days, the employee shall receive additional pay while in the acting capacity. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent greater than the employee’s current base salary. In the event that the city does not need the employee to serve in an acting capacity for at least 14 consecutive calendar days, the employee shall receive the acting pay for that period of time the acting assignment lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting assignment will last at least 14 consecutive calendar days, and the acting assignment nonetheless extends beyond 14 consecutive calendar days, the employee in the acting assignment shall receive the acting pay retroactive to the first day of the acting assignment. No employee shall be required to perform all of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the Police Chief. Exceptions to the minimum qualifications criteria may be recommended by the Police Chief on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification the employee shall receive not less than 2.5% additional pay. The additional pay shall commence on the first calendar day of the temporary reassignment of the performance of duties of the higher classification. The recommendation that an employee be Aug. 30, 2022 Item #6 Page 77 of 81 46 required to perform duties of the higher classification shall be placed in writing by the Police Chief and submitted to the Human Resources Director for approval. If an employee is serving in an acting capacity for a vacant position, the employee shall not serve more than 960 total hours, including leave and overtime hours, in a fiscal year. All other employees in an acting capacity shall not serve for more than 180 calendar days unless approved by the City Manager or designee. Acting pay shall be reported to CalPERS in accordance with applicable regulations. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave or on a leave of absence related to Section 4850 of the Labor Code) for more than 21 calendar days, the acting pay shall cease on the 22nd day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the acting assignment, the acting pay will resume as of the day the employee returns to work. An employee appointed to an acting capacity shall be eligible to receive step increases in the employee’s regular position during the acting appointment. The Human Resources Director shall obtain the employee’s acknowledgement of the temporary performance of all of the duties of the higher classification prior to the employee’s assuming or continuing the duties and additional compensation. The acknowledgement form shall clearly state that it is understood that a reduction in salary shall be effected to the employee’s original salary rate upon the expiration of the need for the performance of the duties of the higher classification. ARTICLE 43. FLEXIBLE CLASSIFICATIONS An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following 12 months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the city. Any city-established requirements must be identified in the classification description. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum five percent salary increase. Entry Level Position Journey Level Position Community Service Officer I Community Service Officer II Communications Operator I Communications Operator II ARTICLE 44. JURY DUTY When called to jury duty, an employee, having provided at least seven calendar days’ written notice, shall be entitled to the employee’s regular compensation. Employees shall be entitled to city-paid reimbursement for mileage, transit pass or any applicable parking fees while on jury duty. If the employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Aug. 30, 2022 Item #6 Page 78 of 81 47 Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. ARTICLE 45. SHIFT DIFFERENTIAL Effective upon the first day of the first full pay period following ratification of the MOU, all CPOA-represented employees who work or who take paid leave for a night shift (i.e., a shift in which five or more contiguous hours of their shift are after 1700 hours and before 0600 hours) shall be eligible for Shift Differential Pay. Shift Differential Pay shall be equal to three percent (3%) of the base pay rate and will be paid for the night shift (all hours worked), inclusive of all paid leave or paid time during a leave of absence, except 1) when the employee is on an extended leave of absence as defined in Article 31.3 or 2) time off due to a shift trade or 3) time off due to flex time. Shift Differential Pay shall be included in the regular rate of pay in conformance with the FLSA as it relates to calculating overtime pay. Shift Differential Pay shall not be included in the definition of “straight time” for purposes of calculating holiday pay as defined in Article 34.3. In regards to compensatory time, the employee will be paid shift differential when compensatory time is used for time off during an eligible period, not when it is earned and not when unused compensatory time is paid out in accordance with Article 17. A person regularly scheduled on a shift that meets the requirements defined in this section who temporarily works on another shift that does not meet the requirements defined in this section will not receive the Shift Differential Pay. ARTICLE 46. SPECIAL STUDY During the term of the MOU the City and CPOA will conduct a study on a binding post disciplinary appeal process. The city agrees to survey, at a minimum, all agencies listed in its total compensation survey market for purposes of the study. The parties can agree on additional agencies to survey based on mutual agreement. After the survey is completed, the parties will reopen Article 22.9 of this MOU for the purpose of determining whether or not the hearing officer’s decision will be administratively final or subject to City Council review. ARTICLE 47. PAID FAMILY LEAVE Effective January 1, 2020, per Administrative Order No. 84, all CPOA-represented employees will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child. ARTICLE 48. SWAT HAZARD PAY A sworn member’s assignment to the SWAT team is considered a hazardous assignment. As a SWAT team, responses to regional emergencies may include exposure to toxic, radioactive, explosive or other hazardous materials in the performance of duties. Effective Jan. 1, 2023, employees assigned to the SWAT team in accordance with Department Manual Section 1004, upon selection to the team, shall receive a Hazard Premium at the rate of $60 per pay period. Aug. 30, 2022 Item #6 Page 79 of 81 48 Consistent with the Department policy, selection to the SWAT team will based at the sole discretion of the Police Chief or designee. In order to continue in the assignment after selection each employee must pass the required physical fitness and firearm qualifications consistent with the SWAT Operations Manual. A determination of whether an employee passed the physical fitness or shooting standards will be decided by the sole discretion of the Chief of Police consistent with the SWAT Operations Manual without any right of appeal. Notwithstanding any rotational time periods set forth in the Department Manual, continued assignment on the SWAT team will be assessed and decided upon during an annual team member review in February of each year, where one year extensions of the assignment may be granted at the sole discretion of the Police Chief or designee and without any right of appeal. Aug. 30, 2022 Item #6 Page 80 of 81 DocuSign Envelope ID: 99E0E66B-EC77-4CEA-95O2-A8692B546FBB IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum to be effective as stated herein. CITY OF CARLSBAD f �{C/k-_ r SCOTT CHADWICK, City Manager APPROVED AS TO FORM: CELIA BREWER, City Attorney 7 Date CARLSBAD POLICE OFFICERS' ASSOCIA TTON �t.S llJillis 5/25/2022 JAMES WILLIS, President Date 49 Aug. 30, 2022 Item #6 Page 81 of 81