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HomeMy WebLinkAboutAGENDA BACKUP 07-17-97 ~ wntral Contra Costa Sanital ~ District BOARD OF DIRECTORS Page 1 of 1 BOARD MEETING OF July 17, 1997 NO. 3. CONSENT CALENDAR a. DATE July 14, 1997 TYPE OF ACTION APPROVE EASEMENT AGREEMENT SUBJECT APPROVE AND EXECUTE AGREEMENT WITH CONTRA COSTA WATER DISTRICT FOR AN EASEMENT TO PROVIDE WATER SERVICE TO DISTRICT PROJECT 7165, HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY, PACHECO AREA SUBMITTED BY Munawar Husain, Associate Engineer INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Board of Directors' authorization is required for agreements with other public agencies. BACKGROUND: The subject easement is required by the Contra Costa Water District prior to providing the Household Hazardous Waste (HHW) Collection Facility with water service. This service is necessary for an eight-inch water main to serve the building's fire sprinkler system and a new fire hydrant at the site. The fire hydrant will be located on the eastern side of the HHW Collection Facility approximately 300 feet southeast of the intersection of Imhoff Drive and Imhoff Place. Funds are available in the existing HHW Collection Facility budget to pay for the cost of this water service and additional Board authorization is not being requested. RECOMMENDATION: Approve Easement Agreement with Contra Costa Water District, District Project 7165; authorize the President of the District Board of Directors and the Secretary of the District to execute said Easement Agreement and forward same to Contra Costa Water District for its execution and recording. REVIEWED AND RECOIVIIVIENDED FOR BOARD AC710N Jj~ ~l Wl/J fA INITIATING DEPARTMENTIDIVISION MH RSK WEB RAB L:\PP\7165EASE.MH 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::ii.iS.I"".Ei::}II"'::::"'rw:~ii'I""::::':~tiim::~::m:::: BOARD MEETING OF :::::Ii:BI1!::::~::::",:.!lt:!:::/:::::.m::::::::;;:;::B:::::::::::::' July 17, 1997 Page 1 of 4 NO. 5. BIDS AND AWARDS a. July 11, 1997 TYPE OF ACTION AUTHORIZE AWARD; AUTHORIZE AGREEMENTS DATE SUBJECT AUTHORIZE AWARD OF A CONTRACT TO N.E. CARLSON, INC., FOR THE CONSTRUCTION OF THE PRIMARY OPERATIONS BUILDING REMODEL (DP 6095), AUTHORIZE AMENDMENTS TO THE AGREEMENTS WITH MacKINLAY, WINNACKER, McNEIL ARCHITECTS (MWM) TO ADD SERVICES DURING CONSTRUCTION, AND AMEND AN AGREEMENT WITH NPG ENGINEERING FOR CONSTRUCTION MANAGEMENT SERVICES SUBMITTED BY David J. Reindl, Associate Engineer INITIATING DEPTIDIV Plant Operations/Maintenance Engineering ISSUE: On June 25, 1997, sealed bids were received and publicly opened for the Primary Operations Building Remodel Project (DP 6095). The Board of Directors must authorize award of the contract, or reject all bids within fifty (50) calendar days of the bid. Authorization of the Board is required for the General Manager-Chief Engineer to execute professional services agreements in amounts greater than $50,000. BACKGROUND: The existing Primary Building consists of three separate structures, which includes the Inlet or Bar Screen Building, built in 1948 and modified in 1974, the Influent Pump Building built in 1948, and the Primary Operations Building remodeled in 1957. As early as 1982, the District's Treatment Plant Facility Plan included an expanded maintenance facility. In 1987, an initial remodel plan for the primary structures was developed. The Maintenance Shops project was incorporated into the new Headworks Project Design in 1990, but was later removed to uncomplicate and expedite the Headworks Project. The concept of remodeling the existing structures was chosen to provide centralized space for the Treatment Plant's Maintenance Division function, allowing for better coordination and improved efficiency. On November 14, 1996, the Board of Directors approved the Design Phase of the Primary Building Remodel Project and the engagement of MWM Architects as the project designer. Since that time, MWM completed plans and specifications, and the Notice to Bidders inviting sealed bids was publicly advertised on May 20 and 27, 1997. Three bids were received ranging from $1,900,585 to $2,112,000. Plant Operations staff conducted a technical and commercial evaluation of the bids and determined that the lowest responsible bidder is N.E. Carlson, Inc., for the amount of $1,900,585. A summary of these bids is attached (see Attachment 1). The Engineer's prebid estimate for the construction contract on this project was $1,600,000. The overall complexity of the project and the current bid climate for commercial construction appear to be responsible for the difference between the Engineer's estimate and the higher bids received for this project. In addition, the final scope of work was expanded over the initial concept to include the relocation of existing equipment that significantly increased the electrical subcontractor effort required. The demolition and salvage of abandoned Headworks equipment located in this building, appears to be more difficult than was envisioned in MWM's estimate. In addition, the design was revised to include a fiber optic communications DJR POSITION PAPER DATE July 17, 1997 Page 2 of 4 [Subject] AUTHORIZE AWARD OF A CONTRACT TO N.E. CARLSON, INC., FOR THE CONSTRUCTION OF THE PRIMARY OPERATIONS BUILDING REMODEL (DP 6095), AMEND AN AGREEMENT WITH MacKINLAY, WINNACKER, McNEIL ARCHITECTS (MWM) TO ADD SERVICES DURING CONSTRUCTION, AND AMEND AN AGREEMENT WITH NPG FOR CONSTRUCTION MANAGEMENT SERVICES cable to allow the expansion of the District's computer system network to this facility for the Mainsaverl Preventive Equipment Maintenance (PEM) system applications. The estimate for this additional effort is $200,000. During the construction phase, additional efforts will be taken to address concerns over health and safety issues raised by employees, and to ensure that the disinfection of former process areas in this facility are satisfactory. An amendment to the agreement with MWM is necessary to add professional services during construction. As the architect for the Primary Operations Building Remodel Project, their services are critical for the successful completion of this project. The cost ceiling for these additional services is $60,000. Staff also recommends that NPG Engineering be selected for the task of construction management, since District staff is not presently available. NPG Engineering has demonstrated successful construction management ability with several current projects such as the Ultraviolet Disinfection Facility Project and the Scum Odor Control Project. The overall amount of this agreement is $55,000. The project is included in the 1997-98 Capital Improvement Budget (TP-75). A post-bid pre-construction project estimate is presented in Attachment 2, and indicates the allocations requested by the General Manager-Chief Engineer for this project. Staff has conducted a cash flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEOA) Guidelines Section 18.2(b) since it involves minor alterations to an existing public sewage facility. Board of Directors' approval of this project, through its award of the construction contract, will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Authorize the award of the Primary Operations Building Remodel to N.E. Carlson, Inc., the lowest responsible bidder, for the amount of $1,900,585, authorize amendments of the agreements with MWM to add architectural services during construction, and with NPG Engineering for construction management services. Attachment 1 Central Contra Costa Sanitary District SUMMARY OF BIDS Project: DP 6095 Date: June 25. 1997 Engr. Est. $ 1.600.000 Location: Second Floor Conference Room 1 N.E. Carlson, Inc. 3 Fargo Company 2 GSE Construction . . . . . . . . ::~;:;!:::;::::;IIIIIIIIIIIIIIIIIII!lllllillllllllll!111111111:1111111:1111111111111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII::~:::::. . . .:~1;r::::::::::::::::::::::::::::" .'. $1,900,585 2,112,000 2,089,000 Bids Opened by: Date: June 25. 1997 Sheet No. 3 of 4 S:\POSPAPR\ 1997-98\6095.PP 2/6/97 Page 4 of 4 ATTACHMENT 2 PRIMARY OPERATIONS BUILDING REMODEL PROJECT POST-BID PRECONSTRUCTION COST ESTIMATE ITEM DESCRIPTION TOTAL PERCENT 1 · Construction Contract · Contingency (10 Percent) Construction Subtotal $ 1,900,585 190.415 2,091,000 100 2 Construction Management · NPG Engineering 55,000 · District Force Account 50,000 · Weld Inspection and Testing 20,000 · MWM Architects 60.000 Construction Management Subtotal $ 185,000 8.9 3 Other Costs · Trailer Rental 12,000 45.000 57,000 2.7 · Communications Network Upgrades Subtotal $ 4 Pre-Bid Expenditures $ 231.000 11.0 PROJECT TOTAL $ 2,564,000 122.6 ALLOCATIONS TO DATE 210,000 ADDITIONAL ALLOCATION NEEDED TO COMPLETE THIS PROJECT $ 2,354,000 S:\POSPAPR\ 1997-98\6095.PP 2/6/97 ~ {,entral Contra Costa Sanitary District BOARD OF DIRECTORS ............................................................................................. ............................................................................................. ............................................................................................. ..1"11,111.11.11111111 BOARD MEETING OF :,:-:.:....,:-"""R~L.,::::-:-:,:,:.)Jif.,.,.,"",)",:,':,:::,:,:,:-::::,:,::""""":,:"",,,.,.,.,.,.,.,-:-::,::::-:-:-::-:::::-', July 1 7, 1997 Page 1 of 1 NO. 8. ADMI N I STRATI VE a. DATE TYPE OF ACTION July 11, 1 997 APPROVE PROGRAM RENEWAL SUBJECT APPROVE RENEWAL OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM SUBMITTED BY Andrew Sniderman, MIS Administrator INITIATINGDEPTIDIV Administrative/M IS ISSUE: The MIS Committee is recommending renewal of the District's Employee Computer Hardware Purchase Assistance Program. BACKGROUND: The District's Employee Computer Hardware Purchase Assistance Program was initially approved by the Board effective July 1, 1995. Both the employees and the District benefit from this program. On the one hand, the program provides employees with a low cost resource to purchase a home computer. On the other hand, it benefits the District by providing an opportunity for employees to enhance their computer skills. The utilization of computers continues to increase at the District and there are now few staff positions that do not use a computer in some facet of their job. Employee's computer skills dramatically increase by working on their home computer, a benefit of the program gained at no cost to the District. Many District employees have taken advantage of this program. The revolving loan fund of $70,000 currently has $34,000 in outstanding loans with a $36,000 balance available for new loans. In the past two years, 57 loans have been extended for a total dollar amount of $104,000. The program will continue to operate from the same approved funds and will retain the same basic structure. Program Overview .:. The District will charge participants at the LAIF interest rate, and will get the same rate of return as it would if the loan fund were invested rather than extended to employees. .:. The program will continue to be administered by the Accounting Office according to the original program rules. Two changes are being recommended to simplify the program's administration: a minimum loan amount of $600 and only one outstanding loan at a time per employee for a maximum of $2,000 over the program's two year term. .:. Purchased Computers must be compatible with current District standards, and will require the review of the M IS Administrator. .:. The program will be reviewed in two years to evaluate it's effectiveness. RECOMMENDATION: Approve the renewal of Employee Computer Hardware Purchase Assistance Program effective July 1, 1 997. FOR BOARD AC710N DR PM /J;f ~ H:\WPDOCS\PC\COMPLOAN\Renewal Position Paper.wpd 911 6/96 ~ L~ntral Contra Costa Sanitar; District BOARD OF DIRECTORS :itl":':::':':::..rll:':':;:::':':;:;'I":':.I'.i:i(I':':::::'\'A':'i5:ii:EiIII:~ BOARD MEETJING 01 F 17 1997 ~r:::l1~~~~~.B;::::~t)~~1::::.'=~I~[~[\::~mI.m~~RRI~I~r u y , Page 1 of 3 NO, 9. ENGINEERING a. DATE TYPE OF ACTION July 14, 1997 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF MARTINEZ FOR SEWER RELOCATION AS PART OF THE PACHECO BOULEVARD IMPROVEMENTS PROJECT, DP 4950 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPTIDIV Engineering Department/Infrastructure Division ISSUE: Board of Directors' authorization is required for agreements with other public agencies. BACKGROUND: The City of Martinez is planning to improve a section of Pacheco Boulevard between Susanna Street and Potter Street in Martinez (see attached map). The road improvements include replacement of sidewalks and gutters, widening of the roadway, installation of a new water main, and undergrounding of various overhead utilities. Construction of the road improvement is planned to begin in fall 1997 and extend for approximately one year. District staff is nearing completion of design of the Martinez East Side Trunk Sewer Project, DP 4950. This project will replace approximately 22,000 feet of existing deteriorated sewers with new 24-, 15-, 10-, and 8-inch sewers. Construction of these new sewers will occur primarily on Ferry Street, Escobar Street, Court Street, Pine Street, and Pacheco Boulevard. Construction of the Martinez East Side Trunk Sewer Project is planned to begin in January 1998 and extend for approximately one year. Both the City of Martinez' project and the District's Martinez East Side Trunk Sewer Project will occur at approximately the same time. To avoid conflicts between the City and District contractors and to reduce construction impacts on the residents in the area, staff proposes that the portion of the Martinez East Side Trunk Sewer Project on Pacheco Boulevard between Susanna Street and Bush Avenue be constructed as a joint project with the City of Martinez' Pacheco Boulevard Improvements Project. District staff has negotiated an agreement with the City of Martinez for the joint sewer and road improvements project. Under the proposed agreement, the City of Martinez will be responsible for project bidding and construction management. For these services, the District will reimburse the City for 16.67 percent of the construction management and administration costs. The District will be responsible for the sewer construction costs and will provide construction staking, sewer construction inspection, and design services during sewer construction. District approval of the contract documents prior to advertisement and approval of the lowest responsible bidder prior to award by the City is required under the proposed agreement. REVEWED AI\f) RECOMNIENDED FOR BOARD A COON RAB 9116/96 INITIATING D;~ENTIDIVlSlON p/Jf 4,.- c wS cws ~ H:\PP\APRAGMTZ.CWS 1:"!ljll/iiiji"iji'i"IIIIIII:/lii/il'lllIllllliliiiililIllii/ill DATE July 14, 1997 I Page 2 of 3 SUBJECT AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF MARTINEZ FOR SEWER RELOCATION AS PART OF THE PACHECO BOULEVARD IMPROVEMENTS PROJECT, DP 4950 Staff has concluded that the District's portion of this project is exempt from the California Environmental Quality Act (CECA) under District CECA Guidelines, Section 18.3, since it involves replacement of existing public sewage facilities on the same sites as the facilities being replaced with negligible or no expansion of dry-weather capacity. Board of Directors' approval of the District's portion of this project will constitute an independent finding that this project is exempt from CECA. The estimated cost of the Pacheco Boulevard portion of the sewers proposed to be constructed under the joint project is $590,000. The Martinez East Side Trunk Sewer Project is described on pages CS-40 through CS-42 of the 1997-98 Capital Improvement Budget. RECOMMENDAllON: Authorize the President of the Board of Directors and the Secretary of the District to execute an agreement with the City of Martinez for sewer construction as part of the Pacheco Boulevard Improvements Project, DP 4950. ~ z ----..-.. N.1.5. MARTINEZ SCHOOL DISTRICT c ~ -0 /' N ~ o Q. /' '" o '" /' o '" '" .,. ~ ~ "8 ~ Central Contra Costa Sanitary District CJUNIOR _ 8CHOOLl r-- '" '!' -' ~ PACHECO BLVD DP PROJECT AREA IMPROVEMENTS 4950 ATTACHMENT o N ~ 1 ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::::I':':::;:':::.~iM:I':'..:I:::::::I':':::':'::::~1~::~:i;i.:~:i:::i:i:::i:: BOARD MEETIJNUG IOyF 1 7, 1 997 ;:::: .::::::::lifiill~[~~I{ ~lifl.:::::: ::::::::Mm~:Uirs.:::::::::::::: :::;:;:::::::;:;:;:::;:;:;:::::;:;:;:::;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:::;:;:;:::::::;:::::;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:; Page 1 of 6 NO. 9. ENGINEERING b. DATE TYPE OF ACTION July 14, 1997 CONFIRM ASSESSMENTS SUBJECT CONFIRM FINAL ASSESSMENTS FOR THE GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1 SUBMITTED BY INITIATING DEPTIDIV Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division ISSUE: Work has been completed on the Gary Way Contractual Assessment District No. 97-1 (C.A.D. No. 97-1), and final assessments can be established. BACKGROUND: The Board of Directors ordered improvements for the Gary Way C.A.D. No. 97-1 at its meeting held on April 17, 1997. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit A. Based on these final costs, the final assessments for each property has been determined and appears as Exhibit B, Assessment Roll. The Board is requested to confirm these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm assessments and authorize the recording of the Notice. This resolution is included as Exhibit C. RECOMMENDATION: Adopt a resolution confirming final assessments and authoring a Notice of Assessment to be recorded in the office of the County Recorder for the Gary Way C.A.D. No. 97-1. ~ AND RECOMMENDED FOR BOARD ACTION RAB (M; H:\JA Y\GARYCADl \FINASSES.PP 9116/96 EXHIBIT A GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1 FINAL COSTS ITEM QUANTITYI UNIT AMOUNT UNITS PRICE Construction 8-inch sewer 930 LF $ 65 $ 60,450 Landscaping 1 lump sum - 16,000 Standard Manhole 3 EA 3,000 9,000 4-inch lateral 12 EA 1,550 18,600 Pavement 1 lump sum 3.417 Construction Subtotal 107,467 Private Enaineerina Survey and Design 1 lump sum 4,100 Other Agency Fees 1 lump sum 1.300 Engineering 5,400 Subtotal District Services Plan Review 1 lump sum - 1,335 Construction Inspection 1 lump sum - 2,414 Administrative Charges 1 lump sum 1.500 District Costs Subtotal 5.249 TOTAL PROJECT COST (CONSTRUCTION + PRIVATE $118,116 ENGINEERING + DISTRICT) H:\JA Y\GARYCAD 1 \FINASSES .PP 9/16/96 EXHIBIT B GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1 ASSESSMENT ROLL Assessment Assessment Parcel Owner(s) Number Amount Description 1 $10,356.00 198-160-007 Edward P. and Jo A. Lindell 2 $10,356.00 198-160-006 John M. and Jane E. Fontius 3 $10,356.00 198-160-005 Kim Langley 4 $10,356.00 198-160-004 Roger D. and Dianne Ehlers 5 $10,356.00 198-160-003 George A. and Lucia L. Foster 6 $ 4,200.00* 198-160-002 Craig E. and Cara B. Chase 7 $10,356.00 198-160-015 Charles Wright, Jr., and Gladys Wright 8 $10,356.00 198-160-014 Wayne K. and Nancy Snyder 9 $10,356.00 198-160-013 George Alan and Lillian Hart 10 $10,356.00 198-160-012 Robert M. and Marian L. Cuenin 11 $10,356.00 198-160-011 Martin A. Parese, Jr., and Laurie Smith-Parese 12 $10,356.00 198-160-010 Ruth S. Feldman Total of $118,116.00 Assessments *Fixed by agreement between the parcel owners. H:\JA Y\GARYCAD 1 \FINASSES .PP 9116/96 EXHIBIT C RESOLUTION NO. RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING RECORDING DEMONSTRATION PROJECT-GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for the Demonstration Project - Gary Way Contractual Assessment District No. 97-1, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. Pursuant to Resolution No. 97-060, the Board adopted a map showing the boundaries of the land benefitted by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa on the 15th day of April, 1997, on page 12 in Book 60 of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention (Resolution No. 96-148) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Jay S. McCoy, Infrastructure Division Manager, as the Engineer of Work for the Assessment District, to prepare the report required by Section 5989.22 of the Streets and Highways Code. The improvement is generally described as follows: Construction and installation of approximately 930 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Gary Way in Alamo, California. 3. The Board of Directors conducted a public hearing on April 17, 1997, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program improvement and the extent of the Assessment District. 4. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. 5. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. H:\JA Y\GARYCADl \FINASSES.PP 9/16/96 Resolution No. Page 2 6. The Board found that the Engineer of Work, in the Engineer's Report, fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. 7. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 8. The work on the improvement has been completed and was accepted on June 26, 1997. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment has been sent to each property owner. 9. The final assessments for each property appears on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 10. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on July 24, 1997. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 7.25 percent compounded annually over a period of ten (10) years. H:\JA Y\GARYCADl \FINASSES.PP 9/16/96 Resolution No. Page 3 PASSED AND ADOPTED this 17th day of July, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California H:\JA Y\GARYCADl \FINASSES.PP Kenton L. Aim, District Counsel 9116/96 GARY WAY C.A.D. NO. 97-1 EVENT DATE Resolution of Intention Adopted October 1 7, 1 996 Engineer's Report Filed March 20, 1997 Public Hearing Held April 17, 1997 April 30, 1997 Plans Completed Work Started May 15, 1997 Work Completed June 26, 1997 Final Assessments Established July 17, 1997 INFRA\H:\JA Y\GARYCADl \CADSCHED.OH 7/17/97 ~u Central Contra Costa Sanitary District BOARD OF DIRECTORS lll:'j"llllilllllllllllililllllll I Iii 111.11 liiilllilll IIII Page 1 of 1 SUBJECT NO. 9. ENGINEERING c. DATE July 14, 1 997 TYPE OF ACTION ESTABLISH HEARING DATE ESTABLISH AUGUST 7,1997, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT SPECIFIC FACILITIES PLAN FOR WASTEWATER UTILITY SERVICE TO DOUGHERTY VALLEY AND TRIBUTARY PROPERTIES SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING OEPT IDIV Engineering/Planning ISSUE: It is appropriate to conduct a public hearing to receive comments regarding the draft Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties. BACKGROUND: Several County planning and environmental studies, as well as legal settlement agreements, have identified the District as the preferred wastewater utility service provider to future development in Dougherty Valley. To formally recognize the District as the appropriate service provider, the Contra Costa Local Agency Formation Commission (LAFCO) recently amended the District's Sphere of Influence (SOl) to include Dougherty Valley. Over the past several years, the Planning Division has completed several studies to determine the most appropriate method of providing wastewater utility service to Dougherty Valley and tributary properties. These studies weighed the technical and financial feasibility of many wastewater facility options and narrowed the choices to the two best alternatives: construction of a tunnel to transport wastewater out of the valley by gravity or construction of a Dougherty Valley pumping station. Given the District's recent annexation of the eastern half of Dougherty Valley (Windemere Ranch), in anticipation of an annexation request for the remainder of the valley later this year, and in light of the developments planned, approved, or under construction upstream of Dougherty Valley, it is appropriate at this time to finalize the District's facilities planning for this area. A draft Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties has been prepared by staff and is ready for public review. The Specific Facilities Plan summarizes the previous studies and recommends construction of the tunnel alternative due to its technical feasibility and financial, operational, and environmental superiority to the pumping station alternative. Other necessary downstream facilities also are recommended for construction over time. It is appropriate to receive comments in a formal public hearing prior to Board consideration of the staff recommendations. RECOMMENDATION: Establish August 7, 1997, as the date for a public hearing to receive comments on the draft Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties. 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CD~O .....-~'- -<Do. m cn Q) ~ 2:-' c: :!: m ,--""'- ..... ~ ::J ::J::J..c .....- . - 1'1\ '- '- \IoICD""'- .r::......--c ""'-mc: CD~m >Q)~ e Cii CD o.m= o.~m m\l-> -co~ C:c:~ COOCD .....- . - .r::. o.~ C) CD > ::J meo en 0.0 4& Central Contra Costa Sanitary District BOARD OF DIRECTORS . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . ..... .............................. ..... ,-,... . . ..... BOARD MEETING OF ::~:::IIIIIIIIIII.::::.IIIIEI1::::::: :t:::::;:f;{:::::::::::~:~:::::::::f::::~:~:::::~:~:::::~:;:::::::::::;:::::)" :":':':. ,":,., ,', ,'...:.:.,'. ::;:~:;:;:::::::::::::::::::;:;:;:::::;:;:r~:r Page 1 of 2 July 17, 1997 NO. 10. HUMAN RESOURCES a. July 11, 1997 TYPE OF ACTION ADOPT M.O.U. DATE SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' LOCAL NO.1, EFFECTIVE JUNE 26, 1997 THROUGH APRIL 17, 2000 SUBMITTED BY Paul Morsen, Deputy General Manager INITIATING DEPT /DIV Administrative ISSUE: The membership of the Employees' Association, Public Employees' Union, Local NO.1 ratified the attached Memorandum of Understanding (M.O.U.1 on June 30, 1997. The Board was notified of the membership's vote at its meeting of July 3, 1997. Accordingly, presentation of the M.O.U. to the Board of Directors for final adoption is now appropriate. BACKGROUND: The Memorandum of Understanding with the Employees' Association, Public Employees' Union, Local No.1, expired on April 30, 1997. With the assistance of State Mediator Ruth Blanco, Board representatives and representatives of the Employees' Association, Public Employees' Union, Local No. 1 agreed on June 26 to the Memorandum of Understanding provisions covering those employees designated as General Employees. The M.O.U. attached to this position paper reflects those agreements and will be effective June 26, 1997, per Board direction. Attached is written confirmation of ratification from the Employees' Association, Public Employees' Union, Local No. 1 Negotiating Committee. Highlights of the agreement are as follows: 1 . This agreement will be effective commencing June 26, 1997, and terminating April 17, 2000. 2. Effective June 26, 1997, the District will provide a 3.9% percent general salary increase. In the second year of the M.O.U., the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1997 to February 1998 base period with a floor of three percent (3 %), and a ceiling of six percent (6%). In the third year of the M.O.U., the wage adjustment shall be based on changes in the CPI for All Urban Consumers (S.F./Oakland) during the February, 1998 to February, 1999 base period with a floor of three percent (3%), and a ceiling of seven percent (7%). 3. The amount of leave time granted General employees remains unchanged from the previous M.O.U. REVIEWED AND RECOMMENDED FOR BOARD ACTION r' H:\PP\GENL-97.PP 9/16/96 ....................................................................................................1 .!..i.!.!I!.!!!II!!!!illlllilll.I.!!.!I!lliil!!I!!!!!!!!!!il!!il!! DATE July 11, 1997 I Page 2 of 2 SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' LOCAL NO.1, EFFECTIVE JUNE 26, 1997 THROUGH APRIL 17, 2000 4. The bargaining unit has agreed to the new health, dental, and vision care plans as recommended by the District's employee-management Health Care Task Force. The resultant cost savings by eliminating the Prudential medical, dental, and vision plans and implementing a HealthNet PPO plan and Delta Dental has been shared with the employees. Savings were also shared by improving coverage under the District's other two health plans; Kaiser HMO and HealthNet HMO. Higher levels and more choices of benefits will be available to employees at significantly lower cost to the District. Finally, the District will pick up the cost of Medicare Part B for retirees whose health plan requires enrollment in Part B. 5. The pay cycles have been standardized for all employees. 6. Nominal increases in the Tuition Reimbursement, dual health coverage option, and safety shoes have been granted. 7. The District will implement optional direct deposit for employee paychecks. 8. The Cafeteria Plan will be introduced to General group employees at $35.00/month per employee in the first year of the contract (for the period June-December, 1997), and an increase of $15.00/month per employee in the second year of the contract (calendar year 1998). The attached Memorandum of Understanding more clearly sets forth certain Personnel policies and procedures. A side letter to the new Memorandum of Understanding was executed as part of the agreement. The side letter provides for: · Convening an employee, mid-management and management task force to develop an incentive reward and recognition program during the course of this contract. The negotiating process that produced this agreement was difficult for all parties involved.. Indeed, negotiations came to impasse and the parties have been in mediation for the past two months. Strongly felt positions have been expressed. Now, however, with the adoption of this agreement, the stage is set for putting behind us the contentious give and take of negotiations and the feelings that it evokes so the District can come together as an effective team, with the support of the Board, to continue to provide the same high quality public utility service for which we are well known. RECOMMENDATION: Adopt the attached M.O.U between the District and the Employees' Association, Public Employees' Association Local No.1, effective June 26, 1997. Memorandum of Understanding Between Central Contra Costa Sanitary District and the Employees' Association, Public Employees' Union, Local One June 26, 1997 through April 17, 2000 ARTICLE I INTRODUCTORY PROVISIONS SECTION 1 RECOGNITION AND COVERAGE 1.1 Exclusive Representation: The Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No.1, hereafter known as the Union, is the formally recognized exclusive employee representative for all General employees. The Union shall represent all regular and permanent-intermittent General employees. SECTION 2 MANAGEMENT AND UNION RIGHTS 2.1 Union Rights: The Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No. 1 is the exclusive recognized representative of all employees of the District except Management and Management supporVConfidential employees. It is also recognized that the District and duly appointed representatives of the Association will meet and confer in good faith. The District, or any agent thereof, agrees that there will be no interference, restraint, or coercion against the Union or against any employee because of Union membership or Union activity. 2.2 District Rights: The rights of the District include, but are not limited to, the exclusive right to determine the missions of its constituent departments and divisions; set standards of services; determine the procedures and standards of selection for employment and promotion; direct, classify, and assign its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of District operations, including but not limited to the contracting or subcontracting of production, service, maintenance, or other type of work performed by the District; determine the methods, means, and personnel by which District operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise of such District rights shall not conflict with the express provisions of this memorandum. SECTION 3 NONDISCRIMINATION 3.1 Nondiscrimination: There will be no discrimination by the Union or the District or any agent of either of them because of race, color, creed, national origin, sex, disability, religion, or political beliefs. 3.2 Compliance with the Americans with Disabilities Act (ADA): The Union and the District agree to comply with all provisions of the Americans with Disabilities Act including reasonable accommodations for individuals protected under the Act. The District shall meet and confer with the Union prior to any accommodation which might require an exemption from the Memorandum of Understanding. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited as evidence of a past practice in the grievance procedure. 1 ARTICLE II SALARY PROVISIONS SECTION 1 SALARY 1.1 Merit Increases: Employees normally receive a salary range increase upon satisfactory completion of their Probationary Period and a merit increase of one salary step every twelve (12) months from the date they achieve permanent status until they reach the top of their range. This merit increase shall only be withheld based upon an unacceptable overall evaluation rating as noted in an Employee Performance Appraisal form. During the term of this Memorandum of Understanding (M.O.U.), the District shall use the Employee Performance Appraisal Form attached to this document. 1.2 Certification: Employees may be required to successfully complete certification requirements prior to receiving their salary increases, where required by law or job classification in their currently held position. 1.3 Paycheck Distribution: The District shall distribute paychecks on the last regular District working day of each month. However. if the emplovee so elects. distribution mav take place at the employee's written reGuest by courtesy deposit to the Contra Costa Federal Credit Union or direct deposit to any financial institution acceptina electronic transfer from the Federal Reserve Bank. Any outstanding Vacation, Siok leave and.for Earned O\'ertimo duo the employoo at the time of termination, retirement, or resignation will bo calculated and issued to the employee with the final paycheck. 1.4 Uniform Pav Periods: Emplovees shall be paid based on a pay oeriod from the 18th to 17th of each month commencinG 2/18/98. Durina the month of Februarv 1998. sick leave. vacation and/or comoensatorv overtime may be cashed in at 100% of its value to reimburse emp/ovees previouslY paid from the 1st to the last day of the month for anyone-time reduction in waGes which occurs as a result of the change in the pay oeriod. 1.5 ImDlementation of Direct Deposit: In order to accomplish direct deposit. the District shall move the DaY oeriod from the 21 st through the 20th of each month to the 18th throuGh the 17th of each month commencing 2/18/98. Any employee who was Dreviously paid on a Day oeriod from the 21 st through the 20th of the month. may cash in vacation. sick leave or comoensatorv overtime at 100% of its value to reimburse emDloyees for anyone-time reduction in wages as a result of the chanGe in the beGinninG date of the Day oeriods from the 21st to the 18th. 1.46 General Increases: Effective May 1, 1994, the District shall continue to contribute all of the employee's basic retirement contribution., and a one and eight tenths (1.8) percent general increase shall be provided to all employees co'.'ered by this Memorandum of Understanding. (During the period of this MOU, the employee will continue to contribute to the employee cost- of-living (COl) share of the retirement system as required by the Contra Costa County Retirement System.) AdditionallY. a three and nine-tenths oereent (3.9%) General increase shall be Drovided to all emDloyees covered by the Memorandum of UnderstandinG effective June 26. 1997. Effective May 1, 1995 Apri/18. 1998, the wage adjustment shall be based on Changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the 2 February 1997 to February 1998 base period. Depending on the CPI, the wage adjustment shall be at least twe three percent (3%), but no more than six percent (6%). Effective May 1,1996 Aari118. 1999, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February 1998 to February 1999 base period. Depending on the CPI, the wage adjustment shall be at least 1\\'0 and five tenths percent (2.5%) three Dercent (3%), but no more than seven percent (7%). 1.i 70ut-Of-Class Pay: Employees assigned to work in a higher classification in the absence of their supervisor shall receive a minimum of one salary step after one continuous week in the higher dassification. When a supervisor is absent for one or more continuous weeks and where more than one employee is assigned the supervisor's responsibilities at different times during the absence which may be less than one week per employee, then those employees shall receive a minimum of one salary step for the actual hours worked in the higher classification. 1.8 Terminal Compensation: A mandatory aortion of the emalovee's terminal compensation shall be contributed bv the District to the 401 (a) alan at termination. retirement or resianation as follows: · If terminal comDensation is more than $10.000. 50%: · IHerminal compensation is between $5.000 and $10.000.25%: ! If terminal comDensation is less than $5.000. 0%. In no case will the total 401 (a) contribution be in excess of Internal Revenue Code mandated limits in force at the time of retirement. Any outstandina Vacation. Sick Leave and/or Earned Overtime due the emDlovee at the time of termination. retirement. or resianation will be calculated and issued to the emDlovee with the final pavcheck. 1.6-9 Pumping Stations Operator II: The established salary range for Pumping Stations Operator II is G-64. However, those Pumping Stations Operator II's who are currently compensated at range G-65, shall continue to be compensated at the G-65 salary range for as long as they remain in the Pumping Stations Operator II classification. 1.1- 10 Utility Worker The established salary range for Utility Worker is G-45. However, those Utility Workers who are currently compensated at higher ranges shall continue to be compensated at the higher salary ranges for as long as they remain in the Utility Worker classification. SECTION 2 LONGEVITY COMPENSATION 2.1 Career Service Pay: A two and one-half (2.5%) percent career service pay increase will be granted to employees after ten (10) years of employment with the District. 3 SECTION 3 SHIFT DIFFERENTIALS 3.1 Work Week: The normal work week for full-time non-shift employees is eight (8) hours per day. Although most employees are scheduled to work Monday through Friday, some services and operations are currently scheduled on a 24-hour basis, seven days a week. 3.2 Night Shift Differential: Night Shift Differential applies only to employees who are regularly scheduled to work night shift. The rate of pay for the Night Shift Differential is determined by increasing the basic hourly salary for the job by seven and one-half (7 1/2%) percent. If the night shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. 3.3 Swing Shift Differential: Swing Shift Differential applies only to employees who are regularly scheduled to work Swing Shift. The rate of pay for the Swing Shift Differential is determined by increasing the basic hourly salary for the job by five (5%) percent. If the Swing Shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. SECTION 4 OVERTIME 4.1 Rate: Employees covered by this Memorandum of Understanding who work more than their regularly scheduled days are compensated at time and one-half of the regular basic pay. 4.2 Accumulation: Compensation for overtime work shall be paid at the next pay period, or the time and one-half hours may be accumulated as "Earned Overtime," to a maximum of forty (40) hours with an eighty (80) hour limit on Earned Overtime taken off per year. Exceptions to this limit for bona fide family emergencies shall be considered by the District on a case-by-case basis. When required to maintain the operations of the District, the District may require Overtime. Personnel in the Plant Operations Division who normally work a ten-day shift shall be granted an additional sixteen (16) hour limit on earned overtime taken off per calendar year. 4.3 Holiday Compensatory Time: An individual earns Holiday Compensatory Time when hislher regular day off falls on a holiday. Holiday Compensatory Time is recorded in the Accounting Office. Holiday Compensatory Time is earned at the rate of straight time and the time off is given at the rate of straight time. If a person terminates employment with the District before having used up hislher Holiday Compensatory Time, he/she shall be paid for it. SECTION 5 STAND BY AND CALL BACK TIME 5.1 General: Employees required to be on Stand-By Call are generally on call once every two (2) months for one (1) week. The employee on Stand-By Call receives nine (9) hours extra overtime pay (at one and one-half times the basic pay) for the week on call. Pumping Station Operators on Stand-By Call receive eleven (11) hours extra overtime pay (at one and one-half times the basic pay) for the week on call. In addition to the basic stand by compensation, the 4 employee receives a minimum of three (3) hours' pay at time and one-half overtime rate for each initial call. If a call requires over three (3) hours, the employee receives time and one-half pay for the actual time worked. 5.2 Minimum Call Back Pay: An employee not on Stand-By but who is called back to work shall be compensated at time and one-half for a three (3) hours' minimum for each call or time and one-half for the actual time worked. 5.3 Stand-By Compensation: The District shall compensate employees who are designated to perform stand by service. The compensation can either be in money or in earned time off leave, at the employee's option. Stand-By compensation is paid at the rate of one (1) hour of pay at each employee's overtime pay rate for each weekday and three (3) hours at overtime rates for each weekend day and each holiday. At the employee's election, he/she may request that hislher Stand-By compensation, or a portion of it, be credited in its equivalent rate to Earned Time Off leave until a maximum of forty (40) hours of Earned Time Off is accumulated. SECTION 6 CLASSIFICATION REQUIRING CERTIFICATION, REGISTRATION, OR LICENSE 6.1 General: Employees in any classification requiring certification, registration, or license must obtain said license, registration, or certification within one year of hire date or date of promotion or be subject to termination or demotion at the end of one year. 6.2 Class A1Class 8 Driver's License: The District shall pay the difference in cost between Class C driver's license and Class AlB driver's license for an employee who must renew or obtain his/her Class AlB California Driver's License. The District shall provide a vehicle to take the examination for the Class A or B license. 5 ARTICLE III MISCELLANEOUS PROVISIONS SECTION 1. MAINTENANCE OF MEMBERSHIP, AGENCY SHOP, DUES CHECKOFF 1.1 Application: Any current employee who is subject to the provisions of this M.O.U. and who is a member of Local 1 as of June 15, 1982, or any employee who joins Local 1 during the life of this Memorandum of Understanding shall maintain such membership or, in lieu thereof, pay to Local 1 an agency fee equal to the monthly dues for the duration of this agreement. Any new employee who is hired on or after July 1, 1982, and subject to the provisions of this Memorandum of Understanding, shall as a condition of continued employment either become a member of Local 1 and pay the initiation fee and dues or assessments uniformly required for acquiring and maintaining membership in Local 1 or, in lieu thereof, pay to Local 1 an agency fee in the amount of the initiation fee and dues as specified above. This obligation shall not commence until after the employee has completed thirty (30) days of employment. 1.2 Exclusions: Any employee who is a member of a bona fide religion, body, or sect which has historically held conscientious objection to joining or financially supporting a public employee organization shall not be required to join or financially support Local 1. Those employees may, in lieu of dues, initiation fees, assessments or agency fees, pay sums equal to such dues, initiation fees, assessments or agency fees to a nonreligious non-labor charitable fund exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code. The employee shall be required to verify to the Union such payments on a regular basis. 1.3 Union Responsibility: Local one shall indemnify and save the District harmless from any cost or liability resulting from any and all claims, demands, suits, or any other action arising from the operation of this provision, including the costs of defending against any such actions or claims. Local one agrees to refund to the District any amount paid to it in error. 1.4 Method of Payment: The District agrees to deduct, on a monthly basis, the periodic membership dues, assessments or agency fees from the paycheck of each employee who voluntarily executes and delivers to the District a valid dues check off authorization form approved by the District and the Union. The District further agrees to remit such monies to the Union not later than the fifteenth day of each month. Any employee who is required, as a condition of continued employment, to either join Local 1 or pay the agency fee, and who elects not to have such amounts paid by payroll deduction shall individually be responsible for remitting such sums directly to Local 1. 1.5 Failure to Comply: After thirty (30) days of employment and upon written notice from the Union of an individual's failure to comply with the requirements of this provision, such individual shall be notified by the District that hislher employment will be terminated within thirty (30) days of such notification if, by the end of the thirty (30) day period, the Union notifies the District that the requirement has not been met. 1.6 District Responsibility: All new employees shall be advised of their obligation under this provision upon their employment by the District and the District shall at that time provide payroll deduction authorization forms for the deduction of initiation fees, dues, or agency fee equivalents pursuant to this Section. 6 SECTION 2 GRIEVANCE PROCEDURE 2.1 General: It shall be the policy of the District and the Union to develop and practice reasonable and effective means of resolving difficulties which may arise among employees, to reduce potential problems, and to establish channels of communication. 2.2 Self Representation: The grievant may elect, in writing, to represent himselflherself rather than have the Union provide representation. If the grievant elects to represent himselflherself at this step, or at any later step, the Union shall be relieved of any further obligation of representation and shall be relieved of any obligation to share in any further expense of the grievance procedure. No resolution shall be inconsistent with the terms of this Agreement. 2.3 Matters Subject to Grievance: Any complaint an employee has concerning the interpretation or application of rules, regulations, policies, or procedures governing personnel practices, working conditions, wages, hours, and other terms and conditions of employment. 2.4 Matters Not Subject to Grievance: (1) The District policies, rules, and regulations as such; (2) A rating as given in an Employee Performance Appraisal; (3) Disciplinary and Termination Actions as outlined in Section 3; (4) Use of Birthday Leave. 2.5 Procedure: Step One The grievant shall, within fifteen (15) working days from when the employee knew or should have known of the occurrence, present and discuss any difference or grievance with hislher immediate supervisor. Both the grievant and hislher supervisor shall make a bona fide effort to amicably settle such differences. The supervisor shall respond within five (5) working days after the final meeting with the grievant. If, after this response, the grievant does not believe the problem has been satisfactorily resolved, then the grievant shall have the right to proceed to Step Two of this procedure within five (5) working days after receipt of the supervisor's written response. Step Two In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, within five (5) working days by the employee involved, and/or hislher representative(s) to the grievant's Department Manager. A meeting shall be arranged by the Department Manager within five (5) working days of receipt of the written grievance. The grievance shall be discussed with the grievant and pertinent facts brought to light. The Department Manager shall respond, in writing, within five (5) working days after the final meeting rendering the decision. Failure of the grievant to take further action within five (5) working days after receipt of the decision will constitute withdrawal of the grievance. 7 Step Three In the event such differences are not settled at Step Two and the grievant desires the grievance to be considered further, it shall be presented, in writing, within ten (10) working days to the General Manager-Chief Engineer or his designated representative who will discuss the grievance with the grievant, his representative or representatives, and with other appropriate persons within ten (10) days of receipt of the grievance. The General Manager-Chief Engineer may designate a person not in the grievant's normal line of supervision to advise him concerning the grievance. A record may be maintained of information presented. The General Manager-Chief Engineer shall render a decision, in writing, to the grievant within ten (10) working days after hearing the grievance. Failure of the grievant to take further action within five (5) working days after receipt of the General Manager-Chief Engineer's decision will constitute withdrawal of the grievance. Step Four In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, to the Secretary of the District within five (5) days of receipt of the General Manager-Chief Engineer's decision. The Secretary shall calendar the agenda item at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item. The Board shall employ a neutral third party to hear the matter and recommend action to the Board. The District and the Union shall equally share the cost. If the parties cannot agree on a neutral third party, then a list of five (5) neutral individuals shall be requested from the State Conciliation Service and the parties shall use the alternate elimination method to determine who shall conduct the hearing. The Board may adopt, reject, or modify the recommendation of the appointed neutral third party. The decision of the Board is the final action of the District. 2.6 Miscellaneous Provisions: No grievant shall, at any stage of the grievance procedure, be required to meet regarding the grievance with any supervisor or manager without organizational representation, nor shall any supervisor or manager be required to meet with the grievant regarding the grievance without benefit of counselor representation. No waiver of time lines must be granted either party due to the lack of available counsel. In certain grievances, the first and/or second steps may be deleted if the grievance arises out of an action by an authority above the level of the grievant's supervisor. However, such grievances will begin at a level no higher than Step 3 of this grievance procedure. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the lodging of an appeal at the next step of the procedure within the time allotted, had the decisions been given. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance. The time limits specified in this procedure may be extended, in any specific instance, by mutual agreement, in writing. 8 2.7 Group Grievances: If the grievance involves employees with different immediate supervisors, the grievance may be filed at the appropriate step of the grievance procedure. However, such grievance will begin no higher than Step 3 of this grievance procedure. 2.8 Employee-Processed Grievance: An employee covered by this Agreement may present a grievance directly and have such grievance adjusted without intervention of the Union as long as the adjustment is not inconsistent with the terms of this Agreement. 2.9 Grievance Witnesses: The District shall endeavor to make available for testimony in connection with the grievance procedure reasonable requests for District employees to appear when requested by the grievant, the Union, or the District. Any employee witnesses required to appear in connection with this article shall suffer no loss of normal pay, but will not receive any form of overtime compensation in connection with hislher appearance. Such employee witnesses are responsible for informing their immediate supervisor 48 hours in advance or as soon as reasonably possible. 2.10 Grievance Processing During Regular Working Hours: The grievant and hislher representative(s} shall normally be entitled reasonable time to process a grievance during normal working hours with no loss of payor benefits, provided the grievant has the permission of hislher supervisor. Such permission shall not be unreasonably withheld. 2.11 Separate Grievance File: All materials concerning an employee's grievance shall be kept in a file separate from the employee's personnel file which shall be available for inspection only by the grievant; his/her Representative with approval by the grievant; and management, supervisory, and confidential employees who can demonstrate a need to review the file. SECTION 3 DISCIPLINARY PROCEDURE 3.1 Disciplinary Action: A. General The District's disciplinary procedure is intended to advise the employee of less than satisfactory behavior or actions on the job, and it is intended to be used as a corrective measure for improvement. The District shall use progressive steps in the disciplinary procedure as follows: verbal warnings with discussion records, written reprimands, suspension, reduction in rank and/or pay. Notwithstanding the above, the disciplinary measures shall be commensurate with the offense or the continuation of offenses with which the employee is charged. B. Grounds for Discipline 1. Discourteous treatment of the public or fellow employee including discrimination and harassment that is detrimental to the function of the District. 2. Drinking of intoxicating beverages or use of illegal or unprescribed drugs on the job; or arriving on the job under the influence of such beverages or drugs; or failure to successfully complete a treatment program as agreed to by the District 9 and the employee in lieu of disciplinary action. It shall be the professional treatment provider's responsibility to determine whether or not an employee has failed to meet the requirements of successfully completing the program. An employee who fails to successfully complete treatment or counseling shall be subject to the previously proposed disciplinary action. If the employee successfully completes the program, all disciplinary action shall be suspended for a period of one (1) year after completion of the program. 3. Habitual absence or tardiness 4. Abuse of sick leave 5. Disorderly conduct 6. Incompetency or inefficiency 7. Violation of any lawful or reasonable regulation or order made and given by an employee's supervisor; insubordination 8. Dishonesty 9. Violation of District safety rules and regulations 10. Failure to perform duties 11. Misconduct 12. Storage, carrying or use of firearms or other items traditionally considered lethal weapons on District property 13. Loss of required valid California Driver's License in accordance with Article III, Section 17 14. Driving a District vehicle without a valid California Driver's License C. Written Notice All acts of discipline will be documented by a written notice to the employee stating the reasons and grounds for such discipline. The employee must acknowledge receipt of the warning by signing the same at the time of presentation; this signature signifies only receipt of the document, not necessarily agreement to the contents thereof. If employee refuses to sign, such will be noted on the form. All discussion records shall remain a part of the employee's personnel file for a period of 12 months assuming no continuation of similar offense. All records of discipline shall remain a part of the employee's personnel file for a period of three (3) years, assuming no continuation of a similar offense. Negative evaluations which are removed from the employee's personnel file after three years shall be maintained in a separate file by the District's Human Resources Manager to be used only in matters involving discrimination, litigation complaints or charges, and grievances alleging disparate treatment. An employee or 10 hislher Union representative, with written authorization of the employee, shall have the right, at any reasonable time, to examine and/or obtain copies of any material from the employee's personnel file in the Human Resources Office. It is the employee's responsibility to request removal of the above documentation from his/her personnel file by contacting the Human Resources Office. D. Human Resources Manager Any offense warranting disciplinary action, with the exception of suspension with pay, is to be cleared through the Human Resources Manager prior to any action being taken in order to ensure conformity with rules and procedures. E. Content of Notice After review and discussion with the Human Resources Manager, any disciplinary action which may result in suspension without pay shall be set forth, in writing, to the employee at least five (5) working days before the proposed effective date or dates. All notices of proposed action shall be personally served or be mailed by certified mail, return receipt requested, to the last known address of the employee(s). This notice shall be prepared by the Department Manager after consultation with the Human Resources Manager and shall contain the following: 1. A description of the proposed action and its effective date or dates, and the ordinance, regulation, or rule violated. 2. A statement of the acts or omissions upon which the action is based. 3. A statement that a copy of any available materials upon which the action is based is attached. This does not preclude either party from utilizing additional information if the matter should be appealed to the Board. However, this additional material shall be made available at least ten (10) working days before the date of appeal to the Board. 4. A statement advising the employee of the right to seek representation and to request a hearing as provided herein. 3.2 Dismissal of An Employee A. General: During hislher probationary period, an employee may be dismissed without cause by either the Board, the General Manager-Chief Engineer, or hislher Department Manager with the approval of the General Manager-Chief Engineer. This discharge is at the sole discretion of the District with no recourse under the grievance or appeals provision. A regular employee may be dismissed at any time by the Board of Directors, the General Manager-Chief Engineer, or his/her Department Manager for cause with the approval of the General Manager-Chief Engineer as stated herein. 11 If a promoted, regular employee is found to be unable to adequately perform under the increased responsibility of the new position during the probationary period, the employee shall be demoted back to the previously held position. No other employee in a permanent position shall be displaced by this action. B. Sufficient Cause for Dismissal 1. Conviction of a felony. (The District will consider the felony conviction in light of the employee's job duties performed.) 2. Fraud or misstatement of qualifications in securing employment. 3. Misappropriation of District funds or property. 4. Intentional or gross misconduct. 5. Failure to respond or improve as specified in Article III, Section 3.1.8. (1-13), or continued behavior as specified in Article III, Section 3.1.B.(1-13), after an evaluation or corrective action plan has failed to produce an improvement in the worker's performance. 6. Incapacity due to mental or permanent physical disability. 7. Gross violation of District safety rules and regulations. 8. Three consecutive days' absence without notice to the District shall be deemed sufficient cause for dismissal providing the employee fails to show satisfactory cause for such action. 9. Loss of required valid California Driver's license in accordance with Article III, Section 17. C. Notice of Dismissal After review and discussion with Human Resources Manager, all regular employees shall be provided with a notice of dismissal at least five (5) working days prior to the effective date. This notice shall be prepared by the employee's Department Manager after consultation with the Human Resources Manager and shall contain the following: 1. A description of the proposed action and its effective date and the ordinance(s), regulation(s), or rule(s) violated. 2. A statement of the acts or omissions upon which the action is based. 3. A statement that a copy of any available materials upon which the action is based is attached. This does not preclude either party from utilizing additional information if the matter should be appealed to the Board. However, this additional material shall be exchanged between the parties at least ten (10) working days before the date of appeal to the Board. Furthermore, no material 12 shall be based upon hearsay; it must be directly related to the original charges and it shall not be based on events more than three (3) years old, in accordance with Article III. Section 3.1.C.. Written Notice. 4. A statement advising the employee of the right to seek representation and to file an appeal as provided herein. 3.3 Fair and Impartial Hearing for Disciplinary Action and Dismissal of Employees A. Procedure A regular employee upon receipt of a notice of dismissal, demotion, or suspension may appeal. in writing. to the General Manager-Chief Engineer within ten (10) working days of the date of the notification. The General Manager-Chief Engineer may overturn, affirm. or modify the Department Manager's decision. Should the General Manager-Chief Engineer elect to affirm or modify such decision. then the General Manager-Chief Engineer shall schedule a fair and impartial hearing. The General Manager-Chief Engineer shall appoint the Deputy General Manager to act as the Hearing Officer or. if it has been determined that a conflict of interest exists, or in his absence, another Department Manager may be appointed. In either case. said hearing shall be scheduled within thirty (30) working days. At this hearing the employee may answer the charges against himlher, present any mitigating evidence, or otherwise respond to the Notice of Dismissal. The Hearing Officer shall issue hislher opinion and decision within five (5) working days of the hearing. The Hearing Officer may, based upon the evidence presented at the hearing, concur with the Department Manager's action, recommend a less severe disciplinary action. or order the employee reinstated with full back pay and benefits. B. Appeal to Board of Directors Regular employees dissatisfied with the Hearing Officer's decision. only in matters relating to suspension, reduction in rank or payor dismissal, may appeal to the Board of Directors pursuant to the procedures set forth herein. 3.4 Appeal A. General An employee, except as provided in Sections 4-410. 4-411. 4-412. and 4-415 in Chapter 4 of the District Ordinance Code. may appeal the Hearing Officer's decision by appealing to the Board via filing a written request for hearing with the Secretary of the District within ten (10) working days of receipt of the Hearing Officer's decision. The Secretary shall calendar the matter at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item. 13 B. Board Shall Designate Representative to Hear Appeal The Board shall employ a neutral third party to hear the appeal and to recommend action to the Board. C. Adopt or Modify Recommendation The Board may adopt, reject, or modify the recommendation of the Board-appointed neutral third party. The decision of the Board is the final action of the District. SECTION 4 HOURS OF WORK 4.1 Regular Work Week: The District's regular work week consists of forty (40) hours per week; eight (8) hours per day excluding a 30-minute lunch break and including two (2) paid 15-minute breaks. The Plant Operations Department, Engineering Department, and Collection System Operations Department all require special working schedules to meet the service demands of the public as well as maintain efficiency. 4.2 Alternative Work Schedules: The District establishes working hours which are consistent with the operating requirements and responsibilities of the various divisions and/or departments of the District. With the approval of the appropriate Supervisor, Division Manager, Department Manager, and the General Manager-Chief Engineer, the District will adjust or readjust the beginning and ending work day hours and/or work week based on a determination that the work or the operation of the unit or other functions of the District will not be impaired by such adjustment. An individual or group of employees within a work unit may request the District to adopt an alternative work schedule, with a written request to their supervisor, who will give full, prompt, and responsible consideration to such requests and forward such request to the appropriate department or division manager with a recommendation. The decision of the District in regard to granting or refusing to grant such requests for work schedule changes is subject to periodic review and/or revision by the District. If during a review of this policy the determination of the District is that modification is necessary, that shall be subject to meet and confer with the Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No.1. SECTION 6 TEMPORARY EMPLOYEES 6.1 Appointment limitation: A temporary appointment is limited to 2080 hours or eighteen months from the first date of hire. SECTION 6 APPOINTMENT OF RELATIVES 6.1 Officials: Members of immediate family of elected or appointed officials shall not be appointed to District employment. 14 6.2 Restrictions: Members of the immediate family of employees shall not be employed by the District. Those relatives appointed before July 1, 1982, shall not be appointed to the same division, nor shall be transferred, promoted or demoted into the same division, nor be placed in such a position as to evaluate a relative or be in the same line of supervision. 6.3 Definition: Immediate family members are defined as mother, father, brother, sister, son, daughter, in-laws, or grandparents. 6.4 Application: This provision shall apply to all types of employment status including temporary employees. SECTION 7 EMPLOYEE RECLASSIFICATION REQUESTS 7.1 Procedure: The District is responsible for determining the methods, means, and personnel by which District operations are conducted including, but not limited to, classifying and reclassifying personnel. However, if an employee has reason to believe that duties and responsibilities are being performed outside of the employee's class description so as to justify a reclassification, the employee may submit that evidence, in writing, through hislher Department Manager to the Human Resources Manager. The Human Resources Manager shall evaluate the written request with the Department Manager and render an appropriate recommendation. If the recommendation is that a reclassification is appropriate, then that recommendation shall be submitted to the Board of Directors for consideration. SECTION 8 LAYOFF 8.1 Provisions: If layoffs are deemed necessary by the Board of Directors, they will be done in accordance with the layoff provisions as specified in the District Ordinance Code, Chapter 4. The District agrees to meet and confer with the Union on the effects of such layoff. SECTION 9 PROMOTIONAL OPPORTUNITIES 9.1 General: Opportunity for advancement is important to the employee. For this reason, promotions and personnel advancement shall be made from within the work force wherever practicable. The District's Personnel Advancement Policy and Procedure provides employees in positions within designated job families the opportunity to promote to a higher class, without normal recruitment, upon meeting specified performance and testing criteria. The Policy provides flexibly staffed positions from "I" level to the "II" level. In some cases where the "III" level position within a job family is non-supervisory, this program provides employees who meet the specified performance and testing criteria to advance to the specified third level if an opening occurs at that level. 9.2 Eligible Classifications: Positions included in the Personnel Advancement Policy and Procedure are: 15 - Accounting Technician I to" to III - Buyer I to " to Senior Buyer (non-supervisory) - Engineering Technician I to II to 11/ (non-supervisory) - Graphics Technician I to" to 11/ - Household Hazardous Waste Technician I to II to Senior - Maintenance Coordinator I to II - Maintenance Crew Member I to II to Maintenance Crew Leader - Maintenance Tech I to II to Electrical Technician (non- (supervisory) - Maintenance Tech I to " to Instrument Technician (non- supervisory) - Maintenance Tech I to Maintenance Tech ". Machinist to Machinist ( non-supervisory) - Maintenance Tech I to " to 11/, Mechanical (non-supervisory) - Materials Coordinator I to II to III (non-supervisory) - Plant Operator I to II to "I - Pumping Stations Operator I to II - Secretary I to II to 11/ - Source Control Coordinator I to II - Source Control Inspector I to II - Staff Assistant I to " 9.3 Failure to Pass Examination: If the employee fails to pass the performance test for advancement, suggestions for improvement shall be made to the employee. The employee is eligible to retest after three (3) months. 9.4 Recommendation for Advancement: The recommendation for advancement shall be requested from the supervisor by the employee or initiated by the employee's supervisor based on the supervisor's evaluation that the employee's performance is completely satisfactory in the present position and the employee qualifies for advancement to the higher position. This recommendation must be approved by the Department Manager and the General Manager-Chief Engineer. A. The supervisor must file a written recommendation. B. When an employee requests a recommendation from hislher supervisor, it shall be the responsibility of the supervisor to respond to the request. 9.5 Salary Increase: Employees who advance to the second level position will be given a minimum of a one-step salary increase and will be on probation for six to twelve months. 9.6 Advancement to II Level: Entry level employees may be advanced to the journey level position (second level position) if the following requirements are met: A. The employee has been in the entry level position for a minimum of 18 months. 16 B. The employee has met the qualifications of the second level position by means of on-the-job training, experience, continuing education, and/or organizational certification as spelled out in the class description and department standards. C. The employee has successfully passed a performance test for advancement approved by the Department Manager and the Human Resources Manager. 9.7 Advancement to III Level: Second level employees may advance to the third level if the following conditions exist: A. The position is noted under" above. B. The employee has been in a second level position for a minimum of 12 months. C. The employee has met the qualifications of the third level position by means of on-the-job training, experience, continuing education and/or organizational certification. D. The employee must pass a standardized written and/or oral examination approved by the Department Manager and the Human Resources Manager with specific emphasis on the duties and skill required for the position. The District shall determine the method of evaluation as a means of measurement of knowledge, skills, and ability. E. There must exist an open position in the third level: 1. An employee in the third level vacating the position, or 2. The Board of Directors authorizing a new position at the third level. F. Employees who advance to the third level position shall be given a minimum of a one-step salary increase and will be on probation for a 12-month period. 9.8 Absence of Qualified Employees: If there are no employees at the II level who qualify for an opening at the III level, then the District shall institute open and promotional recruiting. SECTION 1 0 EXAMINATION PROCEDURES 10.1 Open/Promotional Opportunities: When an opening occurs for a position which is not included in the Personnel Advancement Policy, employees may compete on an open/promotional basis. Employees must meet the minimum qualifications of the open position to apply. At the conclusion of the recruitment and testing process, an eligibility list of candidates will be prepared. A District manager or hislher designated representative will interview and select from the candidates on the eligibility list in the following manner: the throo_four-highest ranking regular District employees shall be interviewed and any outside candidates who place among the top tAfee four candidates on the eligibility list shall be interviewed. 17 The top (6t four (4) internal applicants shall be invited to final selection interview. No external applicant shall be interviewed for final selection unless helshe scores in the top tAfee four of all applicants. In the event that a vacancy occurs or exists and the possibility of layoffs exists due to the elimination of a position or positions, management may limit recruitment. The District agrees to notify the Union of this occurrence, and the parties agree to meet and confer. SECTION 11 TRAINEE PROGRAM 11.1 Eligible Classifications: The District shall establish and maintain a Trainee Program for the classifications of Maintenance Technician 1/11, Pumping Stations Operator 1111, Plant Operator 1111, Maintenance Crew Member 1111, and Permit Services Technician. The purpose of this program is to provide advancement opportunities for District employees interested in the aforementioned positions. 11.2 Pre-Qualifications: - Valid California Driver's License - Completion of the twelfth grade or equivalent - Must be willing to work shifts on weekends and holidays if required by the position - Successful completion of a physical examination related to the type of work - Successful completion of related educational courses - Current regular employee of the Central Contra Costa Sanitary District 11.3 Selection: Selection of employees to be transferred to the Trainee Program will occur by the following procedural sequence: A. Position opening posted on bulletin boards for one week 8. Employee applies for transfer to Trainee Program opening C. Applicants are interviewed by a panel of one member of the Affirmative Action Committee, one supervisor, and one manager from the department where the Trainee position is open. Work performance and seniority shall be among the factors for selection considered by the committee. D. Interview panel recommends selection E. Department Manager makes final selection. Employees not selected may receive the reasons in writing upon request. 11.4 Promotion: The Trainee Program is intended to provide a period of preparation and training for promotion into the 1/11 series of Maintenance Technician, Pumping Stations Operator, Plant Operator, Maintenance Crew Member, and the position of Permit Services Technician. The training period will be for one year. At the conclusion of the one-year period and upon successful completion of the training course, the trainee will advance to the appropriate 1/11 dassification. If, during the training period, the supervisor and Department Manager determine 18 the employee's performance is unsatisfactory and after attempts to correct any deficiencies it is apparent to them that the employee will not successfully complete the training period, the employee will be transferred back to hislher formerly held position. Also, if the employee determines that he/she discontinues the program, he/she shall be transferred back to hislher formerly held position. A written evaluation will be completed every two months. Notwithstanding any other provision of the Memorandum of Understanding, an employee hired to replace a trainee may, at the discretion of management, fill the position until the recruitment is completed and vacancy filled. The posting for a Trainee position will only occur in the event of a vacant regular position. There will only be one trainee per classification. If applications for an open trainee position are not received by the filing deadline, recruitment will be advertised as open and promotional at the 1111 level. Employees in the trainee program will be eligible to apply for openings in any position within the job family at the 1111 level during the one year period of training. 11.5 Salary: Trainees will be compensated at the rate of pay in their most recent regular position unless such rate is higher than the I classification of the job for which they are training; in that case, the salary during training would be reduced to the I level. Normal step raises and seniority will not be affected by the transfer to the Trainee Program. If the Trainee's Performance Appraisal for a step raise is scheduled within the first ninety days of program participation, the evaluation will be completed by the immediate past supervisor. If the Performance Appraisal for a step raise is scheduled later during the training period, the evaluation will be completed by the supervisor the trainee reports to in the program. SECTION 12 LATERAL TRANSFERS 12.1 Definition: The movement of a regular status employee from a position within a department, or from a department to a regular position in another department in the same classification, is considered a lateral transfer. 12.2 Conditions: The following conditions must exist: A. An authorized position must be vacant and the Department Manager has determined that the vacancy within hislher department must be filled. 8. All individuals eligible (in the same classification), who are not on probation in their first year of District employment, and who submit applications to the Human Resources Office will be interviewed by the Department Manager when a vacancy exists and will be considered prior to any other recruitment activity. C. Factors to be considered regarding a transfer will include, but not be limited to, related experience, job performance, and seniority with the District. If all other factors are substantially equal, seniority will prevail in the selection of the transferee. D. The General Manager-Chief Engineer approves the transfer. 19 12.3 Procedure: Whenever a District-authorized position becomes vacant and another position exists in the same classification, then the District shall: A. Post a lateral transfer job announcement for a period of five (5) working days, prior to any other notice to recruit and include the following information: 1. Class description, positional duties, if appropriate. 2. Job location. 3. Department and division, supervisor, and hours at the time of position opening. 4. Final filing date. B. The District shall notify an applicant within ten (10) working days after the final filing date regarding acceptance or denial of the transfer. C. When a lateral transfer opportunity is posted and not filled, the position shall be filled in accordance with District Ordinance Code, Chapter 4. If a promotional examination is deemed appropriate, the examination posting period will be reduced so that the total time period for the posting of the lateral and promotional examination shall not exceed three (3) weeks. SECTION 13 SAFETY 13.1 Central District Safety Committee Membership: The District Control Safety Committee shall include four (4) members appointed by the Union. One appointee shall be from the Plant Operations DepartmenUMaintenance, the second appointee shall be from the Plant Operations DepartmenUOperations, the third appointee shall be from the Collection System Operations Department, and the fourth appointee shall be either from the Engineering or Administrative Department. 13.2 Responsibility: Those employees represented by the Employees' Association, Local No. 1 and the District shall work towards maintaining a safe working environment in all the District's divisions and departments. The District will continue to make reasonable provisions for the safety and health of its employees during the hours of their employment and maintain a strong safety program whose aim is to prevent accidents and injuries. 13.3 Purpose: The District's ongoing safety program is directed at preparing employees to recognize unsafe conditions and to avoid them and how to work safely in the vicinity of potentially hazardous conditions when it is necessary. 13.4 Cooperation: The employee shall cooperate towards this common goal by participating in the various safety programs developed by the District. 20 13.5 Substance Abuse: In cases where employee admits an alcohol or drug abuse problem that interferes with regular work duties, the District may offer the employee the option to hold in abeyance proposed disciplinary action and refer the employee for appropriate counseling or treatment. The District further agrees that an employee will not be dismissed while actively participating in such treatment or counseling programs. The determination of actively and participating in such treatment or counseling programs shall be made by the professional treatment provider of the service. The District shall provide this program to the first-time offender unless the District believes that the employee presents a clear and present danger to himselflherself, other workers, or the public. The employee may use all available leaves, including vacation, sick leave and compensatory time, in order to allow the employee to participate in the program. In addition, the employee shall have the right to access Article IV, Section 2.6 of the M.O.U. towards the cost of any program. SECTION 14 TOOLS AND EQUIPMENT 14.1 Uniforms: The District furnishes work uniforms and laundering of them for certain operational personnel. 14.2 Lockers: The District shall provide two (2) lockers for most of those employees required to wear uniforms during hislher working hours. Lockers are District property and may be searched by management at any time without advance notice. If the locker is to be inspected and the employee is on the job site, the employee will be allowed to be present, and shall have the right to have Union representation when the locker is inspected. The District will be responsible for replacing damaged locks. It is the employee's responsibility to secure hislher valuables. The District assumes no liability in the case of loss or theft. 14.3 Cars on District Business: When an employee is on District business requiring transportation, a District vehicle shall be used when practicable, with prior approval of the employee's supervisor. If a District vehicle is not available and the employee has the approval of hislher supervisor, a privately owned vehicle may be used on District business and be compensated on a mileage basis. District cars are not to be used on private business. Some employees whose work requires considerable driving and frequent call outs are assigned a District vehicle at the discretion of the General Manager-Chief Engineer. Employees who do not have personally assigned vehicles shall utilize the District vehicle pool. Each employee is held responsible for any traffic citations received. 14.4 Safety Shoes: Employees regularly exposed to foot injuries are required to wear safety shoes. Employees who are periodically exposed to foot injuries are advised to wear safety shoes. Employees will be informed by their immediate supervisor whether or not they are required to wear safety shoes. 21 Employees who are either required or advised to wear safety shoes shall be provided one pair of safety shoes by the District from a District-designated supplier at a cost not to exceed $ge 110 per pair of safety shoes, effective May 1, 1994 June 26. 1997; $100 $115 per pair of safety shoes, effective April 18, 1998 May 1, 1995; $4Q& $120 per pair of safety shoes, effective April 18, 1999 May 1, 1996, plus replacement if shoes become unusable while performing District business. Safety shoes requiring replacement shall be turned into the employee's immediate supervisor who makes the appropriate determination as to their replacement and notifies the employee on how to proceed with shoe replacement. SECTION 15 PROPERTY DAMAGE 15.1 Consideration for Replacement: The District discourages the use or display of personal property not required for the job by the employee at work. The District shall consider the replacement of damaged personal property on a case-by-case basis. SECTION 16 MilEAGE 16.1 Allowance: The District-wide mileage allowance for the use of personal vehicles on District business shall be paid as allowed by the Internal Revenue Service without tax consequences. SECTION 17 DRIVER'S LICENSE Employees required by their classification to possess a valid Class A, B, or C Driver's license must report any suspension or revocation of their driver's license to Personnel within 24 hours or the next regular work day of a conviction or loss of driver's license or driving privileges. In positions where possession of a valid California Driver's License is mandatory and an employee has hislher license revoked or suspended, the District may impose disciplinary action up to and including suspension, demotion, or termination. The District will consider reasonable accommodation options when practical for the duration of the employee's inability to perform duties. Discipline may be imposed only if reasonable accommodation options have been exhausted. Employees must report all citations received in a District vehicle before the end of the workday or at the start of the following workday for citations received outside of the District's regular work hours. 22 ARTICLE IV BENEFIT PROVISIONS SECTION 1 EMPLOYEE BENEFITS 1.1 Health Plans: Current regular or probationary employees hired by the District prior to May 1, 1985. shall be provided with a choice of three health olans. As of Julv 1. 1997. those olans are Kaiser. HealthNet HMO and HealthNet PPO. The oremium cost of the Dlans shall be borne bv the District. fully paid Kaiser Health Plan or Qual Med Health Plan. Should the cost of the Qual Med Health Plan exceed the cost of the Kaiser Health Plan by more than ten (10%) percent. the employee enrolled in Qual Med shall be required to contributo the premium amount above the ten (10%) percent differential. Those current employees. regular or probationary, enrolled in the Kaiser or Qual Med Health Plans may transfer to the Prudential Health Plan. at the time of open enrollment: hOY.Jever, the employee must pay the difforence in cost betv..een the plans. Employees currently covered by Prudential shall be allO'Ned to continue this program at District expense and any increase in the cost of the Prudential Plan will be borne by the District. Employees hired after May 1, 1985. will be provided with the District's Kaiser Health Plan at no cost or the Qual Med Health Plan in accordance with the above paragraph. If such employees choose to be covered by the District's Prudential Plan, the employees must pay the difforence in cost between the Plans. 1.2 Dual Health Coverage: Those employees having dual coverage under a health insurance program may withdraw from the District's health insurance coverage and, in lieu of such coverage. receive additional monthly compensation in the amount of $130.00145.00, effective June 26. 1997 May 1,1994; $125.00 150.00, effective May 1 April 18. 199&~; and $140.00 155.00. effective May 1Aori118. 199G~. Continuation of this program is subject to Health Plan carrier acceptance. 1.3 Benefits: The parties agree that in the event that federal health care reform legislation becomes effective during the term of this Agreement which calls for health and other benefits different, or under different terms than those provided for in the Agreement, they will immediately meet and confer for appropriate modifications. 1.4 Retirement: The District shall provide a retirement program for all employees covered under this M.O.U. District employees who were members of the Retirement Association on or prior to March 1. 1973, and who have vested thirty (30) years service in the Retirement Plan are not required to make any further contributions to the Retirement Plan. Those District employees so qualifying shall be entitled to receive a cash supplement to their compensation equivalent to and in lieu of any District payment as may be granted and made as a portion of employee retirement contributions to the retirement program. 1.5 Dental Plan: The District shall provide a dental care program for all employees covered under this M.O.U. 23 1.6 Eye Care Plan: The District shall provide a visual eyo caro program for all employees coverod under this M.O.U. The District health olans each orovide a vision/ooticalolan for their enrollees. The proarams vaN deoendina on the health plan. Emolovees who waive health alan coveraae also waive vision/ootical coveraae. 1.7 Disability Plan: The District shall provide a disability program for all employees covered under this M.O.U. 1.8 Term Life Insurance Plan: For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall provide a term life insurance policy equal to two times the employee's annual salary at Step E to a maximum of $50,000. For regular or probationary employees hired by the District after May 1, 1985, the District shall provide a term life insurance policy equal to one times the employee's annual salary at Step E to a maximum of $50,000. 1.9 Deferred Compensation: The District shall offer a Deferred Compensation Plan which affords employees the opportunity to defer receipt of a portion of their salary for savings purposes, thus taking advantage of deferring payment of income tax until withdrawal. To participate, the employee may defer up to the amount allowed by law. If the employee chooses to participate in this plan, the District will, in lieu of Social Security, contribute an amount equal to that which normally would have been contributed by the District to Social Security. 1.10 Continuance of Benefit Plan: The District shall have a program which provides a continued degree of responsibility to the employee upon retirement and to the dependents of a deceased employee. Tier I: The orogram for retired emolovees hired bv the District orior to Mav 1. 1985. and their aualified deoendents (as defined bv the alan orovider) who were covered as deoendents at the time of retirement. shall be covered bv medical. dental. and reduced life insurance olans (one- half of life insurance orovided at time of retirement for emolovees hired before Mav 1. 1985). Tier II: The oroaram for retired emolovees hired after Mav 1. 1985. and their deoendents will be covered bv medical and dental olans with the exceotion that the District shall onlv Day for the full cost of a retired emolovee's/deoendent's medical and dental alan oremiums until the retired emolovee's/deoendent's 65th birthday. At aae 65. the retired emoloyee/deoendent shall Day the District fifty (50%) oercent of the cost to the District for the emolovee's/deoendent's medical and dental coveraae. Dental insurance shall be continued onlv for the retiree and SDOuse uoon the emplovee's retirement. Retired emoloyees shall be orovided with reduced life insurance ($10.000). Common to all Retirees: At the time of an emolovee's retirement. all aualified dependents (as defined bv the alan orovider) who alreadv were deoendents at the time of retirement. shall continue to be covered bv the District's medical and dental olans in accordance with the Tier I and Tier /I benefits as stated above. The district shall have no obliaation to Day for coveraae for more than two-oartv (retiree olus one) coverage for any new and different deoendent added after the date of seNice retirement age (50 years of aae). Emolovees who receive a disability retirement prior to aae fifty may add deoendents until aae fifty (Note: oendina discussion with Board on Julv 17. 1997J. 24 The medical coveraae after aae 65 will be intearated with Medicare for all retirees regardless of hire date and eliaible deDendents UDan their 65th birthdav. If the retiree's/deDendent's health Dlan reauires enrollment at aae 65 in Medicare Part B. the retiree and/or derendent shall be resDonsible for Davina for the Medicare oremiums. Uoon submission of evidence of Davment to Medicare. the District will reimburse the retiree and/or deDendent far the cost of the Medicare premiums. However. the District will not be resDonsible for any renames or increased costs in the Medicare oremium should the emolovee and/or eliaible deDendent not enroll in Medicare durina the enrollment Deriad surroundina his/her 65th birthdav. The program for retired employees hired by the District prior to May 1, 1985, and their dependents shall provide for tho oontinuanco of modioal, dontal, and roduced lifo insurance plans (112 of lifo insurance at time of retirement) in force at the time of retirement. The program for retirod omployeos hired after May 1, 1985, and their dependonts shall pro':ido for tho continuation of modical and dental and roducod life insurance plans ($10,000 policy) in force at the time of retiroment v..ith tho oxcoption that tho District shall continuo to pay for the full cost of a retired omployoo's modical and dontal coverage until the employee's 65th birthday. At age 65, omployeo shall pay tho Diotrict 50% of tho oost to tho District for tho omployee's medical and dental coverage. Tho modical covorage after ago 65 .."ill bo integratod '....ith Medicare. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qualify for benefits as stated by the District's policies. 1.11 Registration Differential: The Central Contra Costa Sanitary District shall grant salary merit increases to regular employees who achieve registration or license as Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. Such merit increase shall be subject to the employee's demonstration of ability to assist in the accomplishment of District activities requiring a level of skills and importance normally expected from a person with such certification. The salary merit increase shall be in the amount of a one step increase of the employee's basic salary. Employees shall be responsible for producing the evidence of qualification for such merit increase to their respective supervisors for consideration under this policy. The Supervisor shall, upon receipt of the employee's evidence of qualifications, review such evidence and if found to be affirmative, give written recommendation for a merit increase to the Department Manager. Upon review and concurrence by the Department Manager, the recommendation shall be forwarded to the General Manager-Chief Engineer for his approval. If approved by the General Manager-Chief Engineer, the matter shall be presented to the Board of Directors for consideration. The District Board of Directors shall consider each recommendation of the merit increase, and, if granted, it shall become initially effective on the date that the employee makes written application to the Board indicating receipt of notification of the registration and/or license and will continue while that employee occupies a position not requiring such registration and/or license. 25 1.12 Employee Assistance Program (EAP): The District will provide an Employee Assistance Program. SECTION 2 VACATION 2.1 General: All employees, with the exception of Temporary status employees, earn paid vacation time from the first month of employment. However, a new employee without District tenure may not use any accumulated vacation time until after completion of six (6) months' service. Thereafter, accumulated vacation time may generally be used as desired, subject to the approval of the Department Manager subject to two (2) weeks' notice in advance. The schedule of vacation days and the maximum number of vacation days which may be accumulated and deferred is shown in the following tables. Once vacation leave or earned compensatory time is granted by the District, the leave may only be denied under emergency situations as determined by the Department Manager. If leave or earned compensatory time is requested to take place within thirty (30) calendar days of the request, the District shall grant or deny the leave within five (5) working days. 2.2 Vacation Earnings: A. Current regular or probationary employees hired by the District prior to May 1, 1985, earn ten (10) hours of vacation per month worked plus additional allowance for longevity after five (5) years. Years of Service Annual Vacation Allowance Maximum Number of Vacation Days Which Can be Accumulated and Deferred 0- 5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years 25-30 Years 30 & Over 15 Days 16 Days 17 Days 20 Days 25 Days 30 Days 35 Days 30 Days 32 Days 34 Days 40 Days 50 Days 60 Days 70 Days B. Regular or probationary employees hired by the District after May 1, 1985, earn 6.67 hours of vacation per month worked 0-3 years; and ten (10) hours of vacation per month worked 3-5 years; plus additional allowance for longevity after five (5) years worked. Years of Service Annual Vacation Allowance Maximum Number of Vacation Days Which Can be Accumulated and Deferred 0- 3 Years 3- 5 Years 10 Days 15 Days 20 Days 30 Days 26 5-10 Years 10-15 Years 15-20 Years 20-25 Years 25 & Over 16 Days 17 Days 20 Days 25 Days 30 Days 32 Days 34 Days 40 Days 50 Days 60 Days 2.3 Use of Vacation Accumulation: All employees shall be afforded one calendar year from the anniversary date to use such extra vacation days to or below the permitted maximum limits prior to any forfeiture of vacation days. 2.4 Accrual Credit: The extra days accrued due to service of over five (5) years are credited to each employee's account on hislher anniversary date. Employees are notified as they reach the maximum accrual limit. 2.5 Termination: If an employee leaves the District for any reason, he/she will be paid for any earned vacation time not used. 2.6 Payment of Accumulated Vacation Time: A. Employees may request payoff of accumulated vacation time. 8. Payment shall be considered if the applicant can demonstrate the need for payment to alleviate serious financial problems. C. Employees must have either taken 10 days of vacation time within the calendar year of application or have accrued sufficient vacation time to take a mandatory ten days of vacation time off within the calendar year of application. D. The maximum number of days which will be considered for payment in anyone calendar year shall be twenty (20) days. E. The employee shall submit a letter of request for payment of accumulated vacation to his/her Department Manager which shall include the number of days pay requested and the reason for the request. The request will then be submitted to the General Manager-Chief Engineer. If all of the conditions specified above are satisfied, the request will be considered. The above policies do not apply to termination of employment or retirement. 2.7 Integration of Volunteer Pay: District employees who are volunteer police or fire fighters shall be allowed to integrate vacation pay with police or fire fighter pay for the period of time they are called to serve in a civil or state emergency. SECTION 3 HOLIDAYS 27 3.1 Holiday Schedule: There are thirteen (13) paid holidays. o New Year's Day (January 1) o Veteran's Day (November 11) o Martin Luther King, Jr.'s Birthday (Third Monday in January) o Thanksgiving Day (Fourth Thursday in November) o Lincoln's Birthday (February 12) o Day after Thanksgiving o Washington's Birthday (Third Monday in February) o December 24 o Memorial Day (Last Monday in May) o December 25 28 o Independence Day (July 4) o December 31 o Labor Day (First Monday in September) 3.2 Weekend-Designated Holidays: If a designated holiday falls on a Saturday, the preceding work day not a holiday shall be deemed to be the holiday and if the holiday falls on a Sunday, the following work day not a holiday shall be deemed to be that holiday. 3.3 Holiday Compensation: All employees, with the exception of Temporary status employees, who are required or authorized to work on a holiday listed above, will be paid at the rate of time and one-half the normal regularly assigned basic pay rate in addition to the normal monthly pay except for New Year's Day, Thanksgiving Day, and Christmas which will be paid at a double-time rate in addition to the normal monthly pay. Employees required to work on a Friday immediately preceding a holiday or Monday immediately following will receive pay at time and one-half the normal basic pay rate or receive time and one-half off at a later date. SECTION 4 LEAVES 4.1 Sick Leave: Current regular or probationary employees hired by the District prior to May 1, 1985, earn fifteen (15) days' sick leave per year. Regular or probationary employees hired by the District after May 1, 1985, earn twelve (12) days' sick leave per year. Sick leave is to be used only in case of real sickness, disability, medical or dental care for the employee, or up to ten (10) days annually may be used to attend to the health needs of an immediate family member. If all accumulated sick leave is used, earned vacation time may be used as sick leave in order to receive full regular pay. Probationary employees are eligible to use earned sick leave as required. 4.2 Doctor's Release: If absence due to illness or injury exceeds five (5) working days, the District may, through the Human Resources Office, require a doctor's release upon the employee's return to work. However, the District may, after consultation with the employee and with advance written notice, require a doctor's release to return to work for any sick leave time taken. In cases where the District has cause to believe it would be in the employee's best interest, for reasons of health and safety, the District may require a Functional Capabilities Evaluation signed by the employee's treating physician or the District's Occupational Health Physician before the employee is allowed to resume full duties after an illness or injury. In the event the employee is not able to have the Functional Capabilities Evaluation form completed immediately, the District will accept a less complete release signed by a medical doctor for a period of five (5) days to allow for the return of the Functional Capabilities Evaluation form. 4.3 Notification: An employee must notify the immediate supervisor if calling in sick at the beginning of the employee's assigned work hours; if the immediate supervisor is unavailable, then the notification shall follow the chain of command. 29 4.4 Sick Leave Accumulation: Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. 4.5 Sick Leave Incentive Benefit: For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall augment the regular sick leave policy with an incentive benefit using a formula crediting eighty five (85%) percent of the employee's yearly unused sick leave to an accumulating account for that person. For regular or probationary employees hired by the District after May 1, 1985, the following schedule shall apply: Years of Payoff Credit Payoff Credit Service at Termination at Retirement o - 5 Years o Percent o Percent 5 - 10 Years 25 Percent 25 Percent 10 - 25 Years 25 Percent 35 Percent 25 and Over 25 Percent 40 Percent Payment for all credited sick leave will be made upon retirement or termination of employment only if the employee provides the District with a minimum two (2) weeks' notice. 4.6 Work-Incurred Injuries: The District's policy for charging sick leave for work-incurred injuries or illness shall be as follows: An employee requiring medical attention for a work-incurred injury or illness will not be required to charge the portion of time spent on the day of injury receiving medical care to hislher sick leave record. After the doctor has released the employee from his office, any additional time off on that day will be charged to the employee's sick leave account. The day the injury or illness occurred is considered to be the first day of the three-day waiting period required by State Compensation and the District Salary Continuance Plan. 4.7 Salary Continuance Plan: It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work-related injury or illness. This plan commences if the employee qualifies for temporary disability payments from Worker's Compensation for the disability and, if in the opinion of the District, the disability is work-related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy (70%) percent of gross compensation less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever occurs first. 30 The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves work as a result of the injury or illness after a three-day waiting period. However, if the injury or illness causes disability of more than twenty-one (21) days or necessitates hospitalization. the Salary Continuance Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual or earned overtime during this waiting period. 4.8 Death in Family: In the event of a death in the immediate family member of an employee, the employee may, after notifying his/her supervisor, be absent up to a maximum of fi.:o (6) ten (10) days and have the time off charged to his/her sick leave account. Accrued vacation time may be used if additional time is required. If the employee does not have sufficient vacation time or earned overtime available, he/she may use up to three days of leave without pay, with Department Manager approval. "Immediate Family" consists of the following persons; mother. father. husband. wife, brother. sister, son. daughter. in-laws, or grandparents. Verification may be required. 4.9 Jury Duty: If an employee is called for jury duty. he/she may either take the time off with pay and turn over to the District any monies received (not including mileage allowance or meal expense) as a juror, or he/she may take vacation leave or leave without pay and keep all the monies paid to the employee. Mileage allowances shall be kept by the employee under any circumstances. Shift workers summoned for jury duty shall be rescheduled to avoid serving on jury duty during the day and working at night on the same day. 4.10 Military Leave: Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code. Section 395 et seq.). 4.11 Pregnancy Disability: For the purposes of State Disability Insurance. Pregnancy Disability Leave is effective the first date the employee is disabled. e.g.. if an employee's last day of work is 9/1. and the baby is delivered on 10/1. then the effective date of Pregnancy Disability Leave will be 9/1. The District will require verification from the employee's physician. Upon termination of the disability. (generally six weeks following a regular delivery; eight weeks following a Caesarean Section. or the length of the disability), the employee will no longer be able to use sick leave. but will be allowed to use any accrued vacation. earned overtime or leave without pay. The combination of time off for approved Pregnancy Disability Leave and Family Medical Leave may not total more than seven months per occasion. This requires the approval of the Department Manager. 4.12 Leave of Absence Without Pay: Employees may request a leave of absence without pay through his/her supervisor. A leave of absence without pay for up to thirty (30) working days may be approved by the Department Manager and the General Manager-Chief Engineer. Longer leave shall require the approval of the Board of Directors and may be made if there is a compelling reason and the employee's work unit will not be unduly affected by the employee's absence. During an extended leave, the employee's employment status and seniority will remain unchanged. Health plan insurance benefits will be continued for only medically-related 31 leaves. However, all other rights, privileges, and benefits of employment are suspended until the employee's return to active employment. 4.13 CourtJWitness Appearances: All employees who need time off work to attend legal proceedings must give advance notice of the need for such time off. A. The District will compensate an employee as if the employee was at work for time spent attending legal proceedings under the following circumstances: 1. Attendance at arbitrations held pursuant to this MOU; 2. Responding to a subpoena or notice of deposition except as noted below in Section 4.13 c; 3. Attendance at a legal proceeding at the instruction of District management. B. The District will not compensate an employee as if the employee was at work for attending a legal proceeding under the following circumstances: 1. If the employee is an expert witness; 2. If the legal proceeding is against the District and the employee is a plaintiff in that action; 3. If the employee is a plaintiff or defendant to the legal proceeding and the proceeding does not involve the District. Such employee must apply for vacation leave, earned overtime, or leave of absence without pay. 4.14 Family and Medical Leave: The District will comply with the provisions of the Family and Medical Leave Act and the California Family Rights Act. The District will require an employee to exhaust hislher sick leave prior to considering a leave of absence without pay for the purposes of family or medical leave. 4.15 Birthday Leave: Each employee covered by this agreement shall receive a paid leave day for their birthday. This day shall be taken on the employee's birthday during the calendar month of the employee's birthday on a date mutually agreed upon by the employee and the supervisor. If this day is not used during the month of the employee's birthday, it is lost. Under circumstances will the employee receive any premium, holiday pay, or additional compensation for working on their birthday. Nothing involving the date selected or the method of selection shall be subject to the grievance provisions of the Memorandum of Understanding. B. If the birthday is on a Saturday, it '....iII be taken on Friday; if it falls on a Sunday, it will be taken on Monday. C. If the le~lVe cannot be taken on the birthday because of District work demands, it must be tal(en 'Nithin two weeks after the birthday on a date mutually agreed upon by the employee and supervisor. 32 4.16 Cafeteria Plan: Commencing Julv 1. 1997. the District's Cafeteria Plan shall be available to all emDloyees covered by this Memorandum of Understandina. The District shall contribute $35 rer month and an additional $15 rer month on January 1. 1998. brinaina the total to $50.00 Der month for each emDloyee. However. due to IRS restrictions on midyear Dlan chanaes to cafeteria Dlans. in lieu of $35 per month for the June 1997 throuah December 1997 oeriod. a one-time allocation of $245 to the Cafeteria Plan will be made in January 1998 for the January 1998 throuah December 1998 Plan Year. SECTION 5 MEAL ALLOWANCE 5.1 Stand-By: Employees other than Operations personnel who are on paid stand by and called in will receive a 60-minute paid meal break after four (4) hours' overtime work, but not meal allowance. 5.2 Call-In Not on Stand-By: Those called in who are not on stand by, other than Operations personnel, will receive a paid 60-minute meal break after four (4) hours' overtime work. In addition, they will receive a $11.00 12.00 meal allowance. Operations personnel will receive the meal allowance, but not the paid meal break. 5.3 Unscheduled Hold-Over: Employees other than Operations personnel who are held over on shift will receive a paid 60-minute meal period plus a $44:00 12.00 meal allowance after four (4) hours' overtime work. Operations personnel will receive the meal allowance, but not the paid meal break. 5.4 Scheduled Overtime: Employees who are on scheduled Overtime who are not holdovers will receive neither a meal allowance nor a paid meal period. A minimum of twenty-four hours' notice to work overtime shall constitute scheduled overtime. 5.5 Common to All: All employees other than Operations personnel who work in excess of four (4) hours after completion of the first meal period will be entitled to a second meal period and payment of $11.00 .12.00. Operations personnel will receive the meal allowance, but not the paid meal break. Meal periods and meal allowances will be paid only for overtime hours and will not be paid for scheduled working hours. The paid meal period includes cleanup time. Receipts will not be required for meal allowances. The meal allowance will be paid by separate check according to the accounts payable cycle. SECTION 6 TRAINING 6.1 Training and Development Policy: It is the goal of the Central Contra Costa Sanitary District to carry out its responsibilities with the best possible balance of effectiveness and economy. This goal can best be accomplished by helping its employees develop the skills, knowledge, and understanding to perform essential tasks. The development of the skills, knowledge, and understanding is the responsibility of each employee and will be supported by the District through a flexible program of employee training and development. 33 This program will include, but not be limited to, education tuition reimbursement, seminars, conferences, training sessions, and on-the-job training. 6.2 Education-Tuition Refund Policy: The District will reimburse employees (with the exception of those in a temporary status or on a L.O.A.) desiring to further their education for the purpose of improving their on-the-job-performance. Approval will be given for courses within the scope of the employee's employment field and District job responsibilities, and for training for higher positions within the job family. Class and study time must be outside of the employee's working hours, and the completion of the course must result in at least a C grade or its equivalent. The maximum tuition refund to an eligible employee shall not exceed-$eaG per fiscal year, effective May 1, 1994; $675 ef.fecti'le May 1, 1995; and $700 effective May 1, 4-9-96.June 26. 1997. An employee may elect to apply part of the tuition refund toward the purchase of course-required textbook(s), which will then be retained by the District at the completion of the course. Requests for the budgeting of education tuition refunds must be submitted to the employee's Department Manager by March 15 of each year. The District will notify employees in February of each year of the March 15 deadline. 34 ARTICLE V CONCLUDING PROVISIONS SECTION 1 SAVINGS 1.1 Invalidation: If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Memorandum of Understanding shall not be affected thereby. In the event of invalidation of any section of this Memorandum of Understanding, the parties agree to meet and confer within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such section. SECTION 2 APPLICATION 2.1 Waiver: This Memorandum of Understanding states all agreements between the District and those employees represented by the Union and constitutes a clear and unequivocal waiver of any benefit or privilege not specifically stated in this Memorandum of Understanding. 2.2 Practices: Should the District take action to change its practices in subjects within the scope of meet and confer as specified in Government Code Section 3500 et seq. which are not a part of this Agreement, the District agrees to meet and confer before taking such action. SECTION 3 TERM 3.1 Length of Agreement: This Memorandum of Understanding shall remain in full force and effect from May 1, 1904 through /\pril 20, 1997.June 26, 1997 through April 17, 2000. SECTION 4 DISTRIBUTION OF AGREEMENT 4.1 Shared Cost: Following ratification of this Agreement by both parties herein, said parties shall share equally the cost of preparing and distributing a sufficient number of copies to all members of the bargaining units and designated management personnel. Additionally, the District shall distribute a copy of this Agreement to all new employees covered by the Memorandum of Understanding. SECTION 5 SIGNATURES TO AGREEMENT 5.1 Signatures: Signed and entered into this 20th day of May 1994, 10th day of July, 1997 subject to the approval of the respective parties. 35 TRA COSTA SANITARY DISTRICT ~ -,q.=Z4/A~ Cathryn R. Freitas .", , \ z/ Paul Kelly .,----2 ~ ~~ A t56z{J0-_ Richard Boylin ~~t.I~ ~j(~'i~L' lo0i.'uv ~~ia Harris ~ ~ ./ ---- Mark Benson 1/1~dA Rudy Je klns, Business Agent 70 Central Contra Costa Sanitary District FAX: (510) 676-7211 ROGER J. DOLAN General Manager Chief Engineer KENTON L AIM Counselfor the District (5/0) 938-1430 JOYCE E. MURPHY Secretary of the District July 9, 1997 Mr. Rudy Jenkins Public Employees' Union, Local No. 1 P.O. Box 222 Martinez, CA 94553 Dear Mr. Jenkins: The District will form an Ad Hoc Committee made up of representatives from each bargaining group to develop an Employee Recognition Award Program to recommend to the Board of Directors. The membership of this Committee will have equal representation from each group. The Public Employees Union, Local 1, will be invited to select their member representation for this Committee no later than November 1, 1997. The Committee shall have its first meeting no later than November 14, 1997. Sincerely, , .. i~---//~ C Agreed - Rudy Jenkins /. /~ /C/ l 1'101'17 Date H:\SIDEL TR.REC @ Recycled Paper