HomeMy WebLinkAboutCAP082511Central Point
City Hall
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingier
Ward II
Belly Geiger
Ward III
Ellie George
Ward IV
1~llen Broderick
At Large
Carol Fischer
Isay Harrison
Administration
Phil Messina, CitS~
Manager
Chris Clayton, 1~ssistant
CitS~ Manager
Deanna Casey, City
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev 1~dams, Director
Human Resources
Barb Robson, Director
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
)on Zeliff, Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
August 25, 2011
Next Res. 1310
Next Ord. No. 1953
[. REGULAR MEETING CALLED TO ORDER - 7:00 P.M.
[I. PLEDGE OF ALLEGIANCE
[II. ROLL CALL
[V. PUBLIC APPEARANCES
V. CONSENT AGENDA
Pg. 2 - 6 A. Approval of August 11, 2011 City Council Minutes
7 B. Approval of 3"` Annual Mayors United Campaign
Proclamation.
8 C. Declaration of Vehicles to be Surplus
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
. 10 - 35 A. Resolution No. A Resolution Ratifying the
General Service Collective Bargaining Agreement and.
Authorizing the Mayor and City Manager to Sign the
Agreements (Clayton)
VIII. BUSINESS
37 A_ Medford. Water Commission Rate Compromise Proposal
(Clayton)
39 - 46 B. Medford Water Commission Revised Agreement
(Samitore)
LY. MAYOR'S REPORT
Y. CITY MANAGER'S REPORT
YI. COUNCIL REPORTS
YII. DEPARTMENT REPORTS
VIII. EYECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of aii executive
session are not for publication or broadcast.
YIV. ADJOURNMENT
Consent Agenda
CITY OF CENTRAL POINT
City Council Meeting Minutes
August 11, 2011
REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Carol
Fischer, Kelly Geiger, Kay Harrison, and Ellie George were
present.
City Manager Phil Messina; City Attorney Paul Nolte;
Police Chief Jon Zeliff; Community Development Director
Tom Humphrey; Parks and Public Works Director Matt
Samitore; Finance Director Bev Adams; Captain Kris
Allison; and City Recorder Deanna Casey were also
present.
IV. PUBLIC APPEARANCES
Gordon Wood, Purple Heart Award Veteran and Medford Resident
Mr. Wood thanked the Council for the support and help they gave to the War
Memorial located in Don Jones Park. He is concerned that Veterans are charged
to reserve the gazebo at the park. He feels they have fought and been injured for
our country and should be able to reserve the park faculties without paying a fee.
He has inquired about reserving the gazebo at Don Jones park for an annual
picnic for the recipients' of Purple Hearts in the valley. They were surprised that a
fee would be charged to them and have asked the Council to waive this fee for
Veterans.
There was discussion about returning this request to the Parks and Recreation
Commission who did the original work on the fee structure. Most of the Council
was in favor of waiving the fees for Veterans or setting in place a refundable
deposit. The new rules for park fees should be fair across the board. The City
will still be responsible for maintenance and clean up after these events fee or no
fee.
Kelly Geiger made a motion to wave the Park Reservation Fee for the
Purple Heart Association and send the fee schedule back to the Parks and
Recreation Commission for revisions regarding Veterans. Carol Fischer
seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes;
Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes.
Motion approved.
CAP081111 Page No. 2
V. CONSENT AGENDA
A. Approval of July 28, 2011 City Council Minutes
Allen Broderick made a motion to approve the Consent Agenda as
presented. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce
Dingier, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank
Williams, yes; and Ellie George, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA -None
VII. BUSINESS
A. Preliminary June 30, 2011 Financial Statement
Finance Director Bev Adams presented the unaudited June 30, 2011, financial
statement. This statement is preliminary. Not all of the payables have been
posted. She felt it was important to provide an overview of the previous year
before the final audited statement is presented to the Council in the fall.
The City budgeted very close to the actual revenue we received. The water fund
is below predicted amounts due to two years of wet springs and short summers.
There was discussion regarding the water fund, is the difference because of the
new rates, conservation or the weather.
Part of the increase in revenue was the unprecedented tax collection totals for
Jackson County. Banks are trying to list property that has been in foreclosure
and were forced to pay back taxes or liens before they could sell the properties.
This resulted in a 108% of tax revenue for this year.
Expenditures came in at 92% overall. This indicates that there is not much
surplus for the city at this point. Departments have been asked to save and cut
back on as many expenses as possible without cutting services. Department
budgets have been cut in order to save money and all departments have done
very well. Mrs. Adams stated that we have cut all that we can from our budgets
without cutting services. Staff will return to Council with the Annual Financial
Statement in November when the Auditors have completed their review.
B. Award Design Contract for Front Street/US Hwy 99W Bicycle,
Pedestrian, and Streetscape Project
Parks and Public Works Director Matt Samitore explained that the city advertised
for a Request for Qualification for the Front Street Design Project. We received
nine qualified applications. All the applicants are Oregon firms and several are
from the Rogue Valley.
A contemporary design was done in 2005. Today the qualified firm presented a
total for the project that is higher than the city projected. Mr. Samitore suggested
CAP081111 Page No. 3
that the city hold off on awarding the Design Contract until we can agree on a
price that will fit within our budget. We did receive a partial grant for this project to
go along with city funds.
Council would like to be reminded of the scope of the project before awarding
final bid. Staff will provide a refresher for the Council before a recommended is
returned.
C. Planning Commission Report
Community Development Director Tom Humphrey presented the Planning
Commission Report for August 2, 2011.
The Planning Commission was presented with the Regional Plan
recommendation and corresponding amendments made by the Jackson
County Planning Commission to the Board of Commissioners. Our
Commission was asked to consider the amendments related to Central Point
and to advise the City Council as to what input should be provided in time for
their public hearings and deliberations. The Commission asked planning staff
to modify some of the amendments which they will review at their next
meeting and forward to the Council. Modifications are associated with
agricultural buffering, coordinating development with irrigation districts and an
intergovernmental agreement for Gibbon Acres.
The Commission was introduced to the draft Urban Renewal District
boundaries and preliminary projects that have already been discussed with
the City's Development Commission. The Planning Commission is aware that
they will eventually review and make recommendation to the
Commission/Council about both subjects.
The Commission was made aware of inquiries the City has received about
Alternative Vehicle Fueling Stations (AVFS). Alternative fuels include
liquefied natural gas, compressed natural gas, and electrical recharge. Some
of these stations are more pronounced than other. The discussion with the
commission highlighted the fact that the City has no specific design
requirements for these stations which are permitted "service station" uses in
most commercial zones. The Commission determined that the review of any
AVFS proposal should be a Type III application and come before them for
consideration.
These were discussion items only, no motion was necessary.
VIII. MAYOR'S REPORT
Mayor Williams reported that he:
• Attended the Oregon Mayor's Conference in Madras. There were several
state agencies in attendance. A lot of time was spent discussing Social
Media issues.
• Attended a meeting with Portland Mayor Sam Adams regarding human
trafficking along I-5.
Attended an RVACT meeting.
CAP081111 Page No. 4
IX.
X.
XI
CITY MANAGER'S REPORT
City Manager Phil Messina stated that:
• The new IT Manager Jason Richmond will begin work on Tuesday, August
16, 2011.
• At the last meeting the issue of fireworks came before the Council. Staff
would like to know if the Council would like to review this issue. Council
decided not to make changes to the current code.
COUNCIL REPORTS
Council Member Kelly Geiger reported that he attended the Pine Street
discussion and a Fire District meeting.
Council Member Kay Harrison reported that she attended the Rogue Valley
Sewer Systems Board meeting, the Medford Water Commission meeting, and
the Regional Water Commission meeting. She also attended the Flood Mitigation
open house here at City Hall.
Council Member Carol Fischer reported that she attended the Medford Water
Commission meeting.
Council Member Bruce Dingier reported that he attended the Pine Street
Committee meeting and was very disappointed in the low turnout from the
business community.
Council Member Ellie George reported that she attended the School District
Board meeting.
DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that there seems to
be a good deal of interest in the seminar that Jon Schallert will be doing on
August 23rd at Twin Creeks Retirement. This is a result of the Destination Boot
Camp that several of the local business owners attended last month.
Police Chief Jon Zeliff reported that:
• The Explorers participated in a state competition. They returned with several
plaques.
• They will be advertising for Reserve Officers soon.
• There is now a prescription drug drop box in the Police Department lobby and
an article will be in the next City Newsletter.
• The department is purchasing a software program called Guardian Tracking,
to help with personnel evaluations.
Captain Kris Allison reported on the 2011 D.A.R.E to cruise event. It seems to
have been a successful year for attendance and fund raising.
CAP081111 Page No. 5
Parks and Public Works Director Matt Samitore reported that:
• They held apre-qualification meeting for the 3MG Reservoir bid process.
There was a great turn out and he has extended the deadline for qualification
bids. This is a big project for the City and we want to make sure we get a
good qualification pool to choose from.
• Dan and Joyce's tire store is not in compliance with DEQ or the Fire District.
The city will be closing this business with the help of the Health Department,
DEQ, and the Fire District because of the health issues.
• The area of Highway 99 that goes by Crater High School has been changed
to a regular speed zone. It was an illegal school zone and we were told to
take it down. There are several warning signs stating that the area has
changed. There will be changes to that area when the rail crossing is finished
and the design element of Front Street is complete.
• The numbers were down for the Battle of the Bones this year. Staff will be
discussing options with the Council at a future Study Session.
XII. ADJOURNMENT
Kay Harrison moved to adjourn, Kelly Geiger seconded, all said "aye" and the
Council Meeting was adjourned at 8:40 p.m.
The foregoing minutes of the August 11, 2011, Council meeting were approved by the
City Council at its meeting of August 28, 2011.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Back I o Agenda
CAP081111 Page No. 6
Proclamation
WHEREAS, ACCESS Food Share Pantry Network was established in 1982 to ob-
tain and efficiently distribute nutritious foods and other products to member agen-
cies while developing programs and partnerships to help eliminate hunger. Since its
establishment, ACCESS has distributed over 34 million pounds of food throughout
Jackson County; and
WHEREAS, ACCESS Food Share provides food for over 3,400 families each
month, and;
WHEREAS, ACCESS Food Share will distribute over 2.7 million pounds of food
in 2010-11, equivalent to over 2.7 million meals, to citizens of Jackson County, and;
WHEREAS, 36 percent of the members of households served by ACCESS Food
Share are children under the age of 18, 19 percent are senior citizens, and 46 percent
of households served have someone working, and;
WHEREAS, for every dollar donated ACCESS Food Share is able to distribute 5
pounds of food, or $1 will provide a meal for a family of five, and;
WHEREAS, often people who find themselves in the position of need are forced to
make choices between shelter, utilities, health care/medicine, transportation and
food; and too frequently adequate nutritious food is the casualty of these choices;
NOW THEREFORE, the City Council of Central Point hereby designates Au-
gust 29-September 17, 2011, as
Mayors Untied, Helping Feed Our Community
In Jackson County and urge all of our citizens to commit to increasing awareness
and understanding of the faces of hunger, and commit to assisting in eliminating it
from our community.
IN WITNESS WHEREOF, I hereby set my hand this 25th, day of August, 2011.
Mayor Hank Williams
Het urn t O Agenda City of Central Point
CAP081111 Page No. 7
Memo
To: Honorable Mayor and Members of the Council
From: Captain Kris Allison
Date: August 19, 2011
Re: Declaration of Vehicles to be Surplus
Honorable Mayor and Members of the Council,
I am requesting you to declare two police vehicles in our fleet as surplus to be sold at auction
and the funds be placed in the general fund. Both of these vehicles have passed their length
of tenure and mileage and have become a financial burden to the City of Central Point.
The first vehicle is a 2006 Chevy Tahoe, License E236995, VIN # 1 GNEEC13Z06R132765.
This vehicle will be replaced by a 2011 Chevy Tahoe that was approved for this year's
budget.
The second vehicle is a 1994 Chevy Caprice, License E188479, VIN#
1G1BL52P4RR176140. This vehicle had been assigned to the volunteers for their duties.
This vehicle has significant engine damage and would be costly to repair. This vehicle will not
be replaced and we will utilize existing volunteer vehicles in our fleet.
If you have any further questions, I will be available at our council session to answer them.
Thank you for your consideration.
Ket urn I o Hgenda
CAP081111 Page No. 8
Resolution
Ratifying General
Services Agreement
CAP081111 Page No. 9
~ET ~ Administration Department
p/~~ ~~ Phil Messina, City Administrator
Staff Report ~~''""~~..,,// Chris Clayton, Assistant City Administrator
Deanna Casey, City Recorder
Barb Robson, Human Resources Director
TO: Honorable Mayor and City Council
FROM: Barbara Robson, Human Resources Director
AGENDA DATE: August 19, 2011
SUBJECT: Ratification of General Service Bargaining Agreement
HISTORY: In 2007 the General Service bargaining unit and City Council ratified afour-year collective bargaining
agreement. That agreement expired June 30, 2011. In March, 2011, the Teamsters representative proposed a one year
extension to the bargaining agreement with the only change being in the article on insurance premium cost sharing.
The City agreed, but requested modification to language in another section of the contract. Subsequent negotiations
took place over the language changes and a change in the union's initial monetary proposal and resulted in a tentative
agreement on June 21, 2011. The general service bargaining unit ratified the agreement on August 16, 2011.
PROPOSAL: It is proposed that the Council ratify the bargained agreement. The negotiated agreement consists of a
1 year extension of the contract; a 1% cost of living adjustment being applied to the pay scale, retroactive to July 1,
2011; changing the health insurance premium sharing to a "90/10 split," where the City pays 90% of the premium and
the employee pays 10%, effective the first pay period following ratification of the agreement; significantly revised
Layoff and Recall language; the addition of a "flex time" provision; and agreement to move the IT Specialist position
from the Police bargaining unit into the General Service bargaining unit.
FISCAL IMPACT: The annual cost of the change in premium sharing, based on current premium amounts, is
$10,325. The annual cost of a 1% salary increase is $13,880, for a total cost of $24,205.
RECOMMENDED MOTION:
Motion to approve Resolution No. , A Resolution Ratifying the General Service Collective Bargaining
Agreement.
ATTACHMENTS:
Revised 2011-2012 General Service Bargaining Agreement
Ket urn t o Hgenda
CAP081111 Page No. 10
RESOLUTION NO.
A RESOLUTION RATIFYING THE GENERAL SERVICE COLLECTIVE
BARGAINING AGREEMENT and AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN THE AGREEMENTS
WHEREAS, the City of Central Point has a fundamental interest in the
development of harmonious and cooperative relationships between the City and
its employees; and
WHEREAS, the City recognizes the rights of public employees to
organize; and
WHEREAS, the City recognizes and accepts that the principle and
procedure of collective bargaining can alleviate various forms of strife and unrest;
and
WHEREAS, ORS 243 "Collective Bargaining" defines and outlines the
policies involved in collective bargaining between public entities and public
employers; and
WHEREAS, the general service collective bargaining agreement expired
June 30, 2011;
THE CITY OF CENTRAL POINT RESOLVES: that the City Council of the
City of Central Point, Oregon does hereby ratify the negotiated changes and
revisions to the attached collective bargaining agreement between the City of
Central Point and Teamsters Local 223 covering General Service employees,
and authorizes the Mayor and City Manager to sign the collective bargaining
agreement.
Passed by the Council and signed by me in authentication of its passage
this day of , 2011.
Mayor Hank Williams
ATTEST:
City Recorder Het urn t o Agenda
CAP081111 Page No. 11
AGREEMENT BETWEEN
CITY OF CENTRAL POINT, OREGON
AND
TEAMSTERS LOCAL UNION NO. 223
As Ratified by
General Service Bargaining Unit
8-16-2011
PREAMBLE
This Agreement between the City of Central Point, Oregon, hereinafter called the "City," and Teamsters
Local Union N o. 223, I nternational Brotherhood of T eamsters, P ortland, O regon, hereinafter called t he
"Union," is m ade and en tered i nto f or t he purpose of f fixing t he wage s Cale, s chedule of hour s an d
conditions of employment affecting members of the bargaining unit. The purpose of this Agreement is to
set forth the full and complete Agreement between the parties on matters relating to employment
relations.
ARTICLE I -RECOGNITION
1.1 Recognition. The C ity recognizes the Union as the sole a nd exclusive b argaining agent for all
employees in the bargaining unit for the purpose of establishing hours, wages and conditions of
employment which constitute "employment relations" as defined by Oregon Law. For the purpose of this
Agreement, an "employee" shall be any employee employed in a position in the bargaining unit
established b y t he O regon E mployment R elations B oard and r eferenced i n app endix A of this
Agreement.
1.2 Exclusions. Temporary and Part-Time Without Benefits employees shall specifically be excluded
from the bargaining unit. For the purpose of this Agreement, a temporary employee shall be defined as
an employee hired for a work assignment lasting less than 180 calendar days in any 12 month period or
for a work assignment for which the specific purpose is to fill a temporary vacancy created by a regular
bargaining un it employee who is on approved leave as pr ovided f or i n t his A greement. A "part-time
without benefits" employee shall be defined as an employee scheduled to work less than 80 hours in a
calendar month, regardless of the duration of the assignment.
1.3 New C lassification. I f a n ew c lassification i s a dded to t he b argaining unit, t he U nion s hall b e
provided with t he written j ob d ascription t hereof an d t he C ity's pr oposed r ate of pa y. T hat r ate s hall
become permanent unless the Union files a written notice of its desire to negotiate the permanent rate
within ten (10) calendar days from the date it receives its notification of the classification. If a request for
negotiations is filed by the Union, the parties shall begin negotiations within fifteen (15) calendar days.
The new classification/position shall, by reference, be incorporated into this Agreement.
ARTICLE II -MANAGEMENT RIGHTS
2.1 Management R fights. T he C ity r etains a II t he c ustomary, usual an d ex elusive r fights, d ecision-
making prerogatives, functions and authority connected with or in any way incident to its responsibility to
manage the affairs of the City or any part of it. The rights of employees in the bargaining unit and the
Union are limited to those specifically set forth in the Agreement; and the City retains all prerogatives,
functions an d r fights no t s pacifically limited by the terms of t his A greement. The C ity s hall h ave no
obligation to bargain with the Union with respect to any such subject or the exercise of its discretion and
decision-making with regard thereto any subjects covered by the Terms of this Agreement and closed to
further bargaining for the terms hereof, and any subject matter which was or might have been raised in
the course of collective bargaining. The exercise of the management prerogative, function or right which
is not specifically modified by this Agreement is not subject to the grievance procedure or to bargaining
during the term of this Agreement.
CAP081111 Page No. 12
Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the City
shall include the following:
a. To di rect and s upervise all o Aerations, f unctions an d pol icies of t he D epartment an d t he
operations, functions and policies of the remainder of the City as they may affect employees
in the bargaining unit.
b. To close or liquidate an office, branch, department, operation or facilities, or combine
facilities, or t o r elocate, r eorganize, or c ombine t he w ork of di visions, of fices, branches,
departments, operations, or facilities for budgetary or other reasons.
c. To determine the need for and method of a reduction or an increase in the work force and the
implementation of any decision with regard thereto.
d. To establish, revise and implement standards for h firing, classification, promotion, quality of
work, evaluation, safety, materials, equipment, uniforms, appearance, methods and
procedures. It i s j ointly r ecognized t hat t he C ity m ust r etain broad authority to f ulfill an d
implement its responsibilities and may do so by work rule, existing or future, oral or written.
e. To i mplement ne w an d t o r evise or di scard, wholly or i n p art, of d m ethods, procedures,
materials, equipment, facilities and standards.
f. To assign and distribute work.
g. To assign shifts, workdays, hours of work, overtime and work locations.
h. To designate and to assign all work duties.
To introduce new and revise existing duties within the unit.
To det ermine t he n eed f or, an d t he qualifications of , ne w em ployees, transfers and
promotions.
k. To det ermine t he need f or add itional a ducational c nurses,training pr ograms, on -the-job
training, and cross-training and to assign employees to such duties for periods to be
determined by the City.
ARTICLE III -MAINTENANCE OF STANDARDS
3.1 Maintenance of Standards. All rights, privileges and working conditions enjoyed by members at
the time of this Agreement have been codified and included in this Agreement. Any such privileges or
working conditions not codified in this Agreement but which constitute employment relations as defined in
ORS 243.650 (7), shall remain unchanged and unaffected during the term of this Agreement except that
such conditions and/or privileges may be changed with advance notice to the Union.
ARTICLE IV -UNION SECURITY
4.1 Checkoff. Any employee who i s a m ember of the U nion, or who has applied for membership,
shall s ign and de liver t o t he U nion, who s hall f onward t o t he C ity, a n original assignment au thorizing
deductions of dues for membership in the Union. Such authorization shall continue in effect from year to
year un less revoked or c hanged i n writing. P ursuant t o eac h aut horization, t he C ity s hall d educt s uch
dues and initiation fees from the first pay check of said employee each month. The amounts deducted
shall be transmitted within ten (10) days to the Union.
CAP081111 Page No. 13
4.2 Fair Share. Employees who are not members of the Union shall make payments in lieu of dues
to the Union. Such payments shall be in the same amounts as provided for regular Union dues. This
section s hall be r eferred t o as the " Fair S hare" Agreement and t he C ity s hall de duct f rom t he first pay
check of eac h em ployee, each m onth, t he payments for regular du es or pa yments i n lieu of dues an d
shall remit the same to the Union within ten (10) days after the deduction is made.
4.3 Religious Objection. Any employee who is a member of a church or a religious body having bona
fide religious tenets or teachings which prohibit association with a labor organization or the payment of
dues or payment in I ieu of dues t o a I abor organization, s hall pa y an am ount of money eq uivalent t o
regular Union dues to anon-religious charity or other charitable organization mutually agreed upon by the
affected employee and the Union. The City shall deduct from the first pay check of each employee, each
month, the payments to such charitable organization and remit the same to the charitable organization
within ten (10) days after the deduction is made. The City shall supply proof to the Union, each month
that this has been done.
4.4 Hold Harmless. The Union agrees to indemnify and hold harmless the City and its agents for any
loss or damage arising from the deductions in 4.1, 4.2, and 4.3. No claims shall be filed by employees or
the Union for such deductions made or not made.
4.5 New Hires. T he C ity a grew t o pr ovide t he U nion w ritten n otification of ne w bar gaining uni t
members within one (1) calendar month of their date of employment. Such written notice shall be sent to
the official Union address that has been provided to the City's Human Resources Director. Such written
notice shall contain the employee's name, job title, date of hire, and the mailing address provided by the
employee.
4.6 Bulletin Board. The City agrees to allow suitable wall space at a mutually agreed upon place in
City Hall and Public Works Shops Building not to exceed 2'X 3' each, for a bulletin board, to be used by
the Union for the posting of notices and bulletins relating to the Union. The Union shall limit its posting of
Union notices. Such notices shall bear the signature of the authorizing Union official. The bulletin board
shall be used only for the following Union notices and bulletins:
a. Recreation and social affairs of the Union
b. Union meetings
c. Union elections
d. Reports
e. Rulings or policies of the Union
f. Non-derogatory communications from the Union to the bargaining unit
Any notices posted outside these guidelines may be ordered removed by the City.
4.7 Right of Access. Upon request, a Union representative may be granted access to non-working
areas to meet with off-duty members of the bargaining unit.
4.8 City Facilities. The Union will be accorded the use of City facilities for bargaining unit meetings in
accordance with City policy for other special interest groups.
ARTICLE V -UNION BUSINESS
5.1 Union Business. If the City requests a grievant's representative to meet on a pending grievance
while the grievant's representative is on duty, the grievant's representative shall not suffer a reduction in
regular compensation thereby, nor be entitled to overtime to compensate for time spent in such meeting.
In ad dition, t he C ity agrees t o al low a U nion s teward t ime off w ithout pay f or t he p urpose of hand ling,
investigating and processing grievances. A maximum of two hours per month will be allowed. The City's
CAP081111 Page No. 14
approval will be obtained before taking time off, but that approval will not be unreasonably withheld.
5.2 Union R egresentatives. T he U nion s hall at a II t imes keep t he City i nformed, i n w riting, of the
names of its current local officers, stewards, and negotiators. Such written notice shall be provided to the
City and updated as necessary.
5.3 Collective Bargaining. Collective bargaining between the City an the Union shall be scheduled at
mutually agreed upon times generally during normal business hours (M-F 8-5), provided that such times
do not unnecessarily interfere with professional duties. Upon advance request, the City will grant time off
without loss of pay for not more than three (3) employees to engage in collective bargaining. It is agreed
that time spent by Union members in actual bargaining shall not result in a loss of pay, nor shall Union
bargaining team members receive any overtime or additional compensation directlyfrom the City if the
bargaining meetings are conducted outside of the Union member's regularly scheduled work hours.
ARTICLE VI -NON-DISCRIMINATION
6.1 Gender. All references to employees in this Agreement designate both sexes, and, while every
attempt has been m ade t o i nclude g eneric pronouns or bot h gen ders, whenever t he m ale or female
gender is used, it shall be construed to include both male and female employees.
6.2 Application of Agreement. The provisions of the Agreement shall be applied to all employees in
the bargaining unit without discrimination as to marital status, sex, race, color, creed, national origin, age,
religion, union affiliation or political affiliation.
ARTICLE VII -PERSONNEL FILE
7.1 Maintenance of P ersonnel F files: T he C ity agrees t o s eparately m aintain per sonnet an d
confidential/medical f files a nd r ecords i n ac cordance with s tate an d f ederal laws. T he C ity agr ees t o
maintain confidential medical information in accordance with the Americans With Disabilities Act (ADA)
and H ealth I nsurance P ortability a nd A ccountability A ct (HIPAA) and agr ees t o maintain an y other
confidential information as required by any other statute requiring maintenance of confidential information.
7.2 Disclosure of Information: Excluding internal personnel administration, material in an employee's
personnel file shall only be disclosed as allowed or required by state and federal law or as authorized by
the employee.
7.3 Viewing of Files. Each e mployee shall have the right, upon request, to review and obtain, at
his/her own expense, copies of the contents of his/her personnel file, exclusive of materials received prior
to the date of employment with the City.
7.4 Representation: A r epresentative c hosen b y t he e mployee m ay, upon t he employee's w ritten
authorization, review an employee's personnel file and/or accompany the employee in this review.
7.5 Employee Signature and R esponse. Each employee s hall h ave t he op portunity t o r ead a ny
written m aterial of a der ogatory nature t hat i s pl aced i n h is/her per sonnet f file. D isciplinary notices,
performance appraisals, or other similar material that is likely to have an adverse effect on an employee's
reputation or employment status shall be acknowledged, signed and dated by the employee prior to being
placed in the personnel file. All materials addressed in this Section and requiring the employee's
signature shall bear a statement stating, in effect, that signing acknowledges receipt of the document but
does not nec essarily i ndicate agreement. Within t hirty (30) c alendar da ys of ter t he em ployee's s igned
acknowledgement, t he em ployee r eserves t he r fight to i nclude i n the f file a written r esponse t o s uch
material placed in the file, and this response shall be attached to the material in question and become a
part of the employee's file. If an employee refuses to acknowledge the document by signing as
CAP081111 Page No. 15
instructed, the City shall make a note on the document to the effect that the employee refused to sign and
place the document in the personnel file.
7.6 Adding and Removing Documents. The e mployee shall h aye the right to i nclude i n their
personnel f ile a ny m aterial or i nformation c onsidered relevant t o t hat em ployee's employment with t he
City. E mployee m ay per iodically r equest t hat c ertain doc uments be de leted f rom t heir f ile. T he C ity
Administrator or h is/her d esignee s hall i nvestigate and respond to s uch requests. Written reprimands
shall be removed from the employee's personnel file after two (2) years provided that no other disciplinary
action displaying an ongoing pattern of behavior has been imposed during that period.
ARTICLE VIII -PROBATION
8.1 Probationary P eriod. E very n ew em ployee hi red i nto t he bar gaining uni t s halls erve a
probationary period of twelve (12) months of employment. The Union recognizes the right of the City to
terminate probationary employees for any reason.
8.2 Promotional Probationary Period. Employees promoted to a higherclassificationshall serve a
promotional probationary period of six (6) continuous months. The Union recognizes the right of the City
to demote an employee on promotional probationary status to his/her previous position. Demotion of an
employee on promotional probationary status shall not be subject to the grievance procedure and such
demotion s hall not b e c onsidered a d isciplinary action. An employee dem oted dur ing a promotional
probationary period shall be placed on the pay scale at the classification and step the employee was at
prior to the promotion, except that any length of service increases the employee would have received had
they not been promoted shall be granted to the employee on return to their previous position.
ARTICLE IX -SENIORITY
9.1 Definition. O my r egular, non-probationary em ployees s hall have s eniority. Seniority s hall be
counted from the day of hire, but granted only after completion of the probationary period of twelve (12)
months and shall thereafter be established as follows: the employee's length of continuous service in the
job classification shall be referred to as "job classification seniority" and continuous service from the last
date of hire within the bargaining unit shall be referred to as "bargaining unit seniority." All seniority shall
be terminated if the employee:
1. Quits
2. Is discharged
3. Is laid off and fails to respond to written notice as provided in Article 10, Section 8
4. Is laid off for a per iod of time greater than eighteen (18) m onths or a per iod of time
equal to his/her bargaining unit seniority, whichever is shorter
5. Fails to report to work at the termination of an extended leave of absence
6. While on leave of absence accepts employment without permission
7. Retires
9.2 Seniority List. T he C ity will provide to t he U nion a n updated bargaining un it seniority list
each July.
9.3 Application of S eniority. Seniority s hall a pply in layoff and r ecall and vacation and other
requests for time off.
9.3.1 Layoff and R ecall. I f em ployees i n t he s ame position are be ing considered f or
layoff o r r ecall, s eniority within the j ob c lassification and bargaining u nit s hall govern in
accordance with Article 10.4 and 8.
CAP081111 Page No. 16
9.3.2 Vacation and Time Off Bidding. Employees with the most bargaining unit seniority
shall have first choice in vacation or other time off requests. In the event two employees
have the same bargaining unit seniority, a coin flip or other mutually agreed upon method of
selecting order s hall be used. Seniority s hall o my be us ed t o determine t he or der f or
requesting vacation or other time off and s hall not s upersede department rules regarding
vacation or time off. See Article 15.2 Vacation Selection.
Employees returning to the bargaining unitfollowing recall from layoff shall have vacation
selection determined on the basis of total bargaining unit seniority.
All vacation and time off requests must be approved in advance.
ARTICLE X LAYOFF AND RECALL
10.1 Layoff. A I ayoff s hall be defined as a r eduction i n force w hen a pos ition(s) i s el iminated or
staffing is reduced and the affected employee(s) cannot be reassigned to a vacant position in the same
pay level and same full time equivalency (FTE).
10.2 Notice. Employees who are identified for layoff shall receive 60 calendar days advance written
notice or pay in lieu thereof.
10.3 Eligibility f or Layoff S tatus. O my regular em ployees who ha ve c ompleted t heir pr obationary
period and have received a layoff notice shall be eligible for layoff status. Probationary employees shall
not be eligible for layoff and recall. Layoff and recall status shall be limited to a maximum of 18 months
for recall to one's previous position and 12 months for recall to a vacancy in a position other than the
employee's previous position. In no case shall layoff and recall status be longer than the employee's
bargaining unit seniority time.
10.4 Lavoff Procedure. Seniority shall govern in the matters of layoff as follows.
1. Written n otice as s et f orth i n 10.2 will be given t o t he least s enior employee(s) i n t he
position(s) i dentified f or I ayoff. The not ified em ployee(s) w ill also be pr ovided w ith
information about which positions are potentially eligible for bumping based on seniority and
classification level.
2. The notified employee(s) w ill have 10 calendar days t o not ify t he C ity, in writing, of t heir
decision to not invoke bumping rights, or to invoke bumping rights and identify which position
s/he chooses to bump. If the City determines that the employee is not qualified to bump into
the position, the employee may choose a d ifferent eligible position, if available, or elect to
not bump.
3. If the notified employee elects to not invoke his/her bumping rights, or is unable to bump due
to lack of qualifications or lack of eligible positions, the employee shall be entitled to receive
one additional month of pay, will b e e ligible f or reimbursement of one m onth of COBRA
health insurance premiums paid by the City, and shall be placed on layoff status.
10.5 Bumping Procedure. An employee who invokes bumping rights shall be required to bump the
least s enior em ployee of a pa y gr ade eq ual t o or I ower t han t he bum ping e mployee for w hich t he
bumping em ployee is qu alified. B umping r fights s hall be limited t o b umping o my t he I east s enior
employee in a g iven pay g rade an d s hall not include the ability to select from other pos itions for an y
reason, including p ay, preference, or qua lifications. A n em ployee who has bumped i nto an other
position shall retain recall rights to their former position in accordance with 10.8.
CAP081111 Page No. 17
10.6 Qualifications, K nowledge, Skills and Abilities. Q ualifications, k nowledge, s kills and ab ilities
shall include, but are not limited to, an employee's ability to perform the duties of the job, as described
in the current position description, to the City's standards and satisfaction, without further training or trial
period beyond 30 calendar days.
A. Training or a trial period does not include minimal orientation on a job. Experience in a job,
job dut ies obt ained t hrough t emporary assignment, or per formance of a job t hrough pr evious
employment s hall not, of i tself, i ndicate t hat t he em ployee h as t he qualifications, skills and abilty t o
perform the work.
B. The City shall be the sole judge of an employee's qualifications to perform the required work
except that any determination shall not be arbitrary or discriminatory.
10.7. Change in Pay. An employee who bumps into a position in the same pay grade will remain at
the same step and pay level. Employees bumping into lower pay level positions will be placed on the
pay scale of the lower grade and their pay will be adjusted to the amount of the step in the new grade
closest to, but not more than, their previous pay and the change shall be effective the first day of the
first full pay period following the job change. An employee who had not attained step F in their former
position shall not be eligible for step F in the new position until such time as the employee would have
been eligible in the prior position.
10.8 Recall from Layoff. Employee(s) on I ayoff status pursuant to this Agreement shall have recall
rights to a vacancy in their former position for up to 18 m onths. Notice of recall shall be m ade by
certified m ail s ent t o t he I ast mailing ad dress pr ovided t o t he C ity b y t he em ployee. The f ollowing
restrictions and conditions shall apply to recall:
If the laid off employee's former position becomes vacant while the employee is on layoff status, a recall
notice will be sent to the laid off employee. In the event more than one employee has been laid off from
the same position, recall shall be in order of seniority, with the employee with the most bargaining unit
seniority receiving the first recall notice. For the purpose of this section, an employee who has bumped
into another position shall be considered to have recall rights to their former position.
1. An em ployee m ay b e r equired t o dem onstrate t hat t hey s till p ossess t he qu alifications,
knowledge, s kill an d a bilitiy required f or t he p osition pr for t o reinstatement t o t heir f ormer
position if more than 6 months has passed since they were laid off.
2. If an em ployee rejects r ecall t o their f ormer pos ition or f ails t o r eport t o work w ithin 14
calendar days of such notice, the employee will forfeit all seniority, layoff status, and further
recall rights.
For 12 months from the date of layoff, employees who are on layoff status and not working for the
City in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a
grade a qual t o or I ower t han t heir previous position. T he I aid off e mployee will be g iven priority
consideration for the position with the following conditions and restrictions:
1. A notified employee on layoff status wishing to be considered for such vacancy must notify
the City, in writing, within 10 calendar days of being notified of such vacancy.
2. The employee must be able to demonstrate that they possess the necessary qualifications,
knowledge, skills and abilities to satisfactorily perform the work, as determined by the City.
3. Preference for consideration will be given in order of bargaining unit seniority at the time of
layoff.
CAP081111 Page No. 18
ARTICLE XI -HOURS OF WORK AND OVERTIME
11.1 Work Week. The basic work week shall be from 12:01 A.M. Sunday through midnight Saturday
and shall consist of forty (40) hours during the seven (7) day period. The regular work week shall consist
of eight (8) c onsecutive hours f or f ive (5) c onsecutive d ays or ten (10) c onsecutive ho urs f or f our (4)
consecutive days or any configuration that falls within the defined basic work week that is approved by
the department director.
11.2 Overtime. Required overtime shall be paid at one and one-half (1'/2) times the regular hourly rate
for all hours worked in excess of forty (40) hours during the basic work week or in excess of a regular
scheduled shift (i.e., more than 8 or 10 hours). Overtime must be approved in advance.
11.3 Flex Time. With advance notice and approval from the supervisor, afull-time employee may
request to flex their regular work schedule on an occasional basis. Time off for personal business may
be granted, provided the employee works an equal number of hours during the same workweek to make
up for the time off.
1. Flex time shall normally not exceed 5 hours per week.
2. All flex time hours shall be made up within the same workweek as the time off taken.
3. Hours worked by an employee because they have exercised flex time as set forth in this Section
shall not be counted as h ours worked f or t he pur pose of c omputing o vertime work and n o
overtime or comp time shall accrue for "make up" hours worked in excess of a regular scheduled
shift as set forth in 11.2.
4. The time off and make up time must be taken and worked by the employee as scheduled and
approved by the supervisor. If an employee has already worked the extra time in anticipation of
taking ap proved time of f t hat is I ater d enied by t he s upervisor, t he em ployee s hall be
compensated for any overtime hours actually worked in excess of 40 hours in the workweek in
accordance with Section 11.2.
5. Failure of an employee to make up time as agreed shall result in a loss of pay for the hours not
worked, except that the employee may be allowed to substitute accrued paid vacation or comp
time in lieu of a loss of pay.
6. Abuse of flex time may result in denial of future requests.
7. Flex time requests shall be initiated only by the employee and nothing in this Section shall be
used to circumvent the City's obligation to pay overtime in accordance with Section 11.2.
11.3 Compensatorv Time. An employee may elect to receive compensatory time (comp-time) in lieu
of overtime pa y as the f orm of c ompensation f or a ny approved overtime w orked. C omp-time s hall
accrue at a rate of one and one half times (1'/2) the overtime hours actually worked with accrual balances
reflecting the number of hours available to the employee. Accrued comp-time shall be paid at the regular
rate of pay. Compensatory time maybe accumulated to a maximum of eighty (80) hours. Any overtime
hours worked beyond the eighty (80) hour limit shall be paid at the employee's overtime rate. At the end
of the fiscal year, comp-time balances may be paid off, at the City's option, at the employee's straight-
time hourly rate. If an employee changes to a higher job classification, the City may, at its option, pay off
any comp-time balance at the employee's pay rate prior to changing positions. Comp-time shall be taken
off at times mutually agreed upon, subject to the operating needs of the department.
11.4 Rest Periods. A paid rest period of 15 minutes shall be permitted for all employees during each
half shift (one break for each four hour segment) which shall be scheduled by the City in accordance with
the operating requirements of each employee's duties.
CAP081111 Page No. 19
11.5 Meal P eriods. A II em ployees s hall b e gr anted an u npaid m eal p eriod of at I east t hirty (30)
minutes during each work shift of more than six (6) consecutive hours. To the extent consistent with the
operational requirements of the City, each meal period shall be scheduled in the middle of the
employee's work shift, or as near thereto as possible.
11.6 Call Back. Employees called back to work shall receive overtime pay for the time for which they
are called back. I f called back, an e mployee shall be credited with not less than two (2) hours time,
compensated at time and one-half. The minimum hours of compensation specified in this section applies
only when call back results in hours worked which are not annexed consecutively to one end or the other
of t he r egularly s cheduled w ork s hift or oc cur dur ing a per iod of t ime t hat t he em ployee i s b eing
compensated for on-call status. This section does not apply to scheduled overtime, to time annexed at
the beginning or end of the work shift, or as a result of being called out while on call. If, at the end of the
shift, an employee has departed the City's premises for more than one (1) hour before being called back,
the t ime s hall no t be c onsidered hold o ver t ime and s hall be c ompensated a s c all bac k under this
section. Actual time worked for call outs while on-call shall be paid at the overtime rate, but shall not be
subject to the two (2) hour minimum call back provision.
11.7 On-Call Status. Public Works employees who meet the established criteria posted by the Public
Works Director shall be placed on an on-call rotation schedule. Each employee on the on-call rotation
schedule shall be designated as on on-call status for a period of one (1) week beginning at 8:00 a.m. on
Tuesday. E ach el igible e mployee s hall s erve one (1) w eek on -call un til eac h el igible em ployee has
served one (1) week and t hen the rotation will begin over again. T he on-call employee shall only be
eligible for on-call compensation for times other than during the regular work day.
11.7.1 Pay for on-call. Such on-call time shall be compensated as follows:
a. $300 f or one (1) f ull week t hat do es no t i nclude a ny holidays. Daily r ates of
compensation shall be $75 for each Saturday and Sunday and $30 for each day Monday
through Friday.
b. An additional $120 of pay for any scheduled holiday listed in Section 16.1 and observed
during the regular work week except (k), day before Christmas day, December 24, and
(I) floating holidays.
11.7.2 Comp-time in lieu of pay. If the employee scheduled to be on-call elects to receive
comp-time in lieu of on-call pay, comp time balances shall be adjusted as follows:
a. 18 hours of comp-time shall be added to the employee's comp-time balance for each full
week that does not include any holidays. Daily rates of comp-time compensation shall
be 4.5 hours for each Saturday and Sunday and 1.8 hours for each day Monday through
Friday.
b. An additional 6 hours of comp-time shall be added to the employee's comp-time balance
for a week of on-call rotation that includes a scheduled holiday listed in Section 14.1 and
observed during the regular work week, except (k), day before Christmas, December 24,
and (I) floating holidays.
An employee electing to receive comp-time for on-call compensation must elect to do so for the entire
week of on-call rotation. The employee will not be allowed to take part of the compensation in pay and
part as comp-time.
11.7.3 Substitutions. In the event an employee scheduled for on-call is unable to complete a
full week of on-call rotation due to a) illness, b) injury, or c) an unforeseen scheduling conflict
beyond the control of the employee, the scheduled employee and his/her substitute shall be
compensated at the daily rates(s) specified above for the actual dates of on-call service.
CAP081111 Page No. 20
Substitutions due to illness, injury, or an unforeseen scheduling conflict beyond the control of the
employee must be approved by the supervisor or manager in order to be compensated in
accordance with this section. Denial of a request for substitution under this section shall be at
the discretion of the supervisor or manager. Denial of a requeste for substitution under this
section for an unforeseen scheduling conflict beyond the control of the employee shall not be
subject to the grievance procedure. All substitutes must be approved for on-call rotation at the
time of the substitution.
11.7.4 Convenience Trades. Employees may, at their option and with prior supervisory
notification, substitute full or portions of on-call assignments with one another for their own
convenience, provided the substitute is approved for on-call rotation at the time of the
substitution. The employee who was assigned the week of on-call duty shall be paid as though
that employee had been on call the entire week as originally scheduled. The City shall have no
obligation to keep track of substitutions made under this section, nor shall the City have any
obligation to ensure that a substitution is reciprocated.
Employees who are required to respond to a call out during their on-call rotation shall be compensated in
accordance with Article 11.1, 2, and 3, Hours of Work and Overtime in addition to the on-call pay in 11.7
(1) and (2).
All Public Works employees who are eligible for on-call rotation status shall receive, sign, and agree to
abide b y on-call r estrictions and ex pectations. E mployees f ailing t o adhere t o restrictions a nd
expectations shall be subject to disciplinary action and maybe removed from or suspended from the on-
call rotation for a period of time to be determined by the circumstances of the violation.
ARTICLE XII -COMPENSATION
12.1 Salary Schedule. Appendix A, attached hereto, and by this reference incorporated into and made
part of this Agreement, shall become the effective salary schedule(s) effective July 1, 2011 through June
30, 2012.
12.2 Pay Periods. Employees shall be paid on the 5th and 20th day of the month. Pay day shall be the
last working day prior to the 5th and the 20th, when those days fall on a weekend or holiday.
12.3 Steps. The letters A, B, C, D, E, F denote the steps in the pay range. The entrance step shall be
A, except by special approval of the City. Advancement to the next Step shall be made upon successful
completion of the twelve (12) month probationary period. Thereafter, advancement to steps B, C, D, and
E shall be made following the completion of one (1) full year of service in the lower step of the range and
advancement to step F shall be made following the completion of not less than two (2) years of service at
step E. All step increases shall be made on the basis of a written recommendation or authorization of the
Department Head.
12.4 Changes in Position and/or Grade. When an employee changes classification resulting in a move
to a higher or lower grade, changes in pay shall be as follows:
12.4.1 Change to a Higher Grade: When an employee moves to a job classification in a higher
grade, the employee shall be placed in the new grade at the step closest to, but not less than the
employee's previous step. If this results in a move that is less than 5% more than the employee's
previous step, the employee shall be moved one additional step.
12.4.2 Change to a Lower Grade: When an employee moves to a job classification in a lower
grade, the employee shall be placed in the new grade at the step closest to, but not more than,
the employee's previous step's amount.
CAP081111 Page No. 21
12.5 Acting in Capacity or Interim Status Pay. When, at the express directive of the Department Head
or his/her authorized designee, an employee serves in the capacity of an employee in a higher
classification on a short-term basis, the employee shall be deemed as "Acting in Capacity" and paid as
follows:
12.5.1 Acting in Capacity. When a bargaining unit employee fully takes on the duties of another
higher level bargaining unit employee, in place of their own job duties, for a period of one (1) full
day or more, that employee shall be compensated for any full day(s)fully served in the interim
position at the pay grade of the interim position, placed at the lowest step in that grade that is not
less than five percent (5%) more than the employee's current grade and step.
12.5.2 Interim Non-Bargaining Unit Position. When a bargaining unit employee takes on
significant additional duties in the absence of the Department Head or other management
position f or a per iod of more t han one (1) full day but one (1) week or I ess i n dur ation, t hat
employee shall be compensated with a five (5%) percent pay increase for the days they
performed the additional duties. If the assignment continues beyond one full week, and, provided
the employee's additional duties are significant and not merely perfunctory, the employee shall be
compensated with a ten (10%) percent pay increase for the days they performed the additional
duties.
12.5.3 Exceptions and L imitations. This S ection s hall not appl y t o em ployees who m erely
absorb i ncidental duties of another employee. T he C ity r eserves t he r fight t o m ake i nterim and
acting incapacity as signments i n accordance with Article 2, Management R fights. Interim and
acting in capacity assignment decisions shall not be subject to the grievance procedure.
12.6 Certification and L icensing F ees. T he C ity will p ay for j ob-related em ployee c ertification and
licensing fees that are required for the position after the date of hire, as well as required physical exams
and/or drug tests. The City may, at its option, payjob-related employee certification and/or licensing fees
that are not required, provided the Department Head approves, in advance, the employee's request to
have the City pay for such certification or licensure. The City will pay for the full expense of attaining the
required number of continuing education units for required or approved certifications, provided the
certification c ontinues t o be a r equirement f or t he p osition or , i f not required, with the approval of t he
Department Head.
12.7 Certification P ay. B argaining u nit em ployees s hall b e el igible f or add itional c ompensation f or
possession of certain job-related certifications as set forth in this Section. Eligibility for certification pay
shall be dependent upon maintaining the certification. In the event a certification expires the employee
shall forfeit the certification pay until such certification or renewal is provided. If certification is provided
following a lapse i n t ime, t he i ncentive s hall resume on t he next paycheck after receipt of certification,
provided such certification is received prior to the last working day of the pay period prior to the next pay
date.
It is the employee's responsibility to provide appropriate documentation of certification and recertification
to H uman R esources. Such doc umentation s hall indicate t he nam e of t he c ertification, t he granting
authority, the date awarded and t he expiration date. Receipt of approved certification p ay shall
commence on the first day of the next pay period following receipt of documentation by Human
Resources.
12.7.1 Qualifying C ertifications. Only the c ertifications I fisted i n t his Section s hall qu alify f or
certification pay. If an employee believes that a certification not included in this list should qualify
for certification pay, the employee shall petition, in writing, to Human Resources to evaluate the
certification f or consideration f or c ertification pa y. The dec ision t o a Ilow or di sallow t he
certification and the amount of certification pay, if any, assigned shall be final unless the Union
files a written not ice of i is des ire to n egotiate t he d ecision and/or rate within t en (10) c alendar
days from the date it receives notification of the decision. If a request for negotiations is filed by
CAP081111 Page No. 22
the Union, the parties shall begin negotiations within fifteen (15) calendar days. The results shall,
by reference, be incorporated into this Agreement.
Commercial Bldg Inspector $200
Plumbing Inspector $100
Electrical Inspector $100
Water Distribution Level 2 $ 45
Water Distribution Level 3 $100
Water Distribution Level 4 $175
ODOT Road Scholar $ 75
ODOT General Inspector $ 75
Playground Safety Inspector $ 45
Flood Plain Manager $100
ISA Arborist $100
Master Mechanic $100
Public Pesticide Applicator License $ 75
ICBO Permit Technician $ 45
Court Clerk Certification $ 45
Microsoft Office User Specialist $ 45
RCC* Landscape Management $ 45
~RCC or equivalent certificate-granting ins titution.
12.8 Bilingual/Sign Language Pay. Employees who are determined to be fluent in Spanish or
competent in sign language, as certified by an instructor approved by the City, shall receive an additional
$150 p er m onth ad ded t o t he bas a pa y. Employees qua lifying f or b ilingual/sign language pa y m ust
provide certification to Human Resources annually, in writing, in order to continue receiving the incentive.
Failure to provide written certification prior to the expiration of one year from the date of initial certification
shall r esult in f orfeiture of t he i ncentive until s uch c ertification is provided. I f certification is provided
following a lapse i n t ime, t he i ncentive s hall resume on t he next paycheck after receipt of certification,
provided such certification is received prior to the last working day of the pay period prior to the next pay
date. The employee shall bear the cost of any such certification.
12.9 Educational Incentive. Bargaining unit employees shall receive additional compensation added to
the base pay for possession ofjob-related college degree(s) in excess of that which has been established
as t he minimum requirement f or t he pos ition. For eac h j ob-related de gree I evel abo ve t he m inimum
required, the employee shall receive $100 per month to a maximum of $300 per month. The degree must
be earned from a regionally accredited institution and an official transcript verifying the degree must be
received by Human Resources before educational incentive pay will be granted. Only one degree at any
one level shall be compensated, regardless of the number of degrees an employ may actually have (i.e.,
possession of both a bachelor of arts in geography and a bachelor of science in math shall be considered
having a degree at the bachelor's degree level). For the purpose of this Section, degree levels shall be
Associate's degree, Bachelor's degree, and Master's degree. For the purpose of this Section, job-related
degrees s hall be t hose t hat ar e s pecifically I fisted a s pr eferred i n t he j ob description or s ubstantially
related to the position held as determined by Human Resources.
12.10 Maximum Additional Pay. The maximum additional compensation any individual employee shall
be el igible t o r eceive in t he f orm o f an y c ombination of i ncentive, i ncluding bi lingual incentive an d
certification pay shall be $400 per month.
12.11 PERS Contribution. The City will continue to participate in the Oregon Public Employees
Retirement S ystem (PERS) or i is s uccessor as det ermined b y t he S tate of O regon for t he I fife of this
Agreement. T he em ployee's s ix percent (6%) contribution s hall be paid b y t he City. I f t he employee's
contribution increases during the life of this Agreement, the parties agree to reopen this Section of the
Agreement and bargain the change.
12.12 Deferred Compensation. Employees shall be allowed to participate, through payroll deductions,
in the deferred compensation program offered through the City.
ARTICLE XIII-UNIFORMS, BOOTS and PROTECTIVE DEVICES
13.1 Uniforms, Protective Clothing or Safety Wear. Uniforms and other protective clothing or safety
wear required for an employee bylaw or by the City shall be provided by the City. Employees thus
provided shall wear such uniforms, other protective clothing and safety wear in the manner required by
law or by the City. No employee shall wear or use any such uniform, protective clothing or safety wear
CAP081111 Page No. 23
provided by the City save and except on the job. The City shall bear the cost of maintaining and cleaning
any required uniform clothing that is worn solely for City work purposes. The City maintains the right to
determine what uniforms, protective clothing, or safety wear shall be required for the work assignment.
For the purpose of this Article, "uniform" shall include any specific shirt, pants, hat, vest or jacket, which
mayor may not bear the city logo, which an employee is required to wear for the work assignment. If the
employee has the option to not wear such uniform, protective clothing or safety wear, it shall not be
considered required and shall not be covered under this Article.
13.2 Boots. If an employee is required to wear a steel toed safety boot or particular type of shoe or
boot as a condition of employment, an appropriate boot or shoe will be provided, maintained, and stored
by the City and shall be worn solely for City work purposes. The City shall provide, at no cost to the
employee, replacement boots or shoes as necessary, provided the replacement is required because of
reasonable wear and tear and not due to negligence or mistreatment, the employee certifies that the
boots or shoes were worn solely for City work purposes, and the employee surrenders the worn out boot
or shoe to the City. The City shall be the sole determiner of what is the appropriate boot or shoe for the
assignment and shall have the right to determine the make, model, price limit and vendor of all boot or
shoe purchases. Additionally, boots purchased in accordance with this Article shall be considered
required safety wear and employees are required to wear the boots.
The City shall make available to employees covered under this section equipment and supplies to
maintain boots. All boots, equipment and supplies shall be kept on the City's premises during non-work
hours.
In the event an employee separates employment from a position eligible for the boot allowance less than
eight (8) months after receiving new or rebuilt boots from the City, the employee shall be given the option
of purchasing the boots from the City a prorated amount of the cost of the boots. The following scale
shall determine the amount of the prorated cost:
of purchase cost to
Time between receiving boots and separation purchase boots
0 - 1 month 95%
1 - 2 months 90%
2 - 3 months 85%
3 - 4 months 75%
4 - 5 months 60%
5 - 6 months 50%
6 - 7 months 40%
7 - 8 months 30%
13.3 Boot Eligibility. Only employees in job classifications that have been determined to require
specific footwear for safety or exposure to adverse walking conditions shall be eligible for the boots in
13.2. If a new job is added to the bargaining unit, the department director may designate the job as
eligible for boots. If the union disagrees with the designation, it shall notify the City within ten (10)
calendar days of learning of the designation and request to negotiate the eligibility. The following job
classifications have been identified as eligible for boots:
Utility Maintenance I, II, III
Utility Maintenance Lead
Customer Service Tech
Equipment Maintenance Tech
Parks Maintenance Worker
Parks Maintenance Lead
Building Inspector
Engineering Tech
Eligible employees who have received city-purchased boots prior to the date of this agreement shall be
eligible for boot replacement under Article 13.2. No new boots shall be provided to any bargaining unit
employee who has previously received city-purchased boots except as provided in this Article.
CAP081111 Page No. 24
ARTICLE XIV -EXPENSE REIMBURSEMENT
14.1 Educational Reimbursement. The City will reimburse an employee for 50% of tuition paid by the
employee for college courses directly related to the employee's work provided that:
a. Funds for such expenditures are considered by the Department Head to be available in the
current budget;
b. The e mployee h as m ade written a pplication f or appr oval of t he c ourse and t uition
reimbursement t o t he d epartment head for s uch c ourse and t he r equest is a pproved, i n
advance, by the Department Head.
c. The employee does not receive reimbursement for tuition from any other source;
d. The course is through a regionally accredited institution of higher education;
e. The coursework and course attendance are conducted outside the employee's regular
working hours;
f. The em ployee submits pr oof of pa yment f or t he course an d e vidence of satisfactory
completion of the course with a C or better passing grade.
14.2 Travel E xpenses. When an employee is r equired o r of herwise authorized t o t ravel o utside of
Central Point or Medford on City business, reimbursement for expenses incurred shall be determined as
follows:
a. Prior t o t raveling outside the C ity, t he em ployee s hall obtain ap proval f or t he trip a nd t he
mode of travel from the department head.
b. Travel on official business outside the City by a single individual shall normally be via public
carrier orCity-owned vehicle. If the employee is authorized to use a private vehicle, mileage
shall b e p aid at t he c urrent I RS r ate. T his r ate i ncludes a II t ravel, insurance and s torage
expenses of the vehicle.
14.3 Meals. R eimbursement for subsistence on official trips shall only be the amount of actual and
reasonable expense incurred dur ing t he performance of official du ty as a C ity employee f or t he City's
benefit. The following rates will be considered maximum to be reimbursed for travel expenses:
Breakfast $10.00
Lunch $13.00
Dinner $21.00
Total P er D iem for meals per da y will be $ 44.00. When an em ployee's approved travel i nvolves m ore
than o ne m eal due t o t he ac tual I ength of t he t rip they c an s pend t he aut horized am ounts at their
discretion as long as the total reimbursement equals the total allowed for the meals.
14.4 Lodging. Employees traveling in accordance with this Section shall be reimbursed for reasonable
actual costs for lodging. Receipts for lodging must be provided for reimbursement.
14.5 Travel Advances. Employees may receive the per diem allowance for meals in advance of travel
if an authorized check request is submitted to Finance at least two (2) weeks prior to the travel date. All
other reimbursement will be made upon return from travel and submission of an authorized request.
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ARTICLE XV -VACATION
15.1 Accrual. Paid vacation leave shall accrue on the following basis for full-time employees
Service Time Monthly Accrual Annual Accrual Maximum Accrual
0 - 5 Years 6 2/3 Hours 80 Hours 160 Hours
5 - 10 Years 10 Hours 120 Hours 240 Hours
10 - 15 Years 13'/3 Hours 160 Hours 320 Hours
15+ Years 16 2/3 Hours 200 Hours 400 Hours
1. Vacation leave shall accrue on a monthly basis based upon the employee's date of hire.
New, probationary employees s hall n of b e e ligible to use vacation leave u ntil t hey ha ve
completed six (6) full months of employment. At the end of the sixth month, the employee
shall be credited with accrual from their date of hire.
3. Vacation leave shall accrue during any paid leave of absence.
4. Part-time bargaining unit employees shall accrue vacation leave in direct proportion to full
time equivalency. For example, an employee working half time would accrue vacation at
3'/3 hours per month for 0 to 5 years, 5 hours per month for 5 to 10 years, etc.
5. An employee shall receive a one time award of forty (40) hours of vacation added to his/her
vacation accrual balance on the anniversary date of twenty years of service.
15.2 Selection. Employees shall have the right to determine vacation times, subject to scheduling
required for publ is s ervice based u pon t he needs of an efficient operation, the availability of vacation
relief, a nd t he C ity's r fight to ar range s cheduling s o that e ach em ployee h as a n opp ortunity, ifs /he
chooses, to use at some time during the calendar year the full amount of the vacation credit which he
could accumulate in twelve (12) months of continuous service. Vacation time shall be selected on the
basis of seniority provided, however, that each employee will be permitted to exercise his/her right of
seniority o my one e a nnually and f or a s Ingle c ontinuous period of time. Conflicting requests for t he
same vacation time shall be resolved on the basis of prior scheduling. See Section 9.3.2 for application
of seniority for vacation and time off bidding.
15.3 Accrual L imitations. V acation I eave s hall accrue in a ccordance with t he t able in 15.1. If an
employee is ab out t o I ose vacation c redit because of ac crual I imitations, an d s uch i mpending loss i s
caused solely by the City's insistence that the employee be at work during a scheduled vacation period,
the employee may, by notifying his/her supervisor in writing at least five (5) calendar days in advance,
absent him/herself from work to prevent loss of vacation time. Such action taken by the employee shall
not constitute a basis for disciplinary action or loss of pay. In lieu of the employee absenting him/herself
from w ork as provided ab ove, t he C ity m ay, at its option, p ay of f t he ex cess v acation t ime at the
employee's regular rate of pay. Such payment shall be made on the next pay date following the pay
period in which the employee would have had to absent him/herself from work. No payment shall be
made for v acation t ime I ost b y an employee because of ac crual I imitations unl ess t he failure t o t ake
vacation is c aused s olely by t he C ity's insistence t hat t he em ployee be at work dur ing a s cheduled
vacation period.
15.4 Termination. Upon termination of employment, an employee shall be paid for unused vacation
up to a maximum of three hundred twenty (320) hours.
15.5 Sell Back. Employees may opt to sell back to the City up to forty (40) hours of accrued vacation
time in excess of eighty (80) hours and provided that the employee has taken or is scheduled to take at
least f orty (40) hours of vacation dur ing t he c alendar year. This opt ion s hall be a vailable on ly once
each calendar year. Employees choosing to exercise this option must advise the City, in writing. The
CAP081111 Page No. 26
City shall distribute the funds within thirty (30) days of the request.
ARTICLE XVI -HOLIDAYS
16.1 Holidays. Full-time employees shall be entitled to eight (8) hours of time off with pay for the
following holidays:
(a) New Year's Day, January 1
(b) Martin Luther King's Birthday, third Monday in January
(c) President's Day, third Monday in February
(d) Memorial Day, last Monday in May
(e) Independence Day, July 4
(f) Labor Day, first Monday in September
(g) Veterans' Day, November 11
(h) Thanksgiving Day, fourth Thursday in November
(i) Day after Thanksgiving Day
Q) Christmas Day, December 25
(k) Day before Christmas, December 24
(I) Two floating holidays
Part-time em ployees c overed b y this A greement s hall be e ntitled t o t ime off w ith pa y f or t he a bove
holidays and shall be compensated in proportion to the number of hours per month they are normally
scheduled t o work, r egardless of whether or not the par t-time e mployee is s cheduled t o work t he
holiday, provided the part-time employee is scheduled to work after the holiday.
16.1.1 Eligibility. Full-time employees must have worked or have been on paid leave the last
work day before and the first work day following a holiday in order to receive holiday pay.
Holidays which occur during vacation or sick leave shall not be charged against such leave.
16.2 Observed. If any holiday falls on a Sunday, the following Monday shall be given as the holiday
unless that Monday is already a paid holiday, then the proceeding Friday shall be given as the holiday.
If any holiday falls on a Saturday, the preceding Friday shall be given as the holiday unless that Friday
is already a paid holiday, then the following Monday shall be given as the holiday.
16.3 Floating Holiday. Floating holidays shall accrue on January 1 and July 1 (eight hours each) of
each year f or al I em ployees, pr ovided t he employee i s ac tively em ployed on J anuary 1 or J my 1.
Floating holidays may not be taken in advance or in anticipation of accrual. The holiday shall not be
taken less than one day at a time and must be used in the calendar year accrued. Floating holidays
shall not be pa id upon t ermination of em ployment but m ay be al lowed to b e t aken bet ween t he
employee's notice of resignation and last day of work at the option of the City. Floating Holiday days off
are t o be scheduled in a dvance a nd ap proved b y department h eads, with c onsideration given t o
employee requests.
ARTICLE XVII -SICK LEAVE
17.1 Accrual. Sick leave shall be earned by each full-time employee at the rate of eight (8) hours for
each f ull c alendar m onth of s ervice c ompleted. P art-time em ployees c overed b y this bargaining
agreement shall accrue sick leave each month in an amount proportionate (based on hours worked each
month) to that w hich w ould be ac crued and er full-time e mployment. An em ployee m ay ac crue an
unlimited amount of sick leave.
17.2 Utilization. E mployees m ay utilize t heir allowance of sick leave when un able t o perform work
duties b y r eason of i Ilness or i njury, s erious i Ilness i n the i mmediate f amity, for nec essary per sonal
CAP081111 Page No. 27
medical or dental care, exposure to contagious disease under circumstances by which the health of fellow
employees or members of the public necessarily dealt with would be endangered by attendance of the
employee in the opinion of the City, and under the Federal and State Family Medical Leave Acts. Sick
leave shall be charged on an hour-for-hour basis in a minimum of quarter hour increments. Abuse of sick
leave privilege shall be cause for discipline and/or dismissal.
17.3 Notification. An employee who is unable to report to work because of any of the reasons set forth
in S ection 2 ab ove shall r eport t he r eason f or his/her abs ence t o t he designated dep artment
representative as soon as possible and prior to the time s/he is expected to report to work. Sick leave
with pay shall not be allowed unless the employee has complied with the posted reporting procedure or
made a reasonable attempt to comply. In absences of three days or more, the City may, at its discretion,
require t he em ployee t o p rovide a written s tatement f rom a ph ysician c ertifying t hat t he em ployee's
condition prevented him/her from appearing for work and that the employee is released to return to work
without r estrictions. T he City will establish the procedure f or c ontacting t he des ignated d epartment
representative. A n em ployee i s r equired t o pr ovide his/her s upervisor with s ufficient i nformation about
his/her absence t o a Ilow t he s upervisor t o r easonably determine t he ne ed f or or app licability t o I eave
under the federal and/or state Family Medical Leave Acts.
17.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at the
time of termination of employment.
17.5 Leave W ithout Pay\Layoff. S ick I eave s hall not accrue d uring a ny period of I eave of abs ence
without p ay or I ayoff; ho wever, t he r eturning em ployee s hall h ave a ny previously ac crued s ick I eave
restored upon return to employment from such approved period of leave.
17.6 Compassionate Leave. In the event of a death in the employee's immediate family, an employee
may be gr anted leave of abs ence with pa y n of t o e xceed t hree (3) c alendar d ays. Upon r equest, a n
employee s hall be granted an ad ditional two d ays I eave t o be deducted f rom a ccrued s ick I eave. The
employee s hall m ake a reasonable effort t o not ify t he D epartment H ead of the need f or t he additional
days in advance of the absence.
17.7 Immediate f amity. I mmediate f amity is defined as s pouee, d omestic par tners, c hildren, s tep-
children, father, mother, father-in-law, mother-in-law, br other, s ister, brother-in-law, sister-in-law,
grandparents and grandchildren.
17.8 Integration of Paid Sick Leave With Workers Compensation. When an injury occurs in the course
of e mployment, t he C ity's obl igation t o p ay u nder t his S ick Leav e A rticle i s l invited t o t he difference
between any disability payment or time loss payment received under Workers' Compensation Laws and
the employee's gross pay. When sick leave is paid in conjunction with worker's compensation or
disability, pr orated c harges w ill b e m ade agai nst ac crued s ick I eave un less t he em ployee s pecifically
requests otherwise. Public Employees Retirement System (PERS) benefit will be prorated according to
the amount of compensation paid directly by the City.
17.9 Retirement. Employees m ay utilize un used s ick I eave accrual upon r etirement i n ac cordance
with benefits provided for in PERS and applicable legislation.
ARTICLE XVIII -LEAVE OF ABSENCE WITH PAY
18.1 Funeral Leave. When an employee serves as a pallbearer, or in some other way participates in,
as opposed to merely attend, a funeral ceremony, the employee may be granted time off with pay, not to
exceed four (4) hours, to perform such duty.
18.2 Civic R esponsibility. T he C ity ap preciates t hat C ity employees are occasionally r equired to
perform civic duties that may interfere with their scheduled workday. This Section addresses how the
CAP081111 Page No. 28
performance of civic responsibilities shall affect the employee's work schedule, pay and use of leaves.
18.2.1 Work-Related Court Appearance. Employees required to testify or appear in court in an
official c apacity and as a part of t heir j ob shall b e c ompensated for s uch c ourt appe arances i n
accordance with Article XI -Hours of Work and Overtime.
18.2.2 Non Work-Related C ourt Appearance. When an em ployee i s s ubpoenaed t o t estify or
appear i n c ourt of her t han i n an of ficial c apacity a nd where t he em ployee i s not personally
involved in t he action as the plaintiff, t he d efendant, t he o bject of t he i nvestigation, or for
purposes s uch as providing c haracter t estimony f or a f riend or f amity m ember, s /he s hall not
suffer an y loss of his/her r egular c ompensation f or performance of such dut y t hat t akes place
during t ime t he em ployee is s cheduled t o work f or t he C ity; h owever, the employee s hall b e
required t o t ransfer an y c ompensation except m ileage a nd m eat expenses r eceived f rom an y
source of her t han the C ity f or t he performance of such duty on work t ime. Time not worked
because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be
required to use paid leave for such time. This section shall only apply to civic duties performed
during time the employee is actually scheduled to be at work on the day the civic obligation takes
place.
18.2.3 Jury D uty. When an e mployee i s c aped for j ury d uty s/he s hall not s uffer an y I oss of
his/her r egular c ompensation f or performance of such dut y t hat t akes pl ace during t ime t he
employee is scheduled to work for the City; however, the employee shall be required to transfer
any compensation except mileage and meal expenses received from any source other than the
City for the performance of such duty on work time. Time not worked because of such duty shall
not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for
such time. This section shall onlyapplyto civic duties performed during time the employee is
actually scheduled to be at work on the day the civic obligation takes place.
18.2.4 Limitations and Expectations. Under no circumstances shall the City be required to pay
overtime or grant comp time for civic duty appearances that are not work-related. In the event an
employee serves a partial day of civic duty, the employee shall be required to return to work after
being released from court, or arrange for use of paid leave in accordance with department rules
to compensate for time away from work that is not spent in court. Exceptions may be allowed in
such circumstances as when the court appearance is out of the area or the employee is released
from t heir c ourt r esponsibilities with less than f orty-five (45) m inutes I eft i n t heir s cheduled
workday.
It shall be the employee's responsibility to notify his/her supervisor of pending civic
responsibilities as soon as the employee has knowledge of such duty.
18.3 Military Leave. Military leave of absence shall be granted in accordance with City policy and state
and federal law.
18.4 Conferences/Meetings. T ime s pent i n at tendance at or t ravel t o an d f rom c onferences,
conventions or other work-related m eetings t hat have been approved i n a dvance b y t he D epartment
Head s hall b e c onsidered work t ime in a ccordance w ith s tate I aw a nd C ity p olicy. A n em ployee m ay
request ad ditional t ime off, using accrued paid I eave, i n c onjunction w ith a pproved work-related t ravel;
however, approval of such requests shall be handled in accordance with department-established requests
for time off.
18.5 Leave Accruals while on Paid Leave. Employees on paid leaves of absence shall accrue leaves
in accordance with this Agreement and, where by reference, current City policy.
CAP081111 Page No. 29
ARTICLE XIX -LEAVE OF ABSENCE WITHOUT PAY
19.1 Family Medical Leave. All bargaining unit employees shall be covered by current City policy, as
well as state and federal law, regarding Family and Medical Leave.
19.2 Military Leave. Military leaves of absence shall be granted in accordance with City policy and
state and federal law.
19.3 Other Leave Without Pav. Notwithstanding the Family and Medical Leave Act (FMLA) and
Uniformed Services Employment and Reemployment Rights Act (USERRA), a regular, non-probationary
employee m ay be granted a I eave of abs ence without pa y for a period not to exceed o ne (1) m onth.
Requests for leave of absence without pay shall be in writing, shall be directed to the Department Head,
and shall contain justification for approval. Approval of such leave requests shall be at the sole discretion
of the Department Head, except that any denial of a request shall not be arbitrary or discriminatory. Not
counting any such leave covered under FMLA and USERRA, no employee shall receive more than thirty-
one (31) days leave of absence in any three (3)-year period.
19.4 Leave Accrual while on Leave Without Pav. Current City policy regarding benefits accrual during
Leaves of Absence Without Pay shall apply to all employees covered by this Agreement.
ARTICLE XX -INSURANCE COVERAGE
20.1 Medical, Dental and Vision Insurance. The City shall provide a mutually agreed upon medical,
dental and vision insurance package for employees and their dependents as follows:
1. Medical -substantially similar on the whole to Teamsters GW Plan
2. Dental -substantially similar on the whole to Teamsters D-6 Plan
3. Vision -substantially similar on the whole to Teamsters V-4 Plan
20.2 Health Insurance Eligibility: An employee as defined in Article 1 -Recognition, must be on paid
status for at least e ighty (80) h ours i n the qualifying m onth to be covered on t he h ealth i nsurance the
following m onth. (Examples: A n em ployee beg ins e mployment J anuary 10 an d i s on pai d s tatus t he
required 80 hour s i n t his m onth. S/he is t hen c overed in f or t he m onth of F ebruary. An E mployee
terminates J anuary 25 after bei ng o n pa id s tatus t he r equired 80 h ours. S /he t hen is c overed f or t he
month of February. In both cases, if an employee is not on paid status the required 80 hours in January,
s/he would not be covered in February). Paid status does not i nclude overtime hours worked or "cash
out" of accrued leave. Eligibility for insurance coverage shall be consistent with the insurance carrier's
eligibility requirements.
It is understood that the concept of "cash out" of accrued leave time (vacation, holiday, and compensatory
time) does not constitute hours worked or compensated hours. A cash out is when an employee receives
payment f or ac crued I eave without actually t along t he p aid t ime of f s uch as upo n t ermination f rom
employment.
20.3 Medical, Dental, and Vision Insurance Premiums. Effective July 1, 2011 or the first pay period
following ratification of this Agreement, whichever is later, the Cityshall pay ninety (90) percent of the
cost of t he e mployee's health insurance premiums with t he em ployee pa ying t he r emaining t en (10)
percent through payroll deduction.
20.3.1 Payment of P remiums. A II health insurance premiums pai d b y t he C ity o n b ehalf of
employees s hall o my b e p aid directly to t he insurance c arrier or third party a dministrator. N o
such insurance premiums shall be paid directly to the employee except as otherwise provided for
in a separation agreement.
CAP081111 Page No. 30
20.3.2 Part-time E mployees. H ealth insurance pr emium contributions s hall b e m ade o n a
prorated basis for bargaining unit employees qualifying for insurance coverage but working less
than full time.
20.4 Section 125. The employer shall institute an IRS Section 125 plan for the purpose of allowing the
employee contribution toward health insurance premiums to be a tax free payroll deduction. Additionally,
the employer may, in its discretion, institute an IRS Section 125 Flexible Spending Arrangement plan and
make such pl an available t o al I em ployees o n a voluntary basis a t an y t ime dur ing t he I ife of this
agreement.
20.5 Health Reimbursement Arrangement. During the life of this Agreement the City shall cause to be
created a Health Reimbursement Arrangement through a Voluntary Employees' Beneficiary Association
(hereinafter referred to as HRA or HRA VEBA) under Section 501 (c)(9) of the Internal Revenue Code for
each employee of the bargaining unit.
20.5.1 Funding of H RA V EBA. The following em ployer c ontributions s hall be m ade t o eac h
bargaining unit employee's HRA VEBA:
a. The City shall contribute one hundred dollars ($100) per month per full time employee to the
established HRA VEBA.
The amount of the HRA contributions for part-time bargaining unit employees shall be
prorated based on full time equivalency of the employee's position.
20.6 Long Term Disability Insurance. T he Cityshall provide full time employees long term disability
insurance that provides, at a minimum, a 66 2/3% benefit effective the 91St day of the disability.
20.7 Life I nsurance. T he C ity s hall pr ovide f ull t ime e mployees a t erm I ife i nsurance be nefit p olicy
equal t o o ne (1) years' s glary. T he one years' s glary s hall b e c alculated once each year on July 1 b y
multiplying the monthly salary by twelve (12). In addition, to the extent the carrier permits, the City will
allow employees to purchase additional life insurance at the employee's expense.
ARTICLE XXI -WORKER'S COMPENSATION
21.1 Worker's C ompensation. The C ity s hall provide worker's c ompensation c overage f or i ndustrial
accidents and disease in accordance with state and federal law.
ARTICLE XXII -DRUG AND ALCOHOL POLICY
22.1 Drug and Alcohol Policv. The City's adopted Drug and Alcohol Policy is, by this reference, made
a part of t his A greement. E mployees whose j ob r equires a C DL s hall be s ubject t o D epartment of
Transportation (DOT) random testing requirements.
ARTICLE XXIII -OUTSIDE EMPLOYMENT
23.1 Outside Employment. No employee covered by this Agreement shall carry on concurrently with
his/her p ublic s ervice a ny private b usiness or undertaking or other em ployment w hich affects t he t ime,
quality or efficiency of the employee's City work, or which casts discredit upon or creates embarrassment
for the City or conflicts with the interest of the City of Central Point. The City Administrator or his designee
shall, in his/her discretion enforce the terms of this Article, and such enforcement shall be subject to the
grievance procedure.
CAP081111 Page No. 31
ARTICLE XXVI -DISCIPLINE AND DISCHARGE
24.1 Discipline. No regular, non-probationary employee shall be disciplined or discharged except for
just cause. Discipline will normally be progressive. If a violation of a City policy or work practice is of a
serious enough nature, an employee may be discharged without prior disciplinary warnings. Oral
warnings, counseling or other oral communication are considered d iscipline and shall be documented;
however, such documentation shall not be considered a written disciplinary action, not be subject to the
grievance procedure, and such documentation will not be placed in the employee's personnel file.
24.2 Imposition. The City, in disciplining an employee, shall make a reasonable effort to impose such
discipline in a manner that will not embarrass or humiliate the employee before other employees or the
public.
24.3 Probationary Employee. A probationary employee as defined in Article VIII, Probation, Section 1,
shall s erve a t t he pleasure of t he C ity an d m ay be d isciplined or d ischarged f or an y r eason a nd s uch
discipline or discharge shall not be grievable.
24.4 Grieving Discipline. Any disciplinary action, except oral reprimands, counseling, verbal warnings,
or other oral communications imposed upon an employee, if protested, shall be protested through the
grievance procedure, Article XXV, Grievance Procedure. However, written reprimands may be processed
only through step 3 of the grievance procedure.
24.5 Union R epresentation. An em ployee s hall, u pon r equest, be given t he op portunity t o have a
Union representative present at all disciplinary meetings.
ARTICLE XXV -GRIEVANCE PROCEDURE
25.1 Definition. A grievance is defined as a claim by an employee and/or Union that there has been a
violation of the bargaining agreement.
25.2 Informal R esolution. When s uch alleged violations arise, an attempt should be m ade b y t he
employee an d h is/her i mmediate s upervisor t o s ettle t hem i nformally. Apr oblem w hick c annot be
resolved informally will be processed as a grievance in accordance with Article XXV, Section 3.
25.3 Grievance Procedure. Each grievance will be processed in the following manner
Step I . W ithin f fifteen (15) c alendar days of ter t he o ccurrence of t he c ause of complaint, the
employee and/or the Union will reduce the grievance to writing, stating the reasons therefore, the
contract provision violated, the date of the occurrence, and the remedy requested and will present
it to the employee's immediate supervisor. Within ten (10) business days after the grievance is
submitted to the supervisor, the supervisor will respond in writing. If s/he wishes, the employee
involved m ay b e ac companied at a ny gr ievance-related m eeting b y a U pion r epresentative of
his/her choice who is reasonably available.
Step II. If the grievant is not satisfied with the response to the grievance by the supervisor, s/he
may, within ten (10) business days of receipt of the supervisor's decision, request in writing that
the department head review the decision. If the supervisor is the department head, the grievance
will skip to Step I II. Within ten (10) business days of such request, the department head s hall
render his/her decision in writing.
Step III. If the grievant is not satisfied with the disposition of the grievance by the department
head, s /he m ay, w ithin t en (10) bus iness da ys of his/her r eceipt of said dec ision, r equest i n
writing, th at th e C ity Manager review t he dec ision. Within t en (10) bus iness da ys, t he C ity
Manager shall render his/her decision in writing.
CAP081111 Page No. 32
Step IV. If the grievant is not satisfied with the disposition of the grievance by the City Manager,
the U pion m ay, within t en (10) bus iness da ys f rom r eceipt of t he C ity Manager's d ecision,
request, in writing, that the grievance be brought to arbitration. If a timely, valid request has been
made, t he p arties s hall j ointly r equest f rom t he S tate C onciliation S ervice, a I ist of seven (7)
arbitrators r esiding i n O regon who ar e m embers of the A merican A rbitration A ssociation and,
beginning with t he grieving par ty/Union, t he par ties s hall al ternately s trike nam es. T he name
remaining shall be the arbitrator. Seven (7) business days shall be allowed for the striking. The
parties may, by mutual agreement, request a new panel.
The hearing under this procedure shall be kept informal and private, and shall include only such
parties in interest and/or designated representatives. The arbitrator shall render a decision within
thirty (30) calendar days from the date of the formal hearing. The power of the arbitrator shall be
limited to interpreting this Agreement and determining if the disputed article or portion thereof has
been violated. The arbitrator shall have no authority to alter, modify, vacate or amend any terms
of this Agreement or to substitute his/her j udgment on a m atter or condition for that of the C ity
where t he C ity has n of n egotiated a nd limited i is a uthority on t he m atter or c ondition. T he
decision of the arbitrator within these stated limits shall be final and binding on both parties. No
issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an
action or occurrence which takes place following the execution date of this Agreement, and no
arbitration determination or award shall be made by the arbitrator whatsoever prior to the
execution date of this Agreement. In case of a grievance involving any continuing or other money
claim agai nst t he C ity, no award s hall b e m ade b y the arbitrator which s hall allow any a Ileged
accruals for more than ten (10) calendar days prior to the date when such grievance shall have
first been presented.
25.4 Expenses. Expenses for the arbitrator's services and the proceedings shall be borne equally by
both parties. However, each party shall be completely responsible for all costs of preparing and
presenting its own case, including compensating its own representatives and witnesses. If either party
desires a record of the proceedings, it shall solely bear the cost of such record. In the event the arbitrator
finds that s /he h as no authority or power to r ule in any c ase, t he m after s hall be r eferred b ack t o t he
parties without decision or recommendation on the merits of the case.
25.5 Time Limits. All parties subject to these procedures shall be bound by the time limits contained
herein. However, time limits may be extended by mutual consent of both parties. If either party fails to
follow such limits, the following shall result:
(a) If the grievant fails to respond in a timely fashion, the grievance shall be deemed waived.
(b) If t he party being grieved against f ails t o r espond in a t imely f ashion, t he grievance s hall
proceed to the next step.
25.6 Grievance F ile. All d ocuments, communications an d records dealing with the processing of a
grievance shall be filed in a separate grievance file, and will not be placed in the personnel file. However,
evidence of any discipline imposed and an explanation of the action which resulted in such discipline will
be placed in the employee's personnel file.
ARTICLE XXVI -UNPROTECTED STRIKE ACTIVITY AND LOCKOUT
26.1 Lockout. There shall be no lockout of employees by the City as a consequence of any dispute
arising during the period of this Agreement.
26.2 Strike. The Union will not initiate or engage in, and no employee(s) will participate or engage in
any s trike, s lowdown, picketing, bo ycott, s ick-out or of her i nterruption of work during t he t erm o f t his
CAP081111 Page No. 33
Agreement.
26.3 Union Responsibility. Should a strike, slowdown, picketing, boycott or other interruption of work
occur, the Union, upon receiving notice of a strike, slowdown, picketing, boycott or other interruption of
work which it has not authorized, will take all reasonable steps to terminate such activity and induce the
employees concerned to return to work. If the Union takes such action, it shall not be held liable by the
City for unauthorized activity of the employees involved.
26.4 Discipline. In the event employee(s) participate in a strike, slowdown, picketing, boycott, sick-out
or other interruption of work in violation of this Article, the participating employee(s) shall be subject to
disciplinary action which may include discharge.
26.5 Wages and B enefits D wring Work I nterruption. I t i s under stood t hat em ployees shall n of be
entitled to any benefits or wages whatsoever while they are engaged in such work interruption.
ARTICLE XXVII -SAVINGS CLAUSE
27.1 Savings Clause. Should a ny Article or section thereof of this Agreement be held unlawful a nd
unenforceable by any Court of competent jurisdiction, such decision of the Court shall apply only to the
specific Article or section thereof directly specified in the decision. The remainder of this Agreement shall
remain in effect pursuant to the terms of the Duration Article. Upon such declaration, the parties agree to
immediately negotiate a substitute, if possible, for the invalidated portion thereof.
ARTICLE XXVIII -DURATION
28.1 Duration. This Agreement shall be effective upon ratification and shall remain in effect through
June 30, 2012.
• The salary schedule in Appendix A reflects a 1.0% Cost of Living Adjustment effective
retroactive to July 1, 2011.
• The position of IT Specialist shall be moved from the Police Bargaining Unit to the
General Service Bargaining Unit, pursuant to a separate Letter of Agreement.
ARTICLE XXIX -EXECUTION/SIGNATURES
Executed this day of , 2011 at Central Point, Oregon, by the undersigned officers by
authority and behalf of the City of Central Point and Teamsters Local Union No. 223.
Teamsters Local Union No. 223
Clayton Banry, Secretary Treasure
Brent Jensen, Labor Representative
City of Central Point
Hank Williams, Mayor
Phil Messina, City Manager
CAP081111 Page No. 34
Classification Pay Plan Effective 07/01/2011 (Proposed)
Part A: General Service Bargaining Unit Positions
Step Step Step Step Step Step
Classification Title Grade A B C D E F
Grade 2-3 GS2-3 2,564 2,693 2,827 2,969 3,117 3,273
Financial Support Specialist
Utility Maintenance 1
Grade 4 GS4 2,798 2,938 3,085 3,239 3,401 3,571
Business License Account Clerk
Parks Maintenance Worker
Planning Support Specialist
Public Works Support Specialist
Utility Billing Account Clerk
Utility Maintenance 2
Grade 5 GS5 3,145 3,302 3,467 3,641 3,823 4,014
Accounting Specialist
Automotive Maintenance Technician
Customer Service Technician
Equipment Maint/Fabrication
Technician
Municipal Court Clerk
Recreation Programs Coordinator
Utility Maintenance 3
Grade 6 GS6 3,483 3,657 3,840 4,032 4,234 4,446
Engineering Technician - GIS
Engineering Technician -Field
Parks Lead -Maintenance; Contracts
Recreation Coordinator: Special Events/Mktg
Utility Maintenance Lead -Streets; Water
Grade 7 GS7 3,838 4,030 4,232 4,443 4,666 4,899
Community Planner
Flood Plain/Storm Water Coordinator
Grade 8 GS8 4,294 4,509 4,734 4,971 5,220 5,481
IT Specialist (pending LGPI review)
Grade 9 GS9 4,767 5,005 5,255 5,518 5,794 6,084
Building Official/Inspector/Supervisor
Ret urn t o Resol ut i on Ret urn t o Agenda
CAP081111 Page No. 35
Business
Medford Rate
Compromise
CAP081111 Page No. 36
ENT ~ Administration Department
INTEROFFICE MEMO P+~~NT Phil Messina, City Administrator
Chris Clayton, Assistant City Administrator
Deanna Casey, City Recorder
Barb Robson, Human Resources Manager
TO: Central Point City Council
Ket urn t o Hgenda
FROM: Administration
SUBJECT: Medford Water Commission Rate Compromise Proposal
DATE: August 25ti' 2011
As an outgrowth of the CWC (Cities Water Coalition consisting of Central Point, Eagle Point, Phoenii and Talent)
taping an active role in the Medford Water Commission SDC and rate proposals last winter, a Cost of Seib-ice Stud-
(LOSS) Work Group was authorized by the Medford Water Commission. The CWC authorized Chris Peters
(Public Works Management) and Chris Cla~-ton (City of Central Point) to represent the cities. About five meetings
of the group were held. Each of those meetings was attended by the MWC Manager, Larry Rains, and two MWC
Commissioners, Tom Hall and Leigh Johnson.
The most recent meeting was held on July 26. In addition to the above-described participants, Tessa DeLine from
the MWC and Joe Strahl from Public Works Management were both in attendance for this pivotal meeting. After
months of effort it was apparent that the Water Commission staff and the cities still had differences in the analysis
that would prevent movement to one end or the other. It appeared to me that at least five cents per thousand gallons
reduction should occur. Chris Peters' analysis, considering all potential adjustments, could have resulted in a $O.1>
per thousand gallons reduction. Lari-~- Rains was not able to justify more than two or three cents, according to his
analysis. The Commissioners offered to break the impasse by proposing a compromise reduction of sii cents per
thousand gallons.
This compromise was offered with the knowledge that Medford inside customer rates would need to increase
slightly to maintain needed revenues. The offer is contingent on two things: 1) being able to develop an analysis
that justifies the decrease to the other cities and 2) keeping this matter off the table for a few years so that other
issues of mutual interest can be focused on instead. The CWC participants are certain that an analysis can be
presented that accomplishes this justification. Almost everyone on the CWC and the MWC realizes that there are
other issues, life water rights for the entire region, of equal or greater significance compared to wholesale rates.
This compromise proposal must still be justified to the whole Commission and adopted by the MWC during the rate
setting process to take place this fall. The new rates would go into effect in March 2012.
Even though this is not an action item for the City Council at this time, it is important to determine if this
arrangement will be acceptable to the City if adopted by the Medford Water Commission. It seems that the best
way to accomplish this is to receive and pass on objections from the City if they eiist.
Based on the facts that the MWC can legally charge whatever they want to charge, that rates are currently low
compared to most other areas in Oregon, that a reduction of any amount improves the equity position that we have
been ti~~ng to achieve, that further analysis and meetings of the LOSS Work Group would most likely further
entrench positions on both sides, and that acceptance of this compromise would allow the other cities to work
closely with the MWC on important water issues that affect the entire region, approval is recommended.
CAP081111 Page No. 37
Business
Medford Water
Agreement Revised
CAP081111 Page No. 38
Parks & Public Work Department
STAFF REPORT
DATE: AUGUST 18, 2011
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: Medford Water Commission (MWC) Contract
Matt Samitore, Director
Ket urn t o Hgenda
SUMMARY: In July 2011 the City Council approved a revised contract with the MWC for supply of
water for the next five years. The MWC agreed to all of the changes except for one regarding large
water customers under article 1.
Council had sent the following language to the MWC:
L~ the case of arr extr•enrell~ large industrial or• commerc•i~rl user° (those who utilise oi~er° ?.0 [l1(1D), T ~'NDC)R
• ~ ~ *~~~~-• ~ ~•~~~~•~ ~~~~ that ~ar•ticrrlar° user that its needed i~~ater suphl~~ is
shall wor°k with ~~+ ~ 1
irr the best inter°est of the citiyerrs of C'entr'al Point and [lledf~rd artd makes the best use of the region's limited
water resorrr•c•es. T ~NDC)R does not guarantee P t TRC'HA~SER that ei~er•v large conzrTZer•c•ial or inca'7rstrial 7r er
located in PtTRC'HA~SER'~S ser°i~ic•e area ~~~ill automatically be provided ~~~ater. T ~'NDC)R shall, lun~~ei~er•,
apph~ the sarrre standar°a' as related to ser~~ic•e to larger users, ererdv across all the jrrr°isdictiorrs supplied b~~
l ENDC)R.
The MWC counters that the "paragraph cannot be made because our Charter from the City of
Medford does not allow us to legally consider anyone else's best interests except the citizens of
Medford."
Their revision reads as follows:
Irv the case of arr extremely large industrial or• c•ournzercial user (those 1~~Iro utilise oi~er ?.O 1lIGD), T ~NDOR
shall make a determination ~~~hether famishing that particular user ~~~ith its needed water supply is in the best
interest of the c•iti~errs ofllledfor•d and makes the best zrse of the region's limited 71~ater resorrr•c•es. T~NDC)R
does not guarantee PtTR(,HASER that emery large c•ourrrzercial or° irulustrial user located irr PtTRC'HA~SER'~S
ser°rice ar°ea 7~~i11 arrtonurticalh~ be provided water. T ~NDOR shall, lro~reyer°, apply the sarrre starrdar•c% as
r°elated to ser~~ic•e to larger users, ererdv across all the jur°ischc•tiorzs supplied by T ~NDOR
CAP081111 Page No. 39
As staff indicated to council at the last meeting the paragraph in question has previously been
approved in four other contracts. Our hope would be to work on revised language for the next
contract to clarify the economic ramifications of the current wording.
RECOMMENDATION: Staff suggests approval of the revised contract.
CAP081111 Page No. 40
AGREEMENT
THIS AGREEMENT, made and entered into in duplicate on the day of
2011, by and between the City of Central Point, a municipal corporation
of the State of Oregon, (hereinafter referred to as PURCHASER), and the City of Medford, a
municipal corporation of the State of Oregon, acting by and through its Board of Water
Commissioners, (hereinafter referred to as VENDOR),
WITNESSETH:
WHEREAS, VENDOR has wintertime (October through April) surplus water available in
its municipal water system; and
WHEREAS, PURCHASER desires to purchase said surplus water from the municipal
water system of VENDOR; and
WHEREAS, PURCHASER desires to purchase treat-and-transport services for
PURCHASER's own permitted or certificated water rights during summertime (May through
September) from VENDOR;
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
promises hereinafter expressed, and intending to be legally bound hereby, the parties hereto do
mutually agree as follows:
ARTICLE 1. SCOPE OF WATER SUPPLY SERVICE
VENDOR owns and operates the treatment and transmission facilities which supply
"surplus" water to PURCHASER. VENDOR routinely attempts to anticipate the water demands
of its customers, including those of PURCHASER. VENDOR needs reasonably accurate
forecasts of future water demands in order to ensure sufficient "surplus" capacity in these
facilities to meet the growth needs of its customers. Therefore, PURCHASER agrees that at the
five-year renewal period it will convey to VENDOR a reasonable estimate of its maximum daily
demand for the next five-year period. VENDOR agrees to continue to supply surplus water up to
a maximum 3,255 gallons per minute (GPM), for the months of October through April, and treat-
and-transport water up to a maximum of 5,700 GPM, for the months of May through September.
The summertime 5,700 GPM shall be divided between meter locations with 1,500 GPM at
Hopkins Road, 4,200 GPM at Vilas Road, and /or a share (Max 360 GPM) at Beall Lane. The
wintertime 3,255 GPM shall be divided similarly, i.e., 1,425 GPM at Hopkins Road, 1,830 GPM
at Vilas Road, and/or a share (Max 205 GPM) at Beall Lane. In the case of an emergency,
VENDOR agrees to increase the supply within the limits of its system. PURCHASER shall
immediately take all necessary steps to remedy the emergency.
CAP081111 Page No. 41
Both parties understand and acknowledge that PURCHASER'S estimated demand is
just a forecast and may prove to be too low, and that a large industrial or commercial customer
may alter the demands of PURCHASER. In the event that PURCHASER becomes aware that it
shall exceed its estimated maximum day demand, it shall notify VENDOR with a new estimated
demand. VENDOR shall then determine if it has sufficient surplus treatment and transmission
capacity to meet this anticipated demand. If sufficient capacity does not exist, then VENDOR
shall provide PURCHASER a timeline for VENDOR to meet the demand.
In the case of an extremely large industrial or commercial user (those who utilize over
2.0 MGD), VENDOR shall make a determination whether furnishing that particular user with its
needed water supply is in the best interest of the citizens of Medford and makes the best use of
the region's limited water resources. VENDOR does not guarantee PURCHASER that every
large commercial or industrial user located in PURCHASER'S service area will automatically be
provided water. VENDOR shall, however, apply the same standard, as related to service to
larger users, evenly across all the jurisdictions supplied by VENDOR.
ARTICLE 2. CONNECTIONS
PURCHASER'S primary water supply connections from VENDOR'S system are through
an eight-inch (8") connection on Beall Lane, a 10-inch (10") connection on Hopkins Road, and a
10-inch (10") connection on Vilas Road. The connections are available for utilization on a year-
round basis. All piping and control valves downstream of these master meters shall be the
responsibility of PURCHASER.
ARTICLE 3. RULES AND REGULATIONS
All rules and regulations of the Board of Water Commissioners relating to water users
outside of the City of Medford as now in effect, or as the Board of Water Commissioners of the
City of Medford may from time to time prescribe, shall be deemed a part of this Agreement, and
PURCHASER agrees to comply therewith and its rights for the supply of water shall be
governed thereby. No such rules or regulations shall relieve VENDOR of its obligation to supply
water in accordance with the terms of this Agreement except as may be dictated by federal and
state regulations or other items beyond VENDOR's control. Nothing contained in this Agreement
shall be deemed to modify, alter or repeal any such regulations now or hereinafter adopted.
PURCHASER acknowledges that it has received a copy of all rules and regulations governing
water service of VENDOR relating to water users outside the City of Medford, attached as
Exhibit A to this Agreement. VENDOR shall promptly, upon passage, supply to PURCHASER a
copy of any amendments or additions to said rules and regulations.
ARTICLE 4. URBANIZATION POLICY
PURCHASER agrees that water supplied to its customers is an "urban" service and
should be confined to current or future city residents. PURCHASER may establish its own
urbanization and outside water service policies based on this premise or may utilize VENDOR's
policy. In order to avoid future service conflicts, a general water service boundary map is
CAP081111 Page No. 42
attached to this Agreement as Exhibit B. This map is intended to be modified as urban
boundaries change due to regional and local planning decisions.
PURCHASER agrees that it shall not serve any areas outside their city limits other than:
a) Areas within PURCHASER'S Urban Growth Boundary; and
b) Areas within PURCHASER'S Future Urban Reserve Area; and
c) Areas within the Seven Oaks Interchange "Area of Mutual Planning Concern";
all as defined and described in PURCHASER'S Comprehensive Plan, which may be duly
modified from time to time. PURCHASER also agrees to notify VENDOR in writing of all
annexations or modifications to any of the boundaries described above.
ARTICLE 5. MEETING FUTURE WATER DEMANDS
PURCHASER understands that this Agreement calls for the sale of surplus water from
VENDOR and that by the Year 2030, with current growth trends, VENDOR will completely utilize
all of its natural stream flow rights from the Rogue River and those from Big Butte Springs. This
will mean that VENDOR will not have sufficient "surplus" water to meet the summertime
demands of PURCHASER. Additional stored water for municipal and industrial uses is currently
available from the U.S. Army Corps of Engineers at Lost Creek Reservoir; or other alternatives
may be available to meet summertime demands. Even though it is still many years until the
system utilizes all of its current surplus water, plans and actions are needed now in order to
avoid future water shortages. PURCHASER has purchased or acquired the full 2020 demand
including, but not limited to, any required water right permits, change of use, or point of
diversion. PURCHASER shall secure and maintain the required demand water rights in
perpetuity. Current growth and demand projections, as determined by PURCHASER, indicate
that PURCHASER will need 1,535 acre-feet of water to meet its 2020 summertime demand.
VENDOR acknowledges that the current demand is based upon population projections
established in 2005. New projections will need to be completed before the next agreement.
Demand projections have been reviewed by VENDOR and PURCHASER. As growth continues
in the future, water rights will need to be continually evaluated and obtained by PURCHASER in
order to meet those demands.
VENDOR has included the service area of PURCHASER on water right permits made to
the Oregon Water Resources Department (OWRD); however, PURCHASER acknowledges that
the surplus water used by VENDOR to supply PURCHASER's demands comes from water right
certificates and permits issued by OWRD to the VENDOR. PURCHASER acknowledges that
these permits and certificates therefore belong to the VENDOR. PURCHASER also
acknowledges that VENDOR has discretion to lawfully re-designate or change areas of service
of noted surplus water for future agreements. PURCHASER agrees to work with VENDOR on
long term regional water supply issues.
CAP081111 Page No. 43
VENDOR maintains water-measuring equipment at the Robert A. Duff Water Treatment
Plant for recording the amount of water withdrawn from the Rogue River covering all valid water
rights and all data acquired is of public record. VENDOR also monitors master water meters at
three locations noted in Article 2 for the purposes of recording the amount of water used by
PURCHASER. VENDOR provides on a monthly bill the usage of water by PURCHASER
pertaining to this Agreement.
ARTICLE 6. PAYMENTS TO VENDOR
PURCHASER shall pay monthly to VENDOR for all water thus purchased from
VENDOR at VENDOR's regularly scheduled rates for water service to incorporated cities in
effect at a particular time. VENDOR reserves the right to change said rates at any time upon
sixty (60) days written notice to PURCHASER. VENDOR agrees to make reasonable effort to
notify PURCHASER annually, at least two months prior to the end of the calendar year of
VENDOR's opinion as to the need for rate adjustment during the subsequent year.
ARTICLE 7. TERM OF AGREEMENT
VENDOR has every intention of selling water to PURCHASER for as long as
PURCHASER desires to purchase from VENDOR and VENDOR has surplus water to sell. In
furtherance of that understanding, VENDOR agrees to negotiate in good faith with
PURCHASER for renewal of the Agreement. In the event that VENDOR does not renew the
Agreement, then the current Agreement will continue in effect as long as reasonably necessary
to allow PURCHASER to secure other sources of water. However, Section 19 of the Charter of
the City of Medford limits the term of water service contracts to 20 years and, therefore, the
obligations of VENDOR under this Agreement shall not, under any circumstances, exceed that
period of time. PURCHASER shall make no assignment of the rights or interests herein granted
without written permission. In the event of any occurrence rendering PURCHASER incapable of
performing under the Agreement, any successor of PURCHASER, whether the result of legal
process, assignment, or otherwise, shall succeed to such right of PURCHASER hereunder.
The term of this Agreement shall be five (5) years from the date hereof. PURCHASER
may, at its option, extend the term for three additional five-year periods, which periods would
run through 2020, 2025, and 2030 respectively. Written notice of the election to exercise afive-
year extension of the contract must be given to VENDOR not later than January 1st of the year
in which the agreement would expire if there was no extension.
ARTICLE 8. WATER CURTAILMENT PLAN
VENDOR, on March 4, 2009, passed Resolution No. 1345 adopting a Water Curtailment
Plan for VENDOR's service area. This plan calls for the curtailment of water use by all types of
customers using water provided by VENDOR during periods of drought or emergency.
VENDOR's Water Curtailment Plan is hereby incorporated into and made a part of this
Agreement by this reference. During emergency or drought periods, VENDOR shall give
PURCHASER as much advance warning as possible prior to curtailment of water supplies. The
CAP081111 Page No. 44
level of curtailment shall be determined by VENDOR based on the severity of the proposed
shortage. PURCHASER shall be responsible for enforcing the curtailment plan in its service
area.
ARTICLE 9. INDEMNITY AND COMPLIANCE WITH LAWS AND REGULATIONS
To the extent provided under the Oregon Tort Claims Act, ORS 30.260 to 30.300, and to
the extent PURCHASER is to perform work pursuant to the terms of this Agreement,
PURCHASER agrees that it will be solely responsible for any damage or trespass to or upon
adjacent property or injury thereto and any and all other liability or damages resulting from or in
connection with its operation, and that it will hold VENDOR harmless from any claim, liability,
damages or obligation arising therefrom and indemnify VENDOR for the amount of any
obligation it may incur on account thereof or arising therefrom. Provided, however, that
PURCHASER shall not be required to indemnify VENDOR against liability for damage arising
out of death or bodily injury to persons or damage to property caused in whole or in part by the
negligence of VENDOR, except to the extent that the death or bodily injury to persons or
damage to property arises out of the fault of PURCHASER or PURCHASER's agents,
representatives or subcontractors.
To the extent PURCHASER is to perform work pursuant to the terms of this Agreement,
PURCHASER shall at all times observe and comply with all federal and state laws and local
ordinances and regulations, in any manner affecting the conduct of the work, and all such
orders or decrees as exist at the present and those which may be made or enacted later by
bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and
save harmless VENDOR and all its officers, agents and servants against any claim or liability
arising or based on the violation of any such law, ordinance, regulation, order or decrees,
whether by themselves or their employees.
ARTICLE 10. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect, and shall in no way be affected, impaired, or
invalidated thereby.
ARTICLE 11. INTEGRATION
This Agreement represents the entire understanding of VENDOR and PURCHASER as
to those matters contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered herein. This Agreement may not be modified or
altered except in writing signed by both parties.
ARTICLE 12. JURISDICTION
This Agreement shall be administered and interpreted under the laws of the State of
Oregon. Jurisdiction of litigation arising from this Agreement shall be in that state.
CAP081111 Page No. 45
ARTICLE 13. DEFAULT
It is further understood and agreed by and between the parties hereto that this
Agreement is conditioned upon the faithful performance by PURCHASER of all terms and
provisions hereof, which, on its part, are to be kept and performed and any failure to do so or
any default which is not remedied within ten (10) days after the mailing of written notice from
VENDOR to PURCHASER specifying the particulars of the alleged default, shall give VENDOR
the right to discontinue furnishing water as herein provided and VENDOR may, at its option,
terminate this Agreement. Notwithstanding the foregoing, PURCHASER shall not be deemed in
default hereunder if the default is of such a nature that it cannot be remedied within ten (10)
days and PURCHASER proceeds in good faith to cure such default.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed
by their proper officers the day and year first above written.
VENDOR:
PURCHASER:
THE CITY OF MEDFORD THE CITY OF CENTRAL POINT
BY AND THROUGH ITS
BOARD OF WATER COMMISSIONERS
Chair
City Recorder
Mayor
City Recorder
Ket urn t o Hgenda
Keturn to 5~tatt Keport
CAP081111 Page No. 46