AGENDA  ORANGE COVE CITY COUNCIL SPECIAL COUNCIL MEETING November 18, 2024 11:00 AM City of Orange Cove Council Chambers 633 6th St. Orange Cove, CA 93646 ZOOM Information Meeting ID:87268105652 Passcode: 081089  tps/1s06web.zomus/672681056527pwd-rubwDKTJ2NBXtM2ihy41EZjuy.1  1. CALL TO ORDER/WELCOME  Roll Call Invocation  Flag Salute (Pledge of Allegiance) 2. CONFIRMATION OF AGENDA  Public comments during regular business items are limited to three minutes per person and fifteen minutes total per item.  3. CONSENT CALENDAR  (All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE. ForA purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda. The Council can  then approve the remainder of the consent calendar).    Parra/Crouch  3.a. SUBJECT: City of Orange Cove Flat Fee Agreement for  Professional Legal Services  RECOMMENDATION: Approve the First Amendment to the City of Orange Cove Flat Fee Agreement for Professional Services  4. REGULAR BUSINESS  4.a. SUBJECT: 2024-2028 Memorandum of Understanding Between  Parra  The City and OCPOA  RECOMMENDATION: Staff recommends that City Council approve the new Memorandum of Understanding Between the City and OCPOA for  2024-2028  5. PUBLIC COMMENTS  Notice(s) to the Public: This is the opportunity for any member of the public to address the City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Members of the public shall limit their remarks to three (3) minutes and no more than 15 minutes per topic. Ac closed session is needed to discuss the following matter: 6.a. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to S 54956.9(b): 1 case  6. CLOSED SESSION  Public Employment 6.b. Public Employment (S 54957) Title: City Manager  7. ADJOURNMENT  ADA Notice: In compliance with the. Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 213. Notification 48 hours prior to the meeting will enable the city to make arrangements to Documents: Any writings or documents provided to a majority oft the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall, Orange Cove, CA during normal business hours. In addition, most documents are posted  ensure accessibility to this meeting.  on City's website at clyolorangecove.com,    STATEMENT ON RULES OF DECORUM AND ENFORCEMENT The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting sO that  ito cannot be conducted in an orderly fashion.  During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the carrying out of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules  of decorum and enforcement.  GENERAL RULES OF DECORUM  While any meeting of the City Council is in session, the following rules of 1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City 2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (ii) which disturbs the peace of the meeting by loud and unreasonable noise, (ii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council 3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by 4. Members of the City Council may not interrupt a person who has the floor and isr making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have 5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting.  decorum shall be observed:  Council.  meeting.  the mayor to speak.  comments or questions.    ENFORCEMENT OF DECORUM RULES (Resolution No. 2012-16)  While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. Ifafter receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. Ifsuch person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact  impedes the orderly conduct of any City Council meeting.  law enforcement.  Ina accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately.    3.a  FIRST AMENDMENT TO FLAT FEE. AGREEMENT FOR  PROFESSIONAL LEGAL SERVICES  This First Amendment to Professional Legal Services Agreement is made on this  day of  2024, by and between the City of Orange Cove (hereinafter "City") and Griswold,  LaSalle, Cobb, Dowd & Gin, LLP (hereinafter "Contractor"), with respect to that Professional Legal Services Agreement ("Agreement") attached hereto as Exhibit 1, effective on April 1, 2022. City and Contractor are collectively referred tol herein as the "Parties" and singularly as a "Party." Forvaluable consideration, thei receipt ofwhichi is herebyacknowledged, the Parties amend the. Agreement 1. The fees for Included Services will be billed at a flat rate of eleven thousand dollars ($11,000.00) per 2. All terms and conditions of the Agreement not otherwise amended herein shall remain in full force  as follows:  month beginning on the effect date ofthis Amendment.  and effect. City of Orange Cove By: Diana Guerra Silva Mayor ATTEST: By:  Griswold, LaSalle, Cobb, Dowd & Gin, LLP  By:  Mario U. Zamora  Cynthia Cisneros City Clerk    CITY OF ORANGE COVE  FLAT FEE. AGREEMENT FOR: PROFESSIONAL LEGAL SERVICES THIS AGREEMENT is made effective as oft the 1st day of April, 2022, by and between City of Orange Cove (hereinafter "City") and Griswold, LaSalle, Cobb, Dowd & Gin, LLP (hereinafter "Contractor") for legal services tol bej provided as the Orange Cove City. Attorney.  RECITALS  WHEREAS, City requires legal services on an ongoing basis by its designated City WHEREAS, Contractor is qualified pursuant to the Government Code Section 41801 et NOW, THEREFORE, CITY AND CONTRACTOR MUTUALLY AGREE PURSUANTTOTHETERMS, COVENANTS AND CONDITIONS INDICATEDHEREIN  Attorney;  seq. toj perform such ongoing legal services;  AS FOLLOWS: 1.1 Recitals.  The recitals hereinabove set forth are by virtue of this reference incorporated herein as  though the same were set forth fully at this point.  2. Scope of Services  The Contractor shall provide legal services as requested by the City and will keep City informed of significant developments in those matters. All of the services to be provided by Contractor to City under this Agreement shall be labeled for billing purposes as "Included Services" and' "Not! Included Services.". Both the Included Services and thel Not Included Services shall sometimes be collectively referred to herein as "Services." The Included Services shall generallyinclude) legal issues surrounding those activities listedi in] Exhibit"A", attached hereto and  made aj part hereof.  The Not Included Services shall include those activities listed in Exhibit "B" attached hereto and madeap part hereof. As part ofthel Included Services, Contractor will attend all meetings  as required or needed.  Thej parties agree that they will discuss any services that do not specifically: fall into either category to determine whether the service in question should shall: inside the flat fee amount. Contractor will not represent City on matters to be handled by a Risk Management  Authority or other insurance carrier unless specifically requested.  Page1of8    Thej primary Attorney providing Services fori the City shall be Megan Dodd. Assisting Ms. City acknowledges. andi iti is aware that Services arej provided by Contractor on at team basis  Dodd on City matters is Attorney Mario Zamora.  and that all members and staffofContractor may and will bej providing such Services,  3.Compensation  Fees for Included Services will be billed at a flat fee ofs six thousand dollars ($6,000) per month and Not Included Services will be billed at Contractor's. hourly rates in addition to the flat fee. Hourly rates for the Not Included Services range from two hundred and five dollars to three hundred dollars ($205 - $300/hour) depending on the attorney, one hundred fifty per hour ($150/hour) for paraprofessionals and seventy-five dollars per hour ($75/hour) for clerical staff. All hourly rates are subject to change, however the flat fee shall: remain the same unless changed  by agreement or byi inflation as described below.  Each invoice, whether for Included Services or Not Included Services, shall include a description of services rendered, to whom so rendered, date of service and the charges according toi the agreed uponi method. Accounts willl bej payable! by check and willl be due by the 20th ofevery  month.  Any and all attorney's fees recovered by Contractor as a result of litigation shall be collected by Contractor on City's behalf and shall serve as a credit towards compensation due  thereafter to Contractor by City.  The flat rate shall increase by three percent (3%) at the beginning of each fiscal year to  account fori inflation, beginning in June 2023, 4. Modification and' Termination Without Cause  This Agreement may be modified only by a written amendment signed by thej parties. This Agreement is an at-will contract that may! bet terminated by City or Contractor at any time, without cause subject to the obligations of Contractor as an attorney under the California Rules of  Professional Conduct.  Following termination, Contractor shall turn over to the City all completed deliverables and then shall1 ber reimbursed for all expenditures made in good faith that are due and unpaid at the  time oftermination, 5. Warranty  City relies upon Contractor's professional ability and training as a material inducement to enter into this Agreement. Contractor warrants that it will perform its work according to generally accepted professional practices and standards and thei requirements of applicable federal, state and local laws. City's acceptance of Contractor's work shall not constitute a waiver or release of  Contractor: from professional responsibility.  Page2of8    Contractor: further warrants that it possesses current valid appropriate licensure, including, but not limited to, driver's license, professional license, or permits, required toj perform the work  under this Agreement. 6.1 Independent Contractor  Contractor is an independent contractor and not an agent, officer or employee of City. The parties mutually understand that this Agreement is not intended to and shall not be construed to create thei relationship ofagent, servant, employee, partnership, joint venture or association. Contractor shall have: no claim against City for employee rights or benefits including, but not limited to seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental or hospital benefits, retirement benefits, Social Security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, disability retirement  benefits, paid holidays or other paid leaves of absence.  Contractor: is solely obligated toj pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Workers' Compensation and Medicare payments.  As an independent contractor, Contractor is not subject to the direction and control ofCity except as to the final result contracted for under this Agreement. City may not require Contractor to change its manner of doing business, but may require redirection of efforts to fulfill this  Agreement.  Contractor may provide services to others during the same period Contractor provides Any persons employed by Contractor shall be under Contractor's exclusive direction, supervision and control. Contractor shall determine all conditions ofemployment including hours, wages, working conditions, discipline, hiring and discharging or any other condition of  service to City under this Agreement.  employment.  As ani independent contractor, Contractor shall indemnify and hold Cityl harmless from any claims that may bei made against City based on any contention by a third party that an employer-  employee relationship exists under this Agreement.  Contractor, with full knowledge and understanding of thelf foregoing, freely, knowingly, willingly and voluntarily waives the right to assert any claim to àny right or benefit or term or condition of employment insofar as the same may be related to or arise from compensation paid  hereunder.  Page 3 of8    7.1 Responsibilities of Contractor  Contractor possesses the requisite skills necessary to perform the work under this Agreement and City relies upon such skills. Contractor pledges to perform its work skillfully and professionally. City's acceptance of Contractor's work does not constitute ai release of Contractor  from its professional responsibility  Contractor verifies that it has reviewed the scope of work to be performed under this Agreement and agrees that in its professional judgment, the work can and shall be completed for  costs in accordance with thej provisions ofthis. Agreement.  8.1 I Indemmification.  Contractor agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims and any and all attorneys' fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain ori incur as a consequence ofori in any way: related to Contractor's: negligence or its failure toj perform or comply with any ofi its obligations or responsibilities contained int this Agreement.  This indemnification shall survive the termination oft this Agreement.  9. Insurance  Contractor agrees to carry errors and omissions insurance that provides not less than $1,000,000.00 in coverage per claim, and aggregate coverage ofnot less than $1,000,000.00. Contractor and/or its attorneys shall carry Auto Liability in the amount of$1,000,000.00 Contractor agrees to carry workers' compensation and employer's liability insurance in accordance with the California Labor Code and employer's liability limits asi required byl law. The insurer shall agreet to waive all rights of subrogation against the City, its officials, employees, and agents for losses arising from work performance by the Contractor for the City.  combined single limit (CSL): per accident.  10. Drug Free Workplace  Contractor warrants that it is knowledgeable of Government Code section 8350 et seq. regarding a drug free workplace and shall abidel by and implement its statutory requirements.  IL.Nondiserimination  In rendering services under this Agreement, Contractor shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental  disability, race, religion or sexual orientation.  Further, Contractor shall not discriminate against its employees, which includes, but isi not limited to, employment upgrading, demotion or transfer, recruitment or recruitment advertising,  Page 4 of8    layoff or termination, rates of pay or other forms of compensation and selection for training,  including apprenticeship. 12. Subcontractor and Assignment.  Services under this Agreement are deemed to be personal services. Contractor shall not subcontract any work under this Agreement nor assign this Agreement or monies due without the prior written consent ofthe City Manager, the departmental contract manager, department head or  his orl her designee subject to any required state or federal approval.  Assignment by Contractor of any monies due shall not constitute an assignment of the  Agreement. 13. Notice  Any notice necessary to the performance of this Agreement shall be given in writing by  personal delivery or by prepaid first-class mail addressed as follows:  City: Interim City Manager City of Orange Cove 633 Sixth Street Orange Cove, CA 93646  Contractor: Managing Partner 111 E. 7th Street Hanford, CA 93230  Griswold, LaSalle, Cobb, Dowd & Gin LLP  Ifnotice is given by personal delivery or electronic transmission, notice is effective as of the date of delivery. Ifr notice is given by mail, notice is effective as of three days following the date ofmailing or the date of delivery reflected upon ai return receipt, whichever occurs first.  14. Choice ofLaw  Thej parties have executed and delivered this agreement in the County of Fresno, State of California. The laws of the State of Califomia shall govern the validity, enforceability, or interpretation of this Agreement, Fresno County shall bei the venué for any action or proceeding, in law or equity that may bel brought in connection with this Agreement. Contractor hereby waives any rights it may possess under Section 394 ofthe Code ofCivil Procedure to transfer to a: neutral  county or other venue any action arising out ofthis Agreement.  /  / /  Page 50 of8    15. Severability  Ifanyofthe provisions oft this Agreement isi found tol bei unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the  limited extent required toj permit enforcement oft the. Agreement as a whole.  IN WITNESS WHEREOF, thej parties have executed this Agreement the day and year first  written above.  CITY OF ORANGB COVE  GRISWOLD, LASALLE, COBB, DOWD &  GIN, LLP  By:  By:  lw Mario U. Zamora, Managing Partner    ATTEST:  uloniQ,Cattw City Cles/Actug  Page 60 of8    Exhibit "A" Included Services  All day-to-day interaction, memorandums, legal research, meetings, contract review, and travel  for all city departments including: 1. Finance Department 2. HR labor relations 4. Public Works 5. City Council 6. Economic Development 7. City clerk 8. Engineering 9. Firel Department 10. Parks & Recreation  3. Police. Department; including subpoena and Pitchess Motion issues  Page 7of8    Exhibit "B" Notl Included Services  1. All litigation handled by our office  2. Environmental or real estate transactions (above and beyondnormal review ofi items stated  inF Exhibit"A") 4. Cannabis related issues 5. Cybersecurity/ IT related issues  3. Election and Redistricting related legal services  6. Any other irregular legal services as shall be designated by the City Manager All ofthe above are billed at our normal and customary hourly rates plus costs.  Page 8 of8    44.  For the Meeting of November 18, 2024  CITY OF ORANGE COVE REPORT TO THE CITY COUNCIL  To: From: Subject: Attachments: RECOMMENDATION:  Orange Cove City Council Megan Crouch, City Attorney  2024-2028 Memorandum of Understanding Between the City and  OCPOA  Memorandum of Understanding  Staff recommends that City Council approve the new Memorandum of Understanding Between  the City and OCPOA for 2024-2028.  BACKGROUND:  The City has been negotiating with OCPOA and came to an agreement on a new Memorandum of Understanding (MOU). This new MOU will allow for officer retention and Ift the new MOU is approved it will provide an immediate 7% wage increase. It also provides additional incentive pay starting in July of 2025. Lastly, OCPOA will receive a 2% COLA int fiscal year 2026-2027 and a 2% COLAI ini fiscal year 2027-2028. This means that the City will not need to renegotiate an MOU with OCPOA until the year 2028.  recruitment, which the City has struggled with as of recent.  FISCAL IMPACT: Prepared by: City Attorney REVIEW: City Manager: TYPE OF ITEM:  Approved by: Megan Crouch  Finance:  City Attorney: Public Hearing Other Continued to:  COUNCIL. ACTION: APPROVED DENIED NO ACTION  Consent Info Item Action Item Department Report Redevelopment Agency  Matter Initiated by a Council Member    Increased expenditures on wages CONFLICT OF INTEREST:  None.    MEMORANDUM OF UNDERSTANDING ("MOU" or' "Agreement") BETWEEN CITY OF ORANGE COVE ("City") AND CITY OF ORANGE COVE PEACE OFFICERS ASSOCIATION ("OCPOA" or "Association") BARGAINING UNIT WHEREAS, the City and OCPOA desire to continue promoting systematic and coordinated administration of employee relations between the City andi its employees and of protecting the public interest by assuring the orderly and uninterrupted operations and services of City government, both parties agree Ina all matters of employee relations referenced in this document and other personnel matters, employees oft the Peace Officers Association are exclusively represented by the OCPOA.  to enter intot this MOU.  ARTICLE1-TERM  A.  This Agreement shall define the terms of employment between the City and the OCPOA and shall be effective upon ratification by OCPOA members and adoption by the City Council and shall  remain in effect until. June 30, 2028.  ARTICLE II - GOVERNING LAWS  A.  The legal relationship between the City, and the employees shall be governed by the following: California Government Code section 3500 et seq. Meyers-Milias -Brown Act). City Of Orange Cove Personnel Rules for the City Personnel System ("Personnel Rules").  1. 2. 3. B.  Provisions of the Fair Labor Standards Act.  Employees shall be governed by all existing ordinances and resolutions of the City except as specifically modified by this Agreement. However, ift the Personnel Rules conflict with this Agreement,  this Agreement shall prevail,  ARTICLE III - CITY RIGHTS  Nothing here in this Agreement shall be construed to restrict any legal or inherent exclusive rights of the City with respect to matters of general legislative or managerial policy, which include, but are not  limited to the following: A. and boards. B. employment. C.  The exclusive right to determination the mission of its constituents, departments, commissions Set standards of service or determine the procedures and standards of selection for  Direct its employees and the work ofi its employees.  1    D. E. F. G. H. I. J. K. public. L.  Terminate and discipline employees in al lawful manner at the discretion of the City Manager Relieve or layoff its employees from duty because of lack of work, inclement weather Maintain the efficiency of governmental operations; determine the methods, means and Take all necessary action to carry out its mission in emergencies and exercise complete control Hire, promote, demote, transfer, assign, and classify employees within the City and Police Departments established personnel guidelines and determine the content or classification andj jobt titles. Take action as may be necessary to carry out the mission oft the agency in emergencies. Determine the methods, means and personnel by which operations are to be carried on. Determine its budget, organization merits, and level of any activity or service provided to the The City reserves the right and authority to adopt rules and regulations not inconsistent with law which shall be applicable to any and all departments of the Cityi in establishing and enforcing the  pursuant to the rules oft the Personnel Rules.  conditions, or for other reasons within the discretion oft the City Council. personnel by which government operations are to be conducted.  and discretion overi its organization and the technology of performing its work.  employee relations program provided for herein.  ARTICEIV-EMPLOYEE RIGHTS  A.  Right to. Join, Form, Participate: As provided for by Government Code section 3500 et seq., employees shall have the right to form,. join and participate int the activities ofe employee organizations of their choosing for the purpose of representation on all matters of employee relations, as well as the right to refuse toj join or participate ini the activities of employee organizations, and shall have the right tor represent themselves individually in their employment relations with the City, as provided by law. Right of Representation: Any employee shall have the right to be represented in his or her employment relations with the City, as well as the right to appear on his or her own behalf in his or her  B.  employee relations with the City.  C.  Scope of Representation: The scope of representation shall include matters relating to employment conditions including, but not limited to, wages, hours, and other terms and conditions of employment, except that the scope of representation shall noti include consideration of the merits, necessity, or organization of any service or activity provided by the City or any accommodation for an individual protected under the Americans with Disabilities Act, when such accommodations are in compliance with City's Disability Discrimination Policyand Complaint Procedure.  D.  Discrimination by City: The City agrees not to interfere with or discriminate in any way against any employee by reason of his or her membership in employee association activities. The City agrees not  2    toi intimidate any employee, not to attempt to restrain any employee, nor ina any way to limit the full and  free expression of any employee's right to participate in lawful activities.  E.  Discrimination by Employees: Employees shall noti interfere with, intimidate or discriminate in any manner against any employee by reason ofh his or her choice not to belong or be a member of any  Association or partake in the activities thereof  F.  The provisions of this Agreement shall be applied equally to all employees without favor or discrimination because ofl legally protected categories including but not limited to race, color, sex, age,  national origin, or political or religious opinions or affiliations.  G.  At Will Employees Only: All employees shall be hired or terminated at the direction of the City Manager pursuant to the rules oft the personnel system. Nothing in this Agreement shall be construed to infer that any City employee has any tenure or vested rights to employment with the City.  H.  Other Employees - Part-time, temporary, seasonal, provisional or special circumstance  employees are excluded from this Agreement.  ARTICLE V-A ASSOCIATION RECOGNITION  A.  Association Recognition: The City acknowledges OCPOA as the exclusive recognized employee organization representing City Of Orange Cove Peace Officers Association Bargaining Unit as defined in  the Personnel Rules. B.  Meet and Confer. 1.  The City and the Association mutually agree to meet and confer in good faith promptly upon the request of one another, and mutually agree to continue to meet and confer ing good faithi for a reasonable timei in order to exchange freelyi information, opinions and proposals and to endeavor to reach a successor. Agreement on matters within the scope of representation at least one week prior to the last regular Council meeting at which the City's budget must be  adopted for the ensuing fiscal year.  2.  Accommodations made on an individual basis in order to comply with the Americans  with Disabilities Act shall not be subject to this meet and confer requirement.  . Association Representative and Officers: The City and the Association recognize and agree to deal with one another's accredited officers and representatives in matters relating to grievances and the D. Unit Description: OCPOA: shall consist oft the following classifications: Police Sergeant, Corporal, Police Officer, Police Records Manager, Animal Control, and Code Enforcement. E. Payroll Deduction: The Citys shall allow payroll deductions on behalf of the OCPOA to be made in  interpretation of this MOU.  accordance with City guidelines.  VI-WORK PERIODS, OVERTIME, AND WORK SCHEDULE  3    A. B.  Work Period: For sworn members of the Police Department the work period shall be defined as Schedules: The City Manager or Police Chief may alter or arrange the schedule of employees' hours to fit the needs oft the Police Department, allowing or requiring employees to work more orl less  861 hours of work in a fourteen calendar day period, but subject to call at any time.  hours than theretofore enumerated.  C.  Overtime: For sworn members oft the Police Department overtime is defined as assigned and authorized hours actually worked in excess of 86 in a fourteen day work period. For purposes of calculating overtime, time during which an employee does not actually work shall not be considered. Employees who are required to work overtime shall be compensated at time and one half their base salaries (as defined by the Fair Labor Standards Act) as either compensatory time or paid time at the employee's discretion per the guidelines established under the Personnel Rules. The request for paid  time must be made during the work period that the overtime is earned.  D. E.  Authorization: All overtime shall be reviewed by the Police Chief prior to any work. The City Compensatory Time Compensatory time carried over from one fiscal year to the next shall not exceed 801 hours. Employees (including Sergeants) planning to use compensatory time will provide the City with five (5) working days' the written notice and said request will be approved if desired-staffing levels are able to be maintained. Employees with more than 801 hours compensatory time on the books at thet time of this agreement may not earn additional compensatory time; all circumstances which previously would have resulted in additional compensatory time will be  Manager may review overtime prior to disbursement.  compensated as overtime pursuant to this agreement.  1.  Any Member who accrues the maximum of8 80 hours of compensatory time, and who is unable to use the compensatory time because shift coverage is unavailable, ort the OCPOA member is needed for work, may be allowed to cash out up to one half of his/her compensatory time, upon approval by the Police Chief.  F.  Work Period Non Sworn Personnel. The regular work week is defined as 401 hours of work during acalendar week, but subject to call at anytime. Work periods are defined as 80 hours of work ina a fourteen (14) calendar day period. For purposes of calculating overtime, time during which an employee All overtime shall be reviewed by the Police Chief prior to any work. The City Manager may review  does not actually work shall not be considered. overtime prior to disbursement.  G.  Call-out and Standby Pay. Any employee placed on court standby in connection with their official duties on his or her day(s) off shall receive a minimum of two hours pay at a rate equivalent to one and one-half times the straight time hourly rate, and shall receive pay fori the actual amount oft time spent in court at a rate equivalent to one and one-half times the straight time hourly rate, whichever is greater. Officers on court standby, if issued a pager, will be required to carry such while on: standby. When contacted, the officer will respond to court within the time frame specified by Department policy.  The Chief of Police may develop other reasonable procedures.  4    H. Any employee who is recalled to work one (1) hour after the conclusion of, or prior to, his or her normal shifti is entitled to compensation at one and one-half times his or her normal hourly rate, at a minimum of two hours or actual time worked, whichever is greater. This minimum applies only to call  back.  I.  For Sworn Members of the Police Department, the work period shall be defined as 84 hours of work in at fourteen calendar day period, but subject to call at any time.  VII-EMPLOYEE BENEFITS  A. B.  Uniform Allowance and/or Uniform Provision: Regular full-time, sworn employees of the Police Mileage. Prior to using his/her privately owned automobile, employees must attempt to and use ac City vehicle ifa available. In the event an employee shall occasionally use his or her privately owned automobile for City business during the course of their employment, and meet the minimum requirements established in the City, said employee shall be compensated at the rate established by City per IRS standards cents per mile; provided that no City employee shall use his or her privately owned automobile for City business during the course of their employment without prior approval of the Chief of Police or City Manager. The employee must demonstrate proof of auto liability insurance prior to  Department shall receive a uniform allowance of $900 per year.  such approval. C.  Education Reimbursement. Any employee desiring special training within his City vocation may be reimbursed for partial tuition expense thereof, provided that said employee shall receive the prior recommendation of the Police Chief and approval of the City Manager and shall complete the training course with a minimum grade of"C" or its equivalent. Any veteran's allowance or other education benefit payable to said employee with respect thereto shall be deducted from this reimbursement. In the event any employee receiving such reimbursement resigns his/her position, all reimbursement for tuition expenses paid to said employee within the past 12 months shall be returned to the City.  D. E.  Holidays. See Personnel Rules Section 10.02. Vacation. See Personnel Rules Section 10.01.  1. Inl lieu of the maximum vacation accrual provisions set forth in Section 10.01B oft the City's Personnel Rules, ini the event an OCPOA member accrues the maximum amounts oft the his/her anniversary date, and the OCPOA member is unable to take vacation time because shift coverage is unavailable, or the OCPOA member is needed for work, the OCPOA member may be allowed to cash out to one half of his/her accrued vacation, upon approval  by the Police Chief.  F. G.  Sick Leave. See Personnel Rules 10.03.  Health and' Welfare: The City Council shall determine the group health and life insurance provider. The City will continue its medical, dental and vision plans in effect. Employees covered byt the medical program, including spouse and/or dependents, will pay the costs outlined in the proposed HMO plan, including co-pay of Thirty Dollars ($30.00). The PPO plan will remain the same. After the contract is  5    inp place, the City and OCPOA willl look at alternative plans and ways to effectively provide health and  welfare benefits to the employees.  1. Effective July 1, 2015,with proof of other insurance, the Citys shall contribute three hundred dollars ($300) per month for each employee not enrolled in the City's Health and Welfare Plan. The City contribution shall not exceed the health premium the employee is paying Eligible employees (i.e. with proof of other insurance) may continue this benefit as longas the employee continues to be employed with the City and does not discontinue enrollment All employee receiving the opt out benefit of up to three hundred dollars ($300) will be required to: submit proof of otheri insurance to the City on an annual basis and must notify the City if that insurance is discontinued for any reason. Proof of insurance will be shown by Employee wishing to re-enroll in the City Plan may do sO during the City's open enrollment ofi if there isa a change in the spousal Plan (i.e. plan is discontinued or spouse is terminated) Group Life Insurance Benefits. The City will provide each fulltime employee with Fifty Thousand Dollars ($50,000.00) ofterm insurance with accidental death and dismemberment coverage at no cost to the employee. Employees may also, through this plan, purchase additional coverage at the group  with a maximum oft three hundred dollars ($300).  int the benefits.  ag group healthi insurance employee benefits card.  H. rate.  City will continue the existing Long-Term Disability program, for sworn employees.  I. J.  Bereavement Leave. See Personnel Rules section 10.04.  Retirement. The Citys shall maintain in effect for all current sworn bargaining unit members the Public Employees' Retirement System (PERS) 2% at! 50 Plan. As soon as allowed by PERS, employees shall pay 5%1 towards the employee contribution oft the PERS cost formula. Final compensations for PERS retirement purposes will be calculated and based on a 3-year average of employees' salaries.  1. The Members of OCPOA agree pay the employee full portion in regards to contributionsto  CALPERS.  ARTICLE VII-SALARIES  From the date of approval oft this MOU, every OCPOA employee will receive a salary increase of 7%. Additionally, from the date of approval of this MOU every OCPOA employee will receive a night Effective. July 1, 2025, OCPOA employees will receive the following pay increases and incentives:  differential of2.5%.  A. Longevity Pay: OCPOA employees who have worked for Orange Cove Police Department for  5consecutive years full-time will be entitled to a 2.5% payi increase.  6    B. Certificate Pay: Those who complete POST Intermediate or above will be entitled to a 2.5% Education Pay: Those who complete an associate's degree will be entitled to a 2.5% pay increase. Those who complete a bachelor's degree will be entitled to a! 5% payi increase. If an employee has both an associate's and al bachelor's degree, it will be only be entitled to one 5%i increase. An employee will only get a payi increase for one degree total. D. City-Issued Cell Phones: The City will provide cell phones for each employee during his or  payi increase.  her shift.  E. Terms Applicable to. All Pay Increases and Incentives Listed. Above:  a. Employee can only receive at total of 5%i in pay increases (and 7.5%i if the employee possesses al bachelor's degree), regardless of how many of the above are applicable to said employee. For example, if an employee has been with Orange Cove for eleven years and has al POST intermediate certificate and an associate's degree, that employee will only be entitled to a 5% payi increase, not a 7.5% increase.  Fori fiscal year 2026-2027, OCPOA employees will receive a 2% cost of living increase. For fiscal year 2027-2028, OCPOA employees will receive a 2% cost of living increase.  ARTICLE IX-F RANDOM DRUG TESTING  All sworn personnel including reserves are subject to random drug test. The specific standards and policy will be prepared by the City and discussed with OCPOA within 60 days of ratification and approval  oft this Agreement and will be effective immediately thereafter.  ARTICLE X-F PHYSICAL FITNESS TESTING  All sworn personnel are required to complete physical fitness tests at the direction oft the Chief of Police.  ARTICLE XI - GENERAL PROVISIONS  A.  Nothing in this Agreement shall abrogate any portion of any existing Agreement hiring or appointing or establishing conditions ofe employment for the employees of the City Of Orange Cove. However, when in conflict, this Agreement supersedes the City's Personnel Rules.  B.  Nothing in this Agreement shall be construed to deny any person or employee the rights granted by Federal and State law and/or City ordinances. The provisions oft this Agreement shall be subject to all current and future applicable Federal and State laws and existing City ordinances, rules and  regulations. C.  The rights, powers and authority of the City Council in all matters, including the right to maintain  any legal action, shall not be modified or restricted by this Agreement.  ARTICLE XII- -S SEPARABILITY  7    Ifany provision oft this Agreement, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this Agreement or the application of such provision to person or circumstances other than those as to which it is heldi invalid, shall not be affected thereby.  ARTICLE XIII - PRIOR ACTIONS SUPERSEDED  This Agreement isi intended as an MOU setting forth the full and entire agreement of the City and its employees regarding the matters covered hereby. All other prior enactments and agreements relating  to the subject matter hereof are superseded andi terminated int their entirety.  ARTICLE XIV- MODIFICATION  During the life of this MOU, should either party desire to modify its terms, such party: shall request in writing to meet and confer on the item, which shall be specified in writing. Meeting and conferring shall not be required on any matter preempted or specifically provided for by state or federal law, including, without limitation, the Americans with Disabilities Act. No changes ini this Agreement shall be made without the mutual consent of both the Association and the City, and anys such changes shall bei in  writing and signed by both parties.  IN WITNESS WHERE OF, the parties hereto set their hands this  day  of  2024.  FOR THE ORANGE COVE PEACE OFFICERS ASSOCIATION BARGAINING UNIT JESUS RIVERA, PRESIDENT OCPOA 46129.1 OR010-004  FOR THE CITY:  DANIEL PARRA CITY MANAGER  8    Orange Cove Police Dept  DRAFT  JOB TITLE  A  B 7.00% 27.86  C 7.00% 29.81  D 7.00% 31.90  E 7.00% 34.13  CODE ENFORCEMENT OFFICER HOURLY RATE MONTHLY RATE ANNUAL RATE POLICE OFFICER HOURLY RATE MONTHLY RATE ANNUAL RATE CORPORAL HOURLY RATE MONTHLY RATE ANNUAL RATE SERGEANT HOURLY RATE MONTHLY RATE ANNUAL RATE LIEUTENANT HOURLY RATE MONTHLY RATE ANNUAL RATE ANIMAL CONTROL HOURLY RATE MONTHLY RATE ANNUAL RATE  26.04  4,739.28 5,071.03 5,426.00 5,805.82 6,212.23 56,871.36 60,852.36 65,112.02 69,669.86 74,546.75  Based on 2,184 annual hours  26.04  27.86  29.81  31.90  34.13  4,739.28 5,071.03 5,426.00 5,805.82 6,212.23 56,871.36 60,852.36 65,112.02 69,669.86 74,546.75  Based on 2,184 annual hours  32.37  34.64  37.06  39.65  42.43  5,891.34 6,303.73 6,745.00 7,217.14 7,722.34 70,696.08 75,644.81 80,939.94 86,605.74 92,668.14  Based on 2,184 annual hours  35.74  38.24  40.92  43.78  46.85  6,504.68 6,960.01 7,447.21 7,968.51 8,526.31 78,056.16 83,520.09 89,366.50 95,622.15 102,315.70  Based on 2,184 annual hours  42.16  45.11  48.27  51.65  55.26  7,673.12 8,210.24 8,784.96 9,399.90 10,057.90 92,077.44 98,522.86 105,419.46 112,798.82 120,694.74  Based on. 2,184 annual hours  18.41  19.70  21.08  22.55  24.13  3,191.07 3,414.44 3,653.45 3,909.19 4,182.84 38,292.80 40,973.30 43,841.43 46,910.33 50,194.05]