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October 14, 2024 Agenda FRANK LONERGAN,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I MARK WILK,COUNCILOR WARD II CITY COUNCIL AGENDA JEN CANTU,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V OCTOBER 14, 2024- 7:00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: A. Recreation and Park Board 1 • Isabella Baldisseri- Student Member 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Hardcastle Shelter Update -Mid-Willamette Valley Community Action B. Oregon Department of Forestry - Emerald Ash Borer 6. COMMUNICATIONS None. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 hors, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** October 14, 2024 Council Agenda Page i 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A• Woodburn City Council minutes of September 23, 2024 2 Recommended Action: Approve the minutes. B. Building Activity for September 2024 6 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3263 - A Resolution Authorizing Execution of a 7 Collective Bargaining Agreement Between the City of Woodburn and the Woodburn Police Association for a Contract Beginning July 1, 2024, and Ending June 30, 2026 Recommended Action: Adopt the attached Resolution authorizing the execution of a new Collective Bargaining Agreement with the Woodburn Police Association ("WPA"), which has been tentatively agreed to by the City negotiating team and ratified by the WPA membership. B. Award of Contract for Transit Vehicle Purchase 71 Recommended Action: Authorize the City Administrator to purchase a 2024 Toyota Sienna Hybrid modified minivan from Northwest Bus Sales for$84,939 pursuant to the ODOT/ Washington contract vehicle procurement program. 12. OTHER BUSINESS October 14, 2024 Council Agenda Page ii None. 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION None. 17. ADJOURNMENT October 14, 2024 Council Agenda Page iii �� Iy�ry4V � I 111/J I//��I II�O��ir� �TOODBUMN In or� ern reA 188 October 9, 2024 TO: City Council FROM: Frank Lonergan, Mayor SUBJECT: Committee Reappointment The following reappointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, October 14, 2024. No reply is required if you approve of my decision. Recreation and Parks Board: • Isabella Baldisseri - Student Member 1 COUNCIL MEETING MINUTES SEPTEMBER 23, 2024 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 23, 2024 CONVENED The meeting convened at 7:00 p.m. with Mayor Lonergan presiding. ROLL CALL Mayor Lonergan Present Councilor Cantu Present Councilor Cornwell Present Councilor Schaub Absent Councilor Morris Present Councilor Cabrales Present Councilor Wilk Present Staff Present: City Administrator Derickson, City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Community Development Director Kerr, Finance Director Turley, Special Projects Director Wakeley, City Recorder Pierson, Deputy Chief Millican, Lieutenant Shadrin, Public Relations and Communications Manager Guerrero, Community Relations Manager Herrera, Police Officer Ryan PROCLAMATION Councilor Cantu read the proclamation announcing September 15 through October 15, 2024, to be Hispanic, Latino, and Indigenous Heritage Month in the City of Woodburn. The Mayor noted that the City had a recognition and a celebration a little over a week ago at the Plaza and the Mexican consulate attended and did a flag salute recognizing the Mexican flag and the American flag PRESENTATIONS Lifesaving Award for Officer Jackson Ryan—Police Chief Pilcher recognized Officer Ryan for his life saving efforts on May 15, 2024, that contributed to saving the life of a 47-year-old male. Chief Pilcher added that Officer Ryan's actions are a testament to his dedication to duty and to those he serves. Chief Pilcher presented Officer Ryan with the Woodburn Police Departments Lifesaving Award Flock's LPR presentation —Police Chief Pilcher and Kristen McLeod from Flock Safety provided information on Flock's license plate reader system, which is an automated system that tracks and records license plates. It was noted that the license plate reader system could assist with locating stolen vehicles, vehicles connected with assaults, hit and runs, drive by shootings, and Amber Alerts. Ms. McLeod noted that the system only provides license plate recognition,providing objective evidence to officers about vehicles, not people and no biometric information is collected. She also noted that the system is to be used for law enforcement purposes only. Work session: LA-24-01 — Special Projects Director Wakely provided information on the proposed Comprehensive Plan Map Amendment to incorporate the previously established Urban Reserve Area. Page 1 - Council Meeting Minutes, September 23, 2024 2 COUNCIL MEETING MINUTES SEPTEMBER 23, 2024 Director Wakely provided a review of the previously completed and adopted buildable land inventory and economic opportunities analysis finds. She noted that the next step in the process is to hold a public hearing at the Woodburn Planning Commission on October 10 and to hold a public hearing and reading of the ordinance at the October 28 Woodburn City Council meeting. Portland Trailblazers — Mayor Lonergan announced that on Friday night the Portland Trailblazers visited Woodburn as part of their Rip City Rally. He added that they had an excellent presentation and worked with kids on skill sets and shooting. Mayor Lonergan presented a 2024 Trailblazer Jersey and plaque to Assistant City Administrator Row. CONSENT AGENDA A. Woodburn City Council minutes of August 12, 2024, B. Woodburn City Council Executive Session minutes of August 12, 2024, C. Acceptance of Easement at 1600 Tomlin Avenue (Tax Lot 051 W 17BDO6100), D. IT Support Services Agreements, E. Redflex Report June through August 2024, F. Monthly Financial Report, G. Building Activity for August 2024. Cornwell/Cabrales... approve the consent agenda. The motion passed unanimously. PUBLIC HEARINGS Liquor License Application for Restaurante and Cantina Los Dos Compas En Casa Marquez- Mayor Lonergan declared the hearing open at 8:16 p.m. for the purpose of hearing public input on the Liquor License Application for Restaurante and Cantina Los Dos Compas En Casa Marquez. Police Chief Pilcher provided a staff report. Mayor Lonergan asked for testimony from the applicant. Alfredo Paniagua Fernandez spoke in support of his application and questioned why it is still being recommended for denial since he is the new applicant and has no record. Chief Pilcher noted that the previous applicant whose application was previously recommended for denial by the City Council is still listed as owner of the business. Mayor Lonergan asked if any member of the public wished to speak in support of the Liquor License Application for Restaurante and Cantina Los Dos Compas En Casa Marquez. No members of the public wished to speak in support. Mayor Lonergan asked if any member of the public wished to speak in opposition to the Liquor License Application for Restaurante and Cantina Los Dos Compas En Casa Marquez. No members of the public wished to speak in opposition. Mayor Lonergan closed the hearing at 8:24 p.m. Wilk/Cabrales... based on the fact that the previous applicant, which we previously denied, is still listed on the application, denial of the application is recommended. The motion passed unanimously. FY 2024-25 Supplemental Budget Request for Acceptance of Grant Awards for Police Department Program and Increase in the General Fund's Revenue and Expenditure Budget Mayor Lonergan declared the hearing open at 8:25 p.m. for the purpose of hearing public input on the FY 2024-25 Supplemental Budget Request for Acceptance of Grant Awards for Police Department Program and Increase in the General Fund's Revenue and Expenditure Budget. City Administrator Derickson provided a staff report. Mayor Lonergan asked if any member of the public wished to speak Page 2 - Council Meeting Minutes, September 23, 2024 3 COUNCIL MEETING MINUTES SEPTEMBER 23, 2024 in support of the FY 2024-25 Supplemental Budget Request for Acceptance of Grant Awards for Police Department Program and Increase in the General Fund's Revenue and Expenditure Budget. No members of the public wished to speak in support. Mayor Lonergan asked if any member of the public wished to speak in opposition to the FY 2024-25 Supplemental Budget Request for Acceptance of Grant Awards for Police Department Program and Increase in the General Fund's Revenue and Expenditure Budget. No members of the public wished to speak in opposition. Mayor Lonergan closed the hearing at 8:28 p.m. COUNCIL BILL NO. 3261 — A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET AND MAKING APPROPRIATIONS FOR THE GENERAL FUND FOR FY 2024-25 Wilk introduced Council Bill No. 3261. City Recorder Pierson read the bill by title only since there were no objections from Council. On roll call vote for final passage, the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3261 duly passed. COUNCIL BILL NO.3262 -A RESOLUTION ESTABLISHING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT IN WOODBURN, OREGON Wilk introduced Council Bill No. 3262. City Recorder Pierson read the bill by title only since there were no objections from Council. Police Chief Pilcher provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3262 duly passed. AWARD OF CONTRACT FOR TRANSIT VEHICLE PURCHASE Assistant City Administrator Row provided a staff report. Wilk/Cornwell...buy the bus. The motion passed unanimously. UTILITY ASSISTANCE PROGRAM—FUNDING Assistant City Administrator Row provided a staff report. Wilk/Cabrales... approve a new Utility Assistance Program Grant Agreement with a funding distribution of $45,000 to Love INC of North Marion County (Love INC) for the continued administration of the City's utility assistance program. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • Invited City Councilor's to attend the League of Oregon Cities conference. He added that Jamie and her team will be presenting on the City's tourism program at the conference. • In the next day or two we will be polling Councilors regarding their holiday calendar as a special City Council meeting may need to be added between now and the first part of December MAYOR AND COUNCIL REPORTS Councilor Wilk announced that he will be at the League of Oregon Cities conference. He added that he attended Fiesta, rode on the fire truck in the parade and that it was a great event this year. Councilor Cornwell stated that there are a lot of things to be involved in with the City and encouraged people to participate. Mayor Lonergan thanked those that have been working on community center support effort. He Page 3 - Council Meeting Minutes, September 23, 2024 4 COUNCIL MEETING MINUTES SEPTEMBER 23, 2024 thanked City staff and Scott for coming up with a plan for affordable housing. He noted that this is a huge project for the city and is the result of work that was done back in 2015. I want to thank everybody involved and certainly the council for seeing this through tonight. ADJOURNMENT Cabrales/Cornwell... move to adjourn. The motion passed unanimously. Mayor Lonergan adjourned the meeting at 8:45 p.m. APPROVED FRANK LONERGAN, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, September 23, 2024 5 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: October 8, 2024 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for September 2024 2022 2023 2024 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 4 $1,086,025 2 $704,747 21 $7,169,697 Multi-Family Residential 11 $34,162,190 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds&Alts 12 $258,231 17 $304,588 16 $345,105 Industrial 0 $0 0 $0 0 1 $0 Commercial 7 $2,876,669 11 $627,570 3 $119,000 Signs and Fences 1 $18,036 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 35 $38,401,151 30 $1,636,905 40 $7,633,802 Fiscal Year to Date Jul 1—June 30 $44,114,504 $33,066,559 $57,447,051 Totals Reflect Permit Valuation I:ACormnunity Development\Building\BuildingActivity\B1dgAct-2024-9Septernber.doc 6 �� Iy�ry4V � I 111/J I//��I II�O��ir� �TOODBUMN In orern reA 188 October 14, 2024 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator McKenzie Granum, City Attorney SUBJECT: Collective Bargaining Agreement with Woodburn Police Association RECOMMENDATION: Adopt the attached Resolution authorizing the execution of a new Collective Bargaining Agreement with the Woodburn Police Association ("WPA"), which has been tentatively agreed to by the City negotiating team and ratified by the WPA membership. BACKGROUND: Beginning in May of this year, the City and the WPA opened collective bargaining for a successor contract to begin July 1 , 2024. The City Attorney acted as the City's lead negotiator with Human Resources Director Mel Gregg, and Lieutenant, Andy Shadrin, also participating on the City's negotiating team. The City Administrator, Police Chief, Deputy Chief, Finance Director, Senior HR Analyst, and Senior Finance Management Analyst were also instrumental in reaching the new agreement. Representatives from the City and WPA met a number of times over the past four months and bargained intensely and tentatively reached agreement on a new two-year contract, running July 1 , 2024 - June 30, 2026. On September 24th, WPA members met and voted to ratify the contract. DISCUSSION: The City and WPA engaged in an efficient and responsive bargaining process that reflected the economic and operational realities facing both the City and the WPA members. Significant to the discussions was ensuring that the new contract incorporated competitive wage schedule adjustments that would help catch the City up given higher inflation experienced over the past few years and hopefully aid the City with retention and hiring activities, which remain Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x_ 7 Honorable Mayor and City Council October 14, 2024 Page 2 challenging as the City faces a dwindling hiring pool and a competitive regional market. Ratification of this new contract will ensure that both parties can continue to work together in a reliable fashion and thereby avoid the mandatory arbitration process that would otherwise be available to the WPA should the parties fail to reach an agreement. Ratification of the contract also confirms an understanding by the parties that the wages and benefits included in this new contract are "comparable" to other jurisdictions within the state, something required to be met under state law. In addition to the wage adjustments described above, the new Agreement also includes the following: 1 . Contract Term. A two-year term, effective July 1 , 2024- June 30, 2026. 2. Wages. Effective and retroactive to June 23, 2024, a new wage schedule will be implemented that includes a COLA increase of five percent (5%) over the previous contract year's wages. Effective June 29, 2025, positions within the wage schedule will receive a COLA increase of four and one-half percent (4.5%). 3. Other Premiums & Incentive Pay Adjustments. Percentage-based premiums noted below are added to an employees' base wages based on duty assignments and/or eligibility as designated under the contract. a. A new education incentive was added to the contract that provides a two percent (2%) premium for an employee holding an Associate's degree from an accredited college or university (or at least 90 credit hours) and four percent (4%) for an employee holding a Bachelor's degree from an accredited college or university. This type of incentive is commonly found in police contracts of comparable jurisdictions and making this update ensures that we remain competitive in our hiring and it also encourages the continuation or completion of post- secondary education amongst our current employees. b. The Premium Incentive for Canine Officers was increased from 5% to 7%. This Premium Pay is intended to cover a canine officer's time engaging in off-duty care of the dog, kennel cleaning, maintenance of their care facilities, etc. 8 Honorable Mayor and City Council October 14, 2024 Page 3 c. The Premium incentive for Field Training Officers (FTOs) was increased from 7% to 10% for all hours that designated FTOs are engaged in their training duties. Officers selected as FTOs are responsible for the oversight and training of new recruits and management felt strongly that this increased adjustment would both highlight and continue to emphasize the importance the City places on new officer training. An additional Phase-Zero Coaching incentive was also added that would be available to non-FTO employees that may provide temporary or short-term training opportunities to new recruits. The FTO Phase-Zero premium is 5% for those hours an officer engages in coaching/training duties. d. The Physical Fitness testing standard and incentive structure was modified to allow employees the opportunity to take part in a 4- minute row evaluation that is based on the Texas Department of Public Safety's test. Employees who pass this test based upon meeting or exceeding certain thresholds will then receive incentive pay as follows: Employees who score 60-69% will receive $150, employees who score 70-74% will receive $300, and employees who score 75% or higher will receive $450 as a physical fitness incentive for the calendar year during which the 4-Minute Row Evaluation was administered. 4. Health Insurance & Benefits. The City maintained the current premium share split of 95% employer-paid/5% employee-paid for health insurance premiums, but the City did agree to remove a premium share cap that was added into the contract following the 2008 economic recession. The City also agreed to include a $100/month insurance opt-out incentive option for eligible employees that receive insurance coverage through a spouse. This opt-out incentive is already provided to all other employees in the City. 5. Clothing & Uniform. While the City already furnishes and pays the costs for all uniforms and department-issued equipment for sworn employees, the City agreed that it would also provide patrol employees with an additional $200 patrol gear allowance. This allowance will be reimbursement based only and is a one-time allowance between FY24-26 (the term of the contract). This allowance is also only for the purchase of pre-approved gear/equipment from approved retailers (e.g. red-dot firearm sight, specialty holsters, duty bags, rifle bags, specialty flashlights, etc.). 9 Honorable Mayor and City Council October 14, 2024 Page 4 6. Other Operational Matters. a. The parties agreed to a add a new compensatory time option for employees in lieu of the City paying overtime. Comp time, rather than the payment of overtime, may accrue at the employee's option, converted in 1-hour increments, up to 60 hours total during the year. Comp time may be utilized in a similar manner as accrued vacation or holiday leave. b. A new priority vacation bidding procedure was agreed to on a trial basis for 2025. c. The parties incorporated a number of minor administrative adjustments to parts of the contract that were impacted by the new Paid Leave Oregon law and were previously agreed to by the parties through an interim MOU (e.g. calculation of seniority, use of sick leave accruals, and benefits coverage during leaves of absence). d. The parties agreed to a modification to the travel/training expenses policy, which now provides that time traveling for city business by an employee counts towards hours worked and will be paid by the City, including any time spent by an employee as a vehicle passenger. A copy of the new agreement as tentatively agreed to by the parties, is attached to the ratification resolution for the Council's review. FINANCIAL IMPACT: The proposed new agreement ensures that Woodburn police officers' "overall total compensation" is at least equal to the compensation of police officers in "comparable"jurisdictions, as is required by state law. The financial impact of the new agreement is supported by the current budget and five-year forecast. Finally, the new agreement meets the City Council's financial objectives set out through the budget policy. 10 COUNCIL BILL NO. 3263 RESOLUTION NO. 2238 A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE WOODBURN POLICE ASSOCIATION FOR A CONTRACT BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2026 WHEREAS, the purpose of labor negotiations is to reach an agreement on matters relating to wages, hours, working conditions, and fringe benefits for certain represented employees; and WHEREAS, the City of Woodburn (the "City") and the Woodburn Police Association ("WPA") have engaged in a number of good faith bargaining sessions in order to reach an understanding on provisions to be included in a new Collective Bargaining Agreement (the "Agreement"); WHEREAS, the negotiating teams for the City and WPA have tentatively agreed to the contractual terms of the Agreement, and WPA ratified the Agreement through a ballot process with its members that concluded on September 24, 2024; NOW, THEREFORE, THE CITY RESOLVES AS FOLLOWS: Section 1. That the Agreement tentatively agreed to by the parties and ratified by the WPA membership, attached to this Resolution as Exhibit A, is approved. Section 2. That the City Administrator is authorized to execute the Agreement on behalf of the City. Approved as to form: City Attorney Date Approved: Frank Lonergan, Mayor Passed by the Council Submitted to the Mayor Page 1 - Council Bill No. 3263 Resolution No. 2238 11 Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 2 - Council Bill No. 3263 Resolution No. 2238 12 wPA 2024-2026 Exhibit A Collective Bargaining Agreement Between The City of Woodburn And The Woodburn Police Association Term: Effective 2024-2026 13 wPA 2024-2026 Exhibit A INDEX - TBC PREAMBLE.......................................................................................................................I ARTICLE 1 -RECOGNITION.......................................................................................I ARTICLE 2 -ASSOCIATION SECURITY............................................................... 1-2 2A-ASSOCIATION DUES............................................................................. 1-2 2B-BULLETIN BOARDS AND USE OF CITY FACILITIES ......................2 2C-ASSOCIATION ACTIVITIES....................................................................2 ARTICLE 3 -NON-DISCRIMINATION.......................................................................2 ARTICLE 4-MANAGEMENT RIGHTS .....................................................................2 ARTICLE 5 - STRIKES AND LOCKOUTS..................................................................3 5A-LOCKOUT....................................................................................................3 513- STRIKE...........................................................................................................3 ARTICLE 6 -ASSOCIATION BUSINESS.....................................................................3 6A-ASSOCIATION REPRESENTATIVES.....................................................3 6B- SPECIAL CONFERENCES........................................................................3 6C-ASSOCIATION MEETINGS......................................................................3 ARTICLE 7-PERSONNEL MANUAL/CONTRACT.............................................3-4 ARTICLE 8- SENIORITY..........................................................................................4-6 8A-DEFINITION OF SENIORITY..................................................................4 8B-BREAKS IN SENIORITY...........................................................................4 8C-ADJUSTMENTS IN SENIORITY DATES................................................5 8D-APPLICATION OF SENIORITY...........................................................5-6 8E -GENERAL PROVISIONS...........................................................................6 ARTICLE 9 - OUTSIDE EMPLOYMENT ................................................................6-7 14 WPA 2024-2026 Exhibit A ARTICLE 10 -WORKING OUT OF CLASSIFICATION,ACTING IN CAPACITY,AND CORPORAL POSITION..............................................................................................7-8 10A-WORKING OUT OF CLASSIFICATION..............................................7 IOB-ACTING IN CAPACITY...........................................................................7 IOC -CORPORAL POSITION.......................................................................7-8 ARTICLE 11 -HOURS OF WORK..........................................................................8-13 11A-WORKDAY.................................................................................................8 11B-MEALS AND BREAKS .............................................................................9 11C -DETECTIVES.............................................................................................9 11D -WORKWEEK.............................................................................................9 IIE - SHIFT CHANGES......................................................................................9 11F-SAFETY RELEASE..............................................................................9-10 11G-SHIFT TRADES.......................................................................................10 11H-SHIFT ROTATION............................................................................ 10-13 11I-ON-CALL DETECTIVE...........................................................................13 I IJ-OFF-DUTY CONTACTS..........................................................................13 ARTICLE 12 -OVERTIME.................................................................................... 13-14 12A-OVERTIME WORK................................................................................13 12B-CALL-OUTS AND HOLDOVERS................................................... 13-14 12C -DUTY-CONNECTED COURT APPEARANCE ..................................14 ARTICLE 13 - TIME OFF IN LIEU OF HOLIDAYS AND HOLIDAY PAY... 14-16 13A-SWORN EMPLOYEE ACCRUAL.........................................................14 13B-SWORN EMPLOYEE TIME OFF IN LIEU OF HOLIDAYS............14 13C -COMMUNITY SERVICE OFFICER AND COURT BAILIFF HOLIDAYPAY...................................................................................................15 15 WPA 2024-2026 Exhibit A 13D -SWORN AND COMMUNITY SERVICE OFFICER UTILIZATION....................................................................................................16 13E-TERMINATION OF SWORN AND COMMUNITY SERVICE OFFICER EMPLOYMENT...............................................................................16 ARTICLE 14-VACATIONS.................................................................................. 16-19 14A-ACCRUAL RATE.....................................................................................16 14B-UTILIZATION.................................................................................... 17-18 14C -CANCELLATION OF VACATION.......................................................18 14D -CONVERSION OF VACATION............................................................18 14E -TERMINATION OF EMPLOYMENT..................................................18 ARTICLE 15 - SICK LEAVE .................................................................................. 18-20 15A-ACCRUAL........................................................................................... 18-19 15B-UTILIZATION..........................................................................................19 15C -SICK LEAVE VERIFICATION.............................................................19 15D -LIMITATIONS AND GENERAL CONDITIONS.......................... 19-20 15E -CATASTROPHIC LEAVE......................................................................20 15F-INJURY LEAVE.......................................................................................20 ARTICLE 16- OTHER LEAVES AND LIGHT-DUTY ASSIGNMENTS.........21-23 16A-JURY DUTY..............................................................................................21 16B-VOTING LEAVE......................................................................................21 16C -LEAVE OF ABSENCE WITHOUT PAY..............................................21 16D -FAMILY MEDICAL LEAVE.................................................................21 16E -LIMITED DUTY ASSIGNMENTS...................................................21-22 16F-BEREAVEMENT LEAVE.......................................................................23 16G-MILITARY LEAVE.................................................................................23 ARTICLE 17-WAGES.............................................................................................23-24 16 WPA 2024-2026 Exhibit A 17A-APPENDIX A............................................................................................23 17B-DPSST CERTIFICATION PAY.............................................................24 17C -STEP ADVANCEMENT..........................................................................24 17D -DENIAL OF STEP....................................................................................24 ARTICLE 18 -PREMIUM PAY AND INCENTIVE PAY....................................24-26 18A-MOTORCYCLE PATROL PREMIUM................................................24 18B-CANINE OFFICER PREMIUM.......................................................24-25 18C -MARION COUNTY INTERAGENCY SWAT TEAM PREMIUM...25 18D -FIELD TRAINING OFFICER(FTO) PREMIUM...............................25 18E -LANGUAGE INCENTIVE......................................................................25 18F-DETECTIVES AND SCHOOL RESOURCE OFFICER (SRO) PREMIUM............................................................................................................25 18G-MOBILE CRISIS RESPONSE TEAM OFFICER ..............................26 18H-PHYSICAL FITNESS INCENTIVE ......................................................26 ARTICLE 19-EXPENSES............................................................................................26 ARTICLE 19A-TUITION REIMBURSEMENT.......................................................27 ARTICLE 20-CLOTHING AND UNIFORM......................................................27-28 ARTICLE 20A-LIABILITY INSURANCE................................................................28 ARTICLE 21 -MANDATORY TRAINING...........................................................28-29 21A-TRAINING DEFINED.............................................................................28 21B-COST OF TRAINING..............................................................................29 21C -PAY FOR TRAINING..............................................................................29 21D -SCHEDULING OF TRAINING..............................................................29 21E -FIREARMS QUALIFICATION.............................................................29 ARTICLE 22 -HEALTH INSURANCE AND OTHER BENEFITS ..................29-31 17 WPA 2024-2026 Exhibit A 22A-MEDICAL.................................................................................................29 22B-VISION.......................................................................................................29 22C -DENTAL....................................................................................................29 22D -FUNDING..................................................................................................30 22E -LIFE INSURANCE...................................................................................30 22F-DOMESTIC PARTNERS.........................................................................30 22G-RETIREMENT...................................................................................30-31 22H -LONG TERM DISABILITY INSURANCE ..........................................31 ARTICLE 23 -PERSONNEL FILE..............................................................................31 23A-FILE REVIEW..........................................................................................31 23B-REMOVAL................................................................................................31 23C -FILE ADDITIONS....................................................................................31 ARTICLE 24 -PROBATIONARY PERIODS.............................................................32 ARTICLE 25-DISCIPLINARY ACTIONS AND PROCEDURES....................32-35 25A-FORMS OF DISCIPLINE INCLUDE....................................................32 25B-DUE PROCESS...................................................................................33-34 25C -PRE-DISCIPLINARY LOUDERMILL HEARINGS...........................34 25D -IMPOSING DISCIPLINE..................................................................34-35 25E -PERSONNEL FILES................................................................................35 25F-OFFICER INVOLVED SHOOTINGS ...................................................35 25G-PAID ADMINISTRATIVE LEAVE.......................................................35 ARTICLE 26-FUNDING..............................................................................................35 ARTICLE 26A -DEPARTMENT SEARCHES.....................................................35-36 ARTICLE 27- SUBSTANCE ABUSE POLICY.....................................................36-41 27A-PURPOSE..................................................................................................36 18 WPA 2024-2026 Exhibit A 27B-APPLICANT DRUG TESTING........................................................36-37 27C -PROHIBITED CONDUCT................................................................37-38 27D -DISCLOSURE OF MEDICATIONS......................................................38 27E -EMPLOYEE TESTING.....................................................................28-39 27F-TESTING PROCEDURES.................................................................39-40 27G-CONSEQUENCES OF VIOLATIONS............................................40-41 ARTICLE 28 - GRIEVANCE PROCEDURE........................................................41-43 28A-DEFINITION............................................................................................41 28B-TIME LIMITS...........................................................................................41 28C -PROCEDURE.....................................................................................41-43 ARTICLE 29 - SAVINGS CLAUSE..............................................................................43 ARTICLE 30-TERM OF AGREEMENT ..................................................................43 APPENDIX A-WAGE SCALE....................................................................................44 APPENDIX B - OFFICER INVOLVED SHOOTING................................................45 APPENDIX C-INSURANCE INFORMATION.......................................... 46 19 WPA 2024-2026 Exhibit A PREAMBLE This Agreement is agreed to between the City of Woodburn, Oregon, hereinafter called the City, and the Woodburn Police Association, hereinafter called the Association. This Agreement is entered into for the purpose of fixing the wage scale, schedule of hours, and conditions of employment affecting members of the bargaining unit. The purpose of this Agreement is to set forth the full agreement between the parties on matters relating to employment relations. ARTICLE 1 —RECOGNITION The City recognizes the Association as the sole collective bargaining agent for all regular and probationary employees employed in job classifications of sworn police officer, non-sworn community service officer, and court bailiff covered by this Agreement, as listed in Appendix A. The parties further agree that the classifications of Sergeant, Lieutenant, Deputy Chief, Chief and Executive Assistant are specifically excluded from the bargaining unit. Part-time employees shall have all such benefits prorated based FTE status (e.g., 0.50 FTE will have benefits prorated by 50%); however,part-time employees who are less than 0.50 FTE shall not be eligible for benefits under Articles 13, 14, 15 and 22. ARTICLE 2 -ASSOCIATION SECURITY A. Association Dues: The City agrees to deduct twice each month from the pay of employees covered by this Agreement as applicable: 1. The Association membership dues, charges, fees and assessments of those Association members who individually authorize such deductions in writing. Such authorization shall be terminable upon such notice as is specified in the authorization. 2. The amounts to be deducted shall be certified to the City by the Treasurer of the Association, and the aggregate biweekly deductions (not to exceed two pay periods during any calendar month) for all employees shall be remitted, by Automatic Clearing House (ACH) transfer as requested by the Association, together with an itemized statement, to the Treasurer of the Association for the succeeding month after such deductions are made. Such itemized statement shall also include annotation as to any new hires or terminations. Notification of new hires shall take place at the time the first dues payment is to be paid and shall include the employee's name, Social Security number, mailing address, and job title. 3. Provided the City acts in compliance with the provisions of this Article, the Association will indemnify, defend, and hold the City harmless against any claims made and against any suit instituted against the City as a result of the City's City of Woodburn and Woodburn Police Assn. Page 1 CBA Effective 2024-2026 20 WPA 2024-2026 Exhibit A enforcement of the above provisions or as a result of any check-off errors. The City will make proper adjustments with the employee and the Association for errors as soon as practicable upon notification from the Association. B. Bulletin Boards and Use of City Facilities: The City agrees to furnish and maintain a bulletin board within the Police Department to be used by the Association for the posting of notices and bulletins related to the Association. The City also agrees to permit the Association to utilize available City facilities for meetings with employees conducted in accordance with established City rules applicable to other groups within the community. All requests for use of meeting rooms within the Police Department must be approved by the Chief of Police or his designee. C. Association Activities: Except as otherwise provided in the Agreement, during their working hours, Association members shall not engage in solicitation for membership in the Association,the collection of fees or dues for the Association, or carry on other business activities of the Association, provided that this provision shall not prohibit conversations concerning Association matters which do not interfere with the work and duties of any City employee. ARTICLE 3 -NON-DISCRIMINATION The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, marital status, race, color, sex, creed, religion, national origin, political affiliation or other protected status or activities, in accordance with applicable law. ARTICLE 4 -MANAGEMENT RIGHTS The City shall retain the exclusive right to exercise the customary rights and functions of management, including, but not limited to, directing the activities of the Department, determining the levels of service and methods of operations, including subcontracting and the introduction of new equipment; the right to hire, layoff, transfer, and promote; to discipline or discharge probationary employees without limitation and non-probationary employees for just cause; to determine work schedules and assign work, and any other such right(and function)not specifically referred to in this Agreement. Management rights, except where abridged by specific provisions of this Agreement, are not subject to the grievance procedure. It is further understood and agreed that if the City does not exercise a management right reserved to it or if the City exercises a management right reserved to it a particular way, such conduct shall not be deemed a waiver of its right to begin exercising such a right in the future or to exercise such a right differently in the future. However, nothing in this paragraph shall be considered to be a waiver by the Association of bargaining rights afforded under the Public Employees Collective Bargaining Act(PECBA). Woodburn and Woodburn Police Assn. Page 2 CBA Effective 2024-2026 21 WPA 2024-2026 Exhibit A ARTICLE 5 - STRIKES AND LOCKOUTS In as much as there are other means,both by law and through this Agreement for the resolution of disagreements that may from time to time arise, the parties agree as follows: A. Lockout: During the term of this Agreement, the City shall not, as a result of a dispute with the Association, deny employment to any employee covered by the terms of this Agreement. B. Strike: During the term of this Agreement, the Association or its members will not participate in any strike, slowdown, or work stoppage, including the observance of the picket line of another labor organization. In the event of a violation of the above by the Association or members of the bargaining unit, the City may discipline, including discharge, any employee involved in such prohibited activity on a uniform or selective basis. ARTICLE 6-ASSOCIATION BUSINESS A. Association Representatives: The Association agrees to notify the City in writing of all members selected to serve as official representatives. Employees designated as Association representatives shall be allowed time off with regular pay for the purpose of representing employees in disciplinary interviews and attending grievance procedure meetings, when such meetings occur during the employee's scheduled work hours. In addition, a maximum of two (2) representatives of the Association will be allowed time off with regular pay to attend negotiation and mediation sessions that occur during their scheduled work hours. B. Special Conferences: Special conferences for important matters maybe arranged between the Association and the City upon mutual agreement of the parties. Such meetings shall be arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented at the time the agreement to confer is made. Two(2)official Association members shall be permitted to attend such conferences without loss of pay to the extent such meetings are scheduled during on-duty hours of the members so attending. C. Association Meetings:On duty employees may attend Association Meetings held at Department facilities no more than six (6) per year and no longer than one (1) hour in duration. The Association shall give the Department reasonable notice, unless a shorter notice period is agreed upon, so that an appropriate meeting room can be scheduled. On duty employees attending Association Meetings shall respond to all calls as directed by a supervisor. ARTICLE 7 -PERSONNEL MANUAL/CONTRACT The City agrees to furnish each employee of the bargaining unit with written or electronic copy of the City HR Rules, Administrative Policies and Procedures, Department Rules and Regulations and a copy of this contract. The cost of printing and assembling copies of this contract will be borne by the Association. New employees shall be provided with the above at the time of their hire. All updates, additions, and/or modifications to the City HR Rules, Administrative Policies and Procedures, and Department Rules and Regulations shall also be supplied to the Association in writing at least 14 days prior to implementation. In the event of any conflict between the City Woodburn and Woodburn Police Assn. Page 3 CBA Effective 2024-2026 22 WPA 2024-2026 Exhibit A HR Rules, Administrative Policies and Procedures, Department Rules and Regulations and the contract, the contract governs. ARTICLE 8—SENIORITY A. Definition of Seniority: Seniority shall be defined as the length of an employee's unbroken employment within a classification in the bargaining unit. When two or more employees begin employment on the same day in a job classification represented by the bargaining unit, seniority is established upon the order of the first badge issuance based upon the final ranking in the recruitment process. Probationary employees shall not be considered to have seniority, but shall be credited with seniority to their first day of employment in the bargaining unit immediately upon completion of probation. B. Breaks in Seniority: Except as stated in Section C, below, employees will continue to accrue seniority unless and until their seniority is broken. Seniority will be broken and the employment relationship will be severed if any of the following events occur: 1. Voluntary resignation or retirement; 2. Discharge of a regular employee for just cause or a probationary employee "at will;" 3. Layoff or continuous absence from work due to off-the-job injury/illness for more than twenty-four (24) month's duration; 3. Failure to notify the Chief of Police or his designee of intent to return to work pursuant to a recall notice sent by certified mail,return receipt requested,to the last address provided to the City through personnel records within seven (7) calendar days of receipt of such notification or ten (10) days of mailing, whichever occurs later; 4. Failure to report for work immediately upon expiration of an authorized leave of absence or, in the case of an absence due to off or on-the-job injury/illness, failure to report for available work within seven (7) days of receipt of notice of a limited or full medical release to return to work; 6. Absence from work due to an on-the-job injury/illness in accordance with ORS Chapter 659—Workers' Compensation and Return to Work; or 7. Job abandonment. Employees who are serving in the military will continue to receive seniority and reinstatement according to applicable law. Woodburn and Woodburn Police Assn. Page 4 CBA Effective 2024-2026 23 WPA 2024-2026 Exhibit A C. Adjustments in Seniority Dates Employee seniority dates will be adjusted in the following circumstances: 1. Promotions to Positions outside the Bargaining Unit Employees who are promoted to positions within the Police Department that are excluded from the bargaining unit, but are returned to bargaining unit positions by the City return with the seniority they would have accrued had they remained in the bargaining unit. 2. Leaves of Absence Employees who are absent from work on a leave of absence will continue to accrue seniority, provided they are drawing pay (e.g. vacation, holiday or sick leave) and for up to thirty (30) days following depletion of their paid leave banks. Thereafter, seniority will no longer accrue. This provision will not be applied to employees who are designated as being on FMLA, OFLA, Paid Leave Oregon/Paid Family and Medical Leave Insurance program (PFMLI), military or jury duty leave. 3. Promotion to Police Officer Classification If an employee in the community service officer classification is promoted to a police officer position, the employee shall be subject to the standard police officer probationary period. The transferring employee shall maintain his/her seniority within the community service officer classification should the employee seek to bump back from the police officer classification to the community service officer classification during the police officer probationary period so long as the employee continues to meet the minimum qualification for the community service officer position. D. Application of Seniority Seniority shall apply to the following employment decisions: 1. Layoff: In the event of a layoff for any reason, bargaining unit employees shall be laid off as follows: First,probationary employees shall be laid off. If there are no probationary employees and/or the layoff of regular employees becomes necessary, such layoffs shall be in the order of lowest seniority first as defined in A and C above. 2. Recall: Regular employees shall be called back from layoff in inverse order of layoff. Recall notices shall specify a minimum of ten (10) days from the date of mailing for the employee to return to work. The City may, however, specify a later reporting date. Woodburn and Woodburn Police Assn. Page 5 CBA Effective 2024-2026 24 WPA 2024-2026 Exhibit A Employees who wish to waive re-employment rights may do so by written notification to the City. 3. Shift Scheduling: Employees are entitled to use their seniority to bid for shift preferences in accordance with Article 11, Section G. 4. Vacation Preferences: Employees are entitled to use their seniority to bid for vacation time off in accordance with Article 14, Section B. E. General Provisions 1. Seniority Lists: The City shall provide the Association with a seniority list upon request. 2. Reinstatement of Seniority: If an employee is discharged, grieves the discharge at arbitration or civil court, prevails and is reinstated, he/she shall receive seniority credit for the period from discharge to reinstatement. Also, employees returning from layoff or leave of absence which does not result in a break in seniority as set forth in Section B, above shall have all previously accrued seniority reinstated and/or adjusted in accordance with Sections B and C, above. 3. Restoration and Accrual of Benefits: Employees returning from layoff or leave of absence that does not result in a break in seniority as set forth in Section B, above shall have all previously accrued unused sick leave, holiday and vacation benefits restored, but shall not accrue benefits for the period of the layoff or leave of absence, except for continuation of health insurance premiums as required by applicable law. In the event an employee suffers a break in seniority before drawing all accrued sick leave, holiday and vacation benefits, any unused holiday and vacation benefits will be paid to the employee at the time his/her seniority is broken and employment is severed, consistent with applicable law. ARTICLE 9 - OUTSIDE EMPLOYMENT Employees wishing to engage in off-duty employment with another employer must obtain approval from the Chief by submission of a request in writing for such approval. Likewise, employees wishing to make a material change in the nature or hours of outside employment currently approved by the City must obtain approval by submission of a written request for such approval. Such written requests shall specify the name of the prospective employer, the job title of the position, a description of the nature of the work to be performed. Upon receipt of such request, the City shall have the right to contact the prospective employer to independently determine the nature of the employment being considered. The City shall normally approve or deny a request for outside employment within seven (7) business days of its receipt. The Chief may deny a request for approval of outside employment if there is a conflict of interest or the nature or hours of work required for such employment would interfere with the ability of the employee to perform required duties, including duties required to be performed outside the Woodburn and Woodburn Police Assn. Page 6 CBA Effective 2024-2026 25 WPA 2024-2026 Exhibit A employee's regular working hours. For purposes of this Article, a conflict of interest shall include any circumstance where the employee's or overall department effectiveness would or might be impaired as a result of the public's knowledge of the nature of the outside employment or where such employment presents legal or other conflicts of interest which could or might interfere with the employee's effectiveness as a law enforcement officer. When permission to engage in outside employment is granted, it shall not be construed to in any manner compromise the employee's obligation to the City to be available for overtime, call-out, and shift change on the same basis as other employees who work in the same classification. In addition, the employee shall schedule the outside employment in such a manner so as to have at least eight(8) hours off for rest prior to the start of each regularly scheduled City shift. ARTICLE 10—WORKING OUT OF CLASSIFICATION,ACTING IN CAPACITY,AND CORPORAL POSITION A. Working out of classification: An employee is working out of classification when the employee is assigned to fulfill the duties and responsibilities of a classification higher than the classification the employee currently holds. An employee working out of classification shall receive a five percent(5%)pay increase to base pay for all hours worked in such assignment. If neither a Corporal nor a Sergeant is physically on-duty for any part of a patrol shift, an Officer will be assigned to the duties of a Corporal on that patrol shift and shall receive a five percent(5%) pay increase to base pay for all hours worked out of class as a Corporal. The supervisor will be responsible for making the assignment. If an Officer is not assigned, the most senior Officer will assume the duties of Corporal during the shift. B. Actin_ in n Capacity: An employee is acting in capacity when the Chief of Police assigns the duties of a higher classification on a full time continuous basis. Acting in capacity assignments are typically used when a position is vacant and the assignment will last longer than two (2)weeks. Acting in capacity assignments are temporary and not intended to be permanent. An employee formally designated as acting in capacity shall be paid for the duration of the assignment at their regular rate of pay plus five percent(5%), or at the Step 1 of the higher classification, whichever is greater. In no case shall the compensation exceed the top step of the higher paid classification. C. Corporal Position: 1. An employee selected by the City for the position of Corporal shall be paid an additional amount equal to five percent(5%) of his/her base pay for each month or part thereof that the employee holds the position of Corporal. 2. Employees holding the position of Corporal shall function as supervisor in the absence of the Sergeant. Woodburn and Woodburn Police Assn. Page 7 CBA Effective 2024-2026 26 WPA 2024-2026 Exhibit A 3. The Corporal position shall remain part of the bargaining unit represented by the Woodburn Police Association, and the City specifically agrees that the duties assigned or performed by Corporals shall not make Corporals supervisors as defined by the Public Employees Collective Bargaining Act. 4. The term in which an employee successfully performs the duties of Corporal will be for a period of two years. After the two year period, the incumbent Corporal may re-apply for consideration; the City will also consider new applicants. 5. The Corporal position will only be open to incumbent Corporals and new applicants who have completed probation and have at least two years of experience as a Woodburn Police Officer. ARTICLE 11 -HOURS OF WORK A. Workday: A day is defined as a twenty-four-hour (24-hour) period commencing with the employee's scheduled shift. A regular workweek for sworn employees shall consist of either eight(8) consecutive hours per day on a five-day schedule(5-8 schedule) or compressed schedule. A compressed schedule shall be defined as any workweek which is not a 5-8 schedule. Whether regular or compressed schedule, workdays shall be consecutive. All sworn employees shall be assigned a work schedule that complies with the Fair Labor Standards Act(FLSA) requirements, and as implemented at the sole discretion of the City of Woodburn. When a twelve hour workday is implemented the parties agree to the adoption of a regular and recurring 28 day work period (beginning January 1st of each year)pursuant to Section 7 (k) of the Fair Labor Standards Act, 29 U.S.C. § 207 (k) and the implementation of a twelve (12) hour workday. Under the existing patrol schedule as of the ratification of this contract, the Workday and Workweek shall be amended to consist of a consecutive twelve (12) hour workday, and will provide for a twelve (12) hour work schedule: This schedule shall consist of two (2) consecutive twelve(12)hour work days followed by two(2) consecutive days off,three(3)consecutive twelve (12) hour work days followed by two (2) consecutive days off, two (2) consecutive twelve (12) hour work days followed by three (3) consecutive days off. Day Shift shall be 0600 to 1800 followed by Night Shift from 1800 to 0600. The provisions of this section shall not apply during the week when a shift rotation occurs. The City reserves the right to implement or discontinue a compressed workweek schedule and re- establish a 5-8 work schedule as currently provided after providing fourteen (14) days written notice, without any further need to bargain concerning the decision or the impacts of the decision to do so. All non-sworn employees shall be assigned a regular work schedule consisting of five (5) consecutive eight-hour (8-hour) workdays with a one-hour (1-hour) unpaid lunch, generally Monday through Friday, followed by two (2) consecutive days off. At the sole discretion of the City of Woodburn, non-sworn employees may be assigned a regular work schedule consisting of four(4) consecutive ten-hour(10-hour)workdays, with the same starting time for each day. Woodburn and Woodburn Police Assn. Page 8 CBA Effective 2024-2026 27 WPA 2024-2026 Exhibit A B. Meals and Breaks: Except for court days,training days, and days when traveling outside the City, employees shall be entitled to two (2) ten (10) minute breaks per workday, and one (1) thirty (30)-minute meal period per workday. These breaks and meal periods shall be paid time. Employees working a twelve (12) hour shift shall receive three (3) fifteen (15) minute breaks and one (1) thirty (30) minute meal period per workday. Employees may combine their daily breaks at their discretion, subject to operating needs. During the employee's break and meal period, the employee shall remain on on-duty status and shall be subject to call-out in cases of immediate need. C. Detectives: Detectives will work a regular forty (40) hour week. Generally, the schedule will be based on five (5) consecutive eight-hour (8-hour) workdays with a paid lunch, generally Monday through Friday. Detectives will be allowed to work a 4/10 schedule at the Chief's option. If a 4/10 schedule is implemented, the Chief may direct that a 10 hour work schedule be discontinued at any time during the year. Detectives will be allowed to flex schedules for the purposes of meeting daily needs for regular scheduled shifts with supervisory approval. D. Workweek: A normal workweek shall consist of forty (40)hours of work during a seven- day (7-day) calendar period commencing 0001 Sunday and ending midnight of the following Saturday. When working a four-twelve(4-12)plan, a normal workweek shall consist of up to one hundred seventy-one (171) hours worked in a twenty-eight(28) day work period. When working an alternate twelve (12) hour shift, the normal workweek shall be as established by the given schedule and in compliance with the FLSA. For employees assigned to work a four-twelve(4-12) plan or an alternate twelve(12)hour plan on a regular basis,the City hereby adopts and establishes a regular, recurring period of work which shall consist of twenty eight (28) days for the police officers so assigned, in accordance with the Fair Labor Standards Act, Section 7(k). It is understood, that in earlier negotiations for working 12's, the employees will receive additional holiday pay as established in Article 13. (Note: Overtime training hours will be paid as per FLSA, 29 USC § 207 (k). E. Shift Changes: The Department reserves the right to make shift change with seven (7) calendar days advance notice. Shift changes, including changes due to mandatory training that occur without seven(7)calendar day prior notification will be subj ect to the overtime requirements of Article 12 for the hours worked or in training except for those hours worked, which overlap with the regularly scheduled shift. If a shift change without seven (7) calendar days prior notification is the result of another employee's use of sick leave,bereavement leave,administrative leave, holiday leave taken as a result of a personal emergency,resignation with less than seven(7) calendar days (actually worked) notice, or absence from work due to a workers' compensation injury (except for scheduled medical appointments with sufficient notice given to the City), the schedule change shall, for purposes of overtime payment, be treated as though seven (7) calendar days prior notification had been given. Employees may voluntarily waive the seven (7) calendar day notice requirement. F. Safety Release: Any employee who works sixteen (16) or more hours in a twenty-four (24) hour period shall receive no less than eight(8) hours off before returning to work. When an employee who has worked sixteen (16) or more continuous hours and those hours have reached Woodburn and Woodburn Police Assn. Page 9 CBA Effective 2024-2026 28 WPA 2024-2026 Exhibit A the employee's next regularly scheduled shift, the employee shall receive pay at his/her overtime rate until the employee can be relieved of duty. In the event that an employee is released from duty as a result of the Safety Release during normally scheduled hours, the employee must make up those hours by utilizing holiday time, vacation time or during non-scheduled hours at the employee's discretion and the provisions of Article 12 and Article 11 Section D do not apply. G. Shift Trades: Shift trades,which are voluntary between employees,will be allowed when both employees submit written request twenty-four(24) hours in advance specifying the trade that is to be made, subject to the following: 1. The request will be initiated by personal contact with a supervisor. 2. No employee will work two shifts without at least eight(8)hours off between said shifts. 3. City operations and employee safety will not be adversely affected by the shift trade. When a shift trade occurs, each employee will for pay purposes, be treated as though he/she worked his/her scheduled shift. However, in the event of a shift extension, the employee working the extra time off receives the pay for same at his/her established overtime rate. 4. The employee initiating the trade is responsible to ensure the trade is fulfilled. If the trade is not fulfilled, it will be considered an unexcused absence. H. Shift Rotation: 1. Shift Scheduling: When operating under a 5-8 plan the regular shift rotation shall occur approximately every three (3)months on the Monday of the first full week of that month beginning in January. The shift scheduling process shall allow the employee to select two(2) of the four(4) shift schedules (after seven years with the Department, an employee may select all four shift schedules he or she is to work during the year), as follows: a. On or around October 15 of each year, the City shall first post a master schedule of the anticipated available shifts for each quarter of the year and the first quarter of the following year, which shall include days and hours to be worked for each position. b. Each employee,starting with the employee who has the most seniority,shall in turn indicate his or her preference as to any two (2) of the four (4) shift tours that he or she wishes to work among those indicated on the master schedule that have not been previously selected by more senior employees. However, any patrol officer who at the time of selection of shifts for the following year worked twenty(20)or more days in a three-month(3-month) Woodburn and Woodburn Police Assn. Page 10 CBA Effective 2024-2026 29 WPA 2024-2026 Exhibit A shift tour on a shift other than the shift he/she selected as a result of shift reassignment pursuant to Section G lc below, shall select by seniority three (3) of the four (4) shift tours that he or she will work. Employees shall be allotted seven (7) days in which to complete the shift bidding process. C. Within seven (7) days after all employees have made two (2) (or 3, if applicable) shift tour selections, the City shall, without limits as to its discretion, schedule the remaining shift tours for each employee so as to complete the work schedule for the year from the listed shifts. 2. Compressed Workweek Schedule: a. When operating under a compressed workweek schedule,shift bidding shall occur on or about October 15th and employees shall have seven (7) days in which to complete the shift bidding process. b. Shift rotation while working a compressed workweek schedule will occur on a quarterly basis as near as possible to the first of the months of January, April, July, and October. It is understood that this compressed workweek schedule is based on a no overtime expense to the City by virtue of rotation. C. Shift scheduling shall occur as follows: Shifts schedules will be posted along with the vacation bidding schedule under Article 14.b. The City shall first post a master schedule of the anticipated available shifts for each quarter of the year, which shall include days and hours to be worked for each position. 1. Starting with the most senior officer, each officer shall bid either day shift, overlap shift or night shift for each quarter, one of which will be a different shift than the other assignments (e.g. 3 day shifts, 1 overlap shift and 1 night shift.) 2. Once each member has bid, the city shall construct the patrol teams based upon the quarterly seniority bid and operational needs. 3. Exceptions: With regard to the above procedure, it is recognized that the scheduling of shifts on the basis of employee preference will not be allowed to interfere with the City's ability to provide the best and most cost-effective service to the public. By way of example therefore, the following exceptions to the above shift scheduling procedures are made: a. Probationary employees shall not be subject to the provisions of this Section G1, above. Woodburn and Woodburn Police Assn. Page 11 CBA Effective 2024-2026 30 WPA 2024-2026 Exhibit A b. Employees assigned to a particular activity that is traditionally associated with specific work schedules shall not be subject to the provisions of this Section. Examples of such assignments include the following: (1) Investigations/Detectives (2) Inter-Agency Task Force Assignment (3) Traffic Detail —Motorcycle Patrol (4) School Resource Officer (5) Mobile Crisis Response Team (6) Canine Unit (7) Community Service Officer (8) Community Response Officer It is further understood and agreed that in the event an employee requests or is transferred from a specialty assignment to patrol duties during a shift schedule period, such a change will not trigger an obligation to conduct new shift rotations or alter current shift preferences made pursuant to Section G1, above. The City shall assign any such employee a shift for the remainder of the current shift schedule which is based on operational needs. Officers scheduled to end an assignment may shift bid with other officers during the normal shift bid process in anticipation of the end of the assignment. 4. Discontinuance of compressed workweek shifts: Shift rotation in Section G will not apply to a compressed workweek schedule. Should the Chief of Police direct that a compressed workweek schedule be discontinued at any time during the year, a shift bidding process by seniority shall be conducted. The shift bidding shall be for the remainder of the current calendar year and the balance of the next calendar year, prior to the annual shift bidding process. The shift bidding shall be accomplished in accordance with the Section G1 and G3, except that the initial posting of the schedule for bid shall be not more than sixty (60) days after the discontinuance of the compressed workweek shift. All non-priority vacations and time off will be cancelled; the Department will then analyze the impact of shift bidding on the scheduled priority vacations that are in conflict with a more senior officer's priority vacation and allowing the re-bidding of that priority vacation at another time, this will be followed by requests for Vacations and Holidays as outlined more specifically under Article 14B 1 of the agreement. The parties agree that seniority bid priority vacations, and vacations cancelled under such a Woodburn and Woodburn Police Assn. Page 12 CBA Effective 2024-2026 31 WPA 2024-2026 Exhibit A circumstance, are the result of shift re-bidding selections by employees and are not under the control of the City, it is therefore agreed that Article 14 Section C is waived in this situation. I. On-Call Detective: Each week, commencing at 0800 hours on Tuesday and ending at 0759 hours the following Tuesday, the City may assign one (1) Detective to "on-call" Detective status. The rotation schedule for on-call Detective shall be established by the City's Detective Sergeant with input from the Association members assigned to Detective duty. Requests for training or personal leave that affect the on-call schedule will be considered in establishing the on- call rotation. Trading of on-call weeks between Detectives shall be permitted, with advance approval from the Detective Sergeant or designee. At the end of each on-call week, the Detective who completed the previous on-call week will be compensated an additional four(4)hours straight pay. All on-call Detectives must be able to respond to the call-out within one (1) hour of contact. J. Off-Duty Contacts: All employees, excluding on-call Detectives, who receive telephone calls or other contacts from the Department regarding work-related matters while off-duty shall be compensated as follows: If the contact exceeds seven (7)minutes in duration,the employee shall be compensated a minimum of one-half (1/2) hour or actual time spent on such call at his/her regular overtime rate of pay, whichever is greater. If the contact takes seven (7) minutes or less, it will be considered minor and will not be compensated. Employees are responsible for reporting all contacts of more than seven (7) minutes as time worked. ARTICLE 12 —OVERTIME A. Overtime Work: As used in this Agreement, overtime shall mean that time an employee is authorized and directed to work in excess of eight (8) ten (10) hours or twelve (12) hours, as appropriate, in one or on any day, or in addition to a scheduled forty-hour (40-hour) shift week. Overtime shall be computed to the nearest quarter (1/4) hour, rounded up. The City has the unqualified right to require employees to work overtime. If an employee is assigned to a twelve (12) hour shift, the employee shall receive overtime pay if the employee works more than twelve (12) hours per day or more than one hundred seventy-one (171) hours in a twenty-eight(28) day work period. An employee may elect to be compensated for overtime worked in cash, or by accruing compensatory time off. Compensatory time shall be earned at one and one-half (1 1/z) times the overtime hours worked, converted in 1-hour increments, and shall not exceed a maximum of sixty (60) total hours during the year (January-November 301h) (non-replenishable). The City will pay out to each applicable employee any accrued and remaining unused compensatory time with the second pay check in December. No compensatory time may be carried forward into the following calendar year. B. Call-Outs and Holdovers: 1. Selection: The City reserves the right to call out any and all employees based on Department need or emergency. Shift holdover shall be offered on the basis of seniority. Woodburn and Woodburn Police Assn. Page 13 CBA Effective 2024-2026 32 WPA 2024-2026 Exhibit A 2. Exclusions: Exemptions from Section 1, above shall be the same as those listed in Article 11, Section G3b. 3. Payment: For sworn employees,time worked that is not in conjunction with a shift shall be paid at a minimum four (4) hours pay at time and one and one-half(1 1/z) the employee's regular rate of pay. For non-sworn employees, time worked that is not in conjunction with a shift shall be paid at a minimum four(4)hours pay at time and one and one-half(1 1/z) the employee's regular rate of pay. However, call-out will not be paid for scheduled Departmental meetings, Field Training Officer (FTO), Corporal and Chief's forum meetings, if the employee is given seven (7) days written notice of the meetings. Such notice may be delivered to an employee's Departmental mail box or electronically. If an employee is called out to work and that call-out is subsequently canceled,the employee shall receive a call-out, unless such cancellation occurs within ten(10)minutes of the first notification to report to work. C. Duty-Connected Court Appearance: A court or administrative appearance in conjunction with services performed as a Woodburn Police Officer, CSO, or Baillif shall be considered time worked, and any expenses associated with such appearances shall be reimbursed. Pay for court or administrative appearances in conjunction with law enforcement services performed prior to an officer's employment as a Woodburn Police Officer will be determined by the City on a case-by-case basis. All witness fees, mileage allowance, and related remuneration paid to the employee for such appearances shall be turned over to the City. ARTICLE 13 - TIME OFF IN LIEU OF HOLIDAYS AND HOLIDAY PAY A. Sworn Employee Accrual: Sworn employees will except as provided below for twelve (12) hour shifts accrue 8.67 hours per month for time off in lieu of holidays. For the purposes of accrual of time off in lieu of holidays, a"month" shall be defined as including any month during which a sworn employee is actively working or is on vacation, holiday or other leaves of absence paid by the City. Time off in lieu of holiday benefits do not accrue during periods that a sworn employee is on layoff or unpaid leaves of absence, except for FMLA/OFLA/Military Leave. In the event a sworn employee is on layoff or unpaid leave for part of a month, his/her holiday pay accrual will be credited for a full month, provided the sworn employee has worked during that month. B. Sworn Employee Time Off in Lieu of Holidays: Time off in lieu of holiday, which is taken by sworn employee, will be charged to the nearest quarter (1/4) hour, to the sworn employee's accumulated holiday time account. Sworn employees may only accrue a maximum of one hundred twenty (120)hours of time off in lieu of holidays. Sworn employees will be allowed to carry over time off in lieu of holidays to a maximum of one hundred twenty (120) hours from one fiscal year to another. During any month in which a twelve (12) hour shift is implemented, all sworn employees shall receive thirteen (13) hours of time off in lieu of holiday for that month. Sworn employees shall have their holiday accumulation increased to one hundred fifty six (156) hours during the period of time in which a twelve (12) hour shift is implemented. All sworn Woodburn and Woodburn Police Assn. Page 14 CBA Effective 2024-2026 33 WPA 2024-2026 Exhibit A employees actually working twelve (12) hour shifts shall receive fifteen (15) hours of time off in lieu of holiday for that month. Such sworn employees shall have their holiday accumulation increased to one hundred eighty(180) hours during the period of time in which a twelve (12) hour shift is implemented. The sworn employee shall be compensated in cash for all holiday time that is in excess of their allotted maximum annual accrual at the conclusion of a three (3)month period ending quarterly. In the event the twelve (12) hour shift is eliminated, employees over the maximum accumulation set forth in the Collective Bargaining Agreement shall be entitled to carry over those hours until such time as they have voluntarily reduced those hours to the amount set forth therein. C. Community Service Officer and Court Bailiff Holiday Pay: 1. Community Service Officer and Bailiff employees shall have the following paid holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Fourth of July July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Friday after the fourth Thursday of November Christmas Eve last half of the shift on December 24 Christmas Day December 25 After completion of six(6)months of continuous service, each Community Service Officer and Bailiff shall be entitled to one(1)floating holiday with pay during each fiscal year. The floating holiday shall be taken at the option of the Community Service Officer or Bailiff, subject to the operating requirements of the Department. Community Service Officers working a 5-8's plan shall receive 8 hours of holiday pay for the paid holidays. Community Service Officers working a 4-10's plan shall receive 10 hours of holiday pay for the paid holidays. 2. If a Community Service Officer or Bailiff's scheduled day off falls on an above- listed holiday, s/he shall be granted a postponed holiday with pay to be taken at the mutual convenience of the employee and the Department. If the Community Service Officer or Bailiff is on authorized vacation or sick leave with pay when a holiday occurs, such holiday shall not be charged against such leave. Eligible Community Service Officers shall receive one day's pay (8 Woodburn and Woodburn Police Assn. Page 15 CBA Effective 2024-2026 34 WPA 2024-2026 Exhibit A hours if on 5-8's; 10 hours if on 4-10's) for each of the holidays listed above on which they perform no work. Community Service Officers and Bailiffs required to work on a recognized holiday shall be compensated in cash for all hours worked on the holiday and one- and-one-half times (1-1/2)times the established straight-time rate, in addition to their regular holiday pay. In lieu of holiday premium pay, the City and a Community Service Officer or Bailiff may agree to an alternative day off with pay. Such agreement shall be in written form and executed prior to the holiday. D. Sworn and Community Service Officer Utilization: Holiday time off that is taken in conjunction with a vacation pursuant to Article 14 shall not be subjected to the following provisions: Requests for accrued holiday time off shall be in writing and submitted to the on duty supervisor. Such requests shall be approved or denied within one (1)business day of the date that the request is received by a supervisor. Holiday time off requests shall not be accepted by the City during the vacation bidding process under Article 14. The City shall not be required to approve a holiday time-off request if doing so would require or result in inadequate coverage or the payment of overtime to another employee. During the paid holiday listed in C1 of this Article, the Chief may, at his discretion, close the Criminal Investigations Unit and require all detectives scheduled to work on the holiday and assigned to the Unit to either: (1)utilize holiday or vacation time during the period of the closure or (2) be assigned to the Operations Division during the period of the closure as supplemental patrol. E. Termination of Sworn and Community Service Officer Employment: Upon the termination, resignation or other break in seniority of a regular, non-probationary employee, all earned but unused holiday time shall be paid at his/her current wage rate. ARTICLE 14—VACATIONS A. Accrual Rate: The accrual of vacation for sworn and non-sworn employees shall be as follows: Length of Service Monthly Accrual Number of hours Maximum Accrued Annually Accrual 0-59 months (0-4 years) 8 hours 96 hours 192 hours 60-119 months (5-9 years) 11 hours 132 hours 264 hours 120-179 months (10-14 years) 13 hours 156 hours 312 hours 180-239 months 14 hours 168 hours Woodburn and Woodburn Police Assn. Page 16 CBA Effective 2024-2026 35 WPA 2024-2026 Exhibit A (15-19 years) 336 hours 240-299 months (20-24 years) 16 hours 192 hours 384 hours 300 +months (25 +years) 17 hours 204 hours 408 hours Vacation benefits shall be credited as earned for each month of service, in accordance with A, above, except that vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee completes the first six (6) months of continuous service. For the purpose of vacation accrual "month of service" shall be defined as including any month during which an employee is actively working or is on vacation, holiday or other leaves of absence paid by the City. Vacation benefits do not accrue during periods that an employee is on layoff or unpaid leaves of absence. In the event an employee is on layoff or unpaid leave for part of a month, his/her vacation will be credited for a full month, provided the employee has worked during that month. For purposes of vacation accrual, the City may credit laterally hired officers for their years of service worked at their prior agency. B. Utilization: Any vacation accrued in excess of two(2)times an employee's annual accrual will be forfeited,provided that in the event an employee is unable due to departmental operational needs to take a vacation, he or she may request and be granted a waiver in writing so as to allow for the accrual beyond the above maximum for a specified period. Such waiver period shall normally not exceed four(4) months in duration. Bargaining Note: Priority Vacation Bidding. The parties agree to implement the following procedures outlined below on a trial basis. The parties agree to proceed with the following priority vacation bidding procedures for the year 2025. At the end of September 2025, the WPA will determine whether to continue the trial of the priority vacation bidding procedure on a permanent basis, or revert back to the current practice outlined below. The WPA will notify the City in writing of its decision to adopt the new procedure as a permanent procedure no later than September 30, 2025. In the event the WPA does not notify the City of its intent to permanently adopt the new procedure, the parties agree to revert back to the current past practice for vacation bidding outlined below. 1. Priority Vacation Bidding. Pursuant to the procedures outlined below, each employee shall be allowed to bid and sign up for two (2) continuous vacation periods for the ensuing shift bid year, with the duration of each vacation period not to exceed a total of three (3)weeks ("priority vacation"). With the approval of the Chief, or designee, a fourth(4Ih)week of priority vacation during the first round of bidding will be allowed. The second round of priority vacation bidding will be limited to three (3)weeks. Priority vacation bidding will take place on or around October 15th of each year. Bidding will be conducted within each department team in two successive rounds on the basis of seniority, with the most senior employee having the first vacation choice in each selection round. Woodburn and Woodburn Police Assn. Page 17 CBA Effective 2024-2026 36 WPA 2024-2026 Exhibit A For purposes of vacation bidding, SROs will be considered their own team apart from the detectives' team and will be allowed to schedule priority vacation on the basis of seniority within their own SRO team and concurrently with the detective's priority vacation schedule. Effectively, one detective and one SRO will be allowed to take priority vacation at the same time, as long as minimum staffing requirements are otherwise met. Additionally, SROs will be allowed to schedule priority vacation during National Night Out and up to the day of the Fiesta Mexicana Parade. (This paragraph will survive and become permanent regardless of the trial procedure noted above.) Employees shall be allotted fourteen (14) days in which to complete the seniority-based vacation sign-up process and the City shall have fourteen(14)days after its completion in which to approve or deny the vacation requests, and to accept alternative vacation dates for those denied. During this process, bumping of bids by seniority will be allowed. Current Priority Vacation Bidding Procedure — Temporarily Suspended through September 2025 (B (1)—(2)below) Refer to Bargaining Note above: 1. Bidding under a compressed workweek: When the Department is operating on a compressed workweek, priority vacation bidding will take place on or around November 1st of each year with the posting of a team schedule. Bidding will be conducted within each team on the basis ofseniority, with the senior-most officer having the first vacation choice. Employees shall be allotted eight(8)days in which to complete the seniority-based vacation sign-up process and the City shall have fourteen (14) days after its completion in which to approve or deny the vacation requests, and to accept alternative vacation dates for those denied. During this process, bumping of bids by seniority will be allowed. Once priority vacation bidding is completed, non priority vacation and holiday requests will be accepted based on seniority for one week, seven (7) days, after the entire priority vacation bid process is complete. Employees will only be able to bid for time off that each officer has already accrued. The City will then have one week, seven (7) days, in which to complete the non-priority vacation and holiday requests. Any holiday or vacation time offrequested after this process will be based on a first come first serve basis. Notwithstanding the above, in the event the City implements a compressed workweek schedule, the City and Association may agree to an alternative vacation bidding process. Any such agreement will be confirmed in writing. 2. Bidding under the Five-Ei hit(S/8)Plan: When the Department is operating on a five-eight (518) plan, priority vacation bidding will take place on or around November 1st ofeach year. Each employee shall be allowed to sign up for one (1) continuous vacation period for the ensuing shy bid year. The above-specified vacation sign-up shall be conducted on the basis ofseniority, with the most senior employee having the first vacation choice. Employees shall indicate their first and second choice for vacation dates on the bid. Employees shall be allotted eight(8) Woodburn and Woodburn Police Assn. Page 18 CBA Effective 2024-2026 37 WPA 2024-2026 Exhibit A days in which to complete the seniority-based vacation sign-up process and the City shall have fourteen (14) days after its completion in which to approve or deny the vacation requests, and to accept alternative vacation dates for those denied. During this process, bumping of bids by seniority will be allowed. Vacation Requests Generally. All vacation shall be taken in increments of one (1) hour, or longer. Requests for vacation in increments of more than two (2) days must be submitted at least ten (10) calendar days in advance. Requests for vacation increments of two (2) or less days may be submitted at any time. All non-priority vacation requests shall be approved or denied on a first- request-received-has-priority basis within three (3) business days of the day of receipt of the request,but not before the seniority bidding process has been completed for the period in question. An employee may combine his/her accumulated holiday time with vacation when scheduling vacation time off. C. Cancellation of Vacation/Holiday: In the event an employee is involuntarily required to work during his/ her vacation/holiday, he/she shall receive overtime at the applicable rate for all time worked during the scheduled vacation and shall have the option of receiving vacation pay for the time involved (for a total of two-and-one-half times the regular hourly rate) or having the vacation time reinstated to his/her vacation account for use at a later time. In addition, if an employee's priority vacation is canceled by the City for reasons that are not beyond the control of the City, and if the employee has made non-refundable deposits that must thereby be forfeited, he/she shall be eligible for reimbursement subject to the following. At the time of notification of vacation cancellation, which must be hand-delivered to the employee, the employee must advise the City of the fact that certain non-refundable deposits may have been made and the nature of those deposits. Within seventy-two (72) hours of receipt of the notice of vacation cancellation, the employee must submit appropriate documentation to verify any non- refundable deposits. The provisions of this section shall not prevent an employee from voluntarily canceling and/or rescheduling a vacation without the payment of a premium for the time involved. D. Conversion of Vacation: An employee may make a written request to convert vacation into sick leave or bereavement leave in circumstances where this is justified. With the Chief's approval, authorized vacation time may be converted to sick leave or bereavement leave when the employee experiences a major illness or injury while on vacation or; while on vacation, an event occurs in the employee's family where the employee would qualify for bereavement leave. E. Termination of Employment: Upon the termination,resignation or other break in seniority of a regular, non-probationary employee, earned but unused vacation time shall be paid at his/her current wage rate. ARTICLE 15 - SICK LEAVE A. Accrual: Sick leave with pay shall accrue at the rate of eight (8) hours, per month of employment,to a maximum accrual of nine hundred sixty (960)hours. For the purpose of accrual of paid sick leave benefits, a "month" shall be defined as including any month during which an employee is actively working or is on vacation,holiday or other leaves of absence paid by the City. Woodburn and Woodburn Police Assn. Page 19 CBA Effective 2024-2026 38 WPA 2024-2026 Exhibit A Paid sick leave benefits do not accrue during periods that an employee is on layoff or unpaid leaves of absence, except FMLA/OFLA/Military Leave. While an employee is on PFMLI leave, their sick leave benefits will only continue to accrue if the employee remains under a paid status with the City.If the employee elects to only receive wages through PFMLI benefits while on a protected leave, they will not receive ongoing accruals, but instead will have their sick leave bank restored fully at the time they return to work. In the event an employee is on layoff or unpaid leave for part of a month, his/her sick leave accrual will be credited for a full month,provided the employee has worked during that month. B. Utilization: Sick leave shall be available for the following: 1. Employees may use sick leave when unable to perform their work duties by reason of illness, off-the-job injury,pregnancy, necessity for medical or dental care, or by serious illness in their immediate families requiring the presence of the employee, or any other purpose provided by FMLA, OFLA, (with the exception for time off to care for a child during school closures for public health emergencies), PFMLI, or Oregon Sick Leave Law (SB 454). 2. Personal Illness or Injury that is Job Related/Workers' Compensation: Sick leave payments will be made for the three (3) day waiting period before Worker's Compensation time-loss benefits begin. C. Sick Leave Verification: The City may require an employee to submit verification of eligibility for sick leave from an employee's doctor or health care professional as whenever the employee's sick leave usage exceeds three (3) consecutive workdays or whenever the City has a reasonable belief based upon objective and articulable facts that a misuse of sick leave has occurred. Receipt of verification may be required as a condition of payment. In the event verification is required, out-of-pocket costs billed by the doctor or health care professional to obtain the necessary verification shall be paid by the City to the extent such costs are not covered by insurance. Verification may be required for absences due to illnesses and injuries of the employee and/or members of his/her immediate family, consistent with applicable law D. Limitations and General Conditions: 1. New Employees: Sick leave shall not be available for utilization until after the first ninety (90) days of employment have been completed. 2. Notification: The employee shall notify his or her immediate supervisor in accordance with procedures that may be established by such supervisor of the need for sick leave as, soon as possible after his or her knowledge of the need. 3. Appearance in Court: If an employee is required to appear in court during their scheduled shift on a day that the employee is off on sick leave, the employee shall, notwithstanding the requirements of Article 11, Hours of Work, and Article 12, Overtime, not be eligible for extra pay for the first eight (8) hours of the court appearance. An employee shall not be charged sick leave for the hours worked Woodburn and Woodburn Police Assn. Page 20 CBA Effective 2024-2026 39 WPA 2024-2026 Exhibit A pursuant to this section. If an employee is required to appear in court outside of their scheduled shift, they will be paid at the overtime rate in accordance with Article 12. 4. Verification of Medical Limitations: Employees must be able to resume their normal work duties upon return to work. A doctor's certificate verifying that the employee is able to resume his or her essential work duties in a manner that does not threaten his/her safety or the safety of others may be required. The City reserves the right to require employees to submit verification of medical ability to safely perform their job duties, as well as confirmation of the precise nature of any limitations on an employee's ability to safely perform his/her job duties as a condition of returning the employee to work. E. Catastrophic Leave: An employee may donate sick leave under the Catastrophic Leave Program as provided in the City Catastrophic Leave Policy and Procedures. If, during the term of this Agreement, the City Catastrophic Leave Policy changes to allow employees additional options for the donation of sick leave or other types of leave, these new provisions of the policy shall also be applied by the City to Association members. F. Injury Leave: Employees who sustain an injury or illness compensable under Oregon's Worker's Compensation laws, and are eligible to receive time loss payments will be paid the difference between their regular gross wages and injury time loss payments for up to one thousand forty (1,040) hours per claim, unless state or federal law provides otherwise. These payments made by the City will be counted as injury leave on payroll records. The employee shall continue to accrue paid leave and health insurance during this period. PERS will be paid on injury leave as allowed by PERS. Employees will be allowed to use injury leave to attend health care provider appointments related to a workers' compensation claim. After Injury Leave is exhausted, employees shall use available leave for the differential between the employees' time loss payments and their regular gross wages. Whether employees have available leave or not an occupationally disabled employee provided they pay their share of the premium, shall continue to receive health insurance benefits for a period of twenty-four(24) months from the date of disability, or for the duration of employment, whichever is less. After the twenty-four(24) month period, employees will be eligible to purchase continued coverage under the City's health insurance program in accordance with federal and state laws until the employee returns to work or is terminated. Leave accruals will be pro-rated based on leave hours used. Employee shall use accrued leave for the purpose of attending health care provider appointments related to a workers' compensation claim. If an employee's worker's compensation claim is disputed, and a final decision is issued through the Workers' Compensation Board or Oregon courts reversing previous determination that an employee's injury or illness was not compensable, injury leave benefit will be paid and all prior time charged against an employee's accrued leaves shall be restored to the employee. If an employee qualifies for Worker's Compensation time loss benefits and is given a light-duty assignment, the employee shall suffer no loss of pay or benefits and will be paid his/her regular Woodburn and Woodburn Police Assn. Page 21 CBA Effective 2024-2026 40 WPA 2024-2026 Exhibit A pay while on light duty without deduction from his/her sick leave bank in accordance with Article 16 Section E. ARTICLE 16- OTHER LEAVES AND LIGHT-DUTY ASSIGNMENTS A. Jury Duty: An employee shall continue to receive his/her regular salary for the period of required services as a juror. All monies received for jury duty, except personal vehicle mileage, will be surrendered to the City. Employees on jury duty shall be changed to a duty assignment commencing at 8:00 a.m. and ending at 5:00 p.m. and shall not receive a paid lunch period for the time served on jury duty. In addition, if the deliberations of the jury extend beyond 5:00 p.m., the employee shall not be entitled to any overtime pay. Employees will report for work when less than a normal workday is required by such duty. B. Voting Leave:eave: When an employee's work schedule is such that he/she would not be able to vote prior to or after his/her normally scheduled working hours, he/she may be granted a reasonable time off duty to vote without loss of pay or accrued vacation or sick leave. C. Leave of Absence Without Pay: It is the expectation of the City that employees will be judicious in their use of paid leave and that the need for leave without pay will be a rare occurrence. In the event of exhaustion of vacation, holiday, and sick leave time, the Chief of Police may authorize leave without pay due to unavoidable absence from work up to thirty (30)days. Requests for such leaves must be in writing and must establish reasonable justification for the approval by the City. Leaves of absence without pay for longer than thirty (30) days must be approved by the City Administrator. Such leave shall not be approved for the purpose of accepting employment outside the City. D. Family Medical Leave: The City will comply with the Family Medical Leave Act(FMLA) and Oregon Family Leave Act(OFLA), and Paid Leave Oregon/Paid Family and Medical Leave Insurance program (PFMLI). Employees who are absent from work for FMLA or OFLA qualifying reasons, but who are not eligible to receive sick leave benefits will be paid accrued holiday pay and/or vacation pay for their absences. In the event an employee does not specify whether he/she prefers to utilize holiday or vacation pay, holiday pay shall be utilized first, then vacation pay. The employee shall continue to receive health, long-term disability and life insurance benefits during the time the employee is on designated leave under the Family Medical Leave Act(FMLA). Following the expiration of the FMLA entitlement period, health, long-term disability, and life insurance benefits will continue to be paid by the City, provided that the employee continues to have leave hours charged against their leave bank (sick, vacation, holiday). If an employee is on State-approved PFMLI leave, the City will continue the employee's medical and dental, life, and long-term disability coverage, on the same terms as when the employee began their leave. Employees remain responsible for paying their share of benefit premiums while on State-approved PFMLI leave. If the City pays (directly or indirectly, voluntarily or as required by state or federal law) any part of the employee's share of health or other insurance premium while the employee is on leave, it is agreed that the City may later deduct from an employee's pay the employee's share of premiums paid by the City. Once the employee returns from PFMLI leave, Woodburn and Woodburn Police Assn. Page 22 CBA Effective 2024-2026 41 WPA 2024-2026 Exhibit A deductions may be made up to 10 percent of the employee's gross pay each pay period until the health or other insurance premium amounts paid by the City are repaid. For purposes of calculating FMLA, OFLA, and/or PFMLI leave, the PFMLI rules for "forward- looking"benefit year calculations will apply. Under this method, the benefit year will be the 12- month period beginning on the Sunday immediately before the date on which the leave commences. For purposes of aligning the FMLA benefit year with OFLA and PFMLI rules, the City will reset the FMLA benefit year on January 1,2024, so that three leave programs will follow a"rolling" calculation method. E. Limited Duty Assignments: When an officer who is recovering from an injury or illness compensable under Workers' Compensation is certified as fit for limited or light-duty but not full duty, the City shall provide light-duty employment subject to the following limitations and conditions: 1. The maximum duration of such employment shall be six (6) months from date of release unless the parties agree to extend the assignment. 2. Pay for such position shall be as follows: a. The employee shall receive one hundred percent (100%) of his or her regular rate including incentive pay, but not including pay for premium assignments. b. There shall be no charge to the employee's sick leave, holiday or vacation pay banks for the time spent working in a limited-duty capacity. Paid leave time, including sick leave, shall however, continue to accrue and be available to employees while on a limited-duty assignment. During the time an employee is on light-duty, sick leave, holiday in lieu of pay and vacation pay will accrue at the employee's regular rate. However, employees who utilize sick leave, holiday or vacation pay during a light-duty assignment will be paid at the rate applicable under Section E 2(a), above. 3. The City may assign an employee who is on a light-duty assignment to a different shift without regard to seniority or shift bidding preferences. When it is practical to do so, the City shall also modify the work schedule of limited-duty employees so as to allow the employee to participate in physical therapy and attend medical appointments. 4. The officer must be able to work in the evidence room, take phone inquiries, and conduct background checks/investigations by phone, do filing and perform various other office tasks in order to qualify for the light-duty position. Woodburn and Woodburn Police Assn. Page 23 CBA Effective 2024-2026 42 WPA 2024-2026 Exhibit A 5. The City may require a medical verification of the employee's ability to safely perform the light-duty duties described in subsection 4, above, as a condition to placing an employee in a light duty assignment. The City shall have the right to obtain a second medical opinion at its own expense in order to verify any medical opinion it has received from the employee's physician. 6. Light-duty work shall not be offered to an officer who is unable to perform his/her regular job duties as a result of his/her misconduct. 7. Light-duty work may be offered to officers injured off-the-job or for medical conditions, subject to Department approval. F. Bereavement Leave: 1. In the event of a death in the employee's immediate family, an employee shall be granted a leave of absence of up to five (5) shifts per occurrence without loss of pay. The amount of bereavement leave granted (not to exceed five (5) shifts per occurrence) shall be reasonably appropriate and necessary under all the circumstances. 2. Immediate family is defined as spouse, domestic partner, parent, grandparents, child(ren), step-child(ren), brother, sister, father-in-law, mother-in-law, or other relative living in the employee's household. 3. This leave shall be separate from sick leave and shall not accumulate from year to year. Additional unpaid bereavement leave may be available to qualifying employees under the Oregon Family Medical Leave Act(OFLA). Employees may use accrued leave while using bereavement leave that is not City-paid. City-paid bereavement leave runs concurrently with OFLA. 4. In the event of a death of a co-worker, employees may request and be granted vacation leave or other mutually agreeable time off to attend the funeral. In instances where the essential work of the City would be seriously handicapped by the temporary absence of a group of employees in a division, the City may set a reasonable limit on the number of employees that are to receive such leave. 5. In the event that the City of Woodburn revises the Bereavement Leave section of the City HR Rules during the term of this Agreement so that the bereavement benefits to employees are increased, the increase bereavement benefits shall also be given by the City to Association members. G. Military Leave: Military leave shall be granted in accordance with federal and state law. ARTICLE 17-WAGES A. Appendix A: Wages covered by this Agreement shall be in accordance with the schedule set forth in Appendix A. Woodburn and Woodburn Police Assn. Page 24 CBA Effective 2024-2026 43 WPA 2024-2026 Exhibit A Effective and retroactive to June 23, 2024, the City shall increase the wages of all members as reflected in Appendix A by five percent, (5%). Effective June 29, 2025,the City shall increase the wages of all members as reflected in Appendix A by four and one-half percent percent(4.5%). As set forth in the Wage Schedule contained in Appendix A, sworn employees, Community Service Officers, and Court Bailiffs are eligible for a four percent (4%) longevity step increase upon completion of ten (10)years of service (reflected as Step 9/Longevity 1 in the Police Officer Wage Schedule in Appendix A), are eligible for an additional two percent (2%) longevity step increase, for a total of six percent(6%),upon completion of fifteen (15)years of service(reflected as Step 10/Longevity 2 in the Police Officer Wage Schedule in Appendix A), and are eligible for an additional two percent (2%) longevity step increase, for a total of eight percent (8%), upon completion of twenty (20)years of service (reflected as Step 11/Longevity 3 in the Police Officer Wage Schedule in Appendix A). B. DPSST Certification Pay: Employees shall receive the following pay for maintaining intermediate and advanced certificates: Police Officer Intermediate certificate (five percent(5%) monthly base salary) Police Officer Advanced certificate (ten percent(10%) monthly base salary) The City will continue to provide forty (40) hours of training per year. If possible, the City will offer training that satisfies DPSST standards. In the event the City provided training does not satisfy DPSST standards due to content or required hours, or in the event employees are not available when City training is offered, training shall be obtained by the employee on employee's own time and at employee's own expense. Such expenses shall not be reimbursed by the City. Employees who fail to maintain their certification will be subject to demotion, or in the event of loss of basic DPSST certification, termination. C. Step Advancement: Employees are eligible for Step advancement following completion of twelve (12) months of service at the prior Step, subject to Department approval and the salary schedule. D. Denial of Step: If a Step advancement as provided for in this Article is to be denied, the employee shall be given notice of such denial in writing. The notice of denial must also state the reason for the step denial and,where applicable, specify the standards that must be achieved before the step increase will be granted. ARTICLE 18 -PREMIUM AND INCENTIVE PAY Employees are eligible for the following premium and incentive pay: A. Motorcycle Patrol Premium: Any officer assigned to motorcycle patrol shall receive seven percent(7%) of hourly base pay premium while so assigned. Woodburn and Woodburn Police Assn. Page 25 CBA Effective 2024-2026 44 WPA 2024-2026 Exhibit A B. Canine Officer Premium: Canine Officer and dog training activities shall be conducted primarily on-duty. Canine Officers accept and may resign from the position voluntarily. Acceptance of the assignment is based upon willingness to care for the animal off-duty as a family pet. Employees who serve as Canine Officers shall not receive overtime wages for off-duty care of the animal as a family pet. The parties intend to compensate for the off-duty care,feeding, grooming,bathing, exercising, and kennel cleaning and maintenance time. In order to compensate the Canine Officer for weekly kennel cleaning, maintenance time, and weekly training time, the Canine Officer shall receive seven percent (7%) hourly base pay premium. The parties agree that this pay differential fully compensates the Canine Officer for the amount of time required to perform these activities. Off duty training will considered hours worked and will be subject to the 28/day, 171 hour FLSA standard. The parties agree that commuting to work with the dog does not constitute "hours of work" solely because the dog is in the vehicle. Canine Officers shall be entitled to a call back premium when duty concerns emergency care of their animal, consistent with Article 12.13. C. Marion County Interagency SWAT Team Premium: Any officer assigned to the Marion County Interagency SWAT Team shall receive premium pay in an amount equal to three percent (3%) of hourly base pay while assigned to the Marion County Interagency SWAT Team. D. Field Training Officer (FTO) Premium: Effective on the second pay period after ratification, Officers assigned by the Chief or designee as an FTO shall receive a ten percent(10%) hourly base pay premium for all hours actively engaged in FTO duties, including all hours actively spent/assigned/coaching a Phase Zero recruit. This applies to sworn officers and Community Services Officers. Other Officers assigned to provide FTO-Phase Zero Coaching (Non-FTO Assigned Officers), shall receive a five (5%) percent hourly base-pay premium for all hours actively engaged in Coaching duties. E. Lange Incentive: Any sworn officer, Community Service Officer or Court Bailiff (henceforth "officers" for purposes of this Language Incentive) demonstrating oral proficiency in the Spanish or Russian languages shall receive a seven percent (7%) base pay hourly language incentive. The City is to determine the level of proficiency required and the manner of testing that proficiency. Newly hired officers shall be eligible to receive language incentive pay upon successful completion of testing administered by the City Human Resources Department. Any officer whose oral skills are not sufficient to pass the language testing exam but whose skills are deemed sufficient to utilize on the street shall receive two and one-half percent (2.5%) base pay hourly incentive. Sufficiency shall be determined by the Chief or his designee. Maximum language incentive shall be limited to seven percent(7%) for employees who have been certified to have multiple language proficiencies. Testing for language skills shall not be unreasonably delayed and the City reserves the right to expand the language incentive program to include other languages as operational needs of the City Woodburn and Woodburn Police Assn. Page 26 CBA Effective 2024-2026 45 WPA 2024-2026 Exhibit A change over time. Recertification for officers who are receiving the two and one-half percent (2.5%)base pay hourly incentive will occur every two (2)years. F. Detectives, CRO, and School Resource Officer (SRO) Premium: Officers regularly assigned as Detectives, CROs or SROs shall receive an additional seven percent (7%) of hourly base pay for the duration of the assignment. G. Mobile Crisis Response Team Officer: An Officer appointed by the Chief and assigned as a member of the Mobile Crisis Response Team (MCRT) shall receive a premium of five percent (5%) for the duration of the assignment. H. Physical Fitness Incentive & Wellness: 1. Wellness Plan: Employees are eligible and may choose to participate in any Wellness Plan offered by the City. Upon ratification, employees may participate in on-duty workouts/exercise during their shift with supervisor approval and without incurring a loss in pay. On-duty workouts/exercise will be approved upon request with supervisor discretion subject to staffing levels and shift needs. Report writing, calls for service, and meal breaks will have priority over any on-duty workout/exercise time. The City has drafted Policy 1032, which the City intends to implement by year-end, 2024. 2. Establishment of Fitness Incentive: Recognizing that physical fitness is beneficial to the health and well-being of employees, in addition to lowering the potential cost of health care and work related injuries, a physical fitness incentive is established by this Article. 3. Opportunity to Take the 4-Minute Row Evaluation: Employees will be provided the opportunity to participate in the 4-Minute Row Evaluation. The department will provide four(4) opportunities during the first quarter of each calendar year. A member of the sworn command staff must be present during the test. Participation in the 4-Minute Row Evaluation is voluntary and will be conducted during the employee's "off duty" time. If on protected leave during testing period, the employee will be given one opportunity to take the test upon return from protected leave. If the employee passes, the employee will receive the incentive for the calendar year. 4. Physical Fitness Incentive: The following percentage scores will be calculated utilizing the Texas Department of Public Safety 4-Minute Fitness Test Chart found online. Employees who score 60-69%will receive $150, employees who score 70-74%will receive $300, and employees who score 75% or higher will receive $450 as a physical fitness incentive for the calendar year during which the 4-Minute Row Evaluation was administered. Employees are eligible to receive the physical fitness incentive in future calendar years when they meet the listed standard in future 4-Minute Row Evaluations. Woodburn and Woodburn Police Assn. Page 27 CBA Effective 2024-2026 46 WPA 2024-2026 Exhibit A 5. Employees Who Do Not Qualify: Employees who take the 4-Minute Row Evaluation, but do not meet the above standards, will not be deemed "physically unfit for duty" or be negatively treated by the Department. 6. Employees Who Fail to Participate: Employees who do not take the 4-Minute Row Evaluation shall not be negatively treated by the Department. L Education Incentive: Effective on the second pay period after ratification, the City shall pay an incentive of two percent (2%) of an employee's base hourly rate for hours worked in the pay period for an employee holding an Associate's degree from an accredited college or university, or at least 90 credit hours. The City shall pay an incentive of four percent(4%) of an employee's base hourly rate for hours worked in the pay period to an employee holding a Bachelor's degree from an accredited college or university. Education incentives are not cumulative. If an employee holds both an Associate's degree and a Bachelor's degree, the employee will receive a total education incentive of four percent(4%). To obtain this incentive employees must provide Human Resources with proof of degree or certified transcripts. J. Aquatic Center: Employees shall receive free access to Woodburn Aquatic Center. ARTICLE 19—EXPENSES Employees will be allowed use of a City vehicle, if available, as needed, to conduct City business or for approved trainings. When an employee is permitted by the Chief of Police or designee to use a personal vehicle to travel for City business or approved trainings, the employee shall be reimbursed at the then-effective IRS rate. When an employee's duties require the employee to travel outside of City limits,the City will reimburse the employee for the cost of lodging and meals in accordance with City travel policy. Employees traveling to conduct City business or for approved training shall be considered on-duty and time spent traveling will be considered hours worked and all travel time shall be paid by the City. When two or more employees travel together by car to drive to conduct City business or for approved training, all occupants in the vehicle will be considered on-duty and time spent traveling will be considered hours worked and shall be paid by the City. ARTICLE 19A - TUITION REIMBURSEMENT The City of Woodburn may reimburse an employee for up to 50% of the amount of tuition for courses approved by the City Administrator which are deemed directly applicable and beneficial to City goals and objectives. The tuition reimbursement policy will be limited by budgetary resources within the Department and will follow the following guidelines: 1. The City may reimburse an employee for the amount of tuition for approved courses conducted outside the employee's regular working hours, provided the employee has Woodburn and Woodburn Police Assn. Page 28 CBA Effective 2024-2026 47 WPA 2024-2026 Exhibit A made application for approval to the City Administrator at least ten days prior to the registration for such course. 2. Course work eligible for reimbursement must be completed at a college or university holding statewide accreditation. 3. Attendance at job-related courses which are only offered during regular working hours may be approved by the Department Director and the City Administrator subject to the operating requirements of the Department. If the course is approved, leave of absences without pay or vacation time, or other paid leave time other than sick leave may be used by the employee. 4. Reimbursement will not include the cost of travel, books, materials, or other ancillary costs. Reimbursement will be limited to a maximum of six (6) units per semester. 5. Reimbursement will be provided upon showing of a successful completion of course- work- (i.e., a copy of report card or transcript, and a receipt, cancelled check, or other proof that registration has been paid by the employee). 6. Employee will be reimbursed 50% of tuition cost when course-work is completed with an "A" or"B" grade. Tuition will be reimbursed at only 40 % for course-work completed with a"C" grade. There will be no reimbursement for courses completed with a"D" or for failed courses. Tuition reimbursement is subject to all IRS rules. 7. Employees will be obligated, when deemed applicable, to share the benefit of their education and training with other City employees. ARTICLE 20 —CLOTHING AND UNIFORM If an employee is required to wear a uniform, the City shall furnish such uniform to the employee. The City shall pay the cost of the uniform. For sworn employees, the uniform shall include body armor, leather, weapon and other such equipment as issued by the Department. The City may approve alternative weapons and leather,or equivalent,which the employee shall provide at his/her own expense. Effective July 1, 2024 through June 30, 2026, the City will provide a patrol gear allowance to sworn uniformed employees, on an actual reimbursement basis, up to the amount of $200. Body armor shall be replaced in accordance with the manufacture's recommendation. The City shall replace all irreparably damaged or stolen equipment issued to employees. The City will provide to all non-probationary patrol officers a winter jacket with a liner option for uniforms with appropriate waist-length rain jackets for patrol. The City will provide a boot allowance to uniformed employees, both sworn and non-sworn, in the amount of$250 per year. The City will provide a clothing allowance for employees for approved clothing while assigned to plain clothes duty, on an actual reimbursement basis, not to exceed $750 per year. Approved Woodburn and Woodburn Police Assn. Page 29 CBA Effective 2024-2026 48 WPA 2024-2026 Exhibit A clothing is limited to professional business attire as specified by the Chief of Police, such as suits, sport coats, dress trousers/pants, dress shirts/blouses, ties, dress belts and dress shoes. Sworn employees assigned to the Criminal Investigations Unit and the School Resource Officer program are eligible for the plain clothes allowance. The Chief of Police may expand the assignments eligible for the plain clothes allowance. In December of each calendar year, eligible sworn employees will be paid a cash clothing allowance prorated for the number of full months served in said assignment during that calendar year. The City will follow IRS Regulations regarding clothing allowance as a taxable fringe benefit. If through no negligence or their own, an employee loses or damages lenses, frames or hearing aids in the course of their on-duty conduct, the City shall reimburse the employee for the cost of replacement frames, lenses and/or hearing aids. ARTICLE 20A—LIABILITY INSURANCE A. The City shall continue to cover employees during the term of this Agreement with no less on-the-job liability protection than is currently in effect. B. A copy of the liability insurance policy will be provided to the Association by the City at the beginning of each fiscal year, or whenever any change occurs in the coverage or the carrier. C. Legal Defense Plan: The City will contribute towards the PORAC Legal Defense Plan that provides each employee with an attorney as a direct result of criminal charges or a criminal investigation arising out of the employee's performance of his/her duties as an employee. a. Effective July 1,2024,the City will contribute the current contribution for Plan II coverage not to exceed $7.00 per month for each employee, paid by quarterly reimbursement of invoice provided by the Association for the "PORAC"Plan. b. The Association will provide a complete legal defense plan description to the City and written notice to the City of any changes to the plan description. Substantive changes in plan benefits may be subject to notice and bargaining under ORS 243.698. c. The City recognizes that it is not entitled to the work product of the attorneys involved in this program. The City recognizes there exists an attorney client privilege between the attorney and employee. ARTICLE 21 -MANDATORY OR APPROVED TRAINING A. Training Defined: The kinds of training that maybe conducted pursuant to the provisions of this Article shall include such activities as DPSST approved classes, college-level instruction, firearms qualification, and instruction as to departmental methods or procedures or training opportunities approved by the Chief of Police. Woodburn and Woodburn Police Assn. Page 30 CBA Effective 2024-2026 49 WPA 2024-2026 Exhibit A The City agrees to meet and confer with the Association with respect to the selection and scheduling of mandatory training activities. B. Cost of Training: The City shall pay all costs of mandatory training. C. Pay for Training: Notwithstanding other provisions of this Agreement and to the extent permitted by law, the City shall have the right to pay employees at their straight-time hourly rate for training activities that the employee is required to attend which do not fall within the employee's regularly scheduled hours of work. This equates to eleven (11) hours per month on a forty (40) hour work week, three (3) hours per month on a one-hundred-seventy-one (171) hour per twenty-eight(28) day work cycle or as allowed by FLSA. D. Scheduling of Training: The City may alter the regular shift schedules to enable an employee to attend non-mandatory training outside his/her regular work schedule without incurring overtime obligations for that employee, as a condition of approving attendance at such training. Shift changes for that employee are not subject to advance notice of shift scheduling. Employees attending non-mandatory training will, however, be given at least eight (8) hours off duty between shifts. Also, when a particular class or training activity is to be offered at two or more different times, and when there is a choice between scheduling an employee to attend the training during his/her regular work hours or outside his/her regular work hours, the employee shall, to the extent permitted by the City's reasonable operating needs, be scheduled to participate in the training during his/her regular work hours. Whenever possible, in-service training, will occur on Tuesdays of the employee's short week and begin after 0800 hours. This provision excludes training associated with specialty positions, such as K9, TSU, and CNU. E. Firearms Qualification: The City shall schedule not less than six(6) opportunities for each office to practice shooting his/her firearm each year. Included within the above-specified six (6) opportunities shall be not less than four (4) qualifications. The City shall provide adequate ammunition to complete all course of fires including tactical and qualifying training regiments. The City shall also provide training ammunition for officers who wish to qualify with an off duty or backup weapon, so long as the ammunition is of the caliber stocked by the City. F, Pay for Travel to/from Training: Employees traveling by any means to conduct City business or for approved training shall be considered on-duty and time spent traveling will be considered hours worked and all travel time shall be paid by the City. When two or more employees travel together by car to drive to conduct City business or for approved training, all occupants in the vehicle will be considered on-duty and time spent traveling will be considered hours worked and shall be paid by the City. ARTICLE 22 —HEALTH INSURANCE AND OTHER BENEFITS Woodburn and Woodburn Police Assn. Page 31 CBA Effective 2024-2026 50 WPA 2024-2026 Exhibit A A. Medical: The City shall provide to both sworn and non-sworn employees medical and prescription coverage through City County Insurance Services (CIS) the Regence Plan -Copay ERx 7 or the Kaiser Medical Plan B w/Rx care. B. Vision: The City shall provide vision coverage to both sworn and non-sworn employees the VSP for Regence participants and Kaiser Vision for Kaiser participants. C. Dental: The City shall provide dental coverage to both sworn and non-sworn employees through CIS ODS 11, Willamette Dental, or the Kaiser Dental Plan. D. Funding: 1. (a) The premium insurance share for both sworn and non-sworn employees shall be ninety-five percent(95%) employer paid and five percent(5%) employee paid for the participant's medical/vision/dental benefits package. For Bailiff employees, the City's employer-paid contribution to their medical plan premiums shall be prorated based on the budgeted FTE of the position. (b) If an employee splits participation in medical and dental plans (i.e., Regence Medical with Kaiser Dental or Kaiser Medical with Regence Dental), the City will determine which premium share is applicable based upon the employee's medical plan choice (i.e., Regence Medical with Kaiser Dental yields the Regence premium share; Kaiser Medical with Regence Dental yields the Kaiser premium share). Monthly premiums and cost coverage level for the health insurance for January 1, 2025 to December 31, 2025 can be found in Appendix C. 2. Opt-Out: All employees regularly scheduled to work 20 or more hours per week are required to participate in the health insurance program unless the employee can prove they have attained medical insurance coverage via an alternative means. In which case, employees may opt out of the Plan and receive a$100.00/month taxable incentive from the City (starting January 1, 2025). In order for the City to offer the opt-out incentive, the following must apply: (a) The employee and dependents must be enrolled in another employer's group health plan (e.g. a spouse's employer group plan)that provides minimum essential health coverage as required by the Affordable Care Act, and the employee shall provide documentation of such enrollment upon each annual opt-out election and upon City request. Minimum essential coverage does not include coverage through Oregon Health Plan, a Student Health Plan, or coverage bought on the individual market. This option also does not apply if the City-sponsored medical plan would otherwise be primary to Medicare, TRICARE, or other federal, state, or tribal subsidized health insurance program (federal rules do not allow employers to provide financial or other benefits incentives to Medicare or TRICARE beneficiaries to opt-out of an Woodburn and Woodburn Police Assn. Page 32 CBA Effective 2024-2026 51 WPA 2024-2026 Exhibit A employer-sponsored medical plan that would otherwise be primary to Medicare or TRICARE). (b) The City will randomly audit employees who opt out of the City medical insurance program. Any employee who has opted out of the program and does not have and/or maintain group coverage will be required to pay back any incentive pay they have received for the entire contract period regardless of when their coverage ceased. E. Life Insurance: For the duration of this Agreement, the City shall provide the following: 1. A life insurance policy equivalent to current base wage with twenty-four(24) hour term life and accidental death and dismemberment policy. 2. A $10,000 on-duty life policy is in addition to the above. 3. A $1,000 twenty-four (24) hour life double-indemnity accidental death and dismemberment policy. F. Domestic Partners: For purposes of this Article, where insurance benefits are extended to "spouses," domestic partner shall be considered a spouse. A domestic partner is defined as an individual of the same sex as the employee who lives with the employee and has fulfilled the requirements contained in and completed the "Affidavit of Domestic Partnership" form which is available from Human resources. Domestic partners that have fulfilled the requirements set forth in this form will be eligible for all benefit insurance options available to "spouses" as limited by carrier contracts. Employees are obligated to promptly notify the Chief of Police when domestic relationships begin and end. G. Retirement: PERS — During the life of this Agreement, the City agrees to continue to participate in the Public Employees' Retirement System,which includes crediting of accumulated sick leave toward improved retirement benefits. Effective October 1, 2008, the City shall pick up, assume, or pay the employee's contribution required by law to PERS subject to the Oregon Administrative Rules pursuant to PERS statutes. OPSRP—During the life of this Agreement,the City agrees to continue to participate in the Oregon Public Services Retirement Plan (OPSRP) for eligible employees. Effective October 1, 2008, the City shall pick up, assume, or pay the employee's contribution required by law to OPSRP statutes. To the extent permitted by Section 414(H-2) of the Internal Revenue Service Code, employee payroll deductions towards the cost of retirement shall be made on a pre-taxable income basis. H. Long Term Disability Insurance: The employer will pay LTD to equate to 2/3 base salary, like current practice for Sergeants. Plan description to be provided to employees upon request. Woodburn and Woodburn Police Assn. Page 33 CBA Effective 2024-2026 52 WPA 2024-2026 Exhibit A ARTICLE 23 -PERSONNEL FILE A. File Review: Each employee 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 his/her employment by the City. B. Removal: Written reprimands, upon request of the employee, shall be removed from an employee's personnel file at the end of three (3) years from the date the written reprimand was issued,provided there are not subsequent concerns of a similar nature or disciplinary action related to similar conduct during the intervening period of time. All other disciplinary documents shall become a permanent record in the personnel file. Documents removed from an employee's personnel file as a result of an employee request will be placed in a confidential file maintained by the HR Director. Such documents will not be used against an employee for the purpose of establishing progressive discipline, but may, for a period of ten (10) years after the document was created, be used in any arbitration and civil proceeding for the purpose of establishing consistency of disciplinary action, lack of discrimination, the existence of mitigating circumstances and compliance with legal obligations. For police officers, all personnel records including but not limited to the personnel file,records of complaints, and disciplinary actions, shall be retained for ten (10) years after the police officer leaves the City's employment and provided to other law enforcement agencies that make a request in accordance with HB 4207,regardless of whether the records have been removed from the police officer's personnel file. C. File Additions: Each employee shall have the right to read and sign any written material of an evaluative nature that is placed in his/her personnel file. This includes merit ratings,written reprimands, demotions, suspensions, or discharge. Any employee may respond in writing to any item placed in such personnel file, and said response shall become a part of said file. Nothing in this Article shall restrict the ability of the Department to evaluate employees based upon performance. ARTICLE 24 -PROBATIONARY PERIODS Probationary periods shall apply to both new employees and employees having received a promotion. The probationary period shall be eighteen (18) months for all employees new to the Department; however, when a laterally hired, experienced and police-certified new hire is hired, such officer's probationary period shall be twelve (12) months. Employees promoted to a higher classification shall serve a twelve (12) month probationary period. At or prior to the completion of the probationary period, a new employee may be discharged and a promoted employee may be restored to his/her former classification without any reason,justification, or cause being shown. Woodburn and Woodburn Police Assn. Page 34 CBA Effective 2024-2026 53 WPA 2024-2026 Exhibit A New employees who are certified and have prior experience may be hired above the Step I rate. An employee so hired shall be eligible for advancement to the next step on the salary schedule after completion of probation. Probation may be extended for a maximum period of six months. The City reserves the right to negotiate directly with potential lateral hires as to expenses to cover the costs of changing agencies. ARTICLE 25—DISCIPLINARY ACTIONS AND PROCEDURES No regular employee shall be disciplined without just cause and due process. For purposes of this Article, "just cause"shall require that no employee shall receive a written reprimand,be suspended without pay or terminated without just cause. If a question as to just cause exists, it may be resolved by submission to binding arbitration pursuant to the provision of Article 27. The City acknowledges the right of the employee to request a representative of the Association to be present at any interview where the employee reasonably believes that discipline may result from the interview. A. Forms of Discipline Include: Written reprimand, suspension, reassignments or demotions (which would result in a reduction of wage rate and are attributable to misconduct, violation of policies or procedures or noncompliance with standards) and termination. Discipline for regular employees will normally be progressive, however, any level of discipline may be imposed based on the totality of circumstances and just cause. Employee evaluations and Command Counseling are not considered to be discipline and are not subject to the grievance and arbitration procedures set forth in Article 28. Command Counseling is a less formal means of addressing concerns related to performance, daily operations and compliance with departmental standards and expectations. Command Counseling is intended to correct an employee's behavior and provide notice to the employee that the employee's uncorrected behavior could lead to discipline. Command Counseling will not be placed in an employee's personnel file, but will be maintained the supervisory files for review for yearly evaluations. Command Counseling, including any employee rebuttal, will be purged from the supervisory file after a period of one (1)year from the date of Command Counseling. Nothing in this Article shall be construed to prevent or inhibit the Chief of Police or superior officers from discussing and addressing matters pertaining to the operational needs and standards of the department with employees. B. Due Process: In the event an employee is under investigation for potential violation of policy or procedures, noncompliance with Departmental Standards or misconduct which could reasonably lead to "discipline" as defined in Section A, above, the employee will be granted the following procedural rights: 1. Disciplinary Interviews and Notice: The employee and a member of the Association's Executive Board will be given forty-eight(48)hours advance written notice of intent to interview, except in situations where exigent circumstances exist to justify lack of notice (such as controlled substance concerns, etc.) Notice to the Woodburn and Woodburn Police Assn. Page 35 CBA Effective 2024-2026 54 WPA 2024-2026 Exhibit A employee will generally be hand delivered. Notice to a member of the Executive Board may be made electronically. The notice will include: the general nature of the allegation(s) or concern(s) prompting the interview; the policies and/or standards potentially violated; and a reminder of his/her right to consult with an Association representative and to have such a representative present during the interview. This notice is not, however, required under circumstances of an investigation involving alleged criminal conduct. 2. Interviews shall take place on City premises or elsewhere upon mutual agreement, unless an emergency, or special circumstances, exist to justify conducting the interview elsewhere. 3. The City shall make a reasonable good faith effort to conduct employee interviews during the employee's regular working hours, except for emergencies or where interviews can be conducted by telephone. 4. In a non-criminal investigation, the employee may be required to answer any questions reasonably related to the subject matter under investigation. The employee may be disciplined for refusing to answer such questions. In an investigation involving potential criminal conduct, employees who are required to answer questions related to the potential criminal conduct will be issued a"Garrity" notice in writing. Such notice will advise the employee that he/she is required to answer questions related to the potential criminal conduct and will be subject to discipline for failure to do so. The notice will further advise the employee that the answers provided in response to this directive will not be used in a subsequent criminal proceeding. 5. In situations involving the use of deadly force, the employee shall be afforded reasonable opportunity to consult with an Association representative or attorney prior to being required to give an oral or written statement about the use of such deadly force. 6. The employee shall be entitled to such reasonable intermissions as the employee shall request for personal necessities. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident(s) which are the subject of the investigation. Nothing in this Section shall prohibit the City from questioning the employee about information which is developed during the course of the interview or information related to the employee's understanding of the rule or standard in question and mitigating or aggravating factors. 8. If the City or Association tape records the interview, a copy of the complete interview of the employee, noting all recess periods, shall be furnished, upon request, to either party. If the interviewed employee is subsequently notified of Woodburn and Woodburn Police Assn. Page 36 CBA Effective 2024-2026 55 WPA 2024-2026 Exhibit A potential discipline and any part of any recording is transcribed by the City, the employee shall be given a copy of the tape prior to his/her due process hearing. 9. Investigations shall be conducted with no unreasonable delay. Disciplinary interviews and grievance procedure meetings will not be delayed to assure an employee's choice of a particular Association representative, unless the City has agreed. 10. Lie Detector Tests: No employee will be compelled to provide polygraph or voice stress tests. Command Counseling shall not be considered disciplinary action and shall not be subject to the provisions of this Article. C. Pre-Disciplinary Loudermill Hearings: Prior to any discipline being imposed, the employee shall be given the opportunity to meet with the Chief of Police or his designee, personally or through an Association representative or attorney, to provide additional evidence and/or mitigating circumstances related to the disciplinary action being considered. The City will provide reasonable advance notice of the meeting and will respond to requests for information related to the conduct leading to the proposed disciplinary action, including requests for copies of investigation documents,witness statements,tape recordings and other information relied upon as a basis for the proposed disciplinary action within a reasonable period prior to the meeting, consistent with PECBA and due process obligations. The City agrees not to decide on the discipline to be imposed on the employee until after such a meeting. D. Imposing Discipline: Any employee being disciplined will be given official written notice of the discipline being imposed, including a summary of the factual conclusions; the policy, procedures, standards violated and/or misconduct that occurred. The employee and/or Association representative shall, upon request, be furnished with a copy of the investigation including all witness statements,tape recordings and other materials collected by the City to impose the discipline. The City shall complete its investigation into an allegation of misconduct by an employer no later than six (6) months from the date of the first interview of the subject employee. The City may extend the completion date for the investigation to a maximum of twelve (12) months from the date of the first interview of the subject employee, provided that before the extension begins, the City provides written notice explaining the reason for the extension to the employee and the employee's association representative. E. Personnel Files: Disciplinary actions will be placed in employee personnel files and removed from such files in accordance with Article 23 of this Agreement. F. Officer Involved Shootings: The Department agrees to comply with the procedure for officer involved shootings, attached to this Agreement as Appendix B. Woodburn and Woodburn Police Assn. Page 37 CBA Effective 2024-2026 56 WPA 2024-2026 Exhibit A G. Paid Administrative Leave: The Department reserves the right to place an employee on paid administrative leave pending an administrative and/or criminal investigation. In such a case, the employee placed on paid administrative leave shall not experience any reduction in pay including but not limited to incentives or premium pay. Nothing in this section shall be interpreted to limit or restrict the right of the Department to place the employee on an alternate shift and/or make a different employee work assignment. ARTICLE 26—FUNDING The parties to this Agreement recognize that revenue needed to fund this Agreement must be approved annually by established budget procedures and, in certain circumstances, by a vote of the citizens of the City of Woodburn. All compensation provided for by this Agreement is therefore contingent upon sources of revenue, and where applicable, budget committee and voter approval. The City will not reduce the compensation specified in this Agreement, because of budgetary limitations. The City agrees to include in its annual budget request amounts sufficient to fund the compensation provided in this Agreement. In the event that the City does not receive the required budget committee or voter approval needed to fund the annual budget, the parties agree to meet to seek possible alternatives to layoff and service reductions. ARTICLE 26A -DEPARTMENT SEARCHES A. The City may conduct searches of City owned lockers, desks or other City property for the purpose of locating City equipment or City owned property that may be stored therein. In doing so the City will not be required to have reasonable suspicion or probable cause that the property or equipment will be found therein,provided that: I. Section D below does not apply when the City is seeking to retrieve needed equipment, such as Tasers, Radios and Radio Equipment, Firearms, and Current Patrol Notebooks. 2. Upon opening the locker, desk or other City owned property, the City shall only retrieve the item needed, and will not conduct a search of the locker, desk, or other City property, once the item sought has been located, and the City shall not open any personally owned containers found in the locker, desk or other City owned property. B. An investigative search of City owned lockers, desks or other City property will only be conducted with the approval of the Chief or designee upon reasonable suspicion that a violation of policy or procedure has occurred in accordance with applicable law. All other non-assigned areas (e.g., shared desks, common office space, department vehicles)may be searched by the City at any time for any reason. C. Searches under Article 27, Substance Abuse Policy, may also be conducted. Personal property, such as brief cases, lunch boxes, etc. brought onto City property, as well as lockers, Woodburn and Woodburn Police Assn. Page 38 CBA Effective 2024-2026 57 WPA 2024-2026 Exhibit A may be searched when the City has reasonable suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may be found. D. Prior to the search under this Article, notice will be given to the employee who may elect to be present with an Association representative,provided that the presence does not delay the search in excess of 45 minutes. In the event the employee is unable to attend or declines to attend the search, a search will still be conducted in the presence of an Association representative. ARTICLE 27- SUBSTANCE ABUSE POLICY The Woodburn Police Department implements the following Substance Abuse Policy to become effective upon execution of the Agreement: A. Purpose: I. It is the policy of this Department that the critical mission of law enforcement services justifies maintenance of an alcohol and drug-free work environment through the use of a reasonable employee drug testing program and the enforcement of rules prohibiting the consumption of alcohol or use of drugs which interferes with this mission. 2. The law enforcement profession has several uniquely compelling interests that justify the use of employee alcohol and drug testing and other reasonable restrictions designed to produce an alcohol and drug-free working environment. The public has a right to expect that those who are sworn to protect them are at all times both physically and mentally prepared to assume these duties. 3. Therefore, in order to ensure the integrity of the Department and to preserve public trust and confidence in a fit and alcohol/drug-free law enforcement profession, this Department has adopted the following rules and procedures: B. Applicant Drug Testing: I. Applicants for employment in the Department shall be required to take a drug test as a condition of employment during a post-offer/pre-work medical examination. 2. Applicants shall be disqualified from further consideration for employment under the following circumstances: a. Refusal to submit to a required drug test, or b. A confirmed positive drug test indicating drug use prohibited by this policy. C. Prohibited Conduct: Woodburn and Woodburn Police Assn. Page 39 CBA Effective 2024-2026 58 WPA 2024-2026 Exhibit A The following conduct is strictly prohibited: l. Buying, selling, consuming, distributing or possessing drugs or alcohol, including marijuana, during working hours, including rest and meal periods, except in conjunction with the performance of work duties (confiscated evidence, approved undercover operations, etc.) 2. Reporting for work or returning to duty under the influence of alcohol or drugs. For the purposes of this policy, an employee is considered to be "under the influence" of alcohol if his/her alcohol concentration is .02 BAC or more. Alcohol concentration levels measuring less than .02 BAC are considered a negative test result. An employee is considered to be "under the influence" of drugs, if the employee tests positive for having such substances present in his/her body. In no event will an employee consume any kind of alcoholic beverages within four (4) hours of the time he/she is scheduled to report for work. Where an employee is subject to call-out and he/she has consumed alcoholic beverages within the preceding eight-hour period, the employee shall be required to advise his or her supervisor of that fact, the amount and when the alcohol was consumed. 3. Failing to promptly report arrests, convictions and/or plea-bargains for an alcohol or drug-related criminal offense to the Chief of Police or his/her designee, irrespective of the jurisdiction where such action was taken. 4. Failing to comply with Department directives regarding enforcement of this Policy, including but not limited to refusing to promptly submit to required testing; giving false, diluted or altered samples; obstructing the testing process; failing to comply with rehabilitation conditions imposed by the Department or rehabilitation counselors pursuant to Article 7 of this Policy. 5. Failure to disclose use of over-the-counter or prescribed medication containing controlled substance, as required by Section D, below. For the purpose of this Policy, "drugs" includes, but is not limited to the following controlled substances: opiates, cocaine, marijuana (THC), phencyclidine (PCP), amphetamines/ methamphetamines and barbiturates. However, "drugs" does not include prescription and over- the-counter medications that are lawfully prescribed and used in a manner consistent with a physician's instructions and/or medication warnings. Marijuana is defined as a controlled substance for the purpose of this policy,regardless of whether or not the marijuana was distributed for medical purposes. Employees who engage in any prohibited conduct will be subject to discipline, including discharge. D Disclosure of Medications: Woodburn and Woodburn Police Assn. Page 40 CBA Effective 2024-2026 59 WPA 2024-2026 Exhibit A Employees are responsible for consulting with their physicians and carefully reviewing medication warnings, including any warnings pertinent to the effects of use of a combination of medications. Employees who are using over-the-counter or prescribed medications which have any reported side effects that could reasonably affect their ability to safely perform all essential job duties must notify their supervisor of the substance taken and its side effects before reporting for work. Medical verification of ability to safely perform job duties may be required before the employee is allowed to continue his/her job assignment. Employees are eligible to utilize sick leave benefits pending receipt of acceptable verification. Although the use of prescribed and over-the-counter medication as part of a medical treatment program is not grounds for disciplinary action, failure to fully disclose the use of substances which could reasonably impair the safe performance of essential job duties; illegally obtaining the substance or use which is inconsistent with prescriptions or labels will subject an employee to disciplinary action. E. Employee Testing: Employees will be required to undergo drug and/or alcohol testing as a condition of continued employment in order to ascertain prohibited drug use, as provided below: 1. Reasonable Suspicion. A supervisor may order an employee to immediately submit to a urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the City has reasonable suspicion to believe that the employee has violated the provisions of this Policy concerning reporting to work or being at work "under the influence" of drugs or alcohol. "Reasonable suspicion" shall be defined as suspicion based on articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or other reliable indicators that an employee has consumed drugs and/or alcohol in violation of this Policy. 2. Special Assignments. A drug test shall be considered as a condition of placement in special assignments within the Department and shall be administered prior to such assignment where testing is required by the District Attorney. Such assignments will not be used as a pretense for other types of drug testing. 3. Random. During the one year period, 25% of all persons covered by this Policy shall be randomly tested for drugs during unannounced times. a. The Human Resources Director shall determine the timing of such tests. b. All employees shall have a number controlled by a testing service with SAMHSA/NIDA certified lab, testing and Medical Review Officer(MRO) capabilities, which shall be placed in a pool for anonymous random electronic selection. Each employee shall have an equal chance of being Woodburn and Woodburn Police Assn. Page 41 CBA Effective 2024-2026 60 WPA 2024-2026 Exhibit A selected in each random selection. The City shall conduct up to four (4) random tests per year. C. Individuals selected for random testing shall be notified the day the test is scheduled,preferably within two hours of the scheduled testing. d. In the event the random testing of any employee is deferred because that employee is in a leave status (sick,vacation,parental leave, etc.) or on duty related travel status away from the City, that employee's test may be deferred. However, any individual whose test is deferred shall be subject to an unannounced test at any time within the following ninety (90) days. 4. Rehabilitation Treatment: Where testing is required pursuant to Rehabilitation and Return to Work Agreement imposed by the City or an employee's rehabilitation counselors, individualized testing may be required as outlined in that Agreement. Urinalysis testing will be conducted for all types of drug testing and breathalyzer testing will be conducted for all types of alcohol testing. F. Testing Procedures: l. All testing will be conducted at a laboratory certified by the federal DOT and shall be conducted in accordance with the standards for procedural safeguards and testing integrity disseminated by the NIDA. All drug tests will be conducted through collection of a split sample. All positive drug tests will be confirmed by a second cross confirmatory test from the same sample using GCMS testing methodology and reviewed by a Medical Review Officer before the test result is reported as positive. 2. The other sample shall remain at the testing facility in frozen storage for a minimum of 90 days from the date the test was conducted. This sample shall be made available to the employee or his attorney, should the original sample result in a legal dispute or the chain of custody be broken. 3. Whenever there is a reason to believe that the employee may have altered or substituted the specimen to be provided or the initial test was not determinative, a second specimen may be obtained immediately, using testing procedures deemed appropriate by the testing laboratory personnel. 4. If the confirmatory test is positive for the presence of a controlled substance, the employee will have the option of submitting the split untested sample to a qualified and certified laboratory of the employee's own choosing. 5. All records pertaining to department required drug and alcohol tests, as well as compliance with rehabilitation terms shall remain confidential, and shall not be released, except on a need to know basis, in accordance with applicable law. All Woodburn and Woodburn Police Assn. Page 42 CBA Effective 2024-2026 61 WPA 2024-2026 Exhibit A documents pertaining to testing and test results will be maintained in employee medical, not personnel, files. G. Consequences of Violations: 1. Employees who Report Dependencies and Seek Assistance before Committing Policy Violation—Rehabilitation. The City encourages employees who have drug and/or alcohol dependencies or think they may have such dependencies to seek assistance voluntarily. When an employee voluntarily reports a drug or alcohol dependency to the Chief or his/her designee and seeks assistance before violating this Policy, that employee will be placed on a leave of absence or adjusted working hours to allow for in-patient or out-patient rehabilitation treatment as recommended by a Substance Abuse Professional (SAP). The employee will not be permitted to work until such time as a Substance Abuse Professional agrees the employee: a. Has been evaluated by a Substance Abuse Professional (SAP); b. If recommended by the SAP, has complied with all rehabilitation/after-care prescribed; and C. Has a verified negative drug or alcohol test(as applicable). In order to return to work for the City, an employee seeking assistance must agree to all treatment,rehabilitation,after-care and follow-up testing as set forth in a written Rehabilitation and Return to Work Agreement required by the City. Any employee who violates the terms of the Agreement is subject to immediate termination. The time an employee is off work undergoing rehabilitation is unpaid. However, employees may draw their unused, accumulated sick leave, and/or vacation pay, holiday and compensatory time. Also, employees who are receiving health insurance coverage will be eligible for continuation of health insurance benefits with standard City contributions as required by the Family Medical Leave Act. 2. Employees who Report Dependencies and Seek Treatment after Committing a Policy Violation. Employees who notify the City of drug or alcohol dependencies after violating this Policy are subject to discharge, irrespective of such dependencies. Woodburn and Woodburn Police Assn. Page 43 CBA Effective 2024-2026 62 WPA 2024-2026 Exhibit A The City may however, at its discretion, allow an employee to undergo evaluation and rehabilitation in lieu of discharge, provided the employee promptly complies with the terms and conditions set forth in Section H1, above. The City will consider the following factors in exercising its discretion: the employee's length of service; the employee's work record, in particular, whether the employee has committed a previous alcohol or drug policy infraction; the consequences of the violation; any other circumstances offered by the employee that mitigates against discharge. It is understood and agreed that the references to discipline and discharge set forth in this Policy and the Rehabilitation and Return to Work Agreement are not intended to supersede "just cause"requirements. ARTICLE 28 - GRIEVANCE PROCEDURE A. Definition: A grievance for the purpose of this Agreement is defined as an alleged violation of this Agreement. B. Time Limits: The time limits set forth in this Article shall be modified only by written agreement signed by the Association and the City. Failure by the City to respond within a specified time limit shall constitute rejection of the grievance at that step and thereby allow the Association to proceed to the next step within the applicable time limit. Failure by the Association to file a grievance or proceed to the next step within the time limit specified in each step shall constitute termination of the grievance. For the purpose of this Article,all references to"day"or"days"shall mean business days (Monday through Friday, excluding holidays). C. Procedure: In an effort to provide for a peaceful procedure for resolution of disputes,the parties agree to the following grievance procedure: Step 1 - Immediate Supervisor: The employee or the Association shall submit the grievance in writing to the most immediate supervisor outside the bargaining unit within fifteen (15) days from the occurrence thereof or the employee's knowledge thereof. The written grievance shall include: 1) a statement of the specific City action or lack of action which is the cause of the grievance; 2) specific provision(s) of the contract by Article and Section(s) violated; and 3) remedy sought. The supervisor shall make a written response to the grievance within ten (10) days. Step 2 - Chief of Police: If the grievance is not resolved in Step 1,the grievance shall appealed to the Chief within ten (10) days of the date the response was received from the employee's immediate supervisor or within ten (10) days of the date that the response was due if no timely response was received. All appeals must be made in writing. The immediate supervisor shall forward to the Chief all materials submitted and received regarding the grievance. The Chief or his designee shall review the materials, conduct interviews and/or meet with Association representatives as deemed necessary and shall Woodburn and Woodburn Police Assn. Page 44 CBA Effective 2024-2026 63 WPA 2024-2026 Exhibit A issue a written response no later than ten (10) days from the date of receipt of the written appeal. Step 3 - City Administrator: If the grievance remains unresolved, the Association may submit the grievance in writing within ten (10) days of the date of the response was received, or within ten(10)days of the date that the response was due if no timely response is received, to the City Administrator by forwarding a copy of all materials submitted or received at all prior steps to the City Administrator with a cover letter specifying that the matter is being pursued to the third step. The City Administrator and his/her designee shall meet with the Association within ten (10) days of receipt of the grievance and shall make a written response to the grievance within ten (10) days of the meeting. Step 4 - Arbitration: If the grievance is not resolved and it has been submitted to the City Administrator in a timely manner,the Association may submit the grievance within fifteen (15) days of the date the response was received, or within fifteen (15) days of the date that the response was due if no timely response was received, to the arbitrator in the following manner. 1. The Association shall serve written notice to the City Administrator of intent to arbitrate and on the same date request a list of five (5)names from the Employment Relations Board (ERB). Within seven (7) days of receipt of the list,the parties shall alternately strike one(1)name from the list,until only one (1) is left. The one (1) remaining shall be the arbitrator. If the grievance involves police officer misconduct,the notice will so indicate and the parties will follow the rules announced pursuant to HB 2930, for selection of arbitrator. 2. The arbitrator shall render a written decision within a reasonable time. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall not have the authority to alter, modify, add to, or detract from the terms of this Agreement. The decision of the arbitrator, provided it is within the scope of this Agreement, shall be final and binding on both parties. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for the cost 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 producing such a record. ARTICLE 29 - SAVINGS CLAUSE Should any Article, or portion thereof, of this Agreement be held unlawful or unenforceable by any court of competent jurisdiction, by ruling by the Employment Relations Board, by statute, or by constitutional amendment, such ruling shall apply only to the specific Article or portion thereof, directly specified in the ruling. If such event occurs, the parties will enter into negotiations, Woodburn and Woodburn Police Assn. Page 45 CBA Effective 2024-2026 64 WPA 2024-2026 Exhibit A consistent with ORS 243.702, for the purpose of renegotiating the unlawful or unenforceable provision. ARTICLE 30—TERM OF AGREEMENT This Agreement shall be effective upon the date of ratification,unless otherwise stated herein. The terms and conditions of the Agreement shall remain in full force and effect through June 30, 2026, and shall also remain in effect through any negotiations for a successor Agreement. This Agreement shall not be modified in whole or in part by the parties except by instrument, in writing, duly executed by both parties. Executed this day of , 2024. FOR THE CITY FOR THE WPA Signature Signature Title Title Woodburn and Woodburn Police Assn. Page 46 CBA Effective 2024-2026 65 Exhibit A N r" N 0 r14 00 r- r� Clff� 1p U� 09 li m m r, 00 1-1 0 r-i m r4 M lD 01 m 0 in Ln in in Ln Ln N Ln +r4 + LA 0 N M 0) Nm m N :T in 00 oq P '-I oq co 00 W IZ M 0 Cl0 N -i r4 Ln W UD m >. -t v in �t Ln Ln Ln Ln Ln CL >, m w Ln W Ln 4 4 CA + Ln + ej IZ H 00 �D r� lzl* QO r14 0 r� -q U� C-9 0-1 clq U) r, cn co Cl r"i 0 1-1 �r h w m Ln Ln V) V) Ln fl y M +1 V-4 41 rq I^ + VI + 'w� p" Zg'k Q -pzg, m 'MO 0 Q0 Ln H m N rlj (N �t Ln lD 1p oq 0 -;t CL t-• C1 00 0) N CL "t LD a) lzT -zt It Ln w m 41 tA4� cc m N 00 00 LD 00 m H 0 LA m 0 LM. . C� .C ri li -! m. ":t t'� H m �r It Ln r" 0 r 0) a (14 -t lzt I:t cu rn 4� %n tA Cl 0) 00 00 M r14 co 00 Ln lD 0 d. llq 00 IIR 00 00 00 Cl 101 C1. O Cl ,q m a' �r a' �t -t -t 't v m 'IT V) 0) 0 0) 00 r, 00 m 0 N Ln rl� rl� U� 1p rl� Iq Lf1 Cq 09 ll� , m r- 00 C Cl C (14 H N et CL Cl Ql m m �T m zT �t �* a) N O1 Cl H Cl Itt 0) 00 lD 00 ul . . r� U) U1 riN O oq Ln t.0 W r, 00 0 01 C) r-4 CL 00 r, m m m m m m lzl* -zt W N m 41 00 cT C) H r-I -zt m 00 Cl Cr m Cl N li rlw 01 W Ui N LI) tol0 r; 00 rl 00 0 l6 lD CL m m rr) m m m mm It m 41 on to c c tinUD rum O) MC ctD oo c tao u _I -J CO a 'M > u 0 M aj m 'a aj > a C E CO < u 'a CO < Q) V) U . u 0 lu; > cn < C C < < < 0 Q) (U Q) w w Q) C) Qj w u u u u u u u u 0 U > < N 0, 0. 0 . 0. 0 0. 0 0 0 Qj ca X LU z 0 ui < "i m ryi E (D E M 0 < U 66 Exhibit A to r- N kD rh 00 m t.D to 0 9 0 -1 m - 0 00 N r, 00 01 , w M ' M N m6 4 6 o6 cn M(U 06 > :I* Lr) Ln LO Lr) Lf) Lr) Lf) Ln a V) + N + Ln Ln r, 00 0 00 C)) 0) @j"1 m r*"4 M co cn ll-� 1p (0� oq r� IP w 00 C3 N r1l N zt m U) r, 00 r OJ 00 m > �t U) U') Lf) LO Ln Ln U') Ln L > (u Ln W Ln 41 V) +1-1 V) +-j 0 m m 0) m (n LO m Ln m @j " N ro m q 1p rn 09 ri W 00 01 i O 1-1 m N 1* w nw r, CL > �t 1* v) to Ln vi Ln Ln Ul CL > ro w a w 0 q 41(n + +r-q ...................---------------- 4 o i6, SF, MU' 3 g-v 2 R El'-'16 q ON qp, mg �s 00 m rn o 00 0 rl Ln r H an d v 09 09 C? ro 0) in CL w r. c3i o6 0)* H aLn o6 It 1* Ict -zr Ln Ln Ln Ln V) r, rl d lD -4 M w lD m r, 00 Ln Oq 01 01 q N N N I: 1p Lm 1-1 q m -zt w 1.0 rh 0) 00 cn r-i CL lz3l lD I;t zT ct cT -zr Ul w m Ict 41 (n m 0 n w m Ln a w lo cn 1p n I-P n oq oq oq q q N "** m "0 Ln r, m :Zr m V) 0 00 r- r, 1-4 0) Ln cr o Ln m to � In 'ji I-q lzt Ui 1p to m oq Vi m 0 N -i N -zr M Cr lD CL 0 m 1:31 d �r �T d -zr zt v w m cr 1-1 Ln cr 0) 00 Ln r- 0 r- O H 1p U1 rl llr lz' N rq ll:' N NCL r00 0 m 0 (N q N 141' CL 0) Ol m m lzr m St zt N m 4� tA m m In m 00 00 m m r-I q rn U� oq rl� � 1p In ct oq OR w w 00 r- 00 0 0') 0 N r; r- CL m m m m m �r rn -�t CL N m aj cu V)41 N 40 OD c c w 00 m c m _j 0 c cu Q n > > CO < Qj c E CO < to V1 U m . 0 > w cu a) > > > co < C: C: C: ¢ < Q 0 Ln 11 "1 -1 "1 -1 "1 0 N u0 u u u u u u u u u eq > �F EF N 0, 0, 0 0, 0, 0 0 O 0 a) N 1 1 f 1 V) to X I- 0LD > w z Z 0 m V-i N rn r-4 Cq m :3 ui 41 r4 r4 N N NIvi (vi E < E 0 uj I U 67 Exhibit A APPENDIX B OFFICER INVOLVED SHOOTING For officer convenience, the Law Enforcement Use of Deadly Physical Force Response Plan adopted by the Marion County Use of Deadly Physical Force Planning Authority pursuant to Senate Bill 111, Oregon Laws 2007 is appended to this Agreement. Because of the existence of other remedies, the Association and the City agree that Appendix B shall not be subject to arbitration under the grievance procedure or serve as the basis for any other claim of a violation of this Agreement. Woodburn and Woodburn Police Assn. CBA Effective 2024-2026 68 APPENDIX C WPA Monthly Premium Exhibit A Health Insurance Cost by Coverage Level Janurary 1,2025 to December 31,2025 WPA Monthly Premium Health Insurance Cost by Coverage Level Employee Employee Employee Employee Employee January 1,2025-December 31,2025 Only +1 Child +Children +Spouse +Family Co pay E RX7+VSP+Willamette Dental Co pay E RX 7 $ 832.09 $ 1.551.38 $ 2,064.15 $ 1,773.01 $ 2,380.79 VSP A 12/12/24) $ 10.53 $ 12.85 $ 22.91 $ 14.71 $ 26.49 Willamette Dental A $ 58.68 $ 89.65 $ 156.40 $ 102.47 $ 180.40 Total Cost $ 901.30 $ 1,653.88 $ 2,243.46 $ 1,890.19 $ 2,587.68 Employee Cost $ 45.07 $ 82.69 $ 112.17 $ 94.51 $ 129.38 Cost to City $ 856.24 $ 1,571.19 $ 2,131.29 $ 1,795.68 $ 2,458.30 Co pay E RX7+VSP+CIS Dental 11 Delta Dental/ODS Copay E RX 7 $ 832.09 $ 1.551.38 $ 2,064.15 $ 1,773.01 $ 2,360.79 VSP A 12/12/24 $ 10.53 $ 12.85 $ 22.91 $ 14.71 $ 26.49 CIS Dental II(Delta Dental) $ 51.19 $ 77.97 $ 135.72 $ 89.11 $ 156.55 Total Cost $ 893.81 $ 1,642.20 $ 2,222.78 I$ 1,676.63 $ 2,563.83 Employee Cost $ 44.69 $ 82.11 $ 111.14 $ 93.84 $ 128.19 Cost to City $ 849.12 $ 1,560.09 $ 2,111.64 $ 1,782,99 $ 2,435.64 Co pay E RX7+VSP+Kaiser Dental Co pay E RX 7 $ 832.09 $ 1,551.38 $ 2,064.15 $ 1.773.01 $ 2,380.79 VSP A(12112/24) $ 10.53 $ 12.85 $ 22.91 $ 14.71 $ 26.49 Kaiser Dental 11 $ 67.23 $ 103.59 $ 195.25 $ 118.37 $ 225.17 Total Cost $ 909.85 $ 1.667.82 $ 2,282.31 $ 1,906.09 $ 2,632.45 Employee Cost $ 45.49 $ 83.39 $ 114.12 $ 95.30 $ 131.62 Cost to City $ 864.36 $ 1,584.431$ 2,168.19 $ 1,810.79 $ 2,500.63 Employee Employee Employee Employee Employee Only +1 Child +Children +Spouse +Family Kaiser Copa B+Kaiser Vision+Willamette Dental Kaiser Co pay B $ 887.55 $ 1.627.65 $ 2.195.31 $ 1,859.43 $ 2.531.06 Kalser Vision $ 6.76 $ 12.47 $ 16.81 $ 14.26 $ 19.39 Willamette Dental A $ 58.68 $ 89.65 $ 156.40 $ 102.47 $ 180.40 Total Cost $ 952.99 $ 1,729.77 $ 2,368.52 $ 1,976.16 $ 2,730.85 Employee Cost $ 47.65 $ 86.49 $ 118.43 $ 98.81 $ 136.54 Cost to City $ 905.34 1$ 1,643.28 $ 2,250.09 $ 1,877.35 $ 2,594.31 Kaiser Copa B+Kaiser Vision+ODS Delta Dental II Kaiser Copa B $ 887.55 $ 1.627.65 $ 2,195.31 $ 1,859.43 $ 2,531.06 Kaiser Vision $ 6.76 $ 12.47 $ 16.81 $ 14.26 $ 19.39 ODS Delta Dental 11 $ 51.19 $ 77.97 $ 135.72 $ 89.11 $ 156.55 Total Cost $ 945.50 $ 1.718.09 $ 2,347.84 I$ 1,962.80 $ 2,707.00 Employee Cost $ 47.28 $ 85.90 $ 117.39 $ 98.14 $ 135.35 Cost to City $ 898.23 $ 1,632.19 $ 2,230.45 $ 1,864.66 $ 2,571.65 Kaiser Co pay B+Kaiser Vision+Kaiser Dental Kaiser Co a B $ 887.55 $ 1,627.65 $ 2,195.31 $ 1,859.43 $ 2,531.06 Kaiser Vision $ 6.76 $ 12.47 $ 16.81 $ 14.26 $ 19.39 Kaiser Dental li $ 67.23 $ 103,59 $ 195.25 $ 118.37 $ 225.17 Total Cost $ 961.54 $ 1,743.71 $ 2,407.37 $ 1,992.06 $ 2,775.62 Employee Cost $ 48.08 $ 87.19 $ 120.37 $ 99.60 $ 138.78 Cost to City $ 913.46 1$ 1,656.52 1$ 2,287.00 $ 1,892.46 $ 2,636.84 69 APPENDIX C WPA Monthly Premium Health Insurance Cost by Coverage Level Exhibit A Janurary 1,2025 to December 31,2025 WPA Monthly Premium-75%FTE Health Insurance Cost by Coverage Level Employee Employee Employee Employee Employee January 1,2025-December 31,2025 Only +1 Child +Children +Spouse +Family Co pay E RX7+VSP+Willamette Dental Co pay E RX 7 $ 832.09 $ 1.551.38 $ 2,064.15 $ 1,773,01 $ 2,380.79 VSP A 12112/24 $ 10.53 $ 12.85 $ 22.91 $ 14.71 $ 26.49 Willamette Dental A $ 58.68 $ 89.65 $ 156.40 $ 102.47 $ 180.40 Total Cost $ 901.30 $ 1.653.88 $ 2,243.46 $ 1,890.19 $ 2,587.68 Employee Cost 5%+25%of employer $ 259.12 $ 475A9 $ 644.99 $ 54143 $ 743.96 Cost toa $ 684.42 $ 1,178.39 $ 1,603.35 $ 1,347.76 $ 1,887.34 Co pay E RX7+VSP+CIS Dental 11 Delta Dental/ODS Copay E RX 7 $ 832.09 $ 1,551.38 $ 2,064.15 $ 1,773.01 $ 2,380.79 VSP A 12/12/24 $ 10.53 $ 12.85 $ 22.91 $ 14.71 $ 26.49 CIS Dental 11 Delta Dental $ 51.19 $ 77.97 $ 135.72 $ 89.11 $ 156.55 Total Cost $ 893.81 $ 1,642.20 $ 2,222.76 $ 1,676.83 $ 2,563.83 Employee Cost 5%+25%ofemployer $ 25697 $ 472,13 $ 639,05 $ 539.59 $ 737,10 Cost toClty $ 636.84 $ 1,170.07 $ 1,583.73 $ 1.337.24 $ 1,826.73 Co pay E RX7+VSP+Kaiser Dental Co pay E RX 7 $ 832.09 $ 1,551.38 $ 2,064.15 $ 1.773.01 $ 2,380.79 VSP A 12/12/24 $ 10.53 $ 12.85 $ 22.91 $ 14.71 $ 26.49 Kaiser Dental II $ 67.23 $ 103.59 $ 195.25 $ 118.37 $ 225.17 Total Cost $ 909.85 $ 1,667.82 $ 2,282.31 $ 1,906.09 $ 2,632.45 Employee Cost 5%1-25%of employer $ 261.58 $ 479.50 $ 656.16 $ 548.00 $ 756.83 Cost to City $ 648.27 $ 1,188.32 $ 1,626.15 $ 1,358.09 $ 1,875.62 Employee Employee Employee Employee Employee Only +1 Child +Children +Spouse +Famil Kaiser Co pay B+Kaiser Vision+Willamette Dental Kaiser Co a B $ 887.55 $ 1.627.65 $ 2,195.31 $ 1,859.43 $ 2,531.06 Kaiser Vision $ 6.76 $ 12.47 $ 16.81 $ 14.26 $ 19.39 Willamette Dental A $ 58.68 $ 89.65 $ 156.40 $ 102.47 $ 180.40 Total Cost $ 952.99 $ 1,729.77 $ 2,368.52 $ 1,976.16 1$ 2,730.85 Employee Cost 5%+25%of employer $ 273.98 5 49731 $ 680.95. $ 568.15 $ 785.12 Costtoaty $ 679.01 $ 1,232.46 $ 1,687.57 $ 1,408.01 $ 1,945.73 Kaiser Co pay B+Kaiser Vision+ODS Delta Dental II Kaiser Co pay B $ 887,55 $ 1,627.65 $ 2,195.31 $ 1,859.43 $ 2,531.06 Kaiser Vision $ 6.76 $ 12.47 $ 16.81 $ 14.26 $ 19.39 ODS Delta Dental 11 $ 51.19 $ 77.97 $ 135.72 $ 89.11 $ 156.55 Total Cost $ 945.50 $ 1,716.09 $ 2,347.84 $ 1,962.80 $ 2,707.00 Employee Cost 5%+25%of employer $ 271.83 $ 493.95 $ 675.00 $ 564,31 $ 778.26 Cost to City $ 673.67 $ 1,224.14 $ 1,672.84 $ 1.398.49 $ 1,928.74 Kaiser Co pay B+Kaiser Vision+Kaiser Dental Kaiser Co a B $ 887.55 $ 1,627.65 $ 2,195.31 $ 1,659.43 $ 2,531.06 Kaiser Vision $ 6.76 $ 12.47 $ 16.81 $ 14.26 $ 19.39 Kaiser Dental 11 $ 67.23 $ 103.59 $ 195.25 $ 118.37 $ 225.17 Total Cost $ 961.54 $ 1,743.71 $ 2,407.37 $ 1,992.06 $ 2,775.62 Employee Cost 5%+25%of employer $ 276.44 $ 501.32 $ 692,12 $ 572.72 $ 797.99 Cost to City $ 685.10 $ 1,242.39 $ 1,715.25 $ 1,419.34 $ 1,977.63 70 Ig .,49w& WWODBURN Inc orpornreA 1889 October 14, 2024 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Kathleen McClaskey, Transit Manager SUBJECT: Award of Contract for Transit Vehicle Purchase RECOMMENDATION: Authorize the City Administrator to purchase a 2024 Toyota Sienna Hybrid modified minivan from Northwest Bus Sales for $84,939 pursuant to the ODOT/ Washington contract vehicle procurement program. BACKGROUND: Out-of-Town Medical Transportation (OTMT) trips have risen over the past year. In consideration of an increased number of trips, the City's Transit Division identified a need to replace a fleet vehicle often used in the OTMT Program. The City's thirteen-year-old Dodge Caravan is the oldest modified minivan in the City's Transit fleet and has 92,000 miles. This exceeds the Oregon Department of Transportation's (ODOT) useful life standard of four years. In recent years, this minivan has had costly repairs, contributing to its need for replacement. DISCUSSION: Staff completed an ODOT/ Washington approved vehicle procurement process for the minivan, and it was determined that the Toyota Sienna minivan was the best vehicle for the Transit Division's OTMT needs. It is available from Northwest Bus Sales. The current minivan has seating for 2 passengers, and 2 ADA mobility station. The Toyota Sienna minivan has seating for 3 seated passengers and 2 ADA mobility stations, a reinforced heavy-duty side entry manual ramp and latch, enhanced ADA lighting package, and a fuel type Gasoline/Hybrid. The Toyota Sienna Minivan will have a useful life of at least 4 years, or 100,000 miles. Additional cabin space will make out-of-town trips more comfortable for passengers. A side entry lift will make it safer to load and disembark passengers, as opposed to the rear lift in the current minivan. This new vehicle will also contribute to reliable transportation services and help minimize repair costs. Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x_ 71 Honorable Mayor and City Council October 14, 2024 Page 2 FINANCIAL IMPACT: The purchase price for the Toyota Sienna minivan will not exceed $84,939. Vehicle expenditures will also include vehicle graphics estimated at $3,500 or less. The City will use O DOT-ad ministered Statewide Transportation Improvement Formula (STIF) funds for the purchase. Vehicle production and delivery is scheduled for December 2024. This vehicle is included in the Transit Fund's FY 24-25 budget. Attachments -Northwest Bus Sales' Response to Request for Transit Vehicle Price Quote (RFQ) -Toyota Sienna Minivan Floor Plan 72 Northwest Bus Sales, Inc 33207 Pacific Highway South Federal Way,WA 98003 Phone(253)841-9997 Fax(253)845-9384 www.nwbus.com September 6, 2024 To: Kathleen McClaskey Woodburn Transit From: Rob Goolsby—Northwest Bus Sales Re: New Bus Quote Hi Kathleen, Thank you for the opportunity to participate in your RFQ for(2)ADA minivans. Northwest Bus Sales aims to be the most competitively priced provider of quality buses and vans, but where we really shine is in our support- both during and a ter the sale. Attached you will find our response to your RFQ. We appreciate your business and look forward to working with you on this purchase. If you have any questions regarding this quote, please do not hesitate to call me on my cell at 206-445-8591. Best Regards, Rob Goolsby Northwest Bus Sales 212 v�La1u .c:e2...........rrn . vwrnrw nwb�us.corrn ............................................................................................................ 73 REQUEST FOR TRANSIT VEHICLE PRICE QUOTE (RFQ) This is (check appropriate): ® Initial Request for Quote (from Requesting Agency to Vendors) Due Date: September 6, 2024 Response to RFQ (from RespondingVendor back to Requesting Agency) Z Ouiroun't III:'uurmded II CIuuirellhase Ouiourmt quieeurneurmt III uurnlll eui S III III 'ouirur'nUla VENDOR (Business Name): Northwest Bus Sales, Inc. Vendor Contact Person: Rob Goolsby Phone: 206-445-8591 Email Address: rob n bus.co Alt Phone: 253-841-9997 ❑ Meets Buy America Standards (49 USC § 5323(j); 49 CFR part 661) REQUESTING AGENCY INFORMATION Agency: Woodburn Transit Date: August 21, 2024 Contact Person: Kathleen McClaskey Phone: (503) 982-5245 Email: Kathleen. McClaskey@ci.woodburn.or.us Fax: (503) 981-7206 Agency Address: 270 Montgomery St. Woodburn, OR 97071 Kimberly Stanchfield from Knowledge In Mobility will be assisting with this purchase process. Send all questions, correspondence, RFQ submittals to both Kimberly at Kimberiy@KnowledgeinMobility.com and Kathleen McClaskey as listed above. The above Agency, through its Public Transit program or public transit affiliate, is requesting price quotes from Oregon State Price Agreement Contract Vendors for the purchase of the following vehicle(s): From: Oregon State Price Agreement aind Washington State Cooperative Purchasing Schedule Contract NOTE: Funding does NOT require Buy America compliance. No. of Vehicles Required: 1 PTD Vehicle Category (Check): (Please see PTD Vehicle Descriptions and Useful Life Standards) ❑ Cat A ❑ Cat B ❑ Cat C ❑ Cat D ® Cat E3 (select from 1 to 3) Length (can be range) <20' Regular Seats: 3-5 ADA Stations/Tiedowns: 2 Fuel Type: ® Gasoline ❑ Diesel ❑ Bio-fuel ❑ Hybrid ❑ CNG ❑ Propane ❑ Electric ❑ High Floor ® Low Floor Other Comment: 74 The general specification for vehicle is as follows: A. VENDOR'S VEHICLE BASE PRICE INFORMATION VEHICLE BASE PRICE This Section to be completed by Vendor Enter base price from State Vehicle Make/Model: VMl Toyota Sienna Hybrid Price Agreement below Length: 17' Fuel Type: Gasoline Hybrid Floor: E] High Floor E Low Floor Other: $82,235 No. of Regular Passenger Seats: 3+ Driver No. of ADA Stations w/Tiedowns Desired: 2 Other Special Note: B. VEHICLE REQUIRED SPECIFICATIONS Requesting Agency completes Description column Vendor completes "Vendor Response"columns VENDOR RESPONSE Requesting Agency's Vendor Suggestions Required Specifications Description (related to vehicle specs) 1. Altoona Test Executive Summary Not Applicable 2. At the end of the RFQ are 3 required certification attachments for vehicles being purchased off the Not Applicable Oregon Price Agreement. Failure to include will render your response non-responsive. 3. All standard specs per OR or WA State Price Agreement. Include a list of vendor provided Attached standard specs with RFQ response including all chassis specs. 4. Side Entry Minivan with Power Ramp and Kneeling Side entry minivan, manual ramp 5. V-6 gasoline engine, 6-speed automatic Gasoline Hybrid w/ Continuously Variable Trans. transmission, orequivalent 6. External color standard white Standard 7. Tires - radial, black sidewall , with full-size mounted Spare tire shipped loose, Included in final price. spare 8. Cruise control, tilt steering, power windows, power Standard door locks 9. Front & rear AC, defrost and heat Standard, OEM 75 10. Two (2)ADA forward facing wheelchair securement Included in final price positions 11. Two (2) sets of QRT Deluxe or equivalent wheelchair Included in final price securements with mounted storage pouch or box 12. Altro grey flooring, or equivalent Standard 13. ADA Wheelchair ramp on right side of vehicle that Manual ramp, standard can be Power operated from the driver seat. 14. ADA Interlock Not available 15. Rear ambulatory 2 or more passenger bench seat Rear 3 passenger bench, OEM covering with PPE vinyl 16. FAK, Fire Ext, and BBP Kit mounted Included in final price 17. Triangle Reflector Kit—Secured to the floor Included in final price 18. Seat Belt Cutter—Mounted within reach of driver Included in final price 19. Back-up camera, screen in dash Standard 20. Pre-wire for 2 way radio—wires to terminate to right Included in final price of do house 21. Woodburn Transit graphics or wrap, agency approval prior to installing. Sample �Y'U}N Included in final price. Agency must provide , o useable image files. ,.. �o mu rv^r,e , frPU t 00 22. Safety Vision (or equivalent) security camera system with 3 cameras. Include backup view monitor for the SafeDrive 3-camera system, Included in final rear facing camera. Purchased & installed to match price. OEM backup camera displays in dash. existing fleet 23. Estimated delivery (mm/yy) Mid Q4 2024 Subtotal t of Required Options: $17684 Total Vehicle ith All Required ti919 $839 EstimatedisPrivilege ibilling to agency) — ® ADA ModificationsrNWB does not collect x exempt from tax Total Vehicle iRequired $83919 Options t 9 76 C. VEHICLE PREFERRED OPTIONS Included in Requesting Agency's Preferred Options Description Base Price? YES/NO Note: 1 provided at delivery,2n,1 provided approximately three 1. Spare FOBS/ Keys NO $390/ea months later. Additional key, if ordered will be delivered with vehicle. 2. Additional Set of QRT MAX belts NO $520 Q8301 3. COVID Barrier (provide photos of barrier being NO Not Available offered for consideration) Subtotal Cost of Preferred Options: $1,020 V -idor's Signature: Date Sent: er 6_ZI? Vendor's Response Back to RP Q- Please sign and date your response here. Sample Floor plan (Attach or cut-and-paste new plan here, or attach on back) VENDOR INFORMATION Vendors are strongly encouraged to submit price quotes using the format provided. Vendors should specifically note if and how they meet the above specifications, and note any differences in what has been called out above, in their price quotes. This may be done on the form, or on an attached sheet. The vehicle(s) will be purchased with funding from the Oregon Department of Transportation, Public Transit Division and the Requesting Agency, and will follow applicable Federal and State procurement guidelines. Price Quote shall be submitted to the Requesting Agency contact person named on the first page on this form. Price Quotes may be sent by U.S. Mail, emailed, or faxed to the addresses for Requesting Agency noted on page I of this form. Vendors are required to submit the following certification attachments with each Quote response: Attachment I —Certificate of Compliance with Bus Testing Requirement Attachment 2— Pre-Award FMVSS and Buy America Certification Attachment 3—Transit Vehicle Manufacturer(TVM) Certification (DBE) VEHICLE SELECTION INFORMATION Selection of the vehicle and successful price quote will be based on: 0 Lowest Cost With Required Specifications (Lifecycle costs may be considered in price determination and may affect lowest bid determination) F-1 Best Value Determination (ODOT PTD pre-approval required.) The Best Value Determination criteria are as follows: 77 Attachment 1 BUS TESTING CERTIFICATION The undersigned bidder[Contractor/Manufacturer] certifies that the vehicle model or vehicle models offered in this bid submission complies with 49 CFR Part 665. A copy of the test report(for each bid ITEM)prepared by the Federal Transit Administration's (FTA)Altoona, Pennsylvania Bus Testing Center is attached to this certification and is a true and correct copy of the test report as prepared by the facility. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S. Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Not Applicable Name of Bidder/Company Name Type or print name Signature of authorized representative Signature of notary and SEAL Date of Signature RFQ Updated 11/15 Page 1 of 7 78 Attachment 2 PRE-AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK(VENDOR) PRE-AWARD AUDIT REQUIREMENTS A recipient purchasing revenue service rolling stock with FTA funds must ensure that a pre-award audit under this part is complete before the recipient enters into a formal contract for the purchase of such rolling stock. DESCRIPTION OF PRE-AWARD AUDIT A pre-award audit under this part includes— (a) A Buy America certification; (b) A purchaser's requirements certification; and (c) Where appropriate, a manufacturer's Federal Motor Vehicle Safety certification information. PRE-AWARD BUY AMERICA CERTIFICATION For purposes of this part, a pre-award Buy America certification is a certification that the recipient keeps on file that: a. There is a letter from FTA which grants a waiver to the rolling stock to be purchased from the Buy America requirements under section 165(b)(1), (b)(2), or(b)(4)of the Surface Transportation Assistance Act of 1982, as amended; or b. The recipient is satisfied that the rolling stock to be purchased meets the requirements of section 165(a) or (b)(3) of the Surface Transportation Assistance Act of 1982, as amended, after having reviewed itself or through an audit prepared by someone other than the manufacturer or its agent documentation provided by the manufacturer which lists: 1. The Component and subcomponent parts of the rolling stock that are produced in the United States is more than 60% for FY2016 and 2017, more than 65%for FY2018 and 2019, more than 70%for FY2020 of the cost of all components and subcomponents of the vehicle identified by the manufacturer; and 2. The location of the final assembly must take place in the United States (49 CFR 661.11), including a description of the activities that will take place at the final assembly point and the cost of final assembly. PRE-AWARD PURCHASERS REQUIREMENTS CERTIFICATION For purposes of this part, a pre-award purchaser's requirements certification is a certification a recipient keeps on file that: a. The rolling stock the recipient is contracting for is the same product described in the purchaser's solicitation specification; and b. The proposed manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the recipient's specification set forth in the recipient's solicitation. If buses or other rolling stock (including train control, communication, and traction power equipment) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder in accordance with the requirements in 49 CFR 661.13(b). PRE-AWARD FMVSS COMPLIANCE CERTIFICATION As required by Title 49 of the CFR, Part 663—Subpart D,the recipient certifies that it received, at the pre-award stage, a copy of the manufacturers self-certification information stating that the buses will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Part 571. Bidder or offeror Certificate of: COMPLIANCE with Buy America and FMVSS Rollinq Stock Requirements As required by 49 CFR Part 663, the bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230), and the applicable regulations of 49 CFR 661.11. Company Name Title Signature Date Bidder or offeror Certificate of: NON-COMPLIANCE with Buy America and FMVSS Rollinq Stock Requirements As required by 49 CFR Part 663, the bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but may qualify for an exception to the requirement consistent with 49 U.S.C. 53230)(2), as amended, and the applicable regulations in 49 CFR 661.7. Company Name Title Signature Date Not Applicable RFQ Updated 11/15 Page 2 of 7 79 Attachment 3 TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION Pursuant to the provisions of Section 105(f)of the Surface Transportation Assistance Act of 1982, each bidder for this contract must certify that it has complied with the requirements of 49 CFR Part 26.49, regarding the participation of Disadvantaged Business Enterprises (DBE)in FTA assisted procurements of transit vehicles. Absent this certification, properly completed and signed, a bid shall be deemed non-responsive. Certification: I hereby certify,for the bidder named below,that it has complied with the provisions of 49 CFR Part 26.49 and that I am duly authorized by said bidder to make this certification. Name of Bidder/Company Name Type or print Signature of Authorized Representative Date —L1 Signature of notary and SEAL Not Applicable RFQ Updated 11/15 Page 3 of 7 80 0001,7 11D 11111 11111 11D ..: Jim WA 07621 Base 11Iii ulu iui ui uii ii�i�i uiii ii ii �ii Dui i i0i i�i ui uI ii iiii"i uii'li uii uiii i ui uI �i ui i imagine posiibi f iities Dealer: 4986 Northwest Bus Sales, Inc. Ship To: Northwest Bus Sales, Inc. Northwest Bus Sales, Inc. Northwest Bus Sales, Inc. 33207 Pacific Hwy South 33207 Pacific Hwy South Federal Way, WA 98003 Federal Way, WA 98003 Phone: (253) 841-9997 A/R#: N0034 Fax: VIN: Model: Sienna Trim: LE Year: 2023 Exterior: WHITE Interior: GRAPHITE/GRAY Arrival: 04/06/23 Mileage: 1 Order Items T21009 2023 Toyota Sienna Hybrid Commercial ADA Side In-Floor Northstar E Van Conversion Toyota ADA INS Dual Mid Row Seat Add on set of(4) QRT Max retractable L-track tie downs, model 8301 Programs/Fees Freight charges to deliver to Dealer Discounts Conversion Discount Printed: Fri Apr 07 13:11:54 GMT 2023 81 Page 1 of 1 3 m N ry O UO ry So E ~=N JmQ mN 8�= 2�QX a,F,nz N 8 o> o� oin Eoo ~O N - OWm 9Za 00 = Viz— —_ Fo p o o G OC N E N M V/ W � ue J f V W W 1 i < z W 0 f z 00 Z W W Q rya z E v~i z ag m O m (7 !AP m Q du ,d c 0 ti l7 n 9 WO NL z N E= N VNI -n _ i5 V W d-v W U u 04 ODa v o v n O ao � yfu` a o0 a p W W LL C J 59 f N LL LL W Q W Z > E Z U NWT � �� °0 iv0• 3vi oa Ot2 ONO. c < wLLVo o`�moo0a �m vOo E �anm , M^ r.,. q W o o�?o vW v v va o 3�.0 O LNO, v o7t E oM •y J 2UOl{d'jA2Uls �wvOc�3'n,.�c°wu F •35, �a'n000'v^3.30+ s °%��, - a < yQQy Z'^Auti'"•'"vTia ovv v �oav �`�oM��vu-o.OE �v y111 `m m N a a VXcU vO�'�v°vcQ cavooY'v`vyv .i -avTiO ` 3ccEmN o� aE _ E u v u_ `o F w ZUEcLc inv vuc,��av v yoY ovin'rn�yfnoi��3a''y �o ,,, _ O m n z S�voSuoa��U-ovc c �=a`p�y�vx�vUEE. 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Standard Features go - OR - go 1000 1 b ramp capacity Warranties 3 year/36,000 mile conversion 7 year structural(from rust-through corrosion) Vehicle Specifications Door opening Height(slidiog Dasseoged 561" 111111111111111�6')........................................................... Door Opening Width 293' III illu Ramp mp Len gth(aog led rarn ID a iid tra ositioo plate) IIV III Ramp Width(usable) 30" RampAngle ill ........................................................................................................................................................................................... Ramp Capacity 1000 lips Floor Length Overall 86" Floor Length Behind Front Seats 56" Floor Width at Mid-Row(oo rnid-row seat) 99,75" Interior Height at Center Position 58,51, Interior H e i g ht a t Front Position(w/s u i i r o of) 98 7 5 Ground Clearance(exhaust) 5,6" ............... ............... ............... Overall Vehicle Height(with roof rails) 77,75" ............... ............... ............................................................................................... 100%Crash Tested MQAP Certified Meets or exceeds all Federal Fully meets compliance requirement Motor Vehicle Safety Standards standards instituted bythe National governed by N HTSA y Mobility Equipment Dealers Association (National Highway Traffic Safety/droinistration). for manufacturer quality assurance. CTUeER ............... 'ffip k)yotaNybod up to6pa,,,,Pnger,,&7d 41d1rPqwrP a thpoptmnaldualnvd row,,pat ffip up to Iipa,,sPnger,,&7dv1d1 environnsenta/factors.7opnvjrehest1ohirlefit,plea,,povtiaiithyourloraldealertorrmfirns/ehirle Allinfommtionisvibjoatorhan,geivlahoutnotire V 1 0122 commercial division 844-VM 1-4ADA - vrnMADA.com 5202 S 28' Place Phoenix,AZ 85040 84