SIDE LETTER OF AGREEMENT BETWEEN

VALLEJO FLOOD & WASTEWATER DISTRICT &

VFWD MANAGEMENT ASSOCIATION

Pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"), this Side Letter of Agreement

("Side Letter Agreement") is entered between the Vallejo Flood & Wastewater District (the "District") and

VFWD Management Association (collectively, the "Parties"). This Side Letter Agreement is made for the

purpose of addressing the findings and recommendations issued by the CalPERS Office of Audit Services

("OFAS") on March 5, 2020 regarding Temporary Upgrade Pay ("TUP"). Specifically, the OFAS provided

that the District's written labor policy or agreement must specify when an employee is eligible for TUP

and the amount of compensation to be received.

The District and members of the Management Association have met and conferred in good faith, in

accordance with the MMBA, concerning the terms and conditions of this Side Letter Agreement. The

specific provisions contained in this Side Letter Agreement are intended to supersede any previous

agreements, whether oral or written, regarding matters contained in this Agreement. Further, except as

provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by

Management Association in the existing Memorandum of Understanding ("MOU") shall remain in full

force and effect.

Effective July 1, 2020, the Parties mutually agree to add a new section in the MOU and shall read as

follows: (** added section)

3.00 - Wages & Salaries

3.01 - Adjustment in Salaries

3.02 - Certification/License Fees

3.03 - Working in a Higher Classification **

An employee may be specifically reassigned by a Department Head or the duly authorized representative

of the Department Head to perform the duties of a higher classification in a temporary upgrade or acting

appointment. The decision to make or not make a temporary upgrade or acting appointment is a District

management right and not subject to the Union consensus or approval.

A. Temporary Upgrade Assignment

Criteria:

1. An employee may be assigned to a TU on a temporary basis due to a planned absence

including vacation, termination, sick leave, leave of absence or other vacancy.

2. Temporary Upgrade assignments shall be in writing on an approval form indicating the

name of the employee, the regular classification of the employee, the higher classification

to which the employee is assigned on a temporary basis, and the term of the

assignment. The approval form must be signed by the Department Head or duly

authorized representative of the Department Head and approved by the District Manager

or his/her designee before becoming effective.

3. No cascading effect shall be allowed except in instances deemed necessary by the District

Manager or Director of Human Resources. Cascading effect means when a TU creates

multiple vacancies in the lower classifications over the same period.

Eligibility: To be reassigned to a Temporary Upgrade Assignment, all of the following

conditions must be met:

1. The employee must possess the minimum qualifications or the requisite knowledge,

skills and abilities to perform the work of the higher classification.

2. The duties of the higher classification are outside of the scope of the employee's

current classification as determined by the Department Head or duly authorized

representative of the Department Head.

3. The employee must perform all of the duties and assume all the responsibilities of the

higher classification.

4. The term of the Temporary Upgrade Assignment shall be at least five (5) consecutive

work days, but no longer than sixty (60) consecutive calendar days, unless the District

is in the process of selecting a person to fill the position. In this instance the term can

be extended for a maximum of ten (10) calendar days or seventy (70) calendar days

total for the temporary assignment.

5. Non-permanent employees (e.g. probationary, part-time, seasonal) shall not be

assigned a Temporary Upgrade Assignment unless specifically authorized by the

District Manager or his/her designee.

Compensation:

1. An employee working on a Temporary Upgrade Assignment shall be paid at either ten

percent (10%) above the employee's current base rate or the first step of the

classification the employee upgraded into, whichever is less for each day the

employee is so assigned in the higher classification.

2. The Temporary Upgrade Pay shall commence on the first date of the Temporary

Upgrade Assignment, as stipulated on the approval form.

B. Acting Appointments

Criteria:

1. An employee may be appointed to an acting vacant position if the vacancy will be at

least sixty (60) calendar days or more, or in the event an incumbent is expected to be on

a leave status for a period in excess of sixty (60) calendar days. Upon return of the

incumbent from leave, the acting appointment shall be immediately terminated, and

the acting appointee shall resume the duties and receive compensation and privileges as

if he/she had continued his/her duties in his/her previous classification or position.

I. Eligibility: To be appointed to an acting position, all of the following conditions must be met:

1. The employee must possess the minimum qualifications or the requisite knowledge, skills

and abilities to perform the work of the higher classification.

2. The duties of the higher classification are outside of the scope of the employee's current

classification as determined by the Department Head or duly authorized representative

of the Department Head.

3. The employee must perform all of the duties and assume all the responsibilities of the

higher classification.

4. The term of the acting appointment shall not have a limited time period.

5. Acting appointments of a retired annuitant shall not exceed nine hundred sixty (960)

hours in a fiscal year.

II. Compensation:

1. An employee working in an Acting Appointment shall be paid at the first step of the higher

classification for each day the employee is assigned to act in the higher classification.

2. The Acting Appointment compensation shall commence on the first date of the Acting

Assignment, as stipulated on the approval form.

Meliss Morton, District Mana er

MJ Brown

Johnson aelatior

Justin K

FOR THE MEMBERS OF MANAGEMNT SSOCIATION:

mstration

Date:

n Resources

Jennifer H rrington, Direct nvironmental Services

Direc

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1yctor of fety & Risk Management da

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Angel Medina, Field Operations Superintendent

onmental Services Superintendent •

Approved and Accepted:

Mark To ko, Director of Engineering

din/

Jeffe ke , Director of Finance/Treasurer

Kyle B oughton, Engineering Supervisor

Frank Silveira, Facilities Maintenance Superintendent