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HomeMy WebLinkAboutC-2058(A) - MOU's - Association of Newport Beach Ocean Lifeguards (ANBOL)SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This Side Letter of Agreement ("Agreement") is made and entered into by and between the City of Newport Beach ("City") and the Association of Newport Beach Ocean Lifeguards ("ANBOL") (collectively "Parties") with respect to the following: WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-57 approving a Memorandum of Understanding ("MOU") between the Parties with a term of September 13, 2022, through June 30, 2025; WHEREAS, to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; WHEREAS, on A a r'c,� e Association; and 2023, this Agreement was ratified by the WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: Section 2, Compensation, Salary Adjustments, of the MOU is amended to add a Subsection A.S, which shall read as follows: 5. Effective the pay period which includes July 1, 2023, the City will add a new top step ("New Top Step") to the salary schedule for all represented positions, which shall be five percent (5%) more than the current top step ("Current Top Step"). The Parties acknowledge and agree that the first step for all represented positions currently in effect is not being eliminated. With the following exception, step advancement through the salary ranges is unaffected by the addition of the New Top Step: Employees who have been at the Current Top Step for longer than 12 months as of June 30, 2023, will advance to the New Top Step in the pay period which includes July 1, 2023. 2. Exhibit "A" of the MOU is replaced in its entirety with Exhibit A to this Agreement, which is attached hereto and incorporated herein by this reference. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page ANBOL Side Letter Agreement — July 2023 Executed thi6 I L day of e\P i2 1L , 2023. FOR THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS: Dan Moq�1y, Presi t CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: C Aaron C. Harp, City Attorney ATTEST: By: , Leilam Bro�vA, City Clerk U ?" �14f 4. JRN� Attachment: Exhibit A — Salary Schedule ANBOL Side Letter Agreement — July 2023 EXHIBIT J: Side Letter of Agreement Between the City and ANBOL The City of Newport Beach Association of Newport Beach Ocean Lifeguards Salary Schedule Adjustment MOU Term: September 13, 2022 - June 30, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Lifeguard I P/T 05B 1 $ 19.06 $ 3,304 $ 39,644 Lifeguard I P/T 05B 2 $ 20.02 $ 3,469 $ 41,633 Lifeguard I P/T 05B 3 $ 21.02 $ 3,644 $ 43,731 Lifeguard I P/T 05B 4 $ 22.08 $ 3,826 $ 45,917 Lifeguard I P/T 05B 5 $ 23.18 $ 4,018 $ 48,212 Lifeguard 11 P/T 25 1 $ 23.18 $ 4,018 $ 48,211 Lifeguard II P/T 25 2 $ 24.33 $ 4,218 $ 50,615 Lifeguard II P/T 25 3 $ 25.55 $ 4,429 $ 53,151 Lifeguard II P/T 25 4 $ 26.83 $ 4,651 $ 55,808 Lifeguard II P/T 25 5 $ 28.17 $ 4,883 $ 58,598 Lifeguard III P/T 35 1 $ 23.18 $ 4,018 $ 48,211 Lifeguard III P/T 35 2 $ 24.33 $ 4,218 $ 50,615 Lifeguard III P/T 35 3 $ 25.55 $ 4,429 $ 53,151 Lifeguard III P/T 35 4 $ 26.83 $ 4,651 $ 55,808 Lifeguard III P/T 35 5 $ 28.17 $ 4,883 $ 58,598 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. EXHIBIT J: Side Letter of Agreement Between the City and ANBOL The City of Newport Beach Association of Newport Beach Ocean Lifeguards Salary Schedule Adjustment MOU Term: September 13, 2022 - June 30, 2025 (Exhibit A) Effective July 15, 2023 - 3% Cost -of -Living Adjustment (COLA) Lifeguard I P/T 05B 1 $ 19.63 $ 3,403 $ 40,834 Lifeguard I P/T 05B 2 $ 20.62 $ 3,574 $ 42,882 Lifeguard I P/T 05B 3 $ 21.66 $ 3,754 $ 45,043 Lifeguard I P/T 05B 4 $ 22.74 $ 3,941 $ 47,294 Lifeguard I P/T 05B 5 $ 23.87 $ 4,138 $ 49,659 Lifeguard 11 P/T 25 1 $ 23.87 $ 4,138 $ 49,658 Lifeguard II P/T 25 2 $ 25.06 $ 4,344 $ 52,134 Lifeguard II P/T 25 3 $ 26.32 $ 4,562 $ 54,745 Lifeguard II P/T 25 4 $ 27.64 $ 4,790 $ 57,482 Lifeguard II P/T 25 5 $ 29.02 $ 5,030 $ 60,356 Lifeguard III P/T 35 1 $ 23.87 $ 4,138 $ 49,658 Lifeguard III P/T 35 2 $ 25.06 $ 4,344 $ 52,134 Lifeguard III P/T 35 3 $ 26.32 $ 4,562 $ 54,745 Lifeguard III P/T 35 4 $ 27.64 $ 4,790 $ 57,482 Lifeguard III P/T 35 5 $ 29.02 $ 5,030 $ 60,356 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. EXHIBITJ: Side Letter of Agreement Between the City and ANBOL The City of Newport Beach Association of Newport Beach Ocean Lifeguards Salary Schedule Adjustment MOU Term: September 13, 2022 - June 30, 2025 (Exhibit A) Effective July 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Lifeguard I P/T 05B 1 $ 20.22 $ 3,505 $ 42,059 Lifeguard I P/T 05B 2 $ 21.23 $ 3,681 $ 44,169 Lifeguard I P/T 05B 3 $ 22.30 $ 3,866 $ 46,394 Lifeguard I P/T 05B 4 $ 23.42 $ 4,059 $ 48,713 Lifeguard I P/T 05B 5 $ 24.59 $ 4,262 $ 51,149 Lifeguard II P/T 25 1 $ 24.59 $ 4,262 $ 51,147 Lifeguard 11 P/T 25 2 $ 25.82 $ 4,475 $ 53,698 Lifeguard 11 P/T 25 3 $ 27.11 $ 4,699 $ 56,387 Lifeguard II P/T 25 4 $ 28.46 $ 4,934 $ 59,207 Lifeguard II P/T 25 5 $ 29.89 $ 5,181 $ 62,167 Lifeguard III P/T 35 1 $ 24.59 $ 4,262 $ 51,147 Lifeguard III P/T 35 2 $ 25.82 $ 4,475 $ 53,698 Lifeguard III P/T 35 3 $ 27.11 $ 4,699 $ 56,387 Lifeguard III P/T 35 4 $ 28.46 $ 4,934 $ 59,207 Lifeguard III P/T 35 5 $ 29.89 $ 5,181 $ 62,167 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This Side Letter of Agreement ("Agreement") is made and entered into this 29 day of W 0 V trVa L t:L 2022, by and between the City of Newport Beach ("City") and the Association of Newport Beach Ocean Lifeguards ("ANBOL") (collectively "Parties") with respect to the following: WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-57 approving a Memorandum of Understanding ("MOU") between the Parties with a term of September 13, 2022, through June 30, 2025; WHEREAS, given increases in the cost of medical insurance and to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affected bargaining unit and approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. The following language in Section 4.H.2 Fringe Benefits, Retirement Benefit, California Public Employees' Retirement System (Ca1PERS), of the MOU is amended to read as follows: 2. California Public Employees' Retirement System (Ca1PERS) It is the employees' responsibility to notify the Human Resources Department of outside employment. If the City is notified by CaIPERS that an ANBOL member has become a Ca1PERS member through working at another Ca1PERS agency, said employee is responsible for reimbursing the City their portion of cost sharing as required by all members and outlined below, pursuant to Government Code §20516(f). Ca1PERS will invoice their member for the employee rate only. For example, a PEPRA member may receive an invoice from PERS for 11.5% of pensionable compensation; however, the ANBOL member will still need to reimburse the City 2.1% of pensionable compensation for a total of 13.6%. The City will remind employees of this obligation at the start of the season. The following provisions apply only to bargaining unit members enrolled in Ca1PERS as Safety members, consistent with the City's contract with Ca1PERS: ANBOL Side Letter Agreement Page 1 of 4 Tier I: For employees hired by the City as safety members on or before November 23, 2012, the retirement formula shall be 3% @ 50 calculated on the basis of the highest consecutive 12 months. Tier II: For employees first hired by the City as safety members between November 24, 2012 and December 31, 2012, or hired on or after January 1, 2013 and who are not new members as defined in Government Code Section 7522.04(0, the retirement formula is 2% @ 50 calculated on the basis of the highest 36 month period selected by employee. Tier III: For employees first hired by the City as safety members on or after January 1, 2013, who are new members, as defined in Government Code Section 7522.04(0, the retirement formula shall be 2.7% @ 57 calculated on the basis of the highest consecutive 36-month period selected by employees. Employee Contributions Tier I & Tier II Safety Employees — ANBOL Tier I and Tier II safety employees will contribute the full statutory member contribution, equal to nine percent (9%) of pensionable compensation, plus an additional 4.6% of pensionable compensation toward retirement costs as permitted under Government Code section 20516(0, for a total contribution of 13.6%. Temporary Reduction. Effective the pay period that includes January 1, 2023, Tier I and Tier II safety employees shall contribute a total employee contribution as follows: Nine percent (9%) member contributions, and an additional contribution of 3.1 % compensation earnable as cost sharing pursuant to Government Code section 20516(0, such that the total employee contribution equals no Less than 12.1% of compensation earnable or 50% of the total normal cost for PEPRA safety employees, whichever is greater, but in no event shall total employee contribution exceed 13.6%. This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, Tier I and Tier II safety employees shall contribute a total employee contribution of 13.6% as follows: 9% member contribution and 4.6% of compensation earnable as cost sharing per Government Code section 20516(0. Tier III Safety Employees — In addition to the statutorily required 50% contribution of total normal costs ("member contribution rate"), Tier III safety employees shall contribute an additional amount of pensionable compensation toward retirement costs pursuant to Government Code section 20516(f) so that their contribution equals a total contribution of 13.6% of pensionable compensation. Temporary Reduction. Effective the pay period that includes January 1, 2023, the minimum statutory employee contribution for safety employees in Tier III is subject to the provisions of PEPRA and equals 50% of the total normal cost. Tier III safety employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(0, such ANBOL Side Letter Agreement Page 2 of 4 that the total employee contribution equals no less than 12.1% of pensionable compensation or 50% of the total normal cost for PEPRA safety employees (i.e., the greater of 12.1% or 50% of the "total normal cost"). This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, the minimum statutory employee contribution for safety employees in Tier III is subject to the provisions of PEPRA and equals 50% of the total normal cost. Tier III safety employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(f), such that the total employee contribution equals no less than 13.6% of pensionable compensation (i.e., the greater of 13.6% or 50% of the "total normal cost"). If in future fiscal years the member contribution rate for safety employees in Tier III shall become greater or less, as determined by Ca1PERS valuations, the additional contribution made by the employee under Government Code section 20516(f) will be increased or decreased accordingly so that the total employee contribution equals 13.6% of pensionable compensation. Provided however, that the employee contribution shall never fall below the statutorily required contribution. 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page ANBOL Side Letter Agreement Page 3 of 4 Executed this ¶' day of e ^6 ' , 2022 ATTEST: By: FOR THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS: FOR THE CITY OF By: Kevin V doon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: —i--�----- Aaron C. Harp, City Attorney Leilani Br• n, City Clerk ANBOL Side Letter Agreement Pagc 4 of 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS September 13, 2022 through June 30, 2025 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS September 13, 2022 - June 30, 2025 TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Duration of Memorandum 2 Employee Data and Access 2 Conclusiveness 2 Modifications 2 Savings 2 Subcontracting 3 Section 2. Compensation Salary Adjustments 3 Bilingual Pay 4 EMT Pay 4 Compensation for Overtime 4 Assignment Pay for Lifeguard II and III Classification 5 Temporary Upgrading of Employees 5 Section 3. Work Hours and Staffing Staffing 5 Work Hours Standards 6 Section 4. Fringe Benefits Equipment Allotment 6 Sunscreen 6 Skin Cancer Screening 6 Uniforms and Assigned Equipment 6 Parking Passes 7 Identification Card 7 Other Benefits Not Guaranteed 7 Retirement Benefit 7 Flex Leave 8 Section 5. Miscellaneous Disciplinary Actions 9 Orientation 9 Work Access 9 Leave of Absence 10 Safety Committee 10 Labor Management Committee 10 Exhibit A Represented Classification and Pay Rates 12 ii MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1 The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. This MOU represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and Resolution 2001-50. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are considered "Active Employees" in a Lifeguard I, II, or III position. Active Employees have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and have worked 240 cumulative hours in the classifications of Lifeguard I, II, or III by July 1 of the calendar year. An Active Employee is an individual who has completed the Fire Department's recertification class with the expectation of working the minimum hours required under Section 3, Work Hours and Staffing section. All other employees are excluded. 1 ANBOL MOU 2022-2025 With the approval of the 2017-2021 MOU, the parties agreed to eliminate the Lifeguard 111 position. Employees classified as Lifeguard III on or before June 30, 2017 will remain "grandfathered" in the classification. However, the parties agree that since that classification has been phased out, no additional employees may be assigned to a Lifeguard III position. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of September 13, 2022. This MOU shall remain in full force and effect until June 30, 2025, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each July, the City shall provide the Association a regular list of all bargaining unit members including name, contact information (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties, unless contained in a written document executed by authorized representatives of the parties. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established 2 ANBOL MOU 2022-2025 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. G. Subcontracting As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. SECTION 2. — Compensation A. Salary Adjustments 1. Effective the first day of the pay period following City Council adoption of this MOU, the City will do the following: a. Eliminate Step 1 of Lifeguard II Salary Schedule; and b. Add a new five percent (5%) top step (which will be called Step 4 because Step 1 is being eliminated) to the Lifeguard II salary schedule; and 2. Effective the first day of the pay period following City Council adoption of this MOU, there shall be a base salary increase of three percent (3.0%) for all classifications in the bargaining unit. 3. Effective the first day of the pay period following July 1, 2023, there shall be a base salary increase of three percent (3.0%) for all classifications in the bargaining unit 4. Effective the first day of the pay period following July 1, 2024, there shall be a base salary increase of three percent (3.0%) for all classifications in the bargaining unit. Salary ranges for all ANBOL-represented classifications are represented in Exhibit A. 3 ANBOL MOU 2022-2025 B. Bilingual Pay Employees certified as bilingual (Spanish) shall receive seventy-five ($.75) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. For employees who are CaIPERS members, the parties agree that to the extent permitted by law, the Bilingual Pay in this section is Special Assignment Pay and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3), Bilingual Premium. C. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall receive one dollar ($1.00) per hour worked in "EMT Pay." It is the employee's responsibility to have his/her current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following receipt of certification by the City from the employee. EMT — Recertification Reimbursement: The City will reimburse employees up to $200 for the cost of recertifying their EMT Certification. Employees will be reimbursed when they present their certification from the Orange County Emergency Medical Services. Employees eligible to receive EMT Pay or EMT Recertification Reimbursement shall provide the City with a copy of the certificate. Employees are eligible for this pay or reimbursement on the first day of the pay period following provision of the certificate by the employee to the Human Resources Department. For employees who are CaIPERS members, the parties agree that to the extent permitted by law, the EMT Pay in this section is Educational Pay and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Emergency Medical Technician Pay. D. Compensation for Overtime Overtime shall be paid at time and one-half when employees actually work more than 40 hours in their defined FLSA workweek which is a regularly recurring period of 168 hours — 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties 4 ANBOL MOU 2022-2025 assigned by the City. Paid leave does not count as hours worked for purposes of calculating overtime. E. Assignment Pay for Lifeguard II and III Classifications Employees in the classifications of Lifeguard II and III shall be eligible for 5.0% Assignment Pay for those worked when actually performing the assigned duties (minimum of one hour worked in the assignment to be eligible) of the assignments identified below. Determination of the number and length of assignments shall be at the discretion of the City. • Junior Guard Group Leader • Dispatcher • Boat Operator For employees who are CaIPERS members, the parties agree that to the extent permitted by law, the Junior Guard Group Leader Pay in this section is Special Assignment Pay when employees are routinely and consistently assigned to lead or supervise other employees, subordinate classifications or agency -sponsored program participants and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Lead Worker/Supervisor Premium. F Temporary Upgrading of Employees A bargaining unit employee in the classification of Lifeguard I who (1) has completed their unit certification but (2) has not yet been interviewed for a Lifeguard 11 position, shall be paid their regular rate plus 5% when assigned to act in the capacity of a Lifeguard I/ position. SECTION 3. - Work Hours and Staffing A. Staffing Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing, (from the first Saturday after Newport/Mesa School District ends its regular session through Labor Day). Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the phone number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift, or if work is not available (e.g., because of weather or surf 5 ANBOL MOU 2022-2025 conditions), employees can choose to leave work without pay for remainder of their shift. B. Work Hours Standards The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. ANBOL members are required to work a minimum of 100 hours per year to maintain status for the following year. SECTION 4. — Fringe Benefits A. Equipment Allotment Employees in the bargaining unit shall be paid Two Hundred ($200) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweatpants, full brimmed or ball cap style hat, equipment carrying bag, waterproof watch and replacement and/or repair of any work -related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. Employees not meeting the work hour standards described in Section 3, B above will be ineligible to receive the Equipment Allotment the following season. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for bargaining unit employees at a facility selected by the City. Employees who are screened off duty will be paid one (1) hour of compensation. D. Uniforms and Assigned Equipment One pair of uniform trunks and two uniform shirts, each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division 6 ANBOL MOU 2022-2025 Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. Upon separation from the Fire Department, employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation. E. Parking Passes Represented employees who have recertified as Lifeguards will be provided one parking pass that does the following: • Allows parking in the spaces marked with letter "A" and beach lots year around. • Allows all parking in spaces May 15 to September 30 F Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. G. Other Benefits Not Guaranteed Employees in the bargaining unit may, in the sole discretion of the City, be provided additional benefits/privileges. H. Retirement Benefit 1. Public Agency Retirement Services (PARS) ANBOL Members are automatically enrolled in the PARS pension plan, unless the employee is an active member of the California Public Employees Retirement System (CaIPERS) or meets the requirements for CaIPERS membership. The City will match the employee contribution, which is 3.75% of base salary each pay period. 2. California Public Employees' Retirement System (Ca/PERS) It is the employees' responsibility to notify the Human Resources Department of outside employment. If the City is notified by CaIPERS that an ANBOL member has become a CaIPERS member through working at another CaIPERS agency, said employee is responsible for reimbursing the City their portion of cost sharing as required by all members and outlined below, pursuant to Government Code §20516(t). CaIPERS will invoice their member for the employee rate only. For example, a PEPRA member may receive an invoice from PERS for 11.5% of pensionable compensation; however, the ANBOL member will still need to reimburse the City 2.1 % of pensionable compensation for a total of 13.6%. The City will remind employees of this obligation at the start of the season. 7 ANBOL MOU 2022-2025 The following provisions apply only to bargaining unit members enrolled in CaIPERS as Safety members, consistent with the City's contract with Ca/PERS: Tier I (Classic): Employees with continuous employment with the City of Newport Beach and who became a CaIPERS safety member on or before November 23, 2012, or as designated by CaIPERS. The formula for Tier I Safety members in ANBOL is 3% @ 50 and members shall contribute nine percent (9%) of compensation earnable for the employee's full rate and 4.6% in cost sharing of the employer's rate. Tier 11 (Classic): Employees who were hired by the City of Newport Beach as a CaIPERS safety member between November 24, 2012 and December 31, 2012 or who became a CaIPERS safety member before December 31, 2012 with another PERS agency. The formula for Tier 11 Safety members is 2% @ 50 and members shall contribute nine percent (9%) of compensation earnable for the employee's full rate and 4.6% in cost sharing of the employer's rate. Employees in Tiers 1 and 11 are considered "classic members" per the Pension Reform Act of 2013 (PEPRA) and the Employer Paid Member Contribution will be 0%. All employees' contributions will be made on a pre-tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). Tier 111 (PEPRA): Employees who became CaIPERS members on or after January 1, 2013 are placed in Tier Ill and are considered "new members" per the Pension Reform Act of 2013 (PEPRA). The formula for PEPRA Safety members is 2.7% @ 57. The minimum employee contribution for Tier 111 members is subject to the provisions of PEPRA and equals 50% of the "total normal cost" as determined by Ca/PERS. In addition to the mandatory employee contribution under PEPRA, employees will contribute an additional percentage of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), so that each employee's total contribution is 13.6% of pensionable compensation. Should the mandatory contribution under PEPRA increase or decrease during the term of this MOU, the additional employee contribution under 20516(f) will adjust accordingly so that the total contribution is equal to the amount contributed by employees in Tiers I and 11, which is currently 13.6%. Provided, however, that the employee contribution shall never fall below the statutory required contribution. Flex Leave The first full pay period following City Council adoption, any hours previously accrued and remaining in the member's AB1522 Sick Leave Bank will be transferred into a new ANBOL Flex Leave bank. Flex Leave provides a more flexible benefit for unit members who may choose to request and take approved time off for reasons other than illness. 8 ANBOL MOU 2022-2025 Flex Leave may be taken with reasonable advance notice to the supervisor. When possible, employees are expected to provide their supervisor with at least two weeks' notice (or more when possible), apart from illness or other unforeseen emergencies. Additionally, Flex Leave has cash value. Unit members will be paid out at 100% of its value: 1) at the conclusion of each season (i.e. annually in September), or 2) if appointed to a position which provides a more generous benefit (e.g., full-time employment or part-time appointment to a position covered by the City of Newport Beach Lifeguard Management Association). ANBOL members accrue .034 hours for every hour worked, up to a maximum of 48 hours. Once an employee reaches 48 hours, Flex Leave stops accruing. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee, i.e., reduction in pay, demotion, suspension or dismissal, but not written reprimands, counseling memos or any other form of discipline which does not result in loss of money. Represented employees may appeal any such actions to the Fire Chief, or his/her designee, within ten (10) calendar days of the disciplinary action. The Fire Chief or designee will meet with the employee and a representative of his/her choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager or the City Manager's designee. The City Manager or designee will meet with the employee and their representative. Within ten (10) calendar days, the City Manager or designee shall issue his/her decision. The decision of the City Manager or designee shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. C. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course. 9 ANBOL MOU 2022-2025 D. Leave of Absence Employees requesting a Leave of Absence for a summer season must do so by submitting the request in writing, as provided in the Fire Department Standard Operating Procedure. Leaves of absence will only be permitted once within a five year period. E. Safety Committee One ANBOL representative selected by the Association shall participate as a member of the Fire Department's Safety Committee, at the Association's option. F. Labor Management Committee The City and ANBOL will establish a committee consisting of representatives from the Fire Department and, if needed, from the City Manager's Office or Human Resources to meet with the ANBOL President over issues of concern to the membership. ANBOL will provide a list of specific issues to begin the process. If needed, meetings will occur quarterly. The President will be released from duty for pre -scheduled Labor Management Committee meetings. Signatures on the following page. 10 ANBOL MOU 2022-2025 Executed this 110 day of 4prowL.2022. ASSOCIATION OF PO' - B ACH • • ' LIFEGUARDS By: Dan Moody, Presint CITY OF NEWPO. By: Kevin Muldoo By: ✓� - �� Charles Sakai, Special Counsel ATTEST: By: Leilani Brown, Cit Clerk 11 ANBOL MOU 2022-2025 Exhibit A ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS MOU Term: September 13, 2022 (tentatively) - June 30, 2025 3.0% Cost of Living Adjustment Effective the Pay Period Following City Council Adoption: Tentatively September24, 2022 Represented Positions Grade Hourly Rate Annual Salary Lifeguard I 05B 1 2 3 4 19.06 $ 20.02 $ 21.02 $ 22.08 $ Lifeguard II 25 1 $ 23.18 $ 2 $ 24.33 $ 3 $ 25.55 $ 4 $ 26.83 $ 39,644 41,633 43,731 45,917 48,211 50,615 53,151 55,808 Lifeguard III 35 1 $ 23.18 $ 48,211 2 $ 24.33 $ 50,615 3 $ 25.55 $ 53,151 4 $ 26.83 $ 55,808 Please note: 1. The salary schedule for Lifeguard III mirrors Lifeguard II. 2. Step 1 of Lifeguard II/III has been eliminated. A new 5% top step has been added. Hourly pay rates are rounded to the nearest hundredth. Annual salary is rounded to the nearest whole dollar. 12 ANBOL MOU 2022-2025 ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS MOU Term: September 13, 2022 (tentatively) - June 30, 2025 3.0% Cost of Living Adjustment Effective: July 15, 2023 Represented Positions Grade Step Hourly Rate Annual Salary Lifeguard I 05B 1 $ 19.63 $ 40,834 2 $ 20.62 $ 42,882 3 $ 21.66 $ 45,043 4 $ 22.74 $ 47,294 Lifeguard II 25 1 $ 23.87 $ 49,658 2 $ 25.06 $ 52,134 3 $ 26.32 $ 54,745 4 $ 27.64 $ 57,482 Lifeguard III 35 1 $ 23.87 $ 49,658 2 $ 25.06 $ 52,134 3 $ 26.32 $ 54,745 4 $ 27.64 $ 57,482 Hourly pay rates are rounded to the nearest hundredth. Annual salary is rounded to the nearest whole dollar. 13 ANBOL MOU 2022-2025 ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS MOU Term: September 13, 2022 (tentatively) - June 30, 2025 3.0% Cost of Living Adjustment Effective: July 13, 2024 Represented Positions Grade Step Hourly Rate Annual Salary Lifeguard I 05B 1 $ 20.22 $ 42,058 2 $ 21.23 $ 44,169 3 $ 22.31 $ 46,394 4 $ 23.42 $ 48,713 Lifeguard II 25 1 $ 24.59 $ 51,147 2 $ 25.82 $ 53,698 3 $ 27.11 $ 56,387 4 $ 28.46 $ 59,207 Lifeguard III 35 1 $ 24.59 $ 51,147 2 $ 25.82 $ 53,698 3 $ 27.11 $ 56,387 4 $ 28.46 $ 59,207 Hourly pay rates are rounded to the nearest hundredth. Annual salary is rounded to the nearest whole dollar. 14 ANBOL MOU 2022-2025 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1 The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. This MOU represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and Resolution 2001-50. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and have worked 240 cumulative hours in the classifications of Lifeguard I, II, and III by April 15 of the calendar year. An Active Employee is an individual who has completed the Fire Department's re -certification class with the expectation of working the minimum hours required under Section 3, B (Work Hours Standards). All other employees are excluded. Employees classified as Lifeguard III on June 30, 2017 will remain "grandfathered" in the classification. However, the parties agree that since that classification has been phased out, no additional employees may be assigned as a Lifeguard III. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2017. This MOU shall remain in full force and effect until June 30, 2021, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all bargaining unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties, unless contained in a written document executed by authorized representatives of the parties. F Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. 2 ANBOL MOU 2017-2021 G. Subcontracting As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments Effective in the pay period following City Council approval of this MOU or the pay period which includes July 1, 2017, whichever is later, the City will do the following: a. Eliminate Step 1 of Lifeguard 11 Salary Schedule; and b. Add a new five percent (5%) top step (which will be called Step 4 because Step 1 is being eliminated) to the Lifeguard II salary schedule; and c. Merge the Lifeguard 11 and ill salary schedules so that all Lifeguard Il's and Ill's are on the same salary schedule. Effective the pay period including July 1, 2018, base salaries for employees in this bargaining unit shall be increased by two percent (2.0%). Effective the pay period including July 1, 2019, base salaries for employees in this bargaining unit shall be increased by one percent (1.0%). Effective the pay period including July 1, 2020, base salaries for employees in this bargaining unit shall be increased by one percent (1.0%). 3 ANBOL MOU 2017-2021 Salary ranges for all ANBOL represented classifications are represented in Exhibit A. 2. Bi-Lingual Pay Employees certified as bilingual (Spanish) shall receive seventy-five ($.75) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall receive one dollar ($1.00) per hour worked in "EMT Pay." It is the employee's responsibility to have his/her current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following receipt of certification by the City, from the employee. a. EMT — Recertification Reimbursement: The City will reimburse employees up to $200 per year for the cost of recertifying their EMT Certification. Employees will be reimbursed when they present their certification from the Orange County Emergency Medical Services. 4. Compensation for Overtime - Overtime shall be paid at time and one-half when employees actually work more than 40 hours in their defined FLSA workweek which is a regularly recurring period of 168 hours — 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Paid leave does not count as hours worked for purposes of calculating overtime. 5. Assignment Pay for Lifeguard II and III Classifications Employees in the classifications of Lifeguard II and III shall be eligible for 5.0% Assignment Pay for those worked when actually performing the assigned duties (minimum of one hour worked in the assignment to be eligible) of the assignments identified below. Determination of the number and length of assignments shall be at the discretion of the City. 4 ANBOL MOU 2017-2021 • Junior Guard Group Leader • Dispatcher • Boat Operator SECTION 3. - Work Hours and Staffing A. Staffing Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing, (from the first Saturday after Newport/Mesa School District ends its regular session through Labor Day). Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the phone number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift, or if work is not available (e.g., because of weather or surf conditions), employees can choose to leave work without pay for remainder of their shift. B. Work Hours Standards The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. ANBOL employees are required to work the following minimum hours each year: Total Hours Hours Required to Worked (Career Work Per Year Total) 0 - 1,999 96 2,000 - 4,499 76 4,500+ 56 Until June 30, 2021, bargaining unit members hired prior to August 22, 2005 are grandfathered at the 56-hour minimum standard, regardless of whether the employee has achieved 4,500 career hours. Effective on June 30, 2021, the minimum standard of 76 hours (in the above chart) ends. Bargaining unit members hired prior to June 30, 2011 are grandfathered at the 56-hour minimum standard, regardless of whether the employee has achieved 4,500 career hours. Employees will be required to work the following minimum hours each year. 5 ANBOL MOU 2017-2021 Total Hours Worked (Career Total) 0 — 4,499 96 Hours Required to Work Per Year 4,500+ 56 SECTION 4. — Fringe Benefits A. Equipment Allotment Employees in the bargaining unit shall be paid Two Hundred ($200) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, waterproof watch and replacement and/or repair of any work -related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. Employees not meeting the work hour standards described in Section 3, B above will be ineligible to receive the Equipment Allotment the following season. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for bargaining unit employees at a facility selected by the City. Employees who are screened off duty will be paid one (1) hour of compensation. D. Binoculars Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. Upon separation from the Fire Department, employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation. 6 ANBOL MOU 2017-2021 E. Other Equipment One pair of uniform trunks and two uniform shirts, each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F Parking Passes Represented employees who have recertified as Lifeguards will be provided one parking pass that does the following: • Allows parking in the spaces marked with letter "A" and beach lots year around. • Allows all parking in spaces May 15 to September 30 G. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. H. Other Benefits Not Guaranteed Employees in the bargaining unit may, in the sole discretion of the City, be provided additional benefits/privileges. I. PERS Contribution The following provisions apply only to bargaining unit members enrolled in the Public Employees' Retirement System (PERS) as Safety members, consistent with the City's contract with PERS: Tiers I & II: Tier I — 3% @50 and Tier II 2%@ 50 (effective November 2012). Employees in these tiers are considered "classic members" per the Pension Reform Act of 2013 (PEPRA). Employees shall pay the full nine percent (9%) (compensation earnable) "safety" CaIPERS member contribution and the Employer Paid Member Contribution will be 0%. This employee payment will be made on a pre-tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). In addition to the employee's payment of their nine percent (9%) member contribution, employees will contribute an additional 4.6% of pensionable 7 ANBOL MOU 2017-2021 compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 13.6%. Tier III: Employees in Tier III are considered "new members" per the Pension Reform Act of 2013 (PEPRA). The minimum employee contribution for employees in Tier III is subject to the provisions of the Public Employees' Pension Reform Act (PEPRA) and equals 50% of the "total normal cost" as determined by CaIPERS. Employees will, in addition to the mandatory employee contribution under PEPRA, contribute an additional percentage of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), so that each employee's total contribution is 13.6% of compensation earnable. Should the mandatory contribution under PEPRA increase or decrease during the term of this MOU, the additional employee contribution under 20516(f) will adjust accordingly so that the total contribution is equal to the amount contributed by employees in Tiers I and II, 13.6%. J. Paid Sick Leave Under California's Healthy Workplaces, Healthy Families Act ANBOL employees are eligible to receive Paid Sick Leave effective July 1, 2015. The rate of accrual shall be .034 hour for every hour worked (which equals 1 hour of Paid Sick Leave for every 30 hours worked), with a maximum accrual of 48 hours. Once the 48 hours cap is reached no additional Leave will accrue in the Paid Sick Leave bank. Employees are permitted to use up to 24 hours per calendar year. If leave is foreseeable, the employee shall provide reasonable advance notification close in time to when the employee is aware of the need for the leave. If the need for sick leave is unforeseeable, the employee shall provide notice of the need for leave as soon as practicable. If at the beginning of the shift, the employee shall provide notification at least one hour prior to the start time of the shift. At the conclusion of each season (during the month of September) ANBOL members will be permitted to cash out Paid Sick Leave time remaining in their bank at the value of 50%. The minimum permitted to be cashed out is 1 hour and there is no maximum (all Leave time can be converted to cash at 50% value). SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee, i.e., reduction in pay, demotion, suspension or dismissal, but not written reprimands, counseling memos or any other form of discipline which does not result in loss of money. Represented employees may appeal any such actions to the Fire Chief, or his/her designee, within ten (10) calendar days of the disciplinary action. The Fire Chief 8 ANBOL MOU 2017-2021 or designee will meet with the employee and a representative of his/her choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager or the City Manager's designee. The City Manager or designee will meet with the employee and their representative. Within ten (10) calendar days, the City Manager or designee shall issue his/her decision. The decision of the City Manager or designee shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. C. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course. D. Leave of Absence Employees requesting a Leave of Absence for a summer season must do so by submitting the request in writing, as provided in the Fire Department Standard Operating Procedure. Leaves of absence will only be permitted once within a five year period. E. Safety Committee One ANBOL representative selected by the Association shall participate as a member of the Fire Department's Safety Committee, at the Association's option. Signatures on the following page. 9 ANBOL MOU 2017-2021 Executed this 2S day of JVO , 2017. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS By: Chris Graham, President CITY OF NEWP Bv: By: evin Muldoo-,' ayor Peter J. B ATTEST: By: , Special Counsel Leilani Br• - ty Clerk 10 ANBOL MOU 2017-2021 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement on July 14, 2015 as to wages, hours and other terms and conditions of employment for the period from July 1, 2014 through June 30, 2017 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers- Milias-Brown Act and Resolution 2001-50. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions 'of the Employer/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and have worked 240 cumulative hours by April 15 of the calendar year. An Active Employee is an individual who has completed the Fire Department's re- certification class with the expectation of working the minimum hours required under Section 3, B (Work Hours Standards). All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2014. This MOU shall remain in full force and effect until June 30, 2017, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in March 2017. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other, to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties, unless contained in a written document executed by authorized representatives of the parties. F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established 2 ANBOL MOU 2014-2017 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. G. Subcontracting As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments There shall be no salary adjustments for employees in the job classification Lifeguard Ill during the term of this MOU. Effective the pay period including July 1, 2015, base salaries for employees in job classifications Lifeguard I and Lifeguard II shall be increased 2.0%. Effective the pay period including July 1, 2016, base salaries for employees in job classifications Lifeguard I and Lifeguard II shall be increased by 1.0%. Effective the pay period including June 30, 2017, base salaries for employees in job classifications Lifeguard 1 and Lifeguard 11 shall be increased by 1.0%. 2. Bi-Lingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. Effective upon MOU adoption, bilingual pay shall be increased to seventy-five cents ($.75) per hour. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified 3 ANBOL MOU 2014-2017 shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be eligible to receive one dollar ($1.00) per hour worked in "EMT Pay." It is the employee's responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. 4. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Fire Chief and approved by the City Manager, which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the employee's regular rate of pay. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard Ill job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. Effective upon adoption of this 2014-17 MOU, Temporary Upgrade pay (referred to as "Move Up Pay') will be eliminated. 6. Addition of 4th Step Effective upon MOU adoption, a fourth pay step, set 5% above step 3, shall be added to the Lifeguard I and Lifeguard II classifications. 4 ANBOL MOU 2014-2017 7. Assignment Pay Effective upon MOU adoption, the City shall create a new Assignment Pay for employees in Lifeguard 11 and 111 classifications who work in one of the assignments listed below. Employees shall be eligible for 7.5% Assignment Pay when performing the assigned duties (minimum of one hour worked in the assignment to be eligible). Eligibility for employees in Lifeguard 111 positions to receive Assignment Pay will sunset at the expiration of the MOU. Determination of the number and length of assignments shall be at the discretion of the City. • Junior Guard Group Leader • Dispatcher • Boat Operator Concurrent with creation of Assignment Pay, the Lifeguard 111 classification will be phased -out over time. Employees classified as Lifeguard 111 at adoption of this 2014-17 MOU will remain "grandfathered" in the classification. SECTION 3. - Work Hours and Staffing A. Staffing Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the phone number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. B. Work Hours Standards The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. Effective January 1, 2016, ANBOL employees will be required to work the following minimum hours each year: 5 ANBOL MOU 2014-2017 Total Hours Worked Hours Required to (Career Total) Work Per Year 0 - 1,999 2,000 - 4,499 4,500+ 96 76 56 Current employees (as of MOU adoption) with ten (10) or more years of City service will be grandfathered at the 56 hour minimum standard, regardless of whether the employee has achieved 4,500 career hours. SECTION 4. — Fringe Benefits A. Equipment Allotment Represented employees in the Association shall be paid Two Hundred ($200) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water proof watch and replacement and/or repair of any work -related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. Employees not meeting the work hour standards described in Section 3, B above will be ineligible to receive the Equipment Allotment the following season. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the 6 ANBOL MOU 2014-2017 Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. Upon separation from the Fire Department, employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation. E. Other Equipment One pair of uniform trunks and two uniform shirts, each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F Parking Passes Represented employees will be provided one parking pass that does the following: • Allows "blue pole" parking year around. • Allows "all meter" parking June 15 to September 30. G. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. H. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. 1. PERS Contribution The following provisions apply only to unit members enrolled in the Public Employees Retirement System (PERS) as Safety members, consistent with the City's contract with PERS: Tiers I & II: Employees shall pay the full 9% "safety member" contribution of PERS reportable earnings and the Employer Paid Member Contribution will be 0%. This payment will be made on a pre-tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation earnable" under Government Code section 20636. Effective July 1, 2015, in addition to the 9% normal member contribution, employees will contribute an additional 1.6% of pensionable compensation 7 ANBOL MOU 2014-2017 toward retirement costs as permitted under Government Code §20516(0, for a total contribution of 10.6%. Effective July 1, 2016, in addition to the 9% normal member contribution, employees will contribute an additional 3.1 % of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 12.1 %. Effective June 30, 2017 in addition to the 9% normal member contribution, employees will contribute an additional 4.6% of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 13.6%. Tier III: The minimum employee contribution for employees in Tier 111 is subject to the provisions of the Public Employees' Pension Reform Act (PEPRA) and equals 50% of the "total normal cost" as determined by PERS. Effective July 1, 2015 Tier 111 members will contribute the required 11.25% member contribution. Effective July 1, 2016, Tier 111 employees will, in addition to the mandatory employee contribution under PEPRA, contribute an additional .85% of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 12.1 %. Effective June 30, 2017 employees will, in addition to the mandatory employee contribution under PEPRA, contribute an additional 2.35% of pensionable compensation toward retirement costs as permitted under Government Code §20516(f), for a total contribution of 13.6%. Should the mandatory contribution under PEPRA increase or decrease in 2016 and/or 2017, the additional employee contribution under 205016(0 will adjust accordingly so that the total contribution is equal to the amount contributed by employees in Tiers I and 11. J. Paid Sick Leave Under California's Healthy Workplaces, Healthy Families Act ANBOL employees are eligible to receive Paid Sick Leave effective July 1, 2015. The rate of accrual shall be .034 hour for every hour worked (which equals 1 hour of Paid Sick Leave for every 30 hours worked), with a maximum accrual of 48 hours. Once the 48 hours cap is reached no additional Leave will accrue in the Paid Sick Leave bank. At the conclusion of each season (during the month of September) ANBOL members will be permitted to cash out Paid Sick Leave time remaining in their bank at the value of 50%. The minimum permitted to be cashed out is 1 hour and there is no maximum (all Leave time can be converted to cash at 50% value). 8 ANBOL MOU 2014-2017 SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief, or his/her designee, within ten (10) calendar days of the disciplinary action. The Fire Chief or designee will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager or the City Manager's designee. The City Manager or designee will meet with the employee and their representative. Within ten (10) calendar days, the City Manager or designee shall issue his/her decision. The decision of the City Manager or designee shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. C. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course. D. Leave of Absence Employees requesting a Leave of Absence for a summer season must do so by submitting the request in writing, as provided in the Fire Department Standard Operating Procedure. Leaves of absence will only be permitted once within a five year period. E. Safety Committee One ANBOL representative selected by the Association shall participate as a member of the Fire Department's Safety Committee, at the Association's option. Signatures on the following page. 9 ANBOL MOU 2014-2017 Executed this b I day of (;UST , 2015. ATTEST: By: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS By: (- Chris Graham, President Leilani Brown, City - Clerk OVED AS TO FORM: dward D. Selich, Mayor Aaron C. Harp, City Attorney V/3)jx 10 ANBOL MOU 2014-2017 Exhibit A Association of Newport Beach Ocean Lifeguards Represented Classifications and Pay Rate Adjustments July 1, 2014 through June 30, 2017 Represented Classification Hourly Pay Rate Minimum Maximum Effective July 1, 2015 (2% adjustment for LG I & II) Lifeguard I Lifeguard II Lifeguard III $17.44 $19.23 $20.97 $19.23 $21.19 $23.14 Effective following MOU Adoption (added step for LG I & LG II): Lifeguard I $17.44 $20.19 Lifeguard II $19.23 $22.25 Lifeguard III $20.97 $23.14 Effective July 1, 2016 (1% adjustment for LG 1 & II) Lifeguard I $17.61 $20.39 Lifeguard II $19.42 $22.47 Lifeguard III $20.97 $23.14 Effective July 1, 2017 (1 % adjustment for LG I & II) Lifeguard I $17.79 $20.59 Lifeguard II $19.60 $22.69 Lifeguard III $20.97 $23.14 8/11/15 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement on July 11, 2013 as to wages, hours and other terms and conditions of employment for the period from July 1, 2012 through June 30, 2014 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers- Milias-Brown Act and Resolution 2001-50. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and have worked 240 cumulative hours by April 15 of the calendar year. An Active Employee is an individual who has completed the Fire Department's re- City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 2 of 8 certification class with the expectation of working a minimum of 56 cumulative hours per calendar year. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2012. This MOU shall remain in full force and effect until June 30, 2014, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in March 2014. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other, to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties, unless contained in a written document executed by authorized representatives of the parties. City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 3 of 8 F Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. G. Subcontracting As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments There shall be no salary adjustment in the first year of this 2012-2014 contract. Effective the pay period including July 1, 2013, (the second year of the contract) base salaries shall be increased 2.0%. 2. Bi-Linqual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 4 of 8 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be eligible to receive fifty ($0.50) cents per hour worked in "EMT Pay." Effective July 1, 2013, EMT Pay shall increase to one dollar ($1.00) per hour worked. It is the employee's responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. 4. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Fire Chief and approved by the City Manager, which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the employee's regular rate of pay. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 5 of 8 Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. — Fringe Benefits A. Equipment Allotment Represented employees in the Association shall be paid Two Hundred ($ 200) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water proof watch and replacement and/or repair of any work -related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 6 of 8 D. Binoculars Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. Upon separation from the Fire Department, employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation. E. Other Equipment One pair of uniform trunks and two uniform shirts, each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F. Gym Represented employees will be provided access to the City Gym. G. Parking Passes Represented employees will be provided one parking pass that does the following: ■ Allows "blue pole" parking year around. ■ Allows "all meter" parking June 15 to September 30. H. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. I. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 7 of 8 J. PERS Unit members enrolled in California Public Employees Retirement System (CaIPERS) shall pay the full 9% "safety member" contribution of CaIPERS reportable earnings and the Employer Paid Member Contribution will be 0%. This payment will be made on a pre-tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation earnable" under Government Code section 20636. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief, or his/her designee, within ten (10) calendar days of the disciplinary action. The Fire Chief or designee will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager or the City Manager's designee. The City Manager or designee will meet with the employee and their representative. Within ten (10) calendar days, the City Manager or designee shall issue his/her decision. The decision of the City Manager or designee shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. C. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course. City-ANBOL MOU July 1, 2012 through June 30, 2014 Page 8 of 9 D. Leave of Absence Employees requesting a Leave of Absence for a summer season must do so by submitting the request in writing, as provided in the Fire Department Standard Operating Procedure. Leaves of absence will only be permitted once within a five year period. E. Classification Study At the time of adoption of this 2012-2014 MOU, the City is undergoing a comprehensive study of its classification and compensation program. The City agrees to review the classifications of Lifeguard 1, II, and 111 for the purpose of assessing appropriate classification structure and assignment. Executed this 1 3 day of ( ,9USl2013: ATTEST: By: Leilani Brown, City Clerk ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS By: Chris Graham, President CITY OF NEWPORT BEACH By: Keith D. urry, Mayor OVED AS TO FORM: Aaron C. Harp, City Attorney el\ 13 Date Tentative Agreement Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards On July 11, 2013, representatives from the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards reached a tentative agreement on the terms for a successor Memorandum of Understanding to the memorandum that expired June 30, 2012. The parties have been meeting collaboratively since March 2013 on a number of issues including staffing, wage adjustments, and increases to the equipment allowance. The provisions of the agreement include: Contract Term: two years, from July 1, 2012 through June 30, 2014 Wage Adjustment: 2.0% wage adjustment effective the pay period including 7/1/2013 Emergency Medical Technician Certification: effective the pay period including 7/1/2013 EMT Certificate pay will increase from $.50 per hour to $1.00 per hour Equipment Allotment: the Equipment Allotment, issued the first full pay period in July, will be increased from $140 per year to $200 per year Disciplinary Appeals Process: the Disciplinary appeals process shall be modified to indicate the Fire Chief or "designee" shall be the first level of appeal review, and the City Manager or "designee" shall be the final level of appeal review Other Items: additional modifications to the MOU include 1) standard subcontracting clause, 2) Lifeguard I, II, III job classifications to be reviewed as part of the Fox Lawson & Associates classification and compensation study, 3) clarification that to be ANBOL eligible employees must reach the 240 hours requirement by April 15, and 4) modify the works standards policy to permit leaves of absence once every 5 years. The terms of this agreement are tentative pending final adoption and ratification of the Memorandum of Understanding by the Newport Beach City Council, per Government Code §3505.1. For the City of Newport Beach: For the Association of Newport Beach Ocean Lifeguards: Dave 1 , City Manager Chris Graham, President riIn 7//e/zo,3 Date Attest MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement on June 27, 2011 as to wages, hours and other terms and conditions of employment for the period from May 1, 2011 to June 30, 2012 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and Resolution 2001-50. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 240 cumulative hours. An Active Employee is an individual who has completed the Fire Department's re -certification class with the expectation of City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 2 of 7 working a minimum of 56 cumulative hours per calendar year. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of May 1, 2011. This MOU shall remain in full force and effect until June 30, 2012, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in March 2012. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 3 of 7 F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments Base salaries shall remain unchanged for the term of this agreement. 2. Bi-Lingual Pay Employees certified -as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be eligible to receive fifty ($0.50) cents per hour worked in "EMT Pay." It is the employee's responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. 4. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 4 of 7 Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services/Finance Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 5of7 opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. — Fringe Benefits A. Equipment Allotment Represented employees in the Association shall be paid One Hundred and Forty ($140.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water proof watch and replacement and/or repair of any work related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Represented employees shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of uniform trunks and two uniform shirts each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 6 of 7 F. Gym Represented employees will be provided access to the City Gym. G. Parking Passes Represented employees will be provided one parking pass that does the following: • Allows "blue pole" parking year around. • Allows "all meter" parking June 15th to September 30th. H. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. J. Effective July 2, 2011, unit members enrolled in California Public Employees Retirement System (CaIPERS) will pay the full 9% "safety member" contribution of CaIPERS reportable eamings and the Employer Paid Member Contribution will be 0%. This payment will be made on a pre-tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation eamable" under Government Code section 20636. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his/her decision. The decision of the City Manager shall be final. City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 7 of 7 This is the only City appeal procedure for the term of this agreement. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course. Executed this a 4/1Lday of Silt- L , 2011: ASS IAT a N OF ,JE 'PORT BEACH OCEAN LIFE c. A'A S By'. J: h Yocam, Pre�%-n CITY OF NEWR'ORT BEA By: Micha&'F. Henn, Mayor Leilani Brown, City Clerk APPROV ORM: David Hunt, City Attorney SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION This SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Supplemental MOU") is entered into modifying the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association for the period of January 1, 2009 through December 31, 2011 (hereinafter "MOU"). Upon signing of this Supplemental MOU, the MOU is modified to incorporate the changes memorialized herein. No other changes are effectuated by the parties. Except as expressly stated in this Supplemental MOU all terms and conditions of the MOU remain in full force and effect. The changes referenced in this Supplemental MOU shall take effect on July 1, 2011 and shall remain in effect for the balance of the term of the MOU. SECTION 4. -FRINGE BENEFITS A. Insurance — Amended to read: 2. City Contribution The City has implemented an IRS qualified Cafeteria Plan. NBLMA members shall participate in this plan. The City contribution toward the Cafeteria Plan shall be as set forth below. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach Lifeguard Management Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective the pay period beginning December 20, 2008, the City's contribution towards the Cafeteria Plan increases to $974 (plus the minimum CalPERS participating employer's contribution). Effective the pay period beginning December 19, 2009, the City's contribution towards the Cafeteria Plan will increase to $1049 (plus the minimum CatPERS participating employer's contribution). Effective July 2, 2011, the City's contribution towards the Cafeteria Plan will increase to $1149 per month (plus the minimum CalPERS Supplemental Memorandum Page 1 of 4 July 1, 2011 through of Understanding December 31, 2011 participating employer's contribution). LMA members who do not want to enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. D. The Retirement Benefit- Amended to read: Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement and hired before May 25, 2010, the entire required normal "safety member" retirement contribution, but not to exceed 9% of the compensation earnable which PERS uses to calculate retirement contributions and benefits. For employees hired after May 25, 2010 the City will pay 3.5% of the member contribution. Such employees will be eligible to receive the 9% the beginning of their 6th year of uninterrupted service. In addition, the amount of this payment shall be reported to PERS as special compensation, which is part of the employee's compensation earnable, pursuant to the provisions of Section 20636 (c)(4) of the California Government Code, as amended effective July 1, 1994. This payment shall be credited to the employee's accounts maintained by PERS in accordance with Section 20691 of the California Government Code. NBLMA acknowledges that the City is making this payment pursuant to a specific request of NBLMA to do so, that the City has made significant financial commitments to NBLMA in this MOU in consideration of the members' agreement to relinquish their previously held "irrevocable right" to pay their own PERS contribution and receive a corresponding salary increase, and that the significant financial concessions to NBLMA (which included Leave Premium Pay Accounts, changes in the calculation of "hours worked" for purposes of overtime and internal salary adjustments) were made to avoid the potential for increased overtime compensation approximating $450,000 if all NBLMA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. Effective July 2, 2011, the City will no longer pay or report any portion of the normal "safety member" contribution" and the value of the "employer paid member contribution" (EPMC) will be eliminated. All unit members will pay the full 9% "safety member" contribution of CaIPERS reportable earnings. This payment will be made on a pre- tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation earnable" under Government Code Supplemental Memorandum Page 2 of 4 July 1, 2011 through of Understanding December 31, 2011 section 20636. 3. The City's contract with PERS alse-prevides-fer provides the following: a. A 3% @ 50 retirement formula pursuant to the provisions of Section 21362.2 of the California Government Code. b. The military buy-back provisions pursuant to Section 21024 of the California Government Code and the highest year benefit pursuant to Section 20042. c. The Level 4 1959 Survivor Benefit. The Pre -Retirement Option Settlement 2 Death Benefit (Section 21548). e. Effective as soon as practicable after adoption of this Supplemental Memorandum of Understanding, but no sooner than July 1, 2011, the City will contract with CaIPERS to implement the '2%@50 retirement formula for all newly hired employees. The 2%@50 retirement formula "final compensation" shall be defined as set out in Government Code section 20037 and calculated based upon the average of the 36 highest paid consecutive months. 3. Effective February 27, 2010, all employees will contribute 3.5% of bacc pay tewarelcc retire ent costs This ono will be made e e tax basis through payrnu de,tu tion n nt to IRS Corte Soon., n�nitiv�� This contribution will not affect the reporting of the 9% EPMC for employees hired bcforc May 25, 2010 (Section 20636)(c)('l) of the The parties witness their agreement to the above by affixing their signatures below. Executed this day of June, 2011: Supplemental Memorandum Signatures on the following page. Page 3 of 4 July 1, 2011 through of Understanding December 31, 2011 Newport Beach Lifeguard Management Association By Brent Jaco•-en, President City of New ort Beach By )-- Michael F. Henn, Mayor APPROVED AS TO FORM: By David R. Hunt, CitAttorney ATTEST: By 1i Leilani Brown, City Clerk Supplemental Memorandum Page 4 of 4 July 1, 2011 through of Understanding December 31, 2011 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement on June 8, 2010 as to wages, hours and other terms and conditions of employment for the period from May 1, 2010 to April 30, 2011 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and Resolution 2001-50. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 2001-50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 240 cumulative hours. An Active Employee is an individual who has completed the Fire Department's re -certification class with the expectation of City-ANBOL MOU May 1, 2010 through April 30, 2011 Page 2 of 7 working a minimum of 56 cumulative hours per calendar year. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of May 1, 2010. This MOU shall remain in full force and effect until April 30, 2011, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in January 2011. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. City-ANBOL MOU May 1, 2010 through April 30, 2011 Page 3 of 7 F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments Base salaries shall remain unchanged for the term of this agreement. 2. Bi-Lingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be eligible to receive fifty ($0.50) cents per hour worked in "EMT Pay." It is the employee's responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. 4. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. City-ANBOL MOU May 1, 2010 through April 30, 2011 Page 4 of 7 Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the City-ANBOL MOU May 1, 2010 through April 30, 2011 Page 5 of 7 opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. — Fringe Benefits A. Equipment Allotment Represented employees in the Association shall be paid One Hundred and Forty ($140.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water proof watch and replacement and/or repair of any work related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Represented employees shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of uniform trunks and two uniform shirts each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. City-ANBOL MOU May 1, 2010 through April 30, 2011 Page 6 of 7 F. Gym Represented employees will be provided access to the City Gym. G. Parking Passes Represented employees will be provided one parking pass that does the following: • Allows "blue pole" parking year around. a Allows "all meter" parking June 15th to September 30th. H. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his/her decision. The decision of the City Manager shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. City-ANBOL MOU May 1, 2010 through April 30, 2011 Page 7 of 7 C. Work Access ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters. ANBOL representatives shall be allowed 10 minutes to address employees at every Lifeguard Recertification course during lunch breaks. Executed this 1 day of 7i1tfr , 2010: ATTEST: Bv: • . SOCIA ► • N OF WPORT BEACH OCEAN LI OU By: osh ocam, Presid=) t CITY OF NEWPORT BEACH By: Keith Curry, May r Leila i Brown, Ci y Clerk APPROVED AS TO FORM: ATTACHMENT B RESOLUTION NO. 2010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING EMPLOYER PAID MEMBER CONTRIBUTIONS TIME -IN -GRADE EXCEPTION WHEREAS, the City Council of the City of Newport Beach has elected to pay all or part of the normal member contributions to the California Public Employees' Retirement System (CaIPERS) pursuant to Government Code Section 20691, and applicable labor policies and agreements; and WHEREAS, the City Council of the City of Newport Beach may elect a Time -in -Grade Exception to said Employer Paid Member Contributions (EPMC) within a given group or class of employees as defined in Government Code Section 20636(e)(1) and as specifically authorized in Title 2, California Code of Regulations Section 569; WHEREAS, the City Council of the City of Newport Beach desires to implement a Time -in -Grade Exception and abide by the provisions of Title 2, California Code of Regulations Section 569; and WHEREAS, CaIPERs reviewed the proposed Resolution and approved the terms of the Time -in -Grade Exception on April 23, 2010. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE to implement a Time -in -Grade Exception as follows: Section 1. The Time -in -Grade Exception shall apply to all employees of the Newport Beach Lifeguard Management Association (NBLMA). Section 2. The City of Newport Beach elects to continue to pay 9% of the Employer Paid Member Contribution for all current Newport Beach Lifeguard Management Association employees. Section 3. For employees in the Newport Beach Lifeguard Management Association hired after the date of adoption of this resolution, the City of Newport Beach shall pay 3.5% of the Employer Paid Member Contribution. Section 4. Beginning the sixth (6th) year of uninterrupted service employees will be entitled to payment of EPMC on the same terms that apply to other safety employees in the unit. Adopted this ATTEST: day of 2010. BY Mayor of the City of Newport Beach City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS, LOCAL 906 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards, Local 906 ("ANBOL" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement on July 31, 2007 as to wages, hours and other terms and conditions of employment for the period from April 1, 2007 to March 31, 2009 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and resolution 7173. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 7173, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ("Active Employee") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cumulative hours. An Active Employee is an individual who has completed the Fire Department's re -certification class with the expectation of City-ANBOL MOU April 2007 through March 2009 Page 2 of 7 working a minimum of 56 cumulative hours per calendar year. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of April 1, 2007. This MOU shall remain in full force and effect until March 31, 2009, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in January 2009. 2 The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. The list will include all members except for those members who specifically ask that their personal information not be given out. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. City-ANBOL MOU April 2007 through March 2009 Page 3 of 7 F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments Base salaries will be increased effective the first pay period in April 2007 as follows: • Four (4%) percent Lifeguard I & II; and • Five (5%) percent Lifeguard III. Base salaries will increase four (4%) percent effective the first pay period in April 2008. The City will conduct a salary survey prior to April 15 of each year, reflecting salaries in effect as of April 1, and assess the City's competitive position for recruitment. 2. Bi-Lingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pay Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be eligible to receive fifty ($0.50) cents per hour worked in "EMT Pay." It is the employees' responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. City-ANBOL MOU April 2007 through March 2009 Page 4 of 7 4. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. City-ANBOL MOU April 2007 through March 2009 Page 5 of 7 Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. — Fringe Benefits A. Sunglasses Represented employees in the Association shall be paid One Hundred ($100.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D Binoculars Represented employees shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of sweat pants provided to each employee once per season. City-ANBOL MOU April 2007 through March 2009 Page 6 of 7 One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F Gym Represented employees will be provided access to the City Gym. G. Parking Passes Represented employees will be provided one parking pass that does the following: ■ Allows "blue pole" parking year around. ■ Allows "all meter" parking June 15th to September 30th. H. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his/her decision. The decision of the City Manager shall be final. City-ANBOL MOU April 2007 through March 2009 Page 7 of 7 This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Executed this ATTEST: I-11i day of August, 2007: ASSOCI £ TION OF NEWPORT BEACH OCEAN LI EG RDS, s CAL 906 By: _ By: CITY ` ► " • RT BEACH : By �t -�-- Steve Rosansky, Mayor BYf/I4UIT�ne.%%%•)4116eivii LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Crauson, City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards, a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from April 1, 2005 to March 31, 2007 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and resolution 7173. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 7173, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees meeting the following criteria: Active employees with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cumulative hours. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of April 1, 2005. This MOU shall remain in full force and effect until March 31, 2007, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in January 2007. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each March the City shall provide the Association a list of all unit members including name, and job title. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. F Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established 2 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. — Compensation A. Pay for Time Worked 1. Salary Adjustments Base salaries will be increased by four (4%) percent effective the first pay period in April 2005 and three (3%) percent effective the first pay period in April 2006. In addition, effective the first pay period in January 2006, the first two steps of the Lifeguard I salary range shall be eliminated. Individuals occupying those steps will advance to the new Step I and be eligible for further step advancement after 350 hours at the new step. The City will conduct a salary survey prior to April 15 of each year, reflecting salaries in effect as of April 1, and assess the City's competitive position for recruitment. 2. Bi-Linqual Pay Employees certified as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. 3 Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 4. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his/her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. 4 SECTION 4. — Fringe Benefits A. Sunglasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid One Hundred ($100.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses by July 1st of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as - needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of sweat pants provided to each employee once per season. One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. F. Gym Represented employees will be provided access to the City Gym. 5 G. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his/her decision. The decision of the City Manager shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Executed this I3thday of Sepner , 2005: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS By: By: CITY OF NEWPORT BEACH B Heffernan, Mayor 6 APPROVED AS TO FORM: Robin Clauson, City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards, a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from April 1, 2004 to March 31, 2005 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and resolution 7173. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 7173, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are 1 excluded from representation by the Association. Recognition is limited to employees meeting the following criteria: Active employees with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cumulative hours. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of April 1, 2004. This MOU shall remain in full force and effect until March 31, 2005, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each March the City shall provide the Association a list of all unit members including name, and job title. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained 2 herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adjustments The City will conduct a salary survey prior to April 15, 2005 reflecting salaries in effect as of April 1, and assess the City's competitive position for recruitment. Based on the survey, mutually agreed upon salary increases will be implemented effective the pay period including April 1, 2005. 2. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. 3 Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. Such staffing will be placed on the regular schedule, treated the same as other positions on the regular schedule, and will be subject to the availability of qualified personnel. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. - Fringe Benefits A. Sunglasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid One Hundred ($100.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses by July lst of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. 4 B. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. C. Binoculars Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. D. Other Equipment One pair of sweat pants provided to each employee once per season. One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. E. Gym Represented employees will be provided access to the City Gym. F. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. 5 SECTION 5. - Miscellaneous. A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his/her decision. The decision of the City Manager shall be final. This is the only City appeal procedure for the term of this agreement. B. Orientation Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees. Executed this 21 day of , 2004: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS By: By: 6 ATTEST: By: CITY OF NEWPORT BEACH By: Tod W. Ridgeway ayor LaVonne Harkless, City Clerk APPRO\LED AS TO FORM: Robin Clauson, Acting City Attorney 7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Association of Newport Beach Ocean Lifeguards, a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from April 1, 2001 to March 31, 2004 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers-Milias-Brown Act and resolution 7173. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 7173, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, II, and III, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are 1 excluded from representation by the Association. Recognition is limited to employees meeting the following criteria: Employees with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceeding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 300 cummulative hours. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of April 1, 2001. This MOU shall remain in full force and effect until March 31, 2004, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Employee Data and Access Each March the City shall provide the Association a list of all unit members including name, department, and job title. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 2 life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adjustments Effective the first full payroll period in April 1, 2001, 2002 and 2003, all bargaining unit employees shall receive a 3.5% pay increase. The City will conduct a salary survey prior to lifeguard recruitment each year, and assess the City's competitive position for recruitment. Based on the survey, the City may, but is not obligated to, provide increases in excess of those listed above. 2. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. 3 Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. SECTION 3. - Work Hours and Staffing A. Staffing During "A" level staffing, Monday through Friday, two patrols (one each in areas 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in areas 1 and 2) shall be staffed with two persons. Such staffing will be placed on the regular schedule, treated the same as other positions on the regular schedule, and will be subject to the availability of qualified personnel. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing. Represented employees will be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. - Fringe Benefits A. Sunglasses Represented employees in the Association of Newport Beach Ocean Lifeguards shall be paid Fifty ($50.00) Dollars 4 annually towards the purchase of UVA/UVB compliant sunglasses at the start of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees who have been employed for at least five (5) seasons at a facility selected by the City. Screening will be throughout the year outside of the normal work schedule, with one (1) hour of compensation. C. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits/privileges. SECTION 5. - Miscellaneous. A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Division Chief within ten (10) calendar days of the disciplinary action. The Division Chief will meet with the employee and a representative of their choosing within seven (7) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within seven (7) calendar days, appeal to the Fire Chief. The Fire Chief will, within seven (7) calendar days, meet with the employee and their representative. Within seven (7) calendar days, the Fire Chief shall issue his/her decision. The decision of the Fire Chief shall be final. This is the only City appeal procedure for the term of this agreement. Executed this 30et day of 5 , 2001: ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS BY: t R�✓ �30L v� 0-29 -o) By: CITY OF NEWPORT BEACH By: ATTEST: `.n'1'l-? Garold B. Adams, Mayor By: /97144L LaVonne Harkless, City Clerk APP'dVED AS TO FORM: obert H. Burnham, City Attorney 6