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Home My WebLink About2010-128 - Supplemental MOU for Fire Management AssociationRESOLUTION NO. 2010 -128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001 -50, the "Employer- Employee Relations Resolution ", to promote improved relations and communication between the City of Newport Beach and its employee associations; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Newport Beach Fire Management Association for the period of January 1, 2008, through December 31, 2010; and WHEREAS, representatives from the City of Newport Beach and the Newport Beach Fire Management Association have met and conferred in good faith and agreed to modify the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Newport Beach desires to modify the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Management Association by adopting the Supplemental Memorandum of Understanding: NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. The term of the Supplemental Memorandum of Understanding shall be for 12 months, extending the current Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Management Association to December 31, 2011. Section 2. Additional changes to wages and benefits shall be modified pursuant to the provisions of the Supplemental Memorandum of Understanding (Exhibit). Section 3. All other terms of the current Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Management Association shall remain unchanged. ATTEST: a, City Clerk Adopted this 23rd day of November, 2010. Mayor EXHIBIT SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION This Supplemental Memorandum of Understanding modifies the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Management Association for the period of January 1, 2008 to December 31, 2010. Upon the signing of this Supplemental Memorandum, the 2008 -2010 MOU is modified to incorporate these changes. SECTION 1. GENERAL PROVISIONS B. Duration of Memorandum —Amend to read: 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 January 1, 2008. This MOU shall remain in full force and effect until December 31, 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. The parties agree that, NBFMA will submit preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment not less than 90 days prior to expiration of the MOU, and that the parties will begin negotiations promptly, with the objective of reaching an agreement by December 31, 2011. SECTION 4. FRINGE BENEFITS D. The Retirement Benefit — Amend to read: Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all safety employees covered by this agreement and hired before November 23, 2010, (or the effective date of the change in the newly hired employees contribution, whichever is later) 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 safety employees hired into the City after November 23, 2010 (or as soon thereafter as possible based on PERS approval), 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 Page 1 of 3 amount of the City payment of member contributions (EPMC) 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 employees' accounts maintained by PERS in accordance with Section 20691 of the California Government Code. NBFMA acknowledges that the City is making this payment pursuant to a specific request of NBFMA to do so. 2. The City's contract with PERS shall also provide for: a. A 3% @ 50 retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code. b. The military service credit as public service pursuant to Section 21024 of the California Government Code and the highest year benefit pursuant to Section 20042. C. The Level 4 1959 Survivors Benefits. d. Pre - retirement option settlement 2 death benefit pursuant to Section 21548. 3. Effective November 6, 2010, all safety unit employees hired into the unit July 31, 2010 or later will contribute 3.5% of base pay towards retirement costs. Employees hired into the unit prior to July 31, 2010 will pay 5.0 %, also effective November 6, 2010. Both of these payments will continue through December 31, 2011. These payments will be made on a pre -tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not affect the reporting of the 9% EPMC for employees hired before November 23, 2010 (Section 20636)(c)(4) of the California Government Code. NEW SEC. TRIAL 48/96 SCHEDULE The Fire Department has implemented a trial 48/96 schedule. The schedule may be canceled by the Department, at its discretion. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach Fire Management Association remains in full force and effect. Signatures are on the next page. Page 2 of 3 Executed this day of , 2010: NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION: m CITY OF NEWPORT BEACH BY: Keith D. Curry, Mayor ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: David R. Hunt, City Attorney Chip Duncan, President Jeff Boyles, Negotiator Page 3 of 3 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -128 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of November, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of November, 2010. City Clerk Newport Beach, California (Seal)