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HomeMy WebLinkAboutC-2060 - MOU's - Newport Beach Firefighters Association (NBFA)SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into by and between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-130 approving a Memorandum of Understanding ("MOU") between the Parties with a tenn of January 1, 2022, through December 31, 2025; WHEREAS, to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; WHEREAS, on ftrC h 6 , 2023, this Agreement was ratified by the Association; and 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: l . Section 2, Compensation, of the MOU is amended to add the following to Subsection A, which shall read as follows: Salary Schedule Adjustment 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 NBFA Side Letter Agreement — July 2023 Executed thi; i day o,- 2023. ATTEST: FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION: By: /5�-4 Bobby Salerno, President FOR THE CITY OF NEWPORT BEACH: CITY OF NEWPORT BEACH APPROVED AS TO FORM: By:�— Aa on C. Harp, City Attorney W Leilani Browh, City Clerk r�tr�oR� Attachment: Exhibit A — Salary Schedule NBFA Side Letter Agreement — July 2023 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Fire Captain 112 35 1 $ 33.23 $ 8,064 $ 96,766 Fire Captain 112 35 2 $ 34.90 $ 8,468 $ 101,615 Fire Captain 112 35 3 $ 36.65 $ 8,893 $ 106,717 Fire Captain 112 35 4 $ 38.47 $ 9,336 $ 112,036 Fire Captain 112 35 5 $ 40.40 $ 9,804 $ 117,645 Fire Captain 112 35 6 $ 42.41 $ 10,292 $ 123,508 Fire Captain 112 35 7 $ 44.54 $ 10,808 $ 129,696 Fire Captain 112 35 8 $ 46.76 $ 11,348 $ 136,173 Fire Captain 112 35 9 $ 49.10 $ 11,915 $ 142,982 Fire Captain 80 65 1 $ 46.53 $ 8,064 $ 96,772 Fire Captain 80 65 2 $ 48.86 $ 8,468 $ 101,619 Fire Captain 80 65 3 $ 51.31 $ 8,893 $ 106,720 Fire Captain 80 65 4 $ 53.86 $ 9,336 $ 112,031 Fire Captain 80 65 5 $ 56.56 $ 9,804 $ 117,643 Fire Captain 80 65 6 $ 59.35 $ 10,287 $ 123,440 Fire Captain 80 65 7 $ 62.36 $ 10,809 $ 129,702 Fire Captain 80 65 8 $ 65.47 $ 11,348 $ 136,172 Fire Captain 80 65 9 $ 68.74 $ 11,915 $ 142,980 Fire Captain, Staff EMS/Training 95 1 $ 50.01 $ 8,669 $ 104,030 Fire Captain, Staff EMS/Training 95 2 $ 52.52 $ 9,103 $ 109,231 Fire Captain, Staff EMS/Training 95 3 $ 55.14 $ 9,558 $ 114,693 Fire Captain, Staff EMS/Training 95 4 $ 57.90 $ 10,036 $ 120,427 Fire Captain, Staff EMS/Training 95 5 $ 60.79 $ 10,537 $ 126,449 Fire Captain, Staff EMS/Training 95 6 $ 63.83 $ 11,064 $ 132,771 Fire Captain, Staff EMS/Training 95 7 $ 67.02 $ 11,617 $ 139,410 Fire Captain, Staff EMS/Training 95 8 $ 70.38 $ 12,198 $ 146,380 Fire Captain, Staff EMS/Training 95 9 $ 73.89 $ 12,808 $ 153,699 Fire Engineer 112 15 1 $ 28.31 $ 6,870 $ 82,435 Fire Engineer 112 15 2 $ 29.73 $ 7,213 $ 86,560 Fire Engineer 112 15 3 $ 31.20 $ 7,572 $ 90,867 Fire Engineer 112 15 4 $ 32.77 $ 7,952 $ 95,426 Fire Engineer 112 15 5 $ 34.41 $ 8,350 $ 100,202 Fire Engineer 112 15 6 $ 36.13 $ 8,766 $ 105,196 Fire Engineer 112 15 7 $ 37.93 $ 9,204 $ 110,444 Fire Engineer 112 15 8 $ 39.83 $ 9,665 $ 115,981 Fire Engineer 112 15 9 $ 41.82 $ 10,148 $ 121,780 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Fire Engineer 80 15A 1 $ 39.63 $ 6,870 $ 82,435 Fire Engineer 80 15A 2 $ 41.62 $ 7,213 $ 86,560 Fire Engineer 80 15A 3 $ 43.69 $ 7,572 $ 90,866 Fire Engineer 80 15A 4 $ 45.88 $ 7,952 $ 95,426 Fire Engineer 80 15A 5 $ 48.17 $ 8,350 $ 100,202 Fire Engineer 80 15A 6 $ 50.80 $ 8,805 $ 105,660 Fire Engineer 80 15A 7 $ 53.10 $ 9,204 $ 110,444 Fire Engineer 80 15A 8 $ 55.76 $ 9,665 $ 115,981 Fire Engineer 80 15A 9 $ 58.55 $ 10,148 $ 121,780 Fire Services Coordinator 01 1 $ 33.01 $ 5,721 $ 68,652 Fire Services Coordinator 01 2 $ 34.65 $ 6,005 $ 72,064 Fire Services Coordinator 01 3 $ 36.39 $ 6,307 $ 75,683 Fire Services Coordinator 01 4 $ 38.21 $ 6,624 $ 79,483 Fire Services Coordinator 01 5 $ 40.13 $ 6,955 $ 83,464 Fire Services Coordinator 01 6 $ 42.14 $ 7,304 $ 87,651 Fire Services Coordinator 01 7 $ 44.25 $ 7,670 $ 92,045 Fire Services Coordinator 01 8 $ 46.46 $ 8,054 $ 96,646 Fire Services Coordinator 01 9 $ 48.79 $ 8,457 $ 101,478 Firefighter 112 05 0 $ 23.99 $ 5,822 $ 69,858 Firefighter 112 05 1 $ 25.19 $ 6,113 $ 73,352 Firefighter 112 05 2 $ 26.44 $ 6,417 $ 77,006 Firefighter 112 05 3 $ 27.77 $ 6,740 $ 80,878 Firefighter 112 05 4 $ 29.15 $ 7,075 $ 84,895 Firefighter 112 05 5 $ 30.62 $ 7,430 $ 89,166 Firefighter 112 05 6 $ 32.15 $ 7,801 $ 93,616 Firefighter 112 05 7 $ 33.75 $ 8,190 $ 98,285 Firefighter 112 05 8 $ 35.44 $ 8,601 $ 103,206 Firefighter 112 05 9 $ 37.21 $ 9,031 $ 108,367 Firefighter 80 06 0 $ 33.59 $ 5,822 $ 69,864 Firefighter 80 06 1 $ 35.27 $ 6,113 $ 73,357 Firefighter 80 06 2 $ 37.02 $ 6,417 $ 77,002 Firefighter 80 06 3 $ 38.88 $ 6,740 $ 80,878 Firefighter 80 06 4 $ 40.81 $ 7,074 $ 84,885 Firefighter 80 06 5 $ 42.87 $ 7,431 $ 89,176 Firefighter 80 06 6 $ 45.01 $ 7,802 $ 93,622 Firefighter 80 06 7 $ 47.25 $ 8,190 $ 98,274 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 -December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Firefighter 80 06 8 $ 49.62 $ 8,601 $ 103,211 Firefighter 80 06 9 $ 52.10 $ 9,031 $ 108,372 Firefighter Paramedic 1122 25 1 $ 30.84 $ 7,485 $ 89,818 Firefighter Paramedic 1122 25 2 $ 32.38 $ 7,859 $ 94,304 Firefighter Paramedic 1122 25 3 $ 34.00 $ 8,251 $ 99,009 Firefighter Paramedic 1122 25 4 $ 35.70 $ 8,664 $ 103,966 Firefighter Paramedic 1122 25 5 $ 37.48 $ 9,095 $ 109,141 ' Firefighter Paramedic 1122 25 6 $ 39.36 $ 9,550 $ 114,605 Firefighter Paramedic 1122 25 7 $ 41.33 $ 10,030 $ 120,359 Firefighter Paramedic 1122 25 8 $ 43.39 $ 10,530 $ 126,366 Firefighter Paramedic 1122 25 9 $ 45.56 $ 11,057 $ 132,684 Firefighter Paramedic 1123 27 1 $ 29.53 $ 7,167 $ 86,005 Firefighter Paramedic 1123 27 2 $ 31.01 $ 7,525 $ 90,305 Firefighter Paramedic 1123 27 3 $ 32.56 $ 7,902 $ 94,820 Firefighter Paramedic 1123 27 4 $ 34.19 $ 8,297 $ 99,562 Firefighter Paramedic 1123 27 5 $ 35.90 $ 8,712 $ 104,540 Firefighter Paramedic 1123 27 6 $ 37.69 $ 9,147 $ 109,767 Firefighter Paramedic 1123 27 7 $ 39.58 $ 9,605 $ 115,255 Firefighter Paramedic 1123 27 8 $ 41.56 $ 10,085 $ 121,018 Firefighter Paramedic 1123 27 9 $ 43.64 $ 10,589 $ 127,068 Firefighter Paramedic 802 26 1 $ 43.18 $ 7,485 $ 89,817 Firefighter Paramedic 802 26 2 $ 45.34 $ 7,859 $ 94,304 Firefighter Paramedic 802 26 3 $ 47.60 $ 8,251 $ 99,009 Firefighter Paramedic 802 26 4 $ 49.98 $ 8,664 $ 103,966 Firefighter Paramedic 802 26 5 $ 52.47 $ 9,095 $ 109,141 Firefighter Paramedic 802 26 6 $ 55.10 $ 9,550 $ 114,605 Firefighter Paramedic 802 26 7 $ 57.86 $ 10,030 $ 120,359 Firefighter Paramedic 802 26 8 $ 60.75 $ 10,530 $ 126,366 Firefighter Paramedic 802 26 9 $ 63.79 $ 11,057 $ 132,684 Firefighter Paramedic 803 28 1 $ 41.35 $ 7,168 $ 86,011 Firefighter Paramedic 803 28 2 $ 43.42 $ 7,526 $ 90,312 Firefighter Paramedic 803 28 3 $ 45.59 $ 7,902 $ 94,828 Firefighter Paramedic 803 28 4 $ 47.87 $ 8,297 $ 99,569 Firefighter Paramedic 803 28 5 $ 50.26 $ 8,712 $ 104,547 Firefighter Paramedic 803 28 6 $ 52.78 $ 9,148 $ 109,775 Firefighter Paramedic 803 28 7 $ 55.42 $ 9,605 $ 115,263 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Firefighter Paramedic 803 28 8 $ 58.19 $ 10,086 $ 121,027 Firefighter Paramedic 803 28 9 $ 61.10 $ 10,590 $ 127,078 Life Safety Specialist 1 02 1 $ 37.75 $ 6,544 $ 78,527 Life Safety Specialist 1 02 2 $ 39.64 $ 6,871 $ 82,456 Life Safety Specialist 1 02 3 $ 41.62 $ 7,214 $ 86,565 Life Safety Specialist 1 02 4 $ 43.71 $ 7,576 $ 90,908 Life Safety Specialist 1 02 5 $ 45.89 $ 7,955 $ 95,457 Life Safety Specialist 1 02 6 $ 48.18 $ 8,351 $ 100,213 Life Safety Specialist 1 02 7 $ 50.59 $ 8,769 $ 105,227 Life Safety Specialist 1 02 8 $ 53.13 $ 9,208 $ 110,501 Life Safety Specialist 1 02 9 $ 55.78 $ 9,669 $ 116,026 Life Safety Specialist 11 47 1 $ 41.54 $ 7,201 $ 86,410 Life Safety Specialist II 47 2 $ 43.63 $ 7,563 $ 90,753 Life Safety Specialist 11 47 3 $ 45.81 $ 7,940 $ 95,276 Life Safety Specialist II 47 4 $ 48.09 $ 8,336 $ 100,032 Life Safety Specialist II 47 5 $ 50.50 $ 8,754 $ 105,047 Life Safety Specialist II 47 6 $ 53.03 $ 9,191 $ 110,294 Life Safety Specialist 11 47 7 $ 55.67 $ 9,650 $ 115,800 Life Safety Specialist II 47 8 $ 58.47 $ 10,135 $ 121,616 Life Safety Specialist II 47 9 $ 61.39 $ 10,641 $ 127,696 Life Safety Specialist III 75 1 $ 45.68 $ 7,918 $ 95,018 Life Safety Specialist III 75 2 $ 47.97 $ 8,314 $ 99,774 Life Safety Specialist III 75 3 $ 50.37 $ 8,730 $ 104,762 Life Safety Specialist III 75 4 $ 52.89 $ 9,167 $ 110,010 Life Safety Specialist 111 75 5 $ 55.54 $ 9,626 $ 115,515 Life Safety Specialist 111 75 6 $ 58.31 $ 10,107 $ 121,279 Life Safety Specialist III 75 7 $ 61.23 $ 10,613 $ 127,353 Life Safety Specialist III 75 8 $ 64.28 $ 11,143 $ 133,713 Life Safety Specialist III 75 9 $ 67.50 $ 11,700 $ 140,398 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. z Hired before January 1, 2016 3 Hired on/after January 1, 2016 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Fire Captain 112 35 1 $ 34.25 $ 8,311 $ 99,728 Fire Captain 112 35 2 $ 35.96 $ 8,726 $ 104,715 Fire Captain 112 35 3 $ 37.76 $ 9,163 $ 109,950 Fire Captain 112 35 4 $ 39.65 $ 9,621 $ 115,448 Fire Captain 112 35 5 $ 41.63 $ 10,102 $ 121,220 Fire Captain 112 35 6 $ 43.71 $ 10,607 $ 127,281 Fire Captain 112 35 7 $ 45.89 $ 11,137 $ 133,646 Fire Captain 112 35 8 $ 48.19 $ 11,694 $ 140,328 Fire Captain 112 35 9 $ 50.60 $ 12,279 $ 147,344 Fire Captain 80 65 1 $ 47.95 $ 8,311 $ 99,736 Fire Captain 80 65 2 $ 50.37 $ 8,732 $ 104,779 Fire Captain 80 65 3 $ 52.86 $ 9,163 $ 109,959 Fire Captain 80 65 4 $ 55.51 $ 9,621 $ 115,457 Fire Captain 80 65 5 $ 58.28 $ 10,102 $ 121,229 Fire Captain 80 65 6 $ 61.20 $ 10,608 $ 127,291 Fire Captain 80 65 7 $ 64.26 $ 11,138 $ 133,656 Fire Captain 80 65 8 $ 67.47 $ 11,695 $ 140,338 Fire Captain 80 65 9 $ 70.84 $ 12,280 $ 147,355 Fire Captain, Staff EMS/Training 95 1 $ 51.55 $ 8,935 $ 107,216 Fire Captain, Staff EMS/Training 95 2 $ 54.12 $ 9,381 $ 112,577 Fire Captain, Staff EMS/Training 95 3 $ 56.83 $ 9,850 $ 118,206 Fire Captain, Staff EMS/Training 95 4 $ 59.67 $ 10,343 $ 124,116 Fire Captain, Staff EMS/Training 95 5 $ 62.65 $ 10,860 $ 130,322 Fire Captain, Staff EMS/Training 95 6 $ 65.79 $ 11,403 $ 136,838 Fire Captain, Staff EMS/Training 95 7 $ 69.08 $ 11,973 $ 143,680 Fire Captain, Staff EMS/Training 95 8 $ 72.53 $ 12,572 $ 150,864 Fire Captain, Staff EMS/Training 95 9 $ 76.16 $ 13,201 $ 158,407 Fire Engineer 112 15 1 $ 29.19 $ 7,083 $ 84,996 Fire Engineer 112 15 2 $ 30.65 $ 7,437 $ 89,246 Fire Engineer 112 15 3 $ 32.18 $ 7,809 $ 93,708 Fire Engineer 112 15 4 $ 33.79 $ 8,199 $ 98,393 Fire Engineer 112 15 5 $ 35.48 $ 8,609 $ 103,313 Fire Engineer 112 15 6 $ 37.25 $ 9,040 $ 108,478 Fire Engineer 112 15 7 $ 39.11 $ 9,492 $ 113,903 Fire Engineer 112 15 8 $ 41.07 $ 9,966 $ 119,598 Fire Engineer 112 15 9 $ 43.12 $ 10,465 $ 125,577 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Fire Engineer 80 15A 1 $ 40.87 $ 7,084 $ 85,002 Fire Engineer 80 15A 2 $ 42.91 $ 7,438 $ 89,252 Fire Engineer 80 15A 3 $ 45.06 $ 7,810 $ 93,715 Fire Engineer 80 15A 4 $ 47.31 $ 8,200 $ 98,400 Fire Engineer 80 15A 5 $ 49.67 $ 8,610 $ 103,321 Fire Engineer 80 15A 6 $ 52.16 $ 9,041 $ 108,487 Fire Engineer 80 15A 7 $ 54.76 $ 9,493 $ 113,911 Fire Engineer 80 15A 8 $ 57.50 $ 9,967 $ 119,606 Fire Engineer 80 15A 9 $ 60.38 $ 10,466 $ 125,587 Fire Services Coordinator 01 1 $ 34.00 $ 5,893 $ 70,712 Fire Services Coordinator 01 2 $ 35.69 $ 6,186 $ 74,226 Fire Services Coordinator 01 3 $ 37.48 $ 6,496 $ 77,954 Fire Services Coordinator 01 4 $ 39.36 $ 6,822 $ 81,868 Fire Services Coordinator 01 5 $ 41.33 $ 7,164 $ 85,967 Fire Services Coordinator 01 6 $ 43.40 $ 7,523 $ 90,281 Fire Services Coordinator 01 7 $ 45.58 $ 7,901 $ 94,806 Fire Services Coordinator 01 8 $ 47.86 $ 8,295 $ 99,545 Fire Services Coordinator 01 9 $ 50.25 $ 8,710 $ 104,522 Firefighter 112 05 0 $ 24.71 $ 5,996 $ 71,954 Firefighter 112 05 1 $ 25.95 $ 6,296 $ 75,552 Firefighter 112 05 2 $ 27.24 $ 6,611 $ 79,329 Firefighter 112 05 3 $ 28.60 $ 6,941 $ 83,296 Firefighter 112 05 4 $ 30.03 $ 7,288 $ 87,461 Firefighter 112 05 5 $ 31.54 $ 7,653 $ 91,834 Firefighter 112 05 6 $ 33.11 $ 8,035 $ 96,425 Firefighter 112 05 7 $ 34.77 $ 8,437 $ 101,247 Firefighter 112 05 8 $ 36.51 $ 8,859 $ 106,309 Firefighter 112 05 9 $ 38.33 $ 9,302 $ 111,624 Firefighter 80 06 0 $ 34.60 $ 5,997 $ 71,959 Firefighter 80 06 1 $ 36.33 $ 6,296 $ 75,557 Firefighter 80 06 2 $ 38.14 $ 6,611 $ 79,335 Firefighter 80 06 3 $ 40.05 $ 6,942 $ 83,302 Firefighter 80 06 4 $ 42.05 $ 7,289 $ 87,467 Firefighter 80 06 5 $ 44.15 $ 7,653 $ 91,841 Firefighter 80 06 6 $ 46.36 $ 8,036 $ 96,433 Firefighter 80 06 7 $ 48.68 $ 8,438 $ 101,254 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Firefighter 80 06 8 $ 51.11 $ 8,860 $ 106,317 Firefighter 80 06 9 $ 53.67 $ 9,303 $ 111,633 Firefighter Paramedic 1122 25 1 $ 31.72 $ 7,697 $ 92,362 Firefighter Paramedic 1122 25 2 $ 33.30 $ 8,082 $ 96,980 Firefighter Paramedic 1122 25 3 $ 34.97 $ 8,486 $ 101,829 Firefighter Paramedic 1122 25 4 $ 36.72 $ 8,910 $ 106,921 Firefighter Paramedic 1122 25 5 $ 38.55 $ 9,356 $ 112,267 Firefighter Paramedic 1122 25 6 $ 40.48 $ 9,823 $ 117,880 Firefighter Paramedic 1122 25 7 $ 42.50 $ 10,315 $ 123,774 Firefighter Paramedic 1122 25 8 $ 44.63 $ 10,830 $ 129,963 Firefighter Paramedic 1122 25 9 $ 46.86 $ 11,372 $ 136,461 Firefighter Paramedic 1123 27 1 $ 30.42 $ 7,382 $ 88,584 Firefighter Paramedic 1123 27 2 $ 31.94 $ 7,751 $ 93,014 Firefighter Paramedic 1123 27 3 $ 33.54 $ 8,139 $ 97,664 Firefighter Paramedic 1123 27 4 $ 35.22 $ 8,546 $ 102,548 Firefighter Paramedic 1123 27 5 $ 36.98 $ 8,973 $ 107,675 Firefighter Paramedic 1123 27 6 $ 38.83 $ 9,422 $ 113,059 Firefighter Paramedic 1123 27 7 $ 40.77 $ 9,893 $ 118,712 Firefighter Paramedic 1123 27 8 $ 42.80 $ 10,387 $ 124,647 Firefighter Paramedic 1123 27 9 $ 44.94 $ 10,907 $ 130,880 Firefighter Paramedic 802 26 1 $ 44.41 $ 7,697 $ 92,369 Firefighter Paramedic 802 26 2 $ 46.63 $ 8,082 $ 96,987 Firefighter Paramedic 802 26 3 $ 48.96 $ 8,486 $ 101,837 Firefighter Paramedic 802 26 4 $ 51.41 $ 8,911 $ 106,929 Firefighter Paramedic 802 26 5 $ 53.98 $ 9,356 $ 112,275 Firefighter Paramedic 802 26 6 $ 56.68 $ 9,824 $ 117,889 Firefighter Paramedic 802 26 7 $ 59.51 $ 10,315 $ 123,783 Firefighter Paramedic 802 26 8 $ 62.49 $ 10,831 $ 129,972 Firefighter Paramedic 802 26 9 $ 65.61 $ 11,373 $ 136,471 Firefighter Paramedic 803 28 1 $ 42.59 $ 7,383 $ 88,591 Firefighter Paramedic 803 28 2 $ 44.72 $ 7,752 $ 93,021 Firefighter Paramedic 803 28 3 $ 46.96 $ 8,139 $ 97,672 Firefighter Paramedic 803 28 4 $ 49.31 $ 8,546 $ 102,555 Firefighter Paramedic 803 28 5 $ 51.77 $ 8,974 $ 107,683 Firefighter Paramedic 803 28 6 $ 54.36 $ 9,422 $ 113,067 Firefighter Paramedic 803 28 7 $ 57.08 $ 9,893 $ 118,721 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA) Firefighter Paramedic 803 28 8 $ 59.93 $ 10,388 $ 124,657 Firefighter Paramedic 803 28 9 $ 62.93 $ 10,907 $ 130,889 Life Safety Specialist 1 02 1 $ 38.89 $ 6,740 $ 80,882 Life Safety Specialist 1 02 2 $ 40.83 $ 7,077 $ 84,930 Life Safety Specialist 1 02 3 $ 42.87 $ 7,430 $ 89,162 Life Safety Specialist 1 02 4 $ 45.02 $ 7,803 $ 93,635 Life Safety Specialist 1 02 5 $ 47.27 $ 8,193 $ 98,321 Life Safety Specialist 1 02 6 $ 49.62 $ 8,602 $ 103,220 Life Safety Specialist 1 02 7 $ 52.11 $ 9,032 $ 108,384 Life Safety Specialist 1 02 8 $ 54.72 $ 9,485 $ 113,816 Life Safety Specialist 1 02 9 $ 57.46 $ 9,959 $ 119,506 Life Safety Specialist II 47 1 $ 42.79 $ 7,417 $ 89,002 Life Safety Specialist II 47 2 $ 44.94 $ 7,790 $ 93,475 Life Safety Specialist II 47 3 $ 47.18 $ 8,178 $ 98,135 Life Safety Specialist II 47 4 $ 49.54 $ 8,586 $ 103,033 Life Safety Specialist II 47 5 $ 52.02 $ 9,017 $ 108,198 Life Safety Specialist II 47 6 $ 54.62 $ 9,467 $ 113,602 Life Safety Specialist II 47 7 $ 57.34 $ 9,939 $ 119,274 Life Safety Specialist 11 47 8 $ 60.22 $ 10,439 $ 125,264 Life Safety Specialist II 47 9 $ 63.23 $ 10,961 $ 131,527 Life Safety Specialist III 75 1 $ 47.05 $ 8,156 $ 97,868 Life Safety Specialist 111 75 2 $ 49.41 $ 8,564 $ 102,767 Life Safety Specialist III 75 3 $ 51.88 $ 8,992 $ 107,905 Life Safety Specialist III 75 4 $ 54.48 $ 9,442 $ 113,310 Life Safety Specialist III 75 5 $ 57.20 $ 9,915 $ 118,981 Life Safety Specialist III 75 6 $ 60.06 $ 10,410 $ 124,918 Life Safety Specialist III 75 7 $ 63.06 $ 10,931 $ 131,174 Life Safety Specialist 111 75 8 $ 66.21 $ 11,477 $ 137,724 Life Safety Specialist III 75 9 $ 69.52 $ 12,051 $ 144,610 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rate may vary slightly due to rounding. z Hired before January 1, 2016 3 Hired on/after January 1, 2016 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA) Fire Captain 112 35 1 $ 35.27 $ 8,560 $ 102,720 Fire Captain 112 35 2 $ 37.04 $ 8,988 $ 107,856 Fire Captain 112 35 3 $ 38.89 $ 9,437 $ 113,249 Fire Captain 112 35 4 $ 40.84 $ 9,909 $ 118,912 Fire Captain 112 35 5 $ 42.88 $ 10,405 $ 124,857 Fire Captain 112 35 6 $ 45.02 $ 10,925 $ 131,100 Fire Captain 112 35 7 $ 47.27 $ 11,471 $ 137,655 Fire Captain 112 35 8 $ 49.64 $ 12,045 $ 144,538 Fire Captain 112 35 9 $ 52.12 $ 12,647 $ 151,764 Fire Captain 80 65 1 $ 49.39 $ 8,561 $ 102,728 Fire Captain 80 65 2 $ 51.89 $ 8,994 $ 107,922 Fire Captain 80 65 3 $ 54.45 $ 9,438 $ 113,257 Fire Captain 80 65 4 $ 57.17 $ 9,910 $ 118,920 Fire Captain 80 65 5 $ 60.03 $ 10,406 $ 124,866 Fire Captain 80 65 6 $ 63.03 $ 10,926 $ 131,110 Fire Captain 80 65 7 $ 66.19 $ 11,472 $ 137,665 Fire Captain 80 65 8 $ 69.49 $ 12,046 $ 144,549 Fire Captain 80 65 9 $ 72.97 $ 12,648 $ 151,776 Fire Captain, Staff EMS/Training 95 1 $ 53.09 $ 9,203 $ 110,433 Fire Captain, Staff EMS/Training 95 2 $ 55.75 $ 9,663 $ 115,954 Fire Captain, Staff EMS/Training 95 3 $ 58.53 $ 10,146 $ 121,752 Fire Captain, Staff EMS/Training 95 4 $ 61.46 $ 10,653 $ 127,839 Fire Captain, Staff EMS/Training 95 5 $ 64.53 $ 11,186 $ 134,231 Fire Captain, Staff EMS/Training 95 6 $ 67.76 $ 11,745 $ 140,943 Fire Captain, Staff EMS/Training 95 7 $ 71.15 $ 12,333 $ 147,990 Fire Captain, Staff EMS/Training 95 8 $ 74.71 $ 12,949 $ 155,390 Fire Captain, Staff EMS/Training 95 9 $ 78.44 $ 13,597 $ 163,159 Fire Engineer 112 15 1 $ 30.06 $ 7,295 $ 87,545 Fire Engineer 112 15 2 $ 31.57 $ 7,660 $ 91,923 Fire Engineer 112 15 3 $ 33.15 $ 8,043 $ 96,519 Fire Engineer 112 15 4 $ 34.80 $ 8,445 $ 101,345 Fire Engineer 112 15 5 $ 36.54 $ 8,868 $ 106,412 Fire Engineer 112 15 6 $ 38.37 $ 9,311 $ 111,733 Fire Engineer 112 15 7 $ 40.29 $ 9,777 $ 117,320 Fire Engineer 112 15 8 $ 42.30 $ 10,265 $ 123,185 Fire Engineer 112 15 9 $ 44.42 $ 10,779 $ 129,345 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA) Fire Engineer 80 15A 1 $ 42.09 $ 7,296 $ 87,552 Fire Engineer 80 15A 2 $ 44.20 $ 7,661 $ 91,930 Fire Engineer 80 15A 3 $ 46.41 $ 8,044 $ 96,526 Fire Engineer 80 15A 4 $ 48.73 $ 8,446 $ 101,352 Fire Engineer 80 15A 5 $ 51.16 $ 8,868 $ 106,420 Fire Engineer 80 15A 6 $ 53.72 $ 9,312 $ 111,741 Fire Engineer 80 15A 7 $ 56.41 $ 9,777 $ 117,328 Fire Engineer 80 15A 8 $ 59.23 $ 10,266 $ 123,195 Fire Engineer 80 15A 9 $ 62.19 $ 10,780 $ 129,354 Fire Services Coordinator 01 1 $ 35.02 $ 6,069 $ 72,833 Fire Services Coordinator 01 2 $ 36.76 $ 6,371 $ 76,453 Fire Services Coordinator 01 3 $ 38.60 $ 6,691 $ 80,292 Fire Services Coordinator 01 4 $ 40.54 $ 7,027 $ 84,324 Fire Services Coordinator 01 5 $ 42.57 $ 7,379 $ 88,546 Fire Services Coordinator 01 6 $ 44.71 $ 7,749 $ 92,989 Fire Services Coordinator 01 7 $ 46.95 $ 8,138 $ 97,651 Fire Services Coordinator 01 8 $ 49.29 $ 8,544 $ 102,532 Fire Services Coordinator 01 9 $ 51.76 $ 8,972 $ 107,658 Firefighter 112 05 0 $ 25.45 $ 6,176 $ 74,113 Firefighter 112 05 1 $ 26.72 $ 6,485 $ 77,819 Firefighter 112 05 2 $ 28.06 $ 6,809 $ 81,709 Firefighter 112 05 3 $ 29.46 $ 7,150 $ 85,795 Firefighter 112 05 4 $ 30.94 $ 7,507 $ 90,084 Firefighter 112 05 5 $ 32.48 $ 7,882 $ 94,589 Firefighter 112 05 6 $ 34.11 $ 8,277 $ 99,318 Firefighter 112 05 7 $ 35.81 $ 8,690 $ 104,284 Firefighter 112 05 8 $ 37.60 $ 9,125 $ 109,498 Firefighter 112 05 9 $ 39.48 $ 9,581 $ 114,973 Firefighter 80 06 0 $ 35.63 $ 6,177 $ 74,118 Firefighter 80 06 1 $ 37.42 $ 6,485 $ 77,824 Firefighter 80 06 2 $ 39.29 $ 6,810 $ 81,716 Firefighter 80 06 3 $ 41.25 $ 7,150 $ 85,801 Firefighter 80 06 4 $ 43.31 $ 7,508 $ 90,091 Firefighter 80 06 5 $ 45.48 $ 7,883 $ 94,596 Firefighter 80 06 6 $ 47.75 $ 8,277 $ 99,326 Firefighter 80 06 7 $ 50.14 $ 8,691 $ 104,292 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA) Firefighter 80 06 8 $ 52.65 $ 9,126 $ 109,506 Firefighter 80 06 9 $ 55.28 $ 9,582 $ 114,982 Firefighter Paramedic 1122 25 1 $ 32.67 $ 7,928 $ 95,133 Firefighter Paramedic 1122 25 2 $ 34.30 $ 8,324 $ 99,889 Firefighter Paramedic 1122 25 3 $ 36.02 $ 8,740 $ 104,884 Firefighter Paramedic 1122 25 4 $ 37.82 $ 9,177 $ 110,128 Firefighter Paramedic 1122 25 5 $ 39.71 $ 9,636 $ 115,635 Firefighter Paramedic 1122 25 6 $ 41.70 $ 10,118 $ 121,416 Firefighter Paramedic 1122 25 7 $ 43.78 $ 10,624 $ 127,487 Firefighter Paramedic 1122 25 8 $ 45.97 $ 11,155 $ 133,862 Firefighter Paramedic 1122 25 9 $ 48.27 $ 11,713 $ 140,554 Firefighter Paramedic 1123 27 1 $ 31.33 $ 7,603 $ 91,242 Firefighter Paramedic 1123 27 2 $ 32.90 $ 7,984 $ 95,804 Firefighter Paramedic 1123 27 3 $ 34.54 $ 8,383 $ 100,594 Firefighter Paramedic 1123 27 4 $ 36.27 $ 8,802 $ 105,624 Firefighter Paramedic 1123 27 5 $ 38.09 $ 9,242 $ 110,905 Firefighter Paramedic 1123 27 6 $ 39.99 $ 9,704 $ 116,451 Firefighter Paramedic 1123 27 7 $ 41.99 $ 10,189 $ 122,273 Firefighter Paramedic 1123 27 8 $ 44.09 $ 10,699 $ 128,387 Firefighter Paramedic 1123 27 9 $ 46.29 $ 11,234 $ 134,806 Firefighter Paramedic 802 26 1 $ 45.74 $ 7,928 $ 95,140 Firefighter Paramedic 802 26 2 $ 48.03 $ 8,325 $ 99,897 Firefighter Paramedic 802 26 3 $ 50.43 $ 8,741 $ 104,892 Firefighter Paramedic 802 26 4 $ 52.95 $ 9,178 $ 110,136 Firefighter Paramedic 802 26 5 $ 55.60 $ 9,637 $ 115,643 Firefighter Paramedic 802 26 6 $ 58.38 $ 10,119 $ 121,425 Firefighter Paramedic 802 26 7 $ 61.30 $ 10,625 $ 127,497 Firefighter Paramedic 802 26 8 $ 64.36 $ 11,156 $ 133,872 Firefighter Paramedic 802 26 9 $ 67.58 $ 11,714 $ 140,565 Firefighter Paramedic 803 28 1 $ 43.87 $ 7,604 $ 91,249 Firefighter Paramedic 803 28 2 $ 46.06 $ 7,984 $ 95,811 Firefighter Paramedic 803 28 3 $ 48.37 $ 8,383 $ 100,602 Firefighter Paramedic 803 28 4 $ 50.78 $ 8,803 $ 105,632 Firefighter Paramedic 803 28 5 $ 53.32 $ 9,243 $ 110,914 Firefighter Paramedic 803 28 6 $ 55.99 $ 9,705 $ 116,459 Firefighter Paramedic 803 28 7 $ 58.79 $ 10,190 $ 122,282 EXHIBIT G: Side Letter of Agreement Between the City and NBFA The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA) Firefighter Paramedic 803 28 8 $ 61.73 $ 10,700 $ 128,396 Firefighter Paramedic 803 28 9 $ 64.82 $ 11,235 $ 134,816 Life Safety Specialist 1 02 1 $ 40.05 $ 6,942 $ 83,309 Life Safety Specialist 1 02 2 $ 42.06 $ 7,290 $ 87,477 Life Safety Specialist 1 02 3 $ 44.15 $ 7,653 $ 91,837 Life Safety Specialist 1 02 4 $ 46.37 $ 8,037 $ 96,444 Life Safety Specialist 1 02 5 $ 48.69 $ 8,439 $ 101,271 Life Safety Specialist 1 02 6 $ 51.11 $ 8,860 $ 106,316 Life Safety Specialist 1 02 7 $ 53.67 $ 9,303 $ 111,636 Life Safety Specialist 1 02 8 $ 56.36 $ 9,769 $ 117,230 Life Safety Specialist 1 02 9 $ 59.18 $ 10,258 $ 123,092 Life Safety Specialist II 47 1 $ 44.07 $ 7,639 $ 91,672 Life Safety Specialist II 47 2 $ 46.29 $ 8,023 $ 96,279 Life Safety Specialist II 47 3 $ 48.60 $ 8,423 $ 101,079 Life Safety Specialist II 47 4 $ 51.02 $ 8,844 $ 106,125 Life Safety Specialist II 47 5 $ 53.58 $ 9,287 $ 111,444 Life Safety Specialist II 47 6 $ 56.26 $ 9,751 $ 117,010 Life Safety Specialist II 47 7 $ 59.06 $ 10,238 $ 122,852 Life Safety Specialist II 47 8 $ 62.03 $ 10,752 $ 129,022 Life Safety Specialist II 47 9 $ 65.13 $ 11,289 $ 135,473 Life Safety Specialist III 75 1 $ 48.46 $ 8,400 $ 100,804 Life Safety Specialist 111 75 2 $ 50.89 $ 8,821 $ 105,850 Life Safety Specialist III 75 3 $ 53.43 $ 9,262 $ 111,142 Life Safety Specialist III 75 4 $ 56.11 $ 9,726 $ 116,709 Life Safety Specialist III 75 5 $ 58.92 $ 10,213 $ 122,550 Life Safety Specialist III 75 6 $ 61.86 $ 10,722 $ 128,665 Life Safety Specialist III 75 7 $ 64.96 $ 11,259 $ 135,109 Life Safety Specialist III 75 8 $ 68.20 $ 11,821 $ 141,856 Life Safety Specialist III 75 9 $ 71.61 $ 12,412 $ 148,948 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. z Hired before January 1, 2016 3 Hired on/after January 1, 2016 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this 2 9 day of kip EYY113ea,. 2022, by and between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("NBFA") (collectively "Parties") with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-130 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022, through December 31, 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.A.2. Fringe Benefits, Insurance, Medical Insurance, of the MOU is amended to read as follows: 2. Medical Insurance Current Language: The City's monthly contribution towards the Cafeteria Plan is $1,824.00 (plus the minimum Ca1PERS participating employee's contribution). Amended Language: The City's monthly contribution towards the Cafeteria Plan is $1,824.00 (plus the minimum Ca1PERS participating employer's contribution). Temporary Increase. Effective the pay period that includes January 1, 2023, the City's monthly contribution towards the Cafeteria Plan increases to $1,924.00 (plus the minimum Ca1PERS participating employer's contribution). Effective the pay period that includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan decreases to $1,824.00 (plus the minimum Ca1PERS participating employer's 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 NBFA Side Letter Agreement Page 1 of 2 Executed this day of ,oV OVeAke', 2022 ATTEST: By: FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION: By: Bobby Salerno, President FOR THE CITY OF WP • ' T BEAC By: Kevin Mul.,s:n, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney Leilani Brow,/ ity Clerk NBFA Side Letter Agreement Page 2 of 2 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this 23 day of Anous'r 2022, by and between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-130 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022, through December 31, 2025; WHEREAS, given increases in the Cost -of -Living 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. Section 2, Compensation, Subsection A, Salary Adjustments — this MOU Period, of the MOU is amended to read as follows: Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the pay period following January 1, 2022, there shall be a base salary increase of two percent (2.0%) for all represented classifications. Individuals must be employed by the City on the first day of the pay period following City Council adoption to qualify for retroactive payment of the COLA. 2. Effective the pay period following January 1, 2023, there shall be a base salary increase of three percent (3.0%) for all represented classifications. 3. Effective the pay period following January 1, 2024, there shall be a base salary increase of three percent (3.0%) for all represented classifications. 4. Effective the pay period following January 1, 2025, there shall be a base salary increase of three percent (3.0%) for all represented classifications. 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 Executed this 23 day of AUbUsr, 2022 ATTEST: By: FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION: By: no16 Z2( JA.--. Bobby Salerno, President FOR THE CITY OF NEWPORT BEACH: Kevin M on, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: r Oui ie"..."\-- Aaron C. Harp, City Attorney Leilani Brown, CitClerk Attachment: Exhibit A — Salary Schedule with Cost -of -Living Adjustment EXHIBIT A RESOLUTION NO. 2022- The City of Newport Reach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 14, 2023 - 3% Cost -of -Living Adjustment Fire Captain 112 35 1 $ 33.23 $ Fire Captain 112 35 2 $ 34.90 $ Fire Captain 112 35 3 $ 36.65 $ Fire Captain 112 35 4 $ 38.47 $ Fire Captain 112 35 5 $ 40.40 $ Fire Captain 112 35 6 $ 42.41 $ Fire Captain 112 35 7 $ 44.54 $ Fire Captain 112 35 8 $ 46.76 $ Fire Captain 80 65 1 $ 46.53 $ Fire Captain 80 65 2 $ 48.86 $ Fire Captain 80 65 3 $ 51.31 $ Fire Captain 80 65 4 $ 53.86 $ Fire Captain 80 65 5 $ 56.56 $ Fire Captain 80 65 6 $ 59.35 $ Fire Captain 80 65 7 $ 62.36 $ Fire Captain 80 65 8 $ 65.47 $ Fire Captain, Staff EMS/Training 95 1 $ 50.01 $ Fire Captain, Staff EMS/Training 95 2 $ 52.52 $ Fire Captain, Staff EMS/Training 95 3 $ 55.14 $ Fire Captain, Staff EMS/Training 95 4 $ 57.90 $ Fire Captain, Staff EMS/Training 95 5 $ 60.79 $ Fire Captain, Staff EMS/Training 95 6 $ 63.83 $ Fire Captain, Staff EMS/Training 95 7 $ 67.02 $ Fire Captain, Staff EMS/Training 95 8 $ 70.38 $ Fire Engineer 112 15 1 $ 28.31 $ Fire Engineer 112 15 2 $ 29.73 $ Fire Engineer 112 15 3 $ 31.20 $ Fire Engineer 112 15 4 $ 32.77 $ Fire Engineer 112 15 5 $ 34.41 $ Fire Engineer 112 15 6 $ 36.13 $ Fire Engineer 112 15 7 $ 37.93 $ Fire Engineer 112 15 8 $ 39.83 $ Fire Engineer 80 15A 1 $ 39.63 $ Fire Engineer 80 15A 2 $ 41.62 $ Fire Engineer 80 15A 3 $ 43.69 $ Fire Engineer 80 15A 4 $ 45.88 $ Fire Engineer 80 15A 5 $ 48.17 $ Fire Engineer 80 15A 6 $ 50.80 $ 8,064 $ 8,468 $ 8,893 $ 9,336 $ 9,804 $ 10,292 $ 10,808 $ 11,348 $ 8,064 $ 8,468 $ 8,893 $ 9,336 $ 9,804 $ 10,287 $ 10,809 $ 11,348 $ 8,669 $ 9,103 $ 9,558 $ 10,036 $ 10,537 $ 11,064 $ 11,617 $ 12,198 $ 6,870 $ 7,213 $ 7,572 $ 7,952 $ 8,350 $ 8,766 $ 9,204 $ 9,665 $ 6,870 $ 7,213 $ 7,572 $ 7,952 $ 8,350 $ 8,805 $ 96,766 101,615 106,717 112,036 117,645 123,508 129,696 136,173 96,772 101,619 106,720 112,031 117,643 123,440 129,702 136,172 104,030 109,231 114,693 120,427 126,449 132,771 139,410 146,380 82,435 86,560 90,867 95,426 100,202 105,196 110,444 115,981 82,435 86,560 90,866 95,426 100,202 105,660 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 14, 2023 - 3% Cost -of -Living Adjustment Fire Engineer 80 15A 7 $ 53.10 $ 9,204 $ 110,444 Fire Engineer 80 15A 8 $ 55.76 $ 9,665 $ 115,981 Fire Services Coordinator 01 1 $ 33.01 $ 5,721 $ 68,652 Fire Services Coordinator 01 2 $ 34.65 $ 6,005 $ 72,064 Fire Services Coordinator 01 3 $ 36.39 $ 6,307 $ 75,683 Fire Services Coordinator 01 4 $ 38.21 $ 6,624 $ 79,483 Fire Services Coordinator 01 5 $ 40.13 $ 6,955 $ 83,464 Fire Services Coordinator 01 6 $ 42.14 $ 7,304 $ 87,651 Fire Services Coordinator 01 7 $ 44.25 $ 7,670 $ 92,045 Fire Services Coordinator 01 8 $ 46.46 $ 8,054 $ 96,646 Firefighter 112 05 0 $ 23.99 $ 5,822 $ 69,858 Firefighter 112 05 1 $ 25.19 $ 6,113 $ 73,352 Firefighter 112 05 2 $ 26.44 $ 6,417 $ 77,006 Firefighter 112 05 3 $ 27.77 $ 6,740 $ 80,878 Firefighter 112 05 4 $ 29.15 $ 7,075 $ 84,895 Firefighter 112 05 5 $ 30.62 $ 7,430 $ 89,166 Firefighter 112 05 6 $ 32.15 $ 7,801 $ 93,616 Firefighter 112 05 7 $ 33.75 $ 8,190 $ 98,285 Firefighter 112 05 8 $ 35.44 $ 8,601 $ 103,206 Firefighter 80 06 0 $ 33.59 $ 5,822 $ 69,864 Firefighter 80 06 1 $ 35.27 $ 6,113 $ 73,357 Firefighter 80 06 2 $ 37.02 $ 6,417 $ 77,002 Firefighter 80 06 3 $ 38.88 $ 6,740 $ 80,878 Firefighter 80 06 4 $ 40.81 $ 7,074 $ 84,885 Firefighter 80 06 5 $ 42.87 $ 7,431 $ 89,176 Firefighter 80 06 6 $ 45.01 $ 7,802 $ 93,622 Firefighter 80 06 7 $ 47.25 $ 8,190 $ 98,274 Firefighter 80 06 8 $ 49.62 $ 8,601 $ 103,211 Firefighter Paramedic 1121 25 1 $ 30.84 $ 7,485 $ 89,818 Firefighter Paramedic 1121 25 2 $ 32.38 $ 7,859 $ 94,304 Firefighter Paramedic 1121 25 3 $ 34.00 $ 8,251 $ 99,009 Firefighter Paramedic 1121 25 4 $ 35.70 $ 8,664 $ 103,966 Firefighter Paramedic 1121 25 5 $ 37.48 $ 9,095 $ 109,141 Firefighter Paramedic 1121 25 6 $ 39.36 $ 9,550 $ 114,605 Firefighter Paramedic 1121 25 7 $ 41.33 $ 10,030 $ 120,359 Firefighter Paramedic 1121 25 8 $ 43.39 $ 10,530 $ 126,366 Firefighter Paramedic 1122 27 1 $ 29.53 $ 7,167 $ 86,005 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 14, 2023 - 3% Cost -of -Living Adjustment REPRESENTED POSITION':' OUIRLY R Firefighter Paramedic 1122 27 2 $ 31.01 $ 7,525 $ Firefighter Paramedic 1122 27 3 $ 32.56 $ 7,902 $ Firefighter Paramedic 1122 27 4 $ 34.19 $ 8,297 $ Firefighter Paramedic 1122 27 5 $ 35.90 $ 8,712 $ Firefighter Paramedic 1122 27 6 $ 37.69 $ 9,147 $ Firefighter Paramedic 1122 27 7 $ 39.58 $ 9,605 $ Firefighter Paramedic 1122 27 8 $ 41.56 $ 10,085 $ Firefighter Paramedic 801 26 1 $ 43.18 $ 7,485 $ Firefighter Paramedic 801 26 2 $ 45.34 $ 7,859 $ Firefighter Paramedic 801 26 3 $ 47.60 $ 8,251 $ Firefighter Paramedic 801 26 4 $ 49.98 $ 8,664 $ Firefighter Paramedic 801 26 5 $ 52.47 $ 9,095 $ Firefighter Paramedic 801 26 6 $ 55.10 $ 9,550 $ Firefighter Paramedic 801 26 7 $ 57.86 $ 10,030 $ Firefighter Paramedic 801 26 8 $ 60.75 $ 10,530 $ Firefighter Paramedic 802 28 1 $ 41.35 $ 7,168 $ Firefighter Paramedic 802 28 2 $ 43.42 $ 7,526 $ Firefighter Paramedic 802 28 3 $ 45.59 $ 7,902 $ Firefighter Paramedic 802 28 4 $ 47.87 $ 8,297 $ Firefighter Paramedic 802 28 5 $ 50.26 $ 8,712 $ Firefighter Paramedic 802 28 6 $ 52.78 $ 9,148 $ Firefighter Paramedic 802 28 7 $ 55.42 $ 9,605 $ Firefighter Paramedic 802 28 8 $ 58.19 $ 10,086 $ Life Safety Specialist I 02 1 $ 37.75 $ 6,544 $ Life Safety Specialist I 02 2 $ 39.64 $ 6,871 $ Life Safety Specialist I 02 3 $ 41.62 $ 7,214 $ Life Safety Specialist I 02 4 $ 43.71 $ 7,576 $ Life Safety Specialist I 02 5 $ 45.89 $ 7,955 $ Life Safety Specialist I 02 6 $ 48.18 $ 8,351 $ Life Safety Specialist I 02 7 $ 50.59 $ 8,769 $ Life Safety Specialist I 02 8 $ 53.13 $ 9,208 $ Life Safety Specialist II 47 1 $ 41.54 $ 7,201 $ Life Safety Specialist 11 47 2 $ 43.63 $ 7,563 $ Life Safety Specialist II 47 3 $ 45.81 $ 7,940 $ Life Safety Specialist II 47 4 $ 48.09 $ 8,336 $ 90,305 94,820 99,562 104,540 109,767 115,255 121,018 89,817 94,304 99,009 103,966 109,141 114,605 120,359 126,366 86,011 90,312 94,828 99,569 104,547 109,775 115,263 121,027 78,527 82,456 86,565 90,908 95,457 100,213 105,227 110,501 86,410 90,753 95,276 100,032 REPRESENTED POSITION EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 14, 2023 - 3% Cost -of -Living Adjustment 'LAW Life Safety Specialist II 47 5 $ 50.50 $ 8,754 $ 105,047 Life Safety Specialist II 47 6 $ 53.03 $ 9,191 $ 110,294 Life Safety Specialist II 47 7 $ 55.67 $ 9,650 $ 115,800 Life Safety Specialist II 47 8 $ 58.47 $ 10,135 $ 121,616 Life Safety Specialist III 75 1 $ 45.68 $ 7,918 $ 95,018 Life Safety Specialist III 75 2 $ 47.97 $ 8,314 $ 99,774 Life Safety Specialist III 75 3 $ 50.37 $ 8,730 $ 104,762 Life Safety Specialist III 75 4 $ 52.89 $ 9,167 $ 110,010 Life Safety Specialist III 75 5 $ 55.54 $ 9,626 $ 115,515 Life Safety Specialist III 75 6 $ 58.31 $ 10,107 $ 121,279 Life Safety Specialist III 75 7 $ 61.23 $ 10,613 $ 127,353 Life Safety Specialist III 75 8 $ 64.28 $ 11,143 $ 133,713 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. 'Hired before January 1, 2016 2Hired on/after January 1, 2016 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment Fire Captain 112 35 1 $ 34.23 $ 8,306 $ Fire Captain 112 35 2 $ 35.94 $ 8,722 $ Fire Captain 112 35 3 $ 37.75 $ 9,160 $ Fire Captain 112 35 4 $ 39.63 $ 9,616 $ Fire Captain 112 35 5 $ 41.61 $ 10,098 $ Fire Captain 112 35 6 $ 43.69 $ 10,601 $ Fire Captain 112 35 7 $ 45.87 $ 11,132 $ Fire Captain 112 35 8 $ 48.17 $ 11,688 $ Fire Captain 80 65 1 $ 47.92 $ 8,306 $ Fire Captain 80 65 2 $ 50.32 $ 8,722 $ Fire Captain 80 65 3 $ 52.85 $ 9,160 $ Fire Captain 80 65 4 $ 55.48 $ 9,616 $ Fire Captain 80 65 5 $ 58.26 $ 10,098 $ Fire Captain 80 65 6 $ 61.13 $ 10,595 $ Fire Captain 80 65 7 $ 64.23 $ 11,133 $ Fire Captain 80 65 8 $ 67.43 $ 11,688 $ Fire Captain, Staff EMS/Training 95 1 $ 51.51 $ 8,929 $ Fire Captain, Staff EMS/Training 95 2 $ 54.09 $ 9,376 $ Fire Captain, Staff EMS/Training 95 3 $ 56.79 $ 9,844 $ Fire Captain, Staff EMS/Training 95 4 $ 59,63 $ 10,337 $ Fire Captain, Staff EMS/Training 95 5 $ 62.62 $ 10,854 $ Fire Captain, Staff EMS/Training 95 6 $ 65.75 $ 11,396 $ Fire Captain, Staff EMS/Training 95 7 $ 69.03 $ 11,966 $ Fire Captain, Staff EMS/Training 95 8 $ 72.49 $ 12,564 $ Fire Engineer 112 15 1 $ 29.16 $ 7,076 $ Fire Engineer 112 15 2 $ 30.62 $ 7,430 $ Fire Engineer 112 15 3 $ 32.14 $ 7,799 $ Fire Engineer 112 15 4 $ 33.75 $ 8,191 $ Fire Engineer 112 15 5 $ 35.44 $ 8,601 $ Fire Engineer 112 15 6 $ 37.21 $ 9,029 $ Fire Engineer 112 15 7 $ 39.07 $ 9,480 $ Fire Engineer 112 15 8 $ 41.02 $ 9,955 $ Fire Engineer 80 15A 1 $ 40.82 $ 7,076 $ Fire Engineer 80 15A 2 $ 42.86 $ 7,430 $ Fire Engineer 80 15A 3 $ 45.00 $ 7,799 $ Fire Engineer 80 15A 4 $ 47.25 $ 8,191 $ Fire Engineer 80 15A 5 $ 49.62 $ 8,601 $ Fire Engineer 80 15A 6 $ 52.32 $ 9,069 $ 99,668 104,663 109,918 115,397 121,174 127,213 133,586 140,258 99,675 104,667 109,922 115,392 121,172 127,144 133,593 140,257 107,150 112,508 118,133 124,040 130,242 136,754 143,592 150,771 84,908 89,157 93,592 98,289 103,209 108,352 113,758 119,460 84,908 89,157 93,592 98,289 103,209 108,830 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment Fire Engineer 80 15A 7 $ 54.69 $ 9,480 $ 113,757 Fire Engineer 80 15A 8 $ 57.43 $ 9,955 $ 119,460 Fire Services Coordinator 01 1 $ 34.00 $ 5,893 $ 70,712 Fire Services Coordinator 01 2 $ 35.69 $ 6,186 $ 74,226 Fire Services Coordinator 01 3 $ 37.48 $ 6,496 $ 77,954 Fire Services Coordinator 01 4 $ 39.36 $ 6,822 $ 81,868 Fire Services Coordinator 01 5 $ 41.33 $ 7,164 $ 85,967 Fire Services Coordinator 01 6 $ 43.40 $ 7,523 $ 90,281 Fire Services Coordinator 01 7 $ 45.58 $ 7,901 $ 94,806 Fire Services Coordinator 01 8 $ 47.86 $ 8,295 $ 99,545 Firefighter 112 05 0 $ 24.71 $ 5,996 $ 71,954 Firefighter 112 05 1 $ 25.95 $ 6,296 $ 75,552 Firefighter 112 05 2 $ 27.24 $ 6,610 $ 79,316 Firefighter 112 05 3 $ 28.61 $ 6,942 $ 83,305 Firefighter 112 05 4 $ 30.03 $ 7,287 $ 87,442 Firefighter 112 05 5 $ 31.54 $ 7,653 $ 91,841 Firefighter 112 05 6 $ 33.11 $ 8,035 $ 96,425 Firefighter 112 05 7 $ 34.76 $ 8,436 $ 101,233 Firefighter 112 05 8 $ 36.51 $ 8,859 $ 106,303 Firefighter 80 06 0 $ 34.60 $ 5,997 $ 71,959 Firefighter 80 06 1 $ 36.33 $ 6,296 $ 75,558 Firefighter 80 06 2 $ 38.13 $ 6,609 $ 79,312 Firefighter 80 06 3 $ 40.05 $ 6,942 $ 83,305 Firefighter 80 06 4 $ 42.03 $ 7,286 $ 87,432 Firefighter 80 06 5 $ 44.16 $ 7,654 $ 91,851 Firefighter 80 06 6 $ 46.36 $ 8,036 $ 96,431 Firefighter 80 06 7 $ 48.66 $ 8,435 $ 101,223 Firefighter 80 06 8 $ 51.11 $ 8,859 $ 106,308 Firefighter Paramedic 1121 25 1 $ 31.77 $ 7,709 $ 92,512 Firefighter Paramedic 1121 25 2 $ 33.36 $ 8,094 $ 97,133 Firefighter Paramedic 1121 25 3 $ 35.02 $ 8,498 $ 101,979 Firefighter Paramedic 1121 25 4 $ 36.77 $ 8,924 $ 107,086 Firefighter Paramedic 1121 25 5 $ 38.60 $ 9,368 $ 112,415 Firefighter Paramedic 1121 25 6 $ 40.54 $ 9,837 $ 118,043 Firefighter Paramedic 1121 25 7 $ 42.57 $ 10,331 $ 123,970 Firefighter Paramedic 1121 25 8 $ 44.70 $ 10,846 $ 130,157 Firefighter Paramedic 1122 27 1 $ 30.42 $ 7,382 $ 88,585 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment ED.,POSITIONS Firefighter Paramedic 112` 27 2 $ 31.94 $ 7,751 $ Firefighter Paramedic 1122 27 3 $ 33.54 $ 8,139 $ Firefighter Paramedic 1122 27 4 $ 35.22 $ 8,546 $ Firefighter Paramedic 1122 27 5 $ 36.98 $ 8,973 $ Firefighter Paramedic 1122 27 6 $ 38.83 $ 9,422 $ Firefighter Paramedic 1122 27 7 $ 40.77 $ 9,893 $ Firefighter Paramedic 1122 27 8 $ 42.80 $ 10,387 $ Firefighter Paramedic 801 26 1 $ 44.48 $ 7,709 $ Firefighter Paramedic 801 26 2 $ 46.70 $ 8,094 $ Firefighter Paramedic 801 26 3 $ 49.03 $ 8,498 $ Firefighter Paramedic 801 26 4 $ 51.48 $ 8,924 $ Firefighter Paramedic 801 26 5 $ 54.05 $ 9,368 $ Firefighter Paramedic 801 26 6 $ 56.75 $ 9,837 $ Firefighter Paramedic 801 26 7 $ 59.60 $ 10,331 $ Firefighter Paramedic 801 26 8 $ 62.58 $ 10,846 $ Firefighter Paramedic 802 28 1 $ 42.59 $ 7,383 $ Firefighter Paramedic 802 28 2 $ 44.72 $ 7,752 $ Firefighter Paramedic 802 28 3 $ 46.96 $ 8,139 $ Firefighter Paramedic 802 28 4 $ 49.31 $ 8,546 $ Firefighter Paramedic 802 28 5 $ 51,77 $ 8,974 $ Firefighter Paramedic 802 28 6 $ 54.36 $ 9,422 $ Firefighter Paramedic 802 28 7 $ 57.08 $ 9,893 $ Firefighter Paramedic 802 28 8 $ 59.93 $ 10,388 $ Life Safety Specialist I 02 1 $ 38.89 $ 6,740 $ Life Safety Specialist I 02 2 $ 40.83 $ 7,077 $ Life Safety Specialist I 02 3 $ 42.87 $ 7,430 $ Life Safety Specialist I 02 4 $ 45.02 $ 7,803 $ Life Safety Specialist I 02 5 $ 47.27 $ 8,193 $ Life Safety Specialist I 02 6 $ 49.62 $ 8,602 $ Life Safety Specialist I 02 7 $ 52.11 $ 9,032 $ Life Safety Specialist I 02 8 $ 54.72 $ 9,485 $ Life Safety Specialist 11 47 1 $ 42.79 $ 7,417 $ Life Safety Specialist II 47 2 $ 44.94 $ 7,790 $ Life Safety Specialist II 47 3 $ 47.18 $ 8,178 $ Life Safety Specialist II 47 4 $ 49.54 $ 8,586 $ 93,014 97,665 102,548 107,676 113,059 118,713 124,648 92,511 97,133 101,979 107,085 112,415 118,044 123,970 130,157 88,591 93,021 97,672 102,556 107,684 113,068 118,721 124,658 80,882 84,930 89,162 93,635 98,321 103,220 108,384 113,816 89,002 93,475 98,135 103,033 RESENTED POSITIOr Life Safety Specialist II Life Safety Specialist II Life Safety Specialist II Life Safety Specialist II Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 13, 2024 - 3% Cost -of -Living Adjustment 47 5 $ 52.02 $ 9,017 $ 108,198 47 6 $ 54.62 $ 9,467 $ 113,602 47 7 $ 57.34 $ 9,939 $ 119,274 47 8 $ 60.22 $ 10,439 $ 125,264 75 1 $ 47.05 $ 8,156 $ 97,868 75 2 $ 49.41 $ 8,564 $ 102,767 75 3 $ 51.88 $ 8,992 $ 107,905 75 4 $ 54,48 $ 9,442 $ 113,310 75 5 $ 57.20 $ 9,915 $ 118,981 75 6 $ 60.06 $ 10,410 $ 124,918 75 7 $ 63.06 $ 10,931 $ 131,174 75 8 $ 66.21 $ 11,477 $ 137,724 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Hired before January 1, 2016 2Hired on/after January 1, 2016 Fire Captain 112 Fire Captain 112 Fire Captain 112 Fire Captain 112 Fire Captain 112 Fire Captain 112 Fire Captain 112 Fire Captain 112 Fire Captain 80 Fire Captain 80 Fire Captain 80 Fire Captain 80 Fire Captain 80 Fire Captain 80 Fire Captain 80 Fire Captain 80 Fire Captain, Staff Fire Captain, Staff Fire Captain, Staff Fire Captain, Staff Fire Captain, Staff Fire Captain, Staff Fire Captain, Staff Fire Captain, Staff Fire Engineer 112 Fire Engineer 112 Fire Engineer 112 Fire Engineer 112 Fire Engineer 112 Fire Engineer 112 Fire Engineer 112 Fire Engineer 112 Fire Engineer 80 Fire Engineer 80 Fire Engineer 80 Fire Engineer 80 Fire Engineer 80 Fire Engineer 80 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment EMS/Training EMS/Training EMS/Training EMS/Training EMS/Training EMS/Training EMS/Training EMS/Training 35 35 35 35 35 35 35 35 65 65 65 65 65 65 65 65 95 95 95 95 95 95 95 95 15 15 15 15 15 15 15 15 15A 15A 15A 15A 15A 15A 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 35.25 37.02 38.88 40.82 42.86 45.00 47.25 49.61 49.36 51.83 54.43 57.14 60.00 62.96 66.15 69.45 53.06 55.71 58.50 61.42 64.50 67.72 71.11 74.66 30.03 31.54 33,10 34.77 36.51 38.33 40.24 42.25 42.05 44.15 46.35 48.67 51.11 53.89 8,555 $ 8,984 $ 9,435 $ 9,905 $ 10,401 $ 10,919 $ 11,466 $ 12,039 $ 8,555 $ 8,984 $ 9,435 $ 9,904 $ 10,401 $ 10,913 $ 11,467 $ 12,039 $ 9,197 $ 9,657 $ 10,140 $ 10,647 $ 11,179 $ 11,738 $ 12,325 $ 12,941 $ 7,288 $ 7,653 $ 8,033 $ 8,436 $ 8,859 $ 9,300 $ 9,764 $ 10,254 $ 7,288 $ 7,653 $ 8,033 $ 8,436 $ 8,859 $ 9,341 $ 102,658 107,803 113,216 118,859 124,809 131,029 137,594 144,466 102,665 107,807 113,220 118,854 124,808 130,958 137,601 144,465 110,365 115,884 121,677 127,761 134,150 140,857 147,900 155,295 87,455 91,832 96,400 101,238 106,305 111,603 117,171 123,044 87,456 91,832 96,400 101,238 106,305 112,095 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment Fire Engineer 80 15A Fire Engineer 80 15A Fire Services Coordinator 01 Fire Services Coordinator 01 Fire Services Coordinator 01 Fire Services Coordinator 01 Fire Services Coordinator 01 Fire Services Coordinator 01 Fire Services Coordinator 01 Fire Services Coordinator 01 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 112 05 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter 80 06 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1121 25 Firefighter Paramedic 1122 27 7 8 1 2 3 4 5 6 7 8 0 1 2 3 4 5 6 7 8 0 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 56.33 $ 59.16 $ 35.02 $ 36.76 $ 38.60 $ 40.54 $ 42.57 $ 44.71 $ 46.95 $ 49.29 $ 25.45 $ 26.72 $ 28.05 $ 29.47 $ 30.93 $ 32.48 $ 34.11 $ 35.81 $ 37.60 $ 35.63 $ 37.42 $ 39.27 $ 41.25 $ 43.30 $ 45.48 $ 47.75 $ 50.12 $ 52.64 $ 32.72 $ 34.36 $ 36.07 $ 37.88 $ 39.76 $ 41.75 $ 43.85 $ 46.04 $ 31.33 $ 9,764 $ 10,254 $ 6,069 $ 6,371 $ 6,691 $ 7,027 $ 7,379 $ 7,749 $ 8,138 $ 8,544 $ 6,176 $ 6,485 $ 6,808 $ 7,150 $ 7,505 $ 7,883 $ 8,276 $ 8,689 $ 9,124 $ 6,177 $ 6,485 $ 6,808 $ 7,150 $ 7,505 $ 7,884 $ 8,277 $ 8,688 $ 9,125 $ 7,941 $ 8,337 $ 8,753 $ 9,192 $ 9,649 $ 10,132 $ 10,641 $ 11,172 $ 7,604 $ 117,170 123,044 72,833 76,453 80,292 84,324 88,546 92,989 97,651 102,532 74,113 77,819 81,696 85,804 90,066 94,596 99,318 104,270 109,492 74,118 77,825 81,691 85,804 90,055 94,607 99,324 104,259 109,497 95,287 100,047 105,038 110,298 115,787 121,585 127,689 134,061 91,242 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment Firefighter Paramedic 112` 27 2 $ 32.90 $ 7,984 $ 95,805 Firefighter Paramedic 1122 27 3 $ 34.55 $ 8,383 $ 100,595 Firefighter Paramedic 1122 27 4 $ 36.27 $ 8,802 $ 105,625 Firefighter Paramedic 1122 27 5 $ 38.09 $ 9,242 $ 110,906 Firefighter Paramedic 1122 27 6 $ 39.99 $ 9,704 $ 116,451 Firefighter Paramedic 1122 27 7 $ 41.99 $ 10,190 $ 122,274 Firefighter Paramedic 1122 27 8 $ 44.09 $ 10,699 $ 128,387 Firefighter Paramedic 801 26 1 $ 45.81 $ 7,941 $ 95,287 Firefighter Paramedic 801 26 2 $ 48.10 $ 8,337 $ 100,047 Firefighter Paramedic 801 26 3 $ 50.50 $ 8,753 $ 105,038 Firefighter Paramedic 801 26 4 $ 53.03 $ 9,191 $ 110,298 Firefighter Paramedic 801 26 5 $ 55.67 $ 9,649 $ 115,787 Firefighter Paramedic 801 26 6 $ 58.45 $ 10,132 $ 121,585 Firefighter Paramedic 801 26 7 $ 61.39 $ 10,641 $ 127,689 Firefighter Paramedic 801 26 8 $ 64.45 $ 11,172 $ 134,062 Firefighter Paramedic 802 28 1 $ 43.87 $ 7,604 $ 91,249 Firefighter Paramedic 802 28 2 $ 46.06 $ 7,984 $ 95,812 Firefighter Paramedic 802 28 3 $ 48.37 $ 8,384 $ 100,603 Firefighter Paramedic 802 28 4 $ 50.79 $ 8,803 $ 105,633 Firefighter Paramedic 802 28 5 $ 53.32 $ 9,243 $ 110,914 Firefighter Paramedic 802 28 6 $ 55.99 $ 9,705 $ 116,460 Firefighter Paramedic 802 28 7 $ 58.79 $ 10,190 $ 122,283 Firefighter Paramedic 802 28 8 $ 61.73 $ 10,700 $ 128,397 Life Safety Specialist I 02 1 $ 40.05 $ 6,942 $ 83,309 Life Safety Specialist I 02 2 $ 42.06 $ 7,290 $ 87,477 Life Safety Specialist I 02 3 $ 44.15 $ 7,653 $ 91,837 Life Safety Specialist I 02 4 $ 46.37 $ 8,037 $ 96,444 Life Safety Specialist I 02 5 $ 48.69 $ 8,439 $ 101,271 Life Safety Specialist I 02 6 $ 51.11 $ 8,860 $ 106,316 Life Safety Specialist I 02 7 $ 53.67 $ 9,303 $ 111,636 Life Safety Specialist I 02 8 $ 56.36 $ 9,769 $ 117,230 Life Safety Specialist II 47 1 $ 44.07 $ 7,639 $ 91,672 Life Safety Specialist II 47 2 $ 46.29 $ 8,023 $ 96,280 Life Safety Specialist II 47 3 $ 48.60 $ 8,423 $ 101,079 Life Safety Specialist II 47 4 $ 51,02 $ 8,844 $ 106,124 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Firefighters Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective January 11, 2025 - 3% Cost -of -Living Adjustment REPRESENTED POSITIONS Life Safety Specialist II Life Safety Specialist II Life Safety Specialist II Life Safety Specialist II Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III Life Safety Specialist III 47 47 47 47 75 75 75 75 75 75 75 75 5 6 7 8 1 2 3 4 5 6 7 8 53.58 56.26 59.06 62.03 48.46 50.89 53.43 56.11 58.92 61.86 64.96 68.20 9,287 9,751 10,238 10,752 8,400 8,821 9,262 9,726 10,213 10,722 11,259 11,821 111,444 117,010 122,852 129,022 100,804 105,850 111,142 116,709 122,550 128,665 135,109 141,855 Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. 1Hired before January 1, 2016 2Hired on/after January 1, 2016 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION Term: January 1, 2022 through December 31, 2025 TABLE OF CONTENTS Page PREAMBLE 1 SECTION 1 - GENERAL PROVISIONS Recognition 1 Term of Memorandum 1 Release Time... 2 Scope 3 Bulletin Boards 4 Authority to Deduct Dues 4 Maintenance of Membership 4 Conclusiveness 5 Modifications 5 Savings 5 Impasse 5 Definitions 5 SECTION 2 - COMPENSATION Salary Adjustments - this MOU Period 6 Salary Differential 6 Firefighter — Special Step Increase 7 Probationary Firefighter Training Step 7 Overtime 7 Required Uniform 8 Scholastic/Certificate Achievement Pay 9 Special Assignment Pay 10 Temporary Upgrading of Employees 11 Y-Rating 13 Shift Holdover 13 Emergency Recall 13 Bilingual Pay 14 Court Standby Pay 14 Longevity Pay 14 One -Time Payment 14 SECTION 3 - LEAVES Flex Leave 15 Holiday Time 16 Bereavement Leave 18 Catastrophic Leave 18 Jury Duty 18 i 8-9 Worker's Compensation Leave 19 Scheduling of Medical Treatment for Industrial Injuries 19 Reassignment 19 Early Relief 19 SECTION 4 - FRINGE BENEFITS Insurance 20 Additional Health Insurance/Programs 22 Employee Assistance Program 23 PERS Retirement Benefit 23 Defined Contribution Plan 25 Retiree Medical Benefit 26 Tuition Reimbursement and Training 30 Fitness Program 31 Physical Conditioning Equipment 31 SECTION 5 - MISCELLANEOUS PROVISIONS Reduction in Force/Layoffs 31 Discipline Plan 34 Fire Suppression Equipment Staffing Levels 34 EMT Certification 34 No Smoking 35 Life Safety Services Classifications 35 Exposure Log 35 Grievance Procedure 35 48/96 Schedule 35 Consecutive Shifts 35 Requirement to Live Within 150 Miles of City Limits 36 EXHIBIT A — Represented Classifications and Pay Rates 38 ii 8-10 PREAMBLE This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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 of employees in the unit of representation NBFA is recognized to represent (unit members). This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 the classifications of: Safety Classifications: Fire Captain Fire Engineer Firefighter Paramedic Firefighter Non -Safety Classifications: Fire Services Coordinator Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III B. Term 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 January 1, 2022. This MOU shall remain in full force and effect until December 31, 2025, 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. 1 NBFA MOU 2022-2025 8-11 2. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Release Time 1. Unit members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a Attendance at off -site meetings, conferences, seminars or workshops related to matters within the scope of representation. b. To prepare for scheduled meetings between the City and NBFA during the meet and confer process. c. i. To travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. ii. To travel to and attend scheduled grievance and disciplinary hearings. iii. To meet, for up to one hour, with a unit member(s) they are representing prior to a hearing described in subsection C(1 )(c)(ii) above. 2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a) and 1(b). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants Unit members the right to engage in the activities described in subsection 1(c) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time, or, prior to adjusting work hours. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. 2 NBFA M O U 2022-2025 8-12 a The NBFA President shall be entitled to a maximum of 200 hours per calendar year for appropriate association related business, excluding time required for the meet and confer process. The NBFA President shall, at his/her discretion, allocate Release Time to NBFA Board members or other designates, to a maximum of 150 hours per year per individual. In the event the 200 hours for the President or 150 hours for other NBFA designates are insufficient, the President may submit a request to the Assistant City Manager or designee, with justification, that additional hours be granted. In no event shall the Association be granted more than a total of 400 hours per year for all designates. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), Unit members may voluntarily contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off" shall be defined as accrued flex leave. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and 3 NBFA M O U 2022-2025 8-13 authorities ("Management Rights") as set forth in Resolution No. 2001- 50. E. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards by the NBFA shall indicate that the NBFA posted them. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of any protected class under the law or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Authority to Deduct Dues from Members' Paychecks The City will deduct dues from members of the Association and will remit it to the Association. It is the Association's responsibility to inform the City's Human Resources Director as to which members of the bargaining unit are members of the Association. The Association shall inform the Human Resources Director in writing of any changes in the membership status of any Association members. G. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate Association membership by submitting to the Association a signed request to cancel payroll dues deduction. If that occurs, the Association will advise the Human Resources Director to cancel payroll dues deduction to the Association for such employee. Pursuant to Government Code section 1157.12(b), the Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities by any unit member in reliance upon information provided by the Association respecting requests to cancel or change payroll deductions for such employee. 4 NBFA MOU 2022-2025 8-14 H. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 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. J. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that Unit members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. L. Definitions For the purposes of this MOU, these terms shall have the following meanings: 1. The term "member" or "unit member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any unit member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any unit member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal 5 NBFA M O U 2022-2025 8-15 Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2 — COMPENSATION A. Salary Adjustments — this MOU Period Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the pay period following January 1, 2022, there shall be a base salary increase of two percent (2%) for all represented classifications. Individuals must be employed by the City on the first day of the pay period following City Council adoption to qualify for retroactive payment of the COLA. 2. Effective the pay period following January 1, 2023, there shall be a base salary increase of two percent (2%) for all represented classifications. 3. Effective the pay period following January 1, 2024, there shall be a base salary increase of two percent (2%) for all represented classifications. 4. Effective the pay period following January 1, 2025, there shall be a base salary increase of two percent (2%) for all represented classifications. B. Salary Differential 1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter, the benchmark classification and the other safety classifications represented by NBFA, as set forth below, to maintain an appropriate internal relationship. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Fire Classification Series Variance Firefighter N/A Fire Engineer 12.50% Firefighter Paramedic, hired on/after 1-1- 2016 17.25% Firefighter Paramedic, hired before 1-1-2016 22.25% Fire Captain 32.00% Training Fire Captain 39.50% 6 NBFA MOU 2022-2025 8-16 2. The Training Fire Captain shall be assigned to routinely and consistently train employees. Training Fire Captains shall receive an additional 7.5% of base pay over Line Fire Captains. Assignment as a Training Fire Captain is for a maximum of two years unless extended by the Fire Chief. C. Firefighter- Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. D. Probationary Firefighter Training Step Probationary Firefighters will be placed at the Training Step (Step "1T") upon initial appointment. Upon completion of the NB Fire Recruit Academy, employees will be eligible to advance to Firefighter Step 1. Probationary employees will be eligible for advancement to Step 2 following 12 months from date of initial appointment and upon documented successful performance. The probationary period for a new Firefighter hired after January 8, 2019 is 12 months. E. Overtime 1. FLSA Overtime shall consist of authorized hours actually worked in excess of 91 hours in a 12-day work period as previously established by the City and as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption. Use of Flex Leave, shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime. Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift, and shall be paid one -and -one-half times the employee's regular rate of pay. Use of Flex Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. Leave Without Pay shall not be considered as hours worked for determining Contract Overtime eligibility. Contract Overtime shall be calculated based on the employee's regular rate of pay, less 7%. The rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 2. Temporary vacancies in line positions shall be selected in accordance with the Department's Standard Operating Procedures. 7 N B FA M O U 2022-2025 8-17 3. Qualified employees who volunteer to work overtime in a lower classification than their current position (downgrade) may do so and shall be compensated at one and one-half times the highest hourly rate for the downgraded position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to members who downgrade to the position of Firefighter, Fire Engineer or Firefighter Paramedic. 4. Employees assigned to staff assignments may request compensatory time off (CTO) in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to the Department's consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department. F. Required Uniform The City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirts, and baseball caps. The City shall not be responsible for providing employees with socks, underwear, or workout shoes, or other clothing. The City will provide each fire suppression member with a set of front-line turnout gear and an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. Reserve turnouts may be personally issued to each member at the Fire Chief's discretion. This equipment will be used to temporarily replace an employee's personalturnout equipment that cannot be placed in service because they are wet, contaminated, or aged. PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance of $1,519 annually for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CaIPERS. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, i.e., safety boots and turnout gear. 8 NBFA MOU 2022-2025 8-18 G. Scholastic/Certificate Achievement Pay Unit members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the unit member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the unit member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. For employees hired before May 22, 2012, scholastic and/or Certificate achievement pay is contingent upon number of units and/or degrees received by the employee. Unit members hired on and after May 22, 2012 shall be ineligible for any scholastic pay based upon having obtained units only. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education Training Council. Unit members shall receive scholastic and/or certificate achievement pay in accordance with the following: 1. Scholastic Pay College % of Actual Step in Semester/Unit: Job Class Range: 30 1.5%/month 60 2.5%/month 90 3.5%/month 90 3.5%/month 120 4.5%/month A.A./A.S. 3.5%/month B.A./B.S. 5.5%/month 2. Certificate Achievement Pay Certificate achievement pay is contingent upon employee's satisfactory completion of the initial probationary period with the Newport Beach Fire Department and completion of the required coursework for Company Officer (formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire Prevention Specialist) certification as outlined below, and the opening of the associated State Fire Training task book. Company Officer also requires completion of the NBFD (internal) Captain's task book. Proof of course completion must accompany this application and be in the form of one of the following: 9 NBFA MOU 2022-2025 8-19 1. A certificate from the Office of the State Fire Marshal. 2. A letter from the Office of the State Fire Marshal certifying the employee has completed the course(s). 3. Transcripts from an accredited college, university or entity, or certificates indicating the employee has been credited for course completion. NBFA members shall receive 3.0 % of base pay for either Company Officer or Fire Inspector II course completion, opening of the associated State Fire Training task book, and completion of NBFD (internal) Captain's task book (Company Officer only). The parties agree to the extent permitted by law, certificate and scholastic pay are special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Pay. H. Special Assignment Pay The following additional payments shall be made to certain Unit members based on assignment: 1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows: Maximum Compensation Assignment Number* (% of base pay) Shift Fire Investigator 6 5% Radio/MDC 1 5% SCBA 3 2% Map/Preplan 1 2% Special assignment compensation shall cease when individuals are no longer performing the assignment. Employees who enter the above assignments on or after January 1, 2022 will be assigned for three years, after which they will rotate out of their assignment if qualified replacements have been selected through an informal interview process. The Fire Chief shall have the option to extend the assignment for one three year extension. Removal from any of these special assignments at the end of the prescribed term shall not trigger any right of appeal. The parties agree that to the extent permitted by law, Shift Fire Investigator Pay is special compensation and shall be reported to CaIPERS as Fire Investigator Premium pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3). 10 NBFA MOU 2022-2025 8-20 *Subject to modification by the department. 2. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments (which will vary based on the needs of the Department as determined by the Fire Chief) will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. I. Temporary Upgrading of Employees 1. Move -up Assignment A move -up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move -up employee shall meet the minimum requirements for the position to which they are moved up to. Assignments to a move -up position shall be made by a Battalion Chief, Assistant Chief or Fire Chief. Move -up assignments shall be deemed "Acting Appointments" after an employee has worked six (6) consecutive move -up shifts. If the employee is moved -up for five (5) hours or more, the move -up compensation (for time actually working in the moved -up assignment) shall be computed as follows: Firefighter to Engineer Firefighter (hired prior to January 1, 2016) to Firefighter Paramedic Firefighter (hired on or after January 1, 2016) to Firefighter Paramedic +17.25% Firefighter to Captain Engineer (hired prior to January 1, 2016) to Firefighter Paramedic Engineer to Captain Firefighter Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.25% Regular Rate Regular rate +5% Regular rate +9.75% Regular rate +5% Regular rate +5% Regular rate +5% If an employee is moved up and is using leave, the leave time shall be paid at the employee's regular rate of pay in the rank from which he/she was moved up. Time accumulated working in a move up position shall - not be applied towards the probationary period or count as "time in rank" 11 NBFA MOU 2022-2025 8-21 for the purpose of seniority. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Firefighter Paramedic Fire Engineer Assignments to a move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. The parties agree that to the extent permitted by law, and in accordance with Government Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California Public Employees' Retirement System (CaIPERS) move up pay as Premium Pay pursuant to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, move up pay will not be reported as pensionable compensation to CaIPERS. The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable. 2. Acting Appointments Employees formally assigned as an Acting Appointment to perform 100% of the duties in the higher classification for more than six (6) consecutive shifts shall be compensated beginning the first shift in the salary range of their acting classification at a rate that is at least five percent (5%) higher than their current rate. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Flex leave used while working in an acting capacity shall be paid at the employee's new rate of pay. In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made by the Fire Chief and shall be limited to ninety (90) calendar days in any 12 month period unless extended to a maximum of an additional ninety (90) calendar days on written recommendation by the Department Director and approval by the City Manager. 12 NBFA MOU 2022-2025 8-22 The parties agree that to the extent permitted by law, and in accordance with Government Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California Public Employees' Retirement System (Ca1PERS) acting pay as Premium Pay pursuant to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, acting pay will not be reported as pensionable compensation to CaIPERS. The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable. 3. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. The parties agree that to the extent permitted by law, Tiller Pay is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay. J. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. K. Shift Holdover Unit members who are held over at the conclusion of any shift shall be compensated at the appropriate rate for each hour, or portion thereof, the employee worked beyond the end of the shift. L. Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off -duty hours for actual firefighting, or similar emergency designated by the Fire Chief, the employee shall receive a minimum of four (4) hours compensation at the appropriate rate. If an employee works less than (4) hours, he/she will receive four hours of 13 NBFA MOU 2022-2025 8-23 compensation at the appropriate rate. If an employee works for four (4) hours or more, he/she will receive compensation for the time worked at the appropriate rate. M. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing 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. The parties agree that to the extent permitted by law, the Bilingual pay in this section is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium. N. Court Standby Pay Unit members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. Unit members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify as to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. O. Longevity Pay Years of Service 16 but less than 20 but less than 25 and over Longevity Pay 1.5% 2.5% 3.5% The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1). P. One-time Payment All Bargaining Unit Employees in paid status for the entirety of (1) the pay period including January 1, 2022 or (2) the pay period following City Council adoption 14 NBFA MOU 2022-2025 8-24 of the MOU, whichever is later, will receive a signing bonus of $2000. The Parties intend and understand that this lump sum payment is non -pensionable and will not be reported to Ca1PERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only. SECTION 3 - LEAVES A. Flex Leave 1. Unit members shall accrue flex leave as follows as set forth in the chart below. The amounts that are listed in the column entitled "Maximum Accrual" include both the maximum accrual of flex leave (52 pay periods worth of flex leave) and also include the amount of holiday time which the parties have agreed that employees may accrue per Section 3C (Holiday Time). Leave Accrual Years of Srvc Hrs/Pay Period Line Employees*: 1 but less than 5 5 but less than 9 9 but less than 12 12 and over 9.77 10.69 11.62 12.54 Staff and Non -Safety Employees: 1 but less than 5 5 but less than 9 9 but less than 12 12 and over 6.97 7.63 8.33 8.95 Maximum Accrual 796.12 843.96 892.32 940.16 568.36 602.68 639.08 671.32 2. The Flex leave program shall be administered as follows: a Unit members shall not accrue Flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months, provided however, if a member on the Flex leave program becomes sick during the first three (3) months of employment, the City will advance up to six (6) pay periods of accrued leave time for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment, the member's final check shall be reduced by an amount equal to the number of Flex leave hours advanced multiplied by the member's hourly rate of pay. 15 N B FA M O U 2022-2025 8-25 Unit members shall accrue three months of flex leave (as provided in the charts in paragraph Al above) immediately upon completion of three (3) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first three months of employment. b. Members employed by the City prior to initiation of the Flex leave program have had the current accrued vacation time converted to Flex leave on an hour for hour basis. o Earned Flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. Unit members shall not be permitted to accrue Flex leave in excess of the maximum permitted, unless the employee is unable to use leave benefits because of an industrial disability, hardship or extraordinary circumstances. d. All requests for scheduled Flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request Flex leave in excess of the amount accrued. Flex leave may be taken in four (4) hour increments. e. Members shall be paid for all accrued Flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon separation from employment. B. Holiday Time 1. Line Employees The provisions of this subsection shall apply only to Unit members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. Unit members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex leave Account on a bi—weekly basis. The parties agree, to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay. Effective October 1, 1996, all Line employees were provided a one-time opportunity to elect to convert all or any portion of their annual holiday 16 N B FA M O U 2022-2025 8-26 benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off in lieu of cash payment. 2. Staff Employees The holiday benefit for staff employees shall be as follows: Staff employees shall accrue 3.96 hours of holiday leave per pay period (102.96 hours per year). This holiday leave is to provide leave for employees for the following twelve (12) holidays: New Years' Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, one—half day on New Year's Eve and one floating holiday. The holiday leave accrued will be added to employees' flex leave banks. The maximum accrual of flex leave set forth in in Section 3A1 above includes 205.92 hours which is two years (52 pay periods) of holiday leave. Even though the holiday leave is added to employees' flex leave banks, staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. If that occurs, time will be charged against the employee's Flex leave bank. Notwithstanding the holiday leave benefit provided above, newly hired non -safety staff employees shall have the one-time option (at the time of hire) to accrue holiday time as pay. If that occurs, such an employee's flex leave maximum accrual (addressed in Section 3A1 above) will be reduced by 205.92 hours which is two years (52 pay periods) of holiday leave. If holiday time is provided as pay (if, that election as made as provided above) it shall not be reported to CaIPERS as special compensation per California Code of Regulations 571(a)(5) because these employees do not work in positions that require scheduled staffing without regard to holidays. 17 N B FA M O U 2022-2025 8-27 3. Holiday Time Election Following adoption of the 2015-18 MOU, all then current unit members were provided another one-time opportunity to change all or a portion of their future annual holiday benefits to pay or time off. The City provided a 28-day window (2 pay periods) for employees to make the new election. Once selected, the election became uniform from year to year. All other elements of the election were as provided in D(1) and D(2) above. C. Bereavement Leave Bereavement leave shall be defined as the necessary absence from duty by an employee because of a death or terminal illness in his/her immediate family. Staff and non -safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave (terminal illness followed by death is considered one incident). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence and within six months. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild and grandparents, and the employee's spouse/domestic partner's mother, father, brother, sister, child and grandparent. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. D. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program in the City of Newport Beach Administrative Procedure. E. Jury Duty Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. Employees shall notify their supervisor immediately regarding the possible dates they will miss. Employees shall confirm whether or not they are required to report the night prior to their jury service and then notify the on -duty Battalion Chief by 1800 hours. Employees shall repeat this process if service is delayed until they are released form service. Employees shall provide proof of jury service signed by the jury clerk and submit it to their supervisor upon return to work or at the end of each week of service. An employee who is released by the court from jury duty on any regularly scheduled workday shall contact their 18 N B FA M O U 2022-2025 8-28 supervisor to find out when they are required to return to work. F. Worker's Compensation Leave The City will comply with the provisions of Labor Code section 4850 for workers' compensation claims. G. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or its representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. H. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. I. Early Relief The parties acknowledge Department of Labor regulation, 29 CFR section 553.225 that provides: "It is a common practice among employees engaged in fire protection activities 19 N B FA M O U 2022-2025 8-29 to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work." The parties acknowledge that if there is early relief, the City does not require it. The Association agrees that it will advise the Human Resources Director in writing if at any time in the future it learns or believes that the City is requiring early relief. If that occurs, early relief will immediately end. SECTION 4 — FRINGE BENEFITS A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and upto three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each recognized employee organization with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. The City's monthly contribution towards the Cafeteria Plan is $1,824.00 (plus the minimum CaIPERS participating employee's contribution). Unit members who do not want to enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage 20 NBFA MOU 2022-2025 8-30 and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Unit members whose actual start date occurs prior to January 1, 2022 and who elect to opt out of medical coverage offered by the City because they have proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive $1,000.00 per month in taxable cash paid bi-weekly. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, those unused cafeteria plan funds shall be paid to the employee as taxable cash. Newly appointed unit members whose actual start date occurs on or after January 1, 2022 and who elect to opt out of medical coverage offered by the City because they have provided proof of MEC through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive $500.00 per month paid bi-weekly in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided. The preceding language as applied to the following scenarios: 1. Part-time employee hired by the City prior to Janaury 1, 2022 but not appointed as a full-time employee into the NBFA until on or after January 1, 2022 — this employee is subject to the $500 opt -out amount and does not receive cash back if the medical coverage elected is less than the City contribution. 2. Full-time employee hired by the City prior to January 1, 2022 who later drops down to part-time and then is reappointed to the unit as a full- time employee — this employee is subject to the $500 opt -out amount and does not receive cash back if the medical coverage elected is less than the City contribution. 3. Full-time employee hired by the City prior to January 1, 2022 who later transfers into the unit from another full-time unit — if the employee was not subject to the $500 opt -out amount and/or no cash back in the unit from which they are transferring, they will receive the benefit of $1,000 opt -out and/or cash back if the medical coverage elected is less than the City contribution. If, prior to December 31, 2025, a court of competent jurisdiction or formal legal opinion determines that the City's cafeteria benefit plan is a bona fide plan such that the City's contributions towards medical premiums will not be included in the employee's regular rate of pay under the Fair Labor Standards Act, the City will increase the monthly contribution 21 NBFA MOU 2022-2025 8-31 towards the Cafeteria Plan by a total of $200 over the remaining term of the agreement. The $200 will be prorated annually over the remaining term of the agreement (full years only), beginning with the first day of the pay period of the month following the day it becomes bona fide and paid bi-weekly. Examples: If the cafeteria benefit plan becomes bona fide during December of 2023, the City will increase the monthly contribution by $100 per month in January of 2024 (Year 3) and by $100 per month in January of 2025 (Year 4). If the cafeteria benefit plan becomes bona fide in March of 2022, the $200 will be spread evenly over the remaining three years of the agreement, or at $67 per month beginning in April of 2022 and continuing through the end of 2023 (Year 2), another $67 per month in Year 3 and another $67 per month in Year 4. If the City's cafeteria benefit plan is not determined to be a bona fide plan as outlined above by a court of competent jurisdiction or formal legal opinion prior to December 31, 2025, this paragraph will become ineffective and the City's obligation to increase the cafeteria contribution by $200 will cease on December 31, 2025. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. B. Additional Health Insurance/Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD)disability 22 NBFA MOU 2022-2025 8-32 insurance to all regular full-time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Effective January 1, 2022 the City will no longer require unit members to pay one percent (1 %) of base salary as a pre-tax deduction for this benefit. Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. PERS Retirement Benefit 1. Retirement Formula The City contracts with the California Public Employees Retirement System ("CaIPERS" or "PERS") to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier I ("Legacy"): For employees hired by the City on or before November 23, 2012, the retirement formula for safety members shall be 3%@50 and the retirement formula for non -safety members shall be 2.5%@ 55, calculated on the basis of the highest consecutive 12 month 23 NBFA MOU 2022-2025 8-33 period selected by the employee. Tier II ("Classic"): For employees first hired by the City between November 24 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(f), the retirement formula for safety members shall be 2%@50 and the retirement formula for non -safety members shall be 2%@60, calculated on the basis of the highest consecutive 36 month period selected by the employee. Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013, who are new members, the safety retirement formula shall be 2.7%@57 and the non -safety retirement formula shall be 2.0%@62, calculated on the basis of the highest consecutive 36 month period selected by the employee. 2. Employee Contributions Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays normally reported as pensionable compensation or compensation earnable, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the Internal Revenue Code. a. Safety Tiers I and II: All members in Tier I and II shall contribute the full statutory member contribution equal to 9% of compensation earnable plus an additional 4.5% of compensation earnable of the Employer rate for a total contribution of 13.5% of compensation earnable. Tier III: The normal member contribution rate for Tier III members is 50% of the total normal cost and is calculated annually for possible adjustments as provided in the PERS valuations. All Tier III unit members will contribute the full statutory member contribution. If that rate is less than 13.5% of pensionable compensation these employees will contribute an additional 24 N B FA M O U 2022-2025 8-34 percentage of pensionable compensation of the Employer rate to achieve a total contribution of 13.5% of pensionable compensation. b. Non -Safety Tier I: Tier I employees shall contribute eight percent (8%) of pensionable compensation for the CalPERS member contribution, an additional 2.42% of compensation earnable as cost sharing pursuant to Government Code section 20516(a) and an additional 2.58% of compensation earnable as cost sharing pursuant to Government Code §20516(f). Employees shall contribute a total of 13.0% of compensation earnable for retirement contributions. Tier II: Tiers II unit members shall contribute a total employee contribution of 13.0% of compensation earnable - seven percent (7%) member contribution and six percent (6%) as cost sharing per Government Code section 20516(f). Tier III Tier III unit members will contribute the rate established by CalPERS as half the normal cost. In addition, these members will contribute the difference between half the normal cost and 13.0% as cost sharing per Government Code section 20516(f) to achieve a total contribution of 13.0% of pensionable compensation. c. The City's contract with PERS shall also provide for: • The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. • The Level 4 1959 Survivors Benefits. • The PERS pre -retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members. E. Defined Contribution Plan In 2013 the City established a Defined Contribution Plan for safety unit members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II and III). Such employees are eligible to participate in a Defined Contribution plan (Plan), administered by the City or its designee in accordance with said 25 NBFA MOU 2022-2025 8-35 regulatory agency regulations and laws. The Plan shall continue to be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2005 b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS, formerly the Medical Expense Reimbursement Program Plan, i.e.: MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will 26 NBFA MOU 2022-2025 8-36 accumulate contributions to be used for health care expenses after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Nothing in this section restricts taking leave for time off purposes. 27 NBFA MOU 2022-2025 8-37 Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution (i.e., the CaIPERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for 28 NBFA MOU 2022-2025 8-38 retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions 29 NBFA MOU 2022-2025 8-39 taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. G. Tuition Reimbursement and Training Maximum tuition reimbursement (for both college courses and non -college authorized courses) for unit members shall be $1,500 per fiscal year. 1. College Courses Unit members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement. Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre -authorized or prior approval is received from the Fire Chief or designee. Examples include, but are not limited to: California State Fire Marshal Courses and CICCS Courses. 2. Non -College Courses Unit members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Unit members who must stay in lodging to attend such classes, courses or seminars because of their location are required to seek single occupancy governmental rates (at GSA rates) when booking lodging for the class, course or seminar. Reimbursement for more than single occupancy governmental rates will be provided only if such rates are not available and if approved by the Fire Chief. Job -related courses, training and seminars will be considered pre - authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media 30 NBFA MOU 2022-2025 8-40 relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources. 3. Training — Workers' Comp Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers' compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. H. Fitness Program All unit members shall participate in the Department Fitness Program as outlined in Department SOP. I. Physical Conditioning Equipment 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $25,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. All purchases need to be approved by the Fire Chief. Up to $10,000 may be carried over to a subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All unit members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5 — MISCELLANEOUS PROVISIONS A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority 31 NBFA MOU 2022-2025 8-41 within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. Layoff or Layoffs shall mean the non —disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted regular status, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. In this bargaining unit the following are the Series which exist: 1) Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain; 2) Life Safety Specialist I, Life Safety Specialist II and Life Safety Specialist III; and 3) Fire Facilities Coordinator. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or 32 NBFA MOU 2022-2025 8-42 experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within the Series within the bargaining unit, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any). 4. Re —Employment Regular and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at 33 NBFA MOU 2022-2025 8-43 the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Regular employees who are laid off shall, as of the date of lay—off, receive one -week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation. B. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. C. Fire Suppression Equipment Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and three (3) fire suppression personnel on one truck company and four (4) fire suppression personnel on the second truck company. The Fire Chief or designee shall have the discretion to add a fourth fire suppression personnel to the truck company staffed with three fire suppression personnel on a regular or overtime, i.e., "backfill" basis, based on operational needs, for a minimum 12 hour period. However, nothing contained herein shall be construed as altering the existing 24-hour shift for fire suppression employees. D. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. 34 NBFA MOU 2022-2025 8-44 E. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products (including vaping and e-cigarettes) at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Smoking an occasional celebratory cigar (birth of a child, etc.) while off -duty shall not be considered a violation of this section. F Life Safety Services Classifications Existing flexible staffing provisions in Life Safety Services Classifications shall remain in effect for the term of this agreement. G. Exposure Log The City maintains an exposure log system. H. Grievance Procedure Except as described herein, unit employees and the Association are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the grievance procedure shall be presided over the Fire Chief, and Step 3 of the grievance procedure shall be the City Manager. The City Manager shall render the final and binding grievance determination which shall be subject to the right of the employee and/or the Association to seek judicial review per Code of Civil Procedure section 1094.5. The Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of this MOU. 48/96 Schedule The Fire Department currently operates with a 48/96 schedule. J Consecutive Shifts Except for employees assigned to "strike teams" unit members are limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24-hour shift. A maximum of two (2) additional consecutive shifts may be permitted with mutual agreement between the employee and the Battalion Chief unless there are operational needs. In which case, the Department may extend the number of consecutive shifts which will be worked by employees. 35 NBFA MOU 2022-2025 8-45 K. Requirement to Live Within 150 Miles of City Limits Unit members hired after January 1, 2019 are required to live within 150 miles of the City limits. Signatures are on the next page. 36 NBFA MOU 2022-2025 8-46 Executed this fS day of %)rre. 14 be ✓ , 2021. NEWPORT BEACH FIREFIGHTERS ASSOCIATION ATTEST: By: E.--p..,01-/V4- Leilani Brown, City Clerk Attachment: By: v e Bobb 'Salerno, NBFA President CITY OF NEWPORT BEACH By: APPROVED AS TO FORM B Charles Sakai, Special Counsel EXHIBIT A - NBFA R= + "ed Classifications and Pay Rates 37 NBFA MOU 2022-2025 EXHIBIT A The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 15, 2022 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN FIREFIGHTER 112 HOURS FIREFIGHTER 80 HOURS FIREFIGHTER PARAMEDIC 112 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR FIRE ENGINEER 80 HOURS FIRE CAPTAIN 112 FIRE CAPTAIN 80 FIRE CAPTAIN 80, TRAINING NON -SWORN FIRE SERVICES COORDINATOR LIFE SAFETY SPECIALIST I LIFE SAFETY SPECIALIST II LIFE SAFETY SPECIALIST III $23.29 $34.41 $32.61 $48.18 $29.95 $42.13 $41.92 $58.98 $28.67 $40.35 $40.15 $56.49 $27.48 $38.67 $38.48 $54.14 $32.26 $45.40 $45.17 $63.56 $48.56 $68.33 $32.04 $45.11 $36.65 $51.58 $40.33 $56.77 $44.35 $62.41 $5,652 $8,350 $5,652 $8,350 $7,267 $10,224 $7,267 $10,224 $6,958 $9,791 $6,959 $9,792 $6,669 $9,384 $6,670 $9,384 $7,829 $11,017 $7,829 $11,017 $8,417 $11,843 $5,554 $7,819 $6,353 $8,940 $6,991 $9,839 $7,688 $10,818 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 38 NBFA MOU 2022-2025 8-49 EXHIBIT A The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 14, 2023 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN FIREFIGHTER 112 HOURS FIREFIGHTER 80 HOURS FIREFIGHTER PARAMEDIC 112 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR FIRE ENGINEER 80 HOURS FIRE CAPTAIN 112 FIRE CAPTAIN 80 FIRE CAPTAIN 80, TRAINING NON -SWORN FIRE SERVICES COORDINATOR LIFE SAFETY SPECIALIST I LIFE SAFETY SPECIALIST II LIFE SAFETY SPECIALIST III $23.76 $35.10 $33.26 $49.14 $30.54 $42.97 $42.76 $60.16 $29.25 $41.15 $40.95 $57.62 $28.03 $39.44 $39.25 $55.22 $32.91 $46.31 $46.07 $64.83 $49.53 $69.69 $32.69 $46.01 $37.39 $52.61 $41.14 $57.90 $45.24 $63.66 $5,765 $8,517 $5,765 $8,517 $7,412 $10,428 $7,412 $10,428 $7,097 $9,987 $7,098 $9,988 $6,803 $9,571 $6,803 $9,571 $7,985 $11,238 $7,986 $11,237 $8,585 $12,080 $5,665 $7,976 $6,480 $9,119 $7,131 $10,036 $7,841 $11,035 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 39 NBFA MOU 2022-2025 8-50 EXHIBIT A The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 13, 2024 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN FIREFIGHTER 112 HOURS FIREFIGHTER 80 HOURS FIREFIGHTER PARAMEDIC 112 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR FIRE ENGINEER 80 HOURS FIRE CAPTAIN 112 FIRE CAPTAIN 80 FIRE CAPTAIN 80, TRAINING NON -SWORN FIRE SERVICES COORDINATOR LIFE SAFETY SPECIALIST I LIFE SAFETY SPECIALIST II LIFE SAFETY SPECIALIST III $24.23 $35.80 $33.93 $50.12 $31.16 $43.83 $43.62 $61.37 $29.83 $41.98 $41.77 $58.77 $28.59 $40.23 $40.03 $56.32 $33.57 $47.23 $46.99 $66.13 $50.52 $71.09 $33.34 $46.93 $38.13 $53.66 $41.96 $59.06 $46.14 $64.93 $5,880 $8,687 $5,881 $8,688 $7,560 $10,637 $7,560 $10,637 $7,239 $10,187 $7,240 $10,187 $6,939 $9,763 $6,939 $9,763 $8,145 $11,462 $8,146 $11,462 $8,757 $12,321 $5,779 $8,135 $6,610 $9,301 $7,274 $10,237 $7,998 $11,255 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 40 NBFA MOU 2022-2025 8-51 EXHIBIT A The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 11, 2025 2.0% Adjustment REPRESENTED CLASSIFICATIONS HOURLY PAY RATE MONTHLY PAY RATE MIN MAX MIN MAX SWORN FIREFIGHTER 112 HOURS FIREFIGHTER 80 HOURS FIREFIGHTER PARAMEDIC 112 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR FIRE ENGINEER 80 HOURS FIRE CAPTAIN 112 FIRE CAPTAIN 80 FIRE CAPTAIN 80, TRAINING NON -SWORN FIRE SERVICES COORDINATOR LIFE SAFETY SPECIALIST I LIFE SAFETY SPECIALIST II LIFE SAFETY SPECIALIST III $24.72 $36.52 $34.61 $51.12 $31.78 $44.71 $44.49 $62.59 $30.43 $42.82 $42.60 $59.95 $29.17 $41.04 $40.83 $57.45 $34.24 $48.18 $47.93 $67.45 $51.53 $72.51 $34.01 $47.87 $38.90 $54.74 $42.80 $60.24 $47.07 $66.23 $5,998 $8,861 $5,998 $8,862 $7,712 $10,850 $7,712 $10,850 $7,384 $10,390 $7,385 $10,391 $7,078 $9,958 $7,078 $9,958 $8,308 $11,692 $8,309 $11,691 $8,932 $12,568 $5,894 $8,298 $6,742 $9,487 $7,419 $10,442 $8,158 $11,480 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 41 NBFA MOU 2022-2025 8-52 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Side Letter of Agreement ("Agreement") between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("Association") (collectively "Parties") is entered into with respect to the following: WHEREAS, the parties recently negotiated a successor Memorandum of Understanding ("MOU") with a term of January 1, 2019 — December 31, 2021; and WHEREAS, the parties wish to modify their MOU as it relates to the subject of compensation for Firefighter/Paramedics by modifying the pay from an assignment pay to a rank for employees hired as Firefighter/Paramedics after January 1, 2016; and WHEREAS, the effective date of the changes below is the first day of the pay period following City Council approval of this Agreement; and WHEREAS, the following sets forth the parties' agreement: 1. Section 2, subsection B, of the parties' MOU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION B. Salary Differential 1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter (benchmark classification) and the other classifications represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Percent of Firefighter Firefighter Series Top Step Firefighter N/A Fire Engineer 112.50% Firefighter Paramedic hired on or after 1/1/16 117.25% Firefighter Paramedic hired prior to 1/1/16 122.25% Line Captain 132.00% Staff Captains shall receive an additional 7.5% of base pay over Line Captains. Assignment as a Staff Captain is for a maximum for two years unless extended by the Fire Chief. 2. Section 2, subsection I, of the parties' MOU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION I Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee shall meet the minimum requirements for the position to which they are moved up to. Such employees shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move - up compensation (for time actually working in the moved up assignment) shall be computed as follows: Firefighter to Engineer Regular rate +5% Firefighter (hired prior to January 1, 2016) to Paramedic Regular rate+22.25% Firefighter (hired on or after January 1, 2016) to Firefighter Paramedic Regular rate + 17.25% Firefighter to Captain Regular rate +5% Engineer (hired prior to January 1, 2016) to Paramedic Regular rate +9.75% Engineer to Captain Regular rate +5% Paramedic to Captain Regular rate +5% Captain to Battalion Chief Regular rate +5% If an employee is moved up and is using leave, the leave time shall be paid at the employee's regular rate of pay in the rank from which he/she was moved up. Time accumulated working in a move up position shall not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignments to a move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. The parties agree that to the extent permitted by law, pay for move up assignments is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(3) but not for new members as defined by the Public Employees' Pension Reform Act of 2013. 3. The parties agree that all references in their MOU to the term "Fire Paramedic" are changed to "Firefighter Paramedic". 4. The parties agree that the salary schedule to their MOU in Exhibits Al, A2 and A3 will be updated to include the salary range for Firefighter Paramedic 17.25%. 5. The job description for Firefighter Paramedic as modified is attached to this Agreement as Attachment A. Executed this 25 day of i V 146 , 2019. CITY OF NEWPORT BEACH: ce K. Leung, City M APPROVED AS TO FORM: NEWPORT BEACH FIREFIGHTERS ASSOCIATION: Bobby S1lerno, NBFA President ATTEST: Peter J. ' 'own, Special Counsel Leilani Brown, City Clerk Attachment A - Job Description CITY OF NEWPORT BEACH FIREFIGHTER PARAMEDIC DEFINITION: To provide basic and advanced emergency medical care to victims of sudden onset injury or illness, working independently or as a team with other fire department personnel. The Firefighter/Paramedic also conducts assigned fire prevention inspections, performs maintenance activities, interacts with the public and government officials, and participates in training activities: may also perform the duties and responsibilities of Firefighter when not operating as a Paramedic. DISTINGUISHING CHARACTERISTICS: This is a mid -level position in the fire suppression classification series of Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain, and may provide functional and technical direction to Firefighters. Employees at this level possess general knowledge of City policies and procedures, as well as a thorough knowledge of basic and advanced life support, fire suppression techniques, fire prevention codes and their application, and public service principles and practices. SUPERVISION RECEIVED AND EXERCISED: This position reports to an assigned Fire Captain. Medical compliance is provided by the EMS Division Chief. EXAMPLES OF ESSENTIAL DUTIES: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • Respond to emergency medical incidents to provide and direct the prehospital basic and advanced life support treatment and transportation in compliance with clinical standards; • Respond to emergency incidents and function as part of a team in the suppression of fires or other emergency situations, includes operating in and exposure to hazardous conditions and environments; • Document and complete all reports such as, prehospital care reports, incident reports, drug logs, training, and continuing education records; • Perform annual fire prevention inspections on assigned occupancies and follow through until all violations have been abated; • Drive and operate fire apparatus and other automotive equipment, when required; • Assume primary responsibility for the proper servicing and maintenance of assigned apparatus, equipment, and medical supplies; Firefighter Paramedic City of Newport Beach Page 2 • Participate in continuing training and instruction to include fire suppression, emergency medicine, fire prevention, hazardous materials, disaster response, technical rescue, occupational safety practices, customer service and other pertinent subjects; and • Perform other duties as assigned. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Basic and advanced emergency medical care practices; Safe emergency vehicle driving and operating practices; City geography and traffic circulation; County of Orange and State of California laws, ordinances, treatment guidelines, policies and procedures relating to prehospital care and transportation of the sick and injured; Command and control principles and practices relating to medical incident management; Operating principles and practices of fire apparatus and equipment; Basic firefighting principles and practices; Incident Command System position descriptions; Hazardous Materials Fire Responder techniques; Personal safety, wellness and fitness techniques; Fire and Building Code and Local ordinances; Newport Beach Fire Department Standard Operating Procedures, Department Manuals, and Administrative Guidelines; and Principles and practices of public education and customer relations. Firefighter Paramedic City of Newport Beach Page 3 Ability to: Apply technical knowledge in a critical, time -sensitive manner and make appropriate decisions regarding medical treatment and transportation; Safely drive and operate fire apparatus and equipment under adverse traffic and weather conditions; Operate highly sensitive and technical medical equipment; Maintain paramedic Iicensure and continuing education in compliance with State and local regulations; Perform physically demanding work for potentially extended periods of time under difficult, dangerous and stressful situations; Learn to effectively enforce a variety of life safety and fire prevention codes; Manage multiple tasks and assignments at the same time; Meet the Newport Beach Fire Department medical and fitness standards; Represent the Newport Beach Fire Department and the City of Newport Beach in a courteous, professional manner so as to not discredit or bring disrepute to the Department or City; Maintain confidentiality of medical and other privileged information; Communicate clearly and concisely, both orally and in writing; Regularly and predictably attend work; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationships with those contacted in the course of work. This position may be required to work overtime hours as needed. Firefighter Paramedic City of Newport Beach Page 4 PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS: Work is performed indoors and outdoors in a variety of locations to include on -site work at calls and incidents, in a City vehicle and in the Fire Stations. When working outdoors, may be exposed to the elements; may work under cold damp or hot dry conditions; crouch, sit, stand, walk, bend, reach, twist, grasp, drag, lift, and carry items weighing 45 pounds or more; climb ladders and stairs; pull and use fire hoses; work at heights greater than 10 feet; may be exposed to dust, chemicals, solvents, grease/oil, fumes, electrical and mechanical hazards, vehicular traffic, biological hazards, vibration, and noise; meet the physical requirements of the class and have mobility, vision including the ability to distinguish colors including red, green and yellow, speaking, hearing, sense of smell, dexterity, and use of both hands and legs appropriate to the duties to be performed. May administer first aid and in an emergency, push, pull, drag, and move individuals and/or others weighing 150 pounds or more. Must be able to fight fires wearing protective gear and self-contained breathing apparatus. May be exposed to blood or other bodily fluids or communicable diseases. EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE: A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Minimum eighteen (18) years of age. Education: High School graduation or GED equivalency. License/Certificate: Certification by the California State Board of Fire Services as a Certified Firefighter I or successful completion of a California State Board of Fire Services Firefighter I approved basic fire training curriculum, consisting of 240 hours of instruction in basic firefighting. Current EMT-P certification per California Administrative Code; Possession of accreditation from the Orange County Emergency Medical Services (OCEMS) to practice as a Paramedic. Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required. Ability to obtain a California firefighter restrictive driver's license. Current American Heart Association Certification in Cardiopulmonary Resuscitation. Ability to successfully complete the Newport Beach Fire Department Basic Pump Operator/Driver Certification program within six months of completion of the initial probationary period. Firefighter Paramedic City of Newport Beach Page 5 Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. Bargaining Group — NBFA FLSA: Non -Exempt Revised July 1, 2002 Revised June 2, 2008 Revised October 26, 2010 Revised January 10, 2011 Revised January 11, 2013 Revised September 20, 2018 Revised June 12, 2019 Exhibit A.1 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions REPRESENTED POSITION Revised: June 22, 2019 HOURLY RATE 1 MONTHLY SALARY 2 Min Max Min Max Fire Captain 112 Hours $30.40 $42.78 $7,377 $10,382 Fire Captain 80 Hours 3 $42.56 $59.89 $7,378 $10,382 Fire Captain+ 7.5% Assignment $45.76 $64.38 $7,931 $11,160 Fire Engineer 112 Hours $25.90 $36.44 $6,285 $8,842 Fire Engineer 80 Hours 3 $36.26 $51.01 $6,285 $8,842 Fire Facilities Coordinator $30.20 $42.51 $5,234 $7,368 Firefighter 112 Hours $21.95 $32.42 $5,326 $7,868 Firefighter 80 Hours $30.73 $45.40 $5,326 $7,869 Firefighter Paramedic 17.25 112 $27.02 $38.02 $6,557 $9,226 Firefighter Paramedic 17.25 80 $37.83 $53.23 $6,557 $9,227 Firefighter Paramedic_22.25_112 $28.22 $39.70 $6,848 $9,634 Firefighter Paramedic_22.25_80 $39.51 $55.58 $6,848 $9,634 Life Safety Specialist I $34.54 $48.60 $5,987 $8,425 Life Safety Specialist II $38.01 $53.49 $6,588 $9,272 Life Safety Specialist III $41.79 $58.81 $7,244 $10,194 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 Exhibit A.2 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: December 21, 2019, 2.0% Cost -of -Living Adjustment REPRESENTED POSITION HOURLY RATE 1 MONTHLY SALARY 2 Min Max Min Max Fire Captain 112 Hours $31.01 $43.64 $7,525 $10,589 Fire Captain 80 Hours' $43.42 $61.09 $7,525 $10,589 Fire Captain+ 7.5% Assignment $46.67 $65.67 $8,090 $11,383 Fire Engineer 112 Hours $26.42 $37.17 $6,411 $9,019 Fire Engineer 80 Hours 3 $36.98 $52.03 $6,411 $9,019 Fire Facilities Coordinator $30.80 $43.36 $5,339 $7,516 Firefighter 112 Hours $22.39 $33.07 $5,433 $8,026 Firefighter 80 Hours $31.34 $46.30 $5,433 $8,026 Firefighter Paramedic 17.25 112 $27.56 $38.78 $6,688 $9,411 Firefighter Paramedic 17.25 80 $38.59 $54.30 $6,689 $9,412 Firefighter Paramedic_22.25_112 $28.78 $40.50 $6,985 $9,827 Firefighter Paramedic_22.25_80 $40.30 $56.69 $6,985 $9,827 Life Safety Specialist I $35.23 $49.58 $6,107 $8,593 Life Safety Specialist II $38.77 $54.56 $6,720 $9,457 Life Safety Specialist III $42.63 $59.99 $7,389 $10,398 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 Exhibit A.3 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: December 19, 2020, 2.0% Cost -of -Living Adjustment REPRESENTED POSITION HOURLY RATE 1 MONTHLY SALARY 2 Min Max Min Max Fire Captain 112 Hours $31.63 $44.51 $7,675 $10,801 Fire Captain 80 Hours' $44.28 $62.31 $7,676 $10,801 Fire Captain+ 7.5% Assignment $47.61 $66.99 $8,252 $11,611 Fire Engineer 112 Hours $26.95 $37.91 $6,539 $9,200 Fire Engineer 80 Hours 3 $37.72 $53.07 $6,539 $9,200 Fire Facilities Coordinator $31.42 $44.23 $5,445 $7,666 Firefighter 112 Hours $22.83 $33.73 $5,541 $8,186 Firefighter 80 Hours $31.97 $47.23 $5,542 $8,187 Firefighter Paramedic 17.25 112 $28.11 $39.56 $6,822 $9,599 Firefighter Paramedic 17.25 80 $39.36 $55.38 $6,822 $9,600 Firefighter Paramedic_22.25_112 $29.36 $41.30 $7,124 $10,023 Firefighter Paramedic_22.25_80 $41.10 $57.83 $7,124 $10,023 Life Safety Specialist I $35.93 $50.57 $6,229 $8,765 Life Safety Specialist II $39.54 $55.65 $6,854 $9,646 Life Safety Specialist III $43.48 $61.19 $7,537 $10,606 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION Term: January 1, 2019 through December 31, 2021 NBFA MOU 2019-2021 TABLE OF CONTENTS Page PREAMBLE 1 SECTION 1 - GENERAL PROVISIONS Recognition 1 Term of Memorandum 1 Release Time 2 Scope 3 Bulletin Boards 4 Authority to Deduct Dues 4 Maintenance of Membership 4 Conclusiveness 5 Modifications 5 Savings 5 Impasse 5 Definitions 6 SECTION 2 - COMPENSATION Salary Adjustments - this MOU Period 6 Salary Differential 6 Firefighter — Special Step Increase 7 Probationary Firefighter Training Step 7 Overtime — Hours Worked 8 Required Uniform 8 Scholastic/Certificate Achievement Pay 9 Special Assignment Pay 10 Temporary Upgrading of Employees 11 Paramedic Training 13 Y-Rating 14 Shift Holdover 14 Emergency Recall 13 Bilingual Pay 14 Court Standby Pay 15 Longevity Pay 15 SECTION 3 - LEAVES Flex Leave 15 Telestaff System 17 Holiday Time 17 Bereavement Leave 19 Catastrophic Leave 19 Jury Duty 19 Worker's Compensation Leave 20 Scheduling of Medical Treatment for Industrial Injuries 20 Reassignment 20 Early Relief 20 SECTION 4 - FRINGE BENEFITS Insurance 21 Additional Health Insurance/Programs 22 Employee Assistance Program 23 PERS Retirement Benefit 23 Defined Contribution Plan 26 Retiree Medical Benefit 27 Tuition Reimbursement and Training 31 Fitness Program 32 Physical Conditioning Equipment 32 SECTION 5 - MISCELLANEOUS PROVISIONS Reduction in Force/Layoffs 33 Discipline Plan 35 Fire Suppression Equipment Staffing Levels 36 EMT Certification 36 No Smoking 36 Life Safety Services Classifications 36 Exposure Log 36 Grievance Procedure 37 48/96 Schedule 37 Consecutive Shifts 37 Requirement to Live Within 150 Miles of City Limits 37 EXHIBIT A — Represented Classifications and Pay Rates 39 ii PREAMBLE This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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 of employees in the unit of representation NBFA is recognized to represent (unit members). 2. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 the classifications of Fire Captain 112 Hours Fire Captain + 7.5% (80 hours) Fire Engineer 112 hours Fire Facilities Coordinator Fire Paramedic 112 Hours Fire Paramedic 80 Hours Firefighter 112 Hours Firefighter 80 Hours Life Safety Specialist I Life Safety Specialist II Life Safety Specialist 111 B. Term 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 January 1, 2019. This MOU shall remain in full force and effect until December 31, 2021, and the provisions of this 1 NBFA MOU 2019-2021 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 any 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 such as, or similar to, this MOU. C. Release Time 1. Unit members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a. Attendance at off -site meetings, conferences, seminars or workshops related to matters within the scope of representation. b. To prepare for scheduled meetings between the City and NBFA during the meet and confer process. c. i. To travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. ii. To travel to and attend scheduled grievance and disciplinary hearings. iii. To meet, for up to one hour, with a unit member(s) they are representing prior to a hearing described in subsection C(1)(c)(ii) above. 2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a) and 1 (b). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants Unit members the right to engage in the activities described in subsection 1(c) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time, or, prior to adjusting work hours. Requests for release time shall be 2 NBFA MOU 2019-2021 granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. a. The NBFA President shall be entitled to a maximum of 200 hours per calendar year for appropriate association related business, excluding time required for the meet and confer process. The NBFA President shall, at his/her discretion, allocate Release Time to NBFA Board members or other designates, to a maximum of 150 hours per year per individual. In the event the 200 hours for the President or 150 hours for other NBFA designates are insufficient, the President may submit a request to the Assistant City Manager or designee, with justification, that additional hours be granted. In no event shall the Association be granted more than a total of 400 hours per year for all designates. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), Unit members may voluntarily contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' shall be defined as accrued flex leave. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. 3 NBFA MOU 2019-2021 When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001- 50. E. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards by the NBFA shall indicate that the NBFA posted them. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of any protected class under the law or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Authority to Deduct Dues from Members' Paychecks The City will deduct dues from members of the Association and will remit it to the Association. It is the Association's responsibility to inform the City's Human Resources Director as to which members of the bargaining unit are members of the Association. The Association shall inform the Human Resources Director in writing of any changes in the membership status of any Association members. G. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the 4 NBFA MOU 2019-2021 Unit may terminate Association membership by submitting to the Association a signed request to cancel payroll dues deduction. If that occurs, the Association will advise the Human Resources Director to cancel payroll dues deduction to the Association for such employee. Pursuant to Government Code section 1157.12(b), the Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities by any unit member in reliance upon information provided by the Association respecting requests to cancel or change payroll deductions for such employee. H Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 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. J. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that Unit members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. 5 NBFA MOU 2019-2021 L. Definitions For the purposes of this MOU, these terms shall have the following meanings: 1. The term "member" or "unit member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any unit member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any unit member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2 — COMPENSATION A. Salary Adjustments — this MOU Period Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the pay period that includes January 1, 2019 there shall be a base salary increase of two percent (2%) for all represented classifications. 2. Effective the payroll period that includes January 1, 2020, there shall be a base salary increase of two percent (2%) for all represented classifications. 3. Effective the payroll period that includes January 1, 2021, there shall be a base salary increase of two percent (2%) for all represented classifications. B. Salary Differential 1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter (benchmark classification) and the other classifications represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Percent of Firefighter Firefighter Series Top Step Firefighter N/A Fire Engineer 112.50% 6 NBFA MOU 2019-2021 Fire Paramedic hired prior to 1/1/16 Line Captain 122.25% 132.00% Staff Captains shall receive an additional 7.5% of base pay over Line Captains. Assignment as a Staff Captain is for a maximum for two years unless extended by the Fire Chief. 2. Paramedic Pay For Firefighters Working as Paramedics Hired on or After January 1, 2016: Firefighters hired on or after January 1, 2016 will not be placed into the Paramedic classification. They will remain in the Firefighter classification and receive Paramedic Pay of 17.25%. The parties agree that to the extent permitted by law, Paramedic Pay is special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2). C. Firefighter- Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. D. Probationary Firefighter Training Step Probationary Firefighters will be placed at the Training Step (Step "1T") upon initial appointment. Upon completion of the NB Fire Recruit Academy, employees will be eligible to advance to Firefighter Step 1. Probationary employees will be eligible for advancement to Step 2 following 12 months from date of initial appointment and upon documented successful performance. Notwithstanding advancement to Step 2, until the City Council approves this MOU, the probationary period for a new Firefighter is 18 months from the date of hire. The probationary period for a new Firefighter hired after January 8, 2019 is 12 months. Any firefighter serving his/her probationary period for at least 12 months on the date of Council approval of this MOU will be considered to have passed probation on that date. Any Firefighter serving his/her probationary period for less than 12 months on the date of Council approval of this MOU will need to need to complete 12 months on probation to complete his/her probation period. 7 NBFA MOU 2019-2021 E. Overtime 1. FLSA Overtime shall consist of authorized hours actually worked in excess of 91 hours in a 12-day work period as previously established by the City and as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption. Use of Flex Leave, shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime. Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift, and shall be paid one -and -one-half times the employee's regular rate of pay. Use of Flex Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. Leave Without Pay shall not be considered as hours worked for determining Contract Overtime eligibility. Contract Overtime shall be calculated based on the employee's regular rate of pay, less 7%. The rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost Tess than the Allowance. 2. Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. 3. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter, Fire Engineer or Paramedic. 4. Employees assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to Department consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department. F. Required Uniform City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets 8 NBFA MOU 2019-2021 and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap. City shall not be responsible for providing employee with socks, underwear, or workout shoes, or other clothing. The City will provide each fire suppression member with a set of front-line turnout gear and an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. Reserve turnouts may be personally issued to each member at the Fire Chief's discretion. This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance ($1,519 annually) for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CaIPERS. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, i.e., safety boots and turnout gear. G. Scholastic/Certificate Achievement Pay Unit members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the unit member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the unit member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. For employees hired before May 22, 2012, scholastic and/or Certificate achievement pay is contingent upon number of units and/or degrees received by the employee. Unit members hired on and after May 22, 2012 shall be ineligible for any scholastic pay based upon having obtained units only. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education 9 NBFA MOU 2019-2021 Training Council. Unit members shall receive scholastic and/or certificate achievement pay in accordance with the following: 1. Scholastic Pay College Semester/Unit: 30 60 90 90 120 A.A./A.S. B.A./B.S. of Actual Step in Job Class Range: 1.5%/month 2.5%/month 3.5%/month 3.5%/month 4.5%/month 3.5%/month 5.5%/month 2. Certificate Achievement Pay Certificate achievement pay is contingent upon employee's satisfactory completion of the initial probationary period with the Newport Beach Fire Department and completion of the required coursework for Company Officer (formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire Prevention Specialist) certification as outlined below, and the opening of the associated State Fire Training task book. Company Officer also requires completion of the NBFD (internal) Captain's task book. Proof of course completion must accompany this application and be in the form of one of the following: 1. A certificate from the Office of the State Fire Marshal. 2. A letter from the Office of the State Fire Marshal certifying the employee has completed the course(s). 3. Transcripts from an accredited college, university or entity, or certificates indicating the employee has been credited for course completion. NBFA members shall receive 3.0 % of base pay for either Company Officer or Fire Inspector II course completion, opening of the associated State Fire Training task book, and completion of NBFD (internal) Captain's task book (Company Officer only). H. Special Assignment Pay The following additional payments shall be made to certain Unit members based on assignment: 1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows: 10 NBFA MOU 2019-2021 Assignment Maximum Compensation Number* (% of base pay) Shift Fire Investigator 6 5% Radio/MDC 1 5% SCBA 3 2% Map/Preplan 1 2% Special assignment compensation shall cease when individuals are no longer performing the assignment. Employees who enter the above assignments after the approval of this MOU will be assigned for three years, after which they will rotate out of their assignment (assuming there are qualified replacements) absent an extension by the Fire Chief, who shall have the option to authorize up to two one-year extensions. Notwithstanding the above, employees currently assigned as Shift Fire Investigators shall be subject to rotation effective July 1, 2019. Removal from any of these special assignments at the end of the prescribed term shall not trigger any right of appeal. The parties agree that to the extent permitted by law, Shift Fire Investigator Pay is special compensation and shall be reported to CaIPERS as Fire Investigator Premium pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3). *Subject to modification by the department. 2. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments (which will vary based on the needs of the Department as determined by the Fire Chief) will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee shall meet the minimum requirements for the position to which they are moved up to. 11 NBFA MOU 2019-2021 Such employees shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move -up compensation (for time actually working in the moved up assignment) shall be computed as follows: Firefighter to Engineer Firefighter (hired prior to January 1, 2016) to Paramedic Firefighter to Captain Engineer (hired prior to January 1, 2016) to Paramedic Engineer to Captain Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.25% Regular rate +5% Regular rate +9.75% Regular rate +5% Regular rate +5% Regular rate +5% If an employee is moved up and is using leave, the leave time shall be paid at the employee's regular rate of pay in the rank from which he/she was moved up. Time accumulated working in a move up position shall - not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignments to a move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. The parties agree that to the extent permitted by law, pay for move up assignments is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(3) but not for new members as defined by the Public Employees' Pension Reform Act of 2013. 2. Acting Appointments The formal and expressed assignment of an employee to perform the significant duties and responsibilities of a higher classification for more than six (6) consecutive shifts shall be deemed an acting appointment. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. 12 NBFA MOU 2019-2021 Acting employees shall be compensated the beginning of the pay period following the sixth consecutive shift in the salary range of his/her acting classification at a rate that is at least five (5%) percent higher than their current rate. All Flex leave shall be paid at the employee's new rate of pay. In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 180 days. 3. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. The parties agree that to the extent permitted by law, Tiller Pay is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3). J. Paramedic Training The parties agree to a competitive process for which up to a maximum of three (3) current Firefighters (no more than two (2) per fiscal year), maybe selected, based on the operational needs of the Fire Department, to attend Paramedic school during the term of this MOU. Selected employees will be compensated at their normal rate of pay while attending school and during any clinical training. Following completion of school and clinical training, during the on- the-job training period employees shall receive 5% assignment pay. Following all training, employees will return to their normal rate of pay until such time as they are selected for Paramedic assignment. This section shall terminate upon the expiration of this MOU. Assignment to Paramedic School shall not be construed as assignment to position for the purposes of probation. 13 NBFA MOU 2019-2021 K. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. L. Shift Holdover Unit members who are held over at the conclusion of any shift shall be compensated at the appropriate rate for each hour, or portion thereof, the employee worked beyond the end of the shift. M. Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off -duty hours for actual firefighting, or similar emergency designated by the Fire Chief, the employee shall receive a minimum of four (4) hours compensation at the appropriate rate. If an employee works less than (4) hours, he/she will receive four hours of compensation at the appropriate rate. If an employee works for four (4) hours or more, he/she will receive compensation for the time worked at the appropriate rate. N. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing 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. The parties agree that to the extent permitted by law, the Bilingual pay in this section is special compensation and shall be reported to Ca/PERS as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium. 14 NBFA MOU 2019-2021 O. Court Standby Pay Unit members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. Unit members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify as to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. P. Longevity Pay Years of Service Longevity Pay 16 but less than 20 20 but Tess than 25 25 and over 1.5% 2.5% 3.5% The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1). SECTION 3 - LEAVES A. Flex Leave 1. Unit members shall accrue flex leave as follows as set forth in the chart below. The amounts that are listed in the column entitled "Maximum Accrual" include both the maximum accrual of flex leave (52 pay periods worth of flex leave) and also include the amount of holiday time which the parties have agreed that employees may accrue per Section 3C (Holiday Time). Leave Accrual Years of Srvc Hrs/Pay Period Line Employees*: 1 but Tess than 5 5 but less than 9 9 but less than 12 12 and over 9.77 10.69 11.62 12.54 Maximum Accrual 796.12 843.96 892.32 940.16 15 NBFA MOU 2019-2021 Staff and Non -Safety Employees: 1 but Tess than 5 5 but less than 9 9 but less than 12 12 and over 6.97 7.63 8.33 8.95 568.36 602.68 639.08 671.32 2. The Flex leave program shall be administered as follows: a. Unit members shall not accrue Flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months, provided however, if a member on the Flex leave program becomes sick during the first three (3) months of employment, the City will advance up to six (6) pay periods of accrued leave time for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment, the member's final check shall be reduced by an amount equal to the number of Flex leave hours advanced multiplied by the member's hourly rate of pay. Unit members shall accrue three months of flex leave (as provided in the charts in paragraph Al above) immediately upon completion of three (3) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first three months of employment. b. Members employed by the City prior to initiation of the Flex leave program have had the current accrued vacation time converted to Flex leave on an hour for hour basis. c. Earned Flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. Unit members shall not be permitted to accrue Flex leave in excess of the maximum permitted, unless the employee is unable to use leave benefits because of an industrial disability, hardship or extraordinary circumstances. d. All requests for scheduled Flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request Flex leave in excess of the amount accrued. 16 NBFA MOU 2019-2021 e. Flex leave may be taken in four (4) hour increments. f. Members shall be paid for all accrued Flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon separation from employment. B. Telestaff System The City has implemented "Telestaff which phased out the Vacation Selection System (VSS). The City commits to maintain Telestaff subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing Telestaff. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. C. Holiday Time 1. Line Employees The provisions of this subsection shall apply only to Unit members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. Unit members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex leave Account on a bi—weekly basis. The parties agree, to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay. Effective October 1, 1996, all Line employees were provided a one-time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday 17 NBFA MOU 2019-2021 time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off in lieu of cash payment. 2. Staff Employees The holiday benefit for staff employees shall be as follows: : Staff employees shall accrue 3.96 hours of holiday leave per pay period (102.96 hours per year). This holiday leave is to provide leave for employees for the following twelve (12) holidays: New Years' Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, one—half day on New Year's Eve and one floating holiday. The holiday leave accrued will be added to employees' flex leave banks. The maximum accrual of flex leave set forth in in Section 3A1 above includes 205.92 hours which is two years (52 pay periods) of holiday leave. Even though the holiday leave is added to employees' flex leave banks, staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. If that occurs, time will be charged against the employee's Flex leave bank. Notwithstanding the holiday leave benefit provided above, newly hired non -sworn staff employees shall have the one-time option (at the time of hire) to accrue holiday time as pay. If that occurs, such an employee's flex leave maximum accrual (addressed in Section 3A 1 above) will be reduced by 205.92 hours which is two years (52 pay periods) of holiday leave. If holiday time is provided as pay (if, that election as made as provided above) it shall not be reported to CaIPERS as special compensation per California Code of Regulations 571(a)(5) because these employees they do not work in positions that require scheduled staffing without regard to holidays. 18 NBFA MOU 2019-2021 3. Holiday Time Election Effective following adoption of the 2015-18 MOU, all then current unit members were provided another one-time opportunity to change all or a portion of their future annual holiday benefits to pay or time off. The City provided a 28-day window (2 pay periods) for employees to make the new election. Once selected, the election became uniform from year to year. All other elements of the election were as provided in D(1) and D(2) above. D. Bereavement Leave Bereavement leave shall be defined as the necessary absence from duty by an employee because of a death or terminal illness in his/her immediate family. Staff and non -safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave (terminal illness followed by death is considered one incident). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild and grandparents, and the employee's spouse/domestic partner's mother, father, brother, sister, child and grandparent. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. E. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program in the City of Newport Beach Administrative Procedure. F. Jury Duty Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. If an employee calls in at night and finds out that he/she must report to jury duty the next day (and is scheduled to be working that day as part of a regular shift or on an overtime basis) he/she must contact his/her Battalion Chief as soon as possible so that coverage can be arranged for his/her shift. 19 NBFA MOU 2019-2021 G. Worker's Compensation Leave The City will comply with the provisions of Labor Code section 4850 for workers' compensation claims. H. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or its representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. J. Early Relief The parties acknowledge Department of Labor regulation, 29 CFR section 553.225 that provides: 20 NBFA MOU 2019-2021 "It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work." The parties acknowledge that if there is early relief, the City does not require it. The Association agrees that it will advise the Human Resources Director in writing if at any time in the future it learns or believes that the City is requiring early relief. If that occurs, early relief will immediately end. SECTION 4 — FRINGE BENEFITS A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each recognized employee organization with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. 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. 21 NBFA MOU 2019-2021 Effective the pay issue that includes: January 1, 2019, the City's contribution towards the Cafeteria Plan will increase by $200.00, to $1,824.00 (plus the minimum CaIPERS participating employee's contribution). Unit 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. Employees electing to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive a maximum cafeteria allowance of $1,000.00 per month. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. B. Additional Health Insurance/Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base 22 NBFA MOU 2019-2021 salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall pay one percent (1%) of base salary as a post -tax deduction for this benefit. Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. PERS Retirement Benefit 1. Retirement Formula The City contracts with the California Public Employees Retirement System ("CaIPERS" or "PERS") to provide retirement benefits for its 23 NBFA MOU 2019-2021 employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier I ("Legacy"): For employees hired by the City on or before November 23, 2012, the retirement formula for safety members shall be 3%@50 and the retirement formula for non -safety members shall be 2.5%@ 55, calculated on the basis of the highest consecutive 12 month period selected by the employee. Tier II ("Classic"): For employees first hired by the City between November 24 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(f), the retirement formula for safety members shall be 2%@50 and the retirement formula for non -safety members shall be 2%@60, calculated on the basis of the highest consecutive 36 month period selected by the employee. Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013, who are new members, the safety retirement formula shall be 2.7%@57 and the non -safety retirement formula shall be 2.0%@62, calculated on the basis of the highest consecutive 36 month period selected by the employee. 2. Employee Contributions Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays normally reported as pensionable compensation or compensation earnable, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the Internal Revenue Code. a. Safety Tiers I and II: Effective the pay period which includes January 1, 2019, all members in Tier I and 11 shall contribute the full statutory member contribution equal to 9% of pensionable compensation earnable 24 NBFA MOU 2019-2021 plus an additional half of one percent (5%) of compensation earnable for a total of 3.5% of compensation earnable of the Employer rate for a total contribution of 12.5% of compensation earnable. Effective the pay period which includes January 1, 2020, all members in Tier I and 11 shall contribute the full statutory member contribution equal to 9% of pensionable compensation earnable plus an additional half of one percent (5%) of compensation earnable for a total of 4.0% of compensation earnable of the Employer rate for a total contribution of 13.0% of compensation earnable. Effective the pay period which includes January 1, 2021, all members in Tier I and 11 shall contribute the full statutory member contribution equal to 9% of pensionable compensation earnable plus an additional half of one percent (5%) of compensation earnable for a total of 4.5% of compensation earnable of the Employer rate for a total contribution of 13.5% of compensation earnable. Tier III: The normal member contribution rate for Tier III members is 50% of the total normal cost and is calculated annually for possible adjustments as provided in the PERS valuations. Effective the pay period which includes January 1, 2019, Tier 111 unit members will contribute the full statutory member contribution. If that rate is less than 12.5% of pensionable compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 12.5% of pensionable compensation. Effective the pay period which includes January 1, 2020, Tier 111 unit members will contribute the full statutory member contribution. If that rate is less than 13% of pensionable compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 13% of pensionable compensation. Effective the pay period which includes January 1, 2021, Tier 111 unit members will contribute the full statutory member contribution. If that rate is less than 13.5% of pensionable compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to 25 NBFA MOU 2019-2021 achieve a total contribution of 13.5% of pensionable compensation. b. Non Safety Tier I: Tier I employees shall contribute eight percent (8%) of pensionable compensation for the CaIPERS member contribution, an additional 2.42% of pensionable compensation as cost sharing pursuant to Government Code section 20516(a) and an additional 2.58% of pensionable compensation as cost sharing pursuant to Government Code §20516(f. Employees shall contribute a total of 13.0% of pensionable compensation for retirement contributions. Tiers II: Tiers II unit members shall contribute a total employee contribution of 13.0% of compensation earnable - seven percent (7%) member contribution and six percent from cost sharing per Government Code section 20516(0. Tier Ill Tier 111 unit members will contribute the rate established by CaIPERS as half the normal cost. In addition, these members will contribute the difference between half the normal cost and 13.0% as cost sharing per Government Code section 2O516(f) to achieve a total contribution of 13.0% of pensionable compensation. c. The City's contract with PERS shall also provide for: • The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. • The Level 4 1959 Survivors Benefits. • The PERS pre -retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members. E. Defined Contribution Plan In 2013 the City established a Defined Contribution Plan for safety unit members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II 26 NBFA MOU 2019-2021 and III). Such employees are eligible to participate in a Defined Contribution plan (Plan), administered by the City or its designee in accordance with said regulatory agency regulations and laws. The Plan shall continue to be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2005. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS, formerly the Medical Expense Reimbursement Program Plan, i.e.: MERP). 27 NBFA MOU 2019-2021 a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expenses after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend 28 NBFA MOU 2019-2021 type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Nothing in this section restricts taking leave for time off purposes. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee 29 NBFA MOU 2019-2021 Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution (i.e., the CaIPERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the 30 NBFA MOU 2019-2021 previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. G. Tuition Reimbursement and Training Maximum tuition reimbursement (for both college courses and non -college authorized courses) for unit members shall be $1,500 per fiscal year. 1. College Courses Unit members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement. Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre -authorized or prior approval is received from the Fire Chief or designee. Examples include, but are not limited to: California State Fire Marshal Courses and CICCS Courses. 31 NBFA MOU 2019-2021 2. Non -College Courses Unit members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Unit members who must stay in lodging to attend such classes, courses or seminars because of their location are required to seek single occupancy governmental rates (at GSA rates) when booking lodging for the class, course or seminar. Reimbursement for more than single occupancy governmental rates will be provided only if such rates are not available and if approved by the Fire Chief. Job -related courses, training and seminars will be considered pre - authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources. Training — Workers' Comp Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers' compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. H. Fitness Program All unit members shall participate in the Department Fitness Program as outlined in Department SOP. Physical Conditioning Equipment 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $25,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. All purchases need to be approved by the Fire Chief. Up 32 NBFA MOU 2019-2021 to $10,000 may be carried over to a subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All unit members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5 — MISCELLANEOUS PROVISIONS A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. Layoff or Layoffs shall mean the non —disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted regular status, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in 33 NBFA MOU 2019-2021 the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for Tess supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. In this bargaining unit the following are the Series which exist: 1) Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain; 2) Life Safety Specialist 1, Life Safety Specialist l/ and Life Safety Specialist III; and 3) Fire Facilities Coordinator. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within the Series within the bargaining unit, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. 34 NBFA MOU 2019-2021 d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any). 4. Re —Employment Regular and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Regular employees who are laid off shall, as of the date of lay—off, receive one -week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation. B. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. 35 NBFA MOU 2019-2021 Fire Suppression Equipment Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and three (3) fire suppression personnel on one truck company and four (4) fire suppression personnel on the second truck company. The Fire Chief or designee shall have the discretion to add a fourth fire suppression personnel to the truck company staffed with three fire suppression personnel on a regular or overtime, i.e., "backfill" basis, based on operational needs, for a minimum 12 hour period. However, nothing contained herein shall be construed as altering the existing 24 hour shift for fire suppression employees. D. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. E. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products (including vaping and e-cigarettes) at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Smoking an occasional celebratory cigar (birth of a child, etc.) while off -duty shall not be considered a violation of this section. F. Life Safety Services Classifications Existing flexible staffing provisions in Life Safety Services Classifications shall remain in effect for the term of this agreement. G. Exposure Log The City maintains an exposure log system. 36 NBFA MOU 2019-2021 H Grievance Procedure Except as described herein, unit employees and the Association are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the grievance procedure shall be presided over the Fire Chief, and Step 3 of the grievance procedure shall be the City Manager. The City Manager shall render the final and binding grievance determination which shall be subject to the right of the employee and/or the Association to seek judicial review per Code of Civil Procedure section 1094.5. The Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of this MOU. 48/96 Schedule The Fire Department currently operates with a 48/96 schedule. J. Consecutive Shifts Except for employees assigned to "strike teams" unit members are limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24 hour shift. Additional consecutive shifts may be permitted with mutual agreement between the employee and the Battalion Chief unless there are operational needs. In which case, the Department may extend the number of consecutive shifts which will be worked by employees. K. Requirement to Live Within 150 Miles of City Limits Unit members hired after January 1, 2019 are required to live within 150 miles of the City limits. Signatures are on the next page. 37 NBFA MOU 2019-2021 ATTEST: Bv• Executed this Leilani Brown, City Clerk day of-JOAVM R-1 , 2019. NEWPORT BEACH FIREFIGHTERS ASSOCIATION B i - Bobby Salerno, NBFA President CITY OF NEWPORT BEACH By: APPROV D AS TO FORM Bv: , Mayor Peter J.`? own, Special Counsel Attachment: EXHIBIT A - NBFA Represented Classifications and Pay Rates 38 NBFA MOU 2019-2021 EXHIBIT A.1 NBFA MOU Newport Beach Firefighters Association Represented Sworn and Non -Sworn Positions and Pay Rates MOU Term: January 1, 2019 - December 31, 2021 Effective: December 22, 2018 2.0% Adjustment REPRESENTED POSITION HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Fire Captain (112 Hours) $30.40 $42.78 $7,377 $10,382 Fire Captain (80 Hours) 3 $42.56 $59.89 $7,378 $10,382 Fire Captain (7.5% Assignment) $45.76 $64.39 $7,932 $11,160 Fire Engineer (112 Hours) $25.90 $36.44 $6,285 $8,842 Fire Engineer (80 Hours) 3 $36.26 $51.01 $6,285 $8,842 Fire Facilities Coordinator $30.20 $42.51 $5,234 $7,368 Fire Paramedic (112 Hours) $28.22 $39.70 $6,848 $9,634 Fire Paramedic (80 Hours) $39.51 $55.58 $6,848 $9,634 Firefighter (112 Hours) $21.95 $32.42 $5,326 $7,868 Firefighter (80 Hours) $30.73 $45.40 $5,326 $7,869 Life Safety Specialist I $34.54 $48.60 $5,987 $8,425 Life Safety Specialist II $38.01 $53.49 $6,588 $9,272 Life Safety Specialist III $41.79 $58.81 $7,244 $10,194 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. * Pay rates may vary slightly, due to rounding. 3 Temporary staff/administrative assignments. 39 NBFA MOU 2019-2021 EXHIBIT A.2 NBPA MOU Newport Beach Firefighters Association Represented Sworn and Non -Sworn Positions and Pay Rates MOU Term: January 1, 2019 - December 31, 2021 Effective: December 21, 2019 2.0% Adjustment REPRESENTED POSITION HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Fire Captain (112 Hours) $31.01 $43.64 $7,525 $10,589 Fire Captain (80 Hours) 3 $43.42 $61.09 $7,525 $10,589 Fire Captain (7.5% Assignment) $46.67 $65.67 $8,090 $11,384 Fire Engineer (112 Hours) $26.42 $37.17 $6,411 $9,019 Fire Engineer (80 Hours) 3 $36.98 $52.03 $6,411 $9,019 Fire Facilities Coordinator $30.80 $43.36 $5,339 $7,516 Fire Paramedic (112 Hours) $28.78 $40.50 $6,985 $9,827 Fire Paramedic (80 Hours) $40.30 $56.69 $6,985 $9,827 Firefighter (112 Hours) $22.39 $33.07 $5,433 $8,026 Firefighter (80 Hours) $31.34 $46.30 $5,433 $8,026 Life Safety Specialist I $35.23 $49.58 $6,107 $8,593 Life Safety Specialist II $38.77 $54.56 $6,720 $9,457 Life Safety Specialist III $42.63 $59.99 $7,389 $10,398 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. * Pay rates may vary slightly, due to rounding. 3 Temporary staff/administrative assignments. 40 NBFA MOU 2019-2021 EXHIBIT A.3 NBPA MOU Newport Beach Firefighters Association Represented Sworn and Non -Sworn Positions and Pay Rates MOU Term: January 1, 2019 - December 31, 2021 Effective: December 19, 2020 2.0% Adjustment REPRESENTED POSITION Fire Captain (112 Hours) Fire Captain (80 Hours) 3 Fire Captain (7.5% Assignment) Fire Engineer (112 Hours) Fire Engineer (80 Hours) 3 Fire Facilities Coordinator Fire Paramedic (112 Hours) Fire Paramedic (80 Hours) Firefighter (112 Hours) Firefighter (80 Hours) Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III HOURLY PAY RATE 1 MIN MAX $31.63 $44.51 $44.28 $62.31 $47.61 $66.99 $26.95 $37.91 $37.72 $53.07 $31.42 $44.23 $29.36 $41.30 $41.10 $57.83 $22.83 $33.73 $31.97 $47.23 $35.93 $50.57 $39.54 $55.65 $43.48 $61.19 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. * Pay rates may vary slightly, due to rounding. 3 Temporary staff/administrative assignments. MONTHLY PAY RATE 2 MIN MAX $7,675 $7,676 $8,252 $6,539 $6,539 $5,445 $7,124 $7,124 $5,541 $5,542 $6,229 $6,854 $7,537 $10, 801 $10,801 $11, 611 $9,200 $9,200 $7,666 $10,023 $10,023 $8,186 $8,187 $8,765 $9,647 $10, 606 41 NBFA MOU 2019-2021 AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION Term: January 1, 2015 through December 31, 2018 NBFA MOU 2015-2018 TABLE OF CONTENTS Page PREAMBLE 1 SECTION 1 - GENERAL PROVISIONS Recognition 1 Duration of Memorandum 1 Release Time 2 Scope 3 Bulletin Boards 4 Dues Check -off 4 Maintenance of Membership 5 Conclusiveness 5 Modifications 5 Savings 5 Impasse 5 Definitions 6 SECTION 2 - COMPENSATION SalaryAdjustments - this MOU Period 6 Salary Differential 6 Firefighter — Special Step Increase 7 Probationary Firefighter Training Step 7 Overtime — Hours Worked 8 Required Uniform 9 Scholastic/Certificate Achievement Pay 9 Special Assignment Pay 10 Temporary Upgrading of Employees 11 Paramedic Training 13 Y-Rating 13 Shift Holdover 13 Emergency Recall 13 Bilingual Pay 14 Court Standby Pay 14 Longevity Pay 14 SECTION 3 - LEAVES Flex Leave 14 Telestaff System 17 Vacation/Sick Leave 17 Holiday Time 17 Bereavement Leave 18 i Catastrophic Leave 19 Jury Duty 19 Flex Leave Premium Pay Account 19 Worker's Compensation Leave 19 Scheduling of Medical Treatment for Industrial Injuries 20 Reassignment 20 SECTION 4 - FRINGE BENEFITS Insurance 21 Additional Health Insurance/Programs 22 Employee Assistance Program 23 PERS Retirement Benefit 23 Defined Contribution Plan 27 Retiree Medical Benefit 28 Tuition Reimbursement and Training 32 Fitness Program 33 Physical Conditioning Equipment 34 SECTION 5 - MISCELLANEOUS PROVISIONS Reduction in Force/Layoffs 34 Discipline Plan 37 Fire Suppression Equipment Staffing Levels 37 EMT Certification 37 No Smoking 37 Life Safety Services Classifications 38 Exposure Log 38 Grievance Procedure 38 48/96 Schedule 38 Consecutive Shifts 38 Paramedic Program 38 EXHIBIT A — Represented Classifications and Pay Rates 41 ii PREAMBLE This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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 of employees in the unit of representation NBFA is recognized to represent (unit members). 2. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 2015 through December 31, 2018 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 2015-2018 MOU. 4. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 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 January 1, 2015. This MOU shall remain in full force and effect until December 31, 2018, 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. 1 NBFA MOU 2015-2018 The parties agree that, if NBFA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of the MOU, the parties will begin negotiations promptly, with the objective of reaching an agreement by December 31, 2018. 2. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Release Time 1. Unit members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a. Attendance at off -site meetings, conferences, seminars or workshops related to matters within the scope of representation; b. To prepare for scheduled meetings between the City and NBFA during the meet and confer process. c. i. To travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. ii. To travel to and attend scheduled grievance and disciplinary hearings. iii. To meet, for up to one hour, with a unit member(s) they are representing prior to a hearing described in subsection C.c.ii above. 2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a and b). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants Unit members the right to engage in the activities described in subsection 1(c) at any time without reduction to the Release Time granted in subsection 2. 2 NBFA MOU 2015-2018 4. NBFA shall designate certain members as those members entitled to release time. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time, or, prior to adjusting work hours. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. a. The NBFA President shall be entitled to a maximum of 200 hours per calendar year for appropriate association related business, excluding time required for the meet and confer process. The NBFA President shall, at his/her discretion, allocate Release Time to NBFA Board members or other designates, to a maximum of 150 hours per year per individual. In the event the 200 hours for the President or 150 hours for other NBFA designates are insufficient, the President may submit a request to the Assistant City Manager or designee, with justification, that additional hours be granted. In no event shall the Association be granted more than a total of 400 hours per year for all designates. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), Unit members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, the contributed time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' shall be defined as accrued flex leave. 6. There is no entitlement to release time for any matter not set forth above. D. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in 3 NBFA MOU 2015-2018 the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001- 50. E. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Dues Check -off Unit members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. 4 NBFA MOU 2015-2018 G. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate such Association dues by submitting a signed request to cancel payroll deduction to the Human Resources Director. This signed request shall be followed up with a second request at a time between 30 and 45 days of the original letter. The Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application or implementation of the provisions of this section. H. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 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. J. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that Unit members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on 5 NBFA MOU 2015-2018 mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. Upon request by the Association the parties will engage in non -binding fact finding pursuant to State law. L. Definitions For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or "unit member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any unit member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any unit member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. — COMPENSATION A. Salary Adjustments — this MOU Period Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the payroll period that includes July 1, 2015, there shall be a base salary increase of 2.75% for all represented classifications. 2. Effective the payroll period that includes January 1, 2016, there shall be a base salary increase of 2.75% for all represented classifications. 3. Effective the payroll period that includes January 1, 2017, there shall be a base salary increase of 2.75% for all represented classifications. 4. Effective the payroll period that includes January 1, 2018, there shall be a base salary increase of 2.75% for all represented classifications B. Salary Differential 1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter (benchmark classification) and the other classifications represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total 6 NBFA MOU 2015-2018 compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Firefighter Series Percent of Firefighter Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Line Captain 132.00% Staff Captains shall receive an additional 7.5% of base pay over Line Captains. 2. The Paramedic classification shall be maintained for current unit members as of January 1, 2016. The salary range for Paramedic will remain set at 22.25% above Firefighter (top step to top step). Effective upon adoption of this 2015-18 MOU, the City shall establish Paramedic Premium pay in lieu of the Paramedic classification for employees in the classification of Firefighter hired after January 1, 2016 who are serving as Paramedics. The Paramedic Premium shall be set at 17.25% above the employee's base salary as a Firefighter and will be reported to PERS as compensation earnable. C. Firefighter- Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. . D. Probationary Firefighter Training Step Effective January 1, 2016, the City shall establish an entry level Firefighter Training Step (Step "1 T") that is set 5% below current Firefighter Step 1. Probationary Firefighters will be placed at the Training Step upon initial appointment. Upon completion of the NB Fire Recruit Academy, employees will be eligible to advance to Firefighter Step 1. Probationary employees will be eligible for advancement to Step 2 following 12 months from date of initial appointment and upon documented successful performance. Notwithstanding advancement to Step 2, the probationary period for a new Firefighter will be 18 months. 7 NBFA MOU 2015-2018 E. Overtime — Hours Worked 1. FLSA Overtime shall consist of authorized hours actually worked in excess of 91 hours in a 12 day work period as previously established by the City and as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime. Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift, and shall be paid one -and -one-half times the employee's regular rate of pay. Use of Flex Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. Leave Without Pay shall not be considered as hours worked for determining Contract Overtime eligibility. Effective January 1, 2017, Contract Overtime shall be calculated based on the employee's regular rate of pay, less 7%. Effective upon approval of this Amended Memorandum of Understanding by the City Council, the rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 2. Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. 3. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter, Fire Engineer or Paramedic. 4. Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to Department consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department. 8 NBFA MOU 2015-2018 F Required Uniform City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap. City shall not be responsible for providing employee with socks, underwear, or workout shoes, or other clothing. The City will provide each fire suppression member with a set of front-line turnout gear and an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. Reserve turnouts may be personally issued to each member at the Fire Chiefs discretion. This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. As permissible by law and subject to the provisions and limitations under the Public Employees Retirement Law, the City shall report as pensionable compensation the value of provided uniforms at $1, 519 annually in accordance with PERS requirements. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, including safety boots and turnout gear. This provision shall not apply to employees who are "new members" as defined in Government Code Section 7522.04 (f). G. Scholastic/Certificate Achievement Pay Unit members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the unit member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the unit member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. For employees hired before May 22, 2012, scholastic and/or Certificate achievement pay is contingent upon number of units and/or degrees received by the employee. Unit members hired on and after May 22, 2012 shall be ineligible for any scholastic pay based upon having obtained units only. Qualifying units and/or degrees must be awarded by accredited community 9 NBFA MOU 2015-2018 colleges, state colleges or universities. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education Training Council. Unit members shall receive scholastic and/or certificate achievement pay in accordance with the following: 1. Scholastic Pay College % of Actual Step in Semester/Unit.' Job Class Ranqe: 30 1.5%/month 60 2.5%/month 90 3.5%/month 120 4.5%/month A.A./A. S. 3.5%/month B.A./B. S. 5.5%/month 2. Certificate Pay Successful completion of coursework for Fire Officer, Company Officer, Fire Prevention Officer II, or Fire Inspector II shall entitle the member to 3%/month in Certificate Pay. H. Special Assignment Pay The following additional payments shall be made to certain Unit members based on assignment: 1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows: Maximum Compensation Assignment Number* (% of base pay) Shift Fire Investigator 6 5% Radio/MDC 1 5% SCBA 3 2% Map/Preplan 1 2% Special assignment compensation shall cease when individuals are no longer performing the assignment. *Subject to modification by the department. 10 NBFA MOU 2015-2018 2. Prior to establishing an Urban Search and Rescue Team, the City will give notice to and, upon request, meet and confer with the Association on those aspects of the program which fall within the scope of representation. 3. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee need not meet the minimum requirements for the position to which they are moved up to. Employees who do meet the minimum requirements for the position shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move -up compensation shall be computed as follows: Firefighter to Engineer Firefighter to Paramedic Firefighter to Captain Engineer to Paramedic Engineer to Captain Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.25% Regular rate +5% Regular rate +9. 75% Regular rate +5% Regular rate +5% Regular rate +9.5% All leave time shall be paid at the employee's regular rate of pay. Time accumulated working in a move up position shall -not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. A move up employee who completes the minimum requirements for the position while working in the move -up classification shall be deemed an "Acting Appointment" effective the date the minimum qualification is met. 11 NBFA MOU 2015-2018 The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignment to the move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. 2. Acting Appointments The formal and expressed assignment of an employee to perform the significant duties and responsibilities of a higher classification for more than six (6) consecutive shifts shall be deemed an acting appointment. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Acting employees shall be compensated the beginning of the pay period following the sixth consecutive shift in the salary range of his/her acting classification at a rate that is at least five (5%) percent higher than their current rate. All holiday, vacation, sick leave and paid leave shall be paid at the employee's new rate of pay. In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 180 days. 3. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. 12 NBFA MOU 2015-2018 J. Paramedic Training Following adoption of this 2015-18 MOU, the City will establish a competitive process for which up to a maximum of four (4) current Firefighters as of January 1, 2016, will be selected, based on the operational needs of the Fire Department, to attend Paramedic school during the term of the MOU. Selected employees will be compensated at their normal rate of pay while attending school and during any clinical training. Following completion of school and clinical training, during the on-the-job training period employees shall receive 5% assignment pay. Following all training, employees will return to their normal rate of pay until such time as they are selected for Paramedic assignment. This section shall terminate upon the expiration of this MOU. Assignment to Paramedic School shall not be construed as assignment to position for the purposes of probation. K. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. L. Shift Holdover Unit members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 207(k). M. Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off -duty hours for actual firefighting, or similar emergency designated by the Fire Chief, the employee shall receive a minimum of four (4) hours compensation for the first hour worked and compensation for time worked thereafter. 13 NBFA MOU 2015-2018 N. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing 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. 0. Court Standby Pay Unit members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. Unit members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. P. Longevity Pay Years of Service 16 but less than 20 20 but less than 25 25 and over SECTION 3. - LEAVES A. Flex Leave Longevity Pay 1.5% 2.5% 3.5% 1. Unit members shall accrue flex leave as follows. It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below. 14 NBFA MOU 2015-2018 Leave Accrual Years of Srvc Hrs/Pay Period Line Employees: 1 but less than 5 5 but less than 9 9 but less than 12 12 and over 9.77 10.69 11.62 12.54 Staff and Non -Safety Employees: 1 but less than 5 5 but Less than 9 9 but less than 12 12 and over 6.97 7.63 8.33 8.95 Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code §20636(c)(1) for purposes of computing retirement benefits and contributions. 2. The Flex leave program shall be administered as follows: a. Unit members shall not accrue Flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months, provided however, if a member on the Flex leave program becomes sick during the first three (3) months of employment, the City will advance up to six (6) pay periods of accrued leave time for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment, the member's final check shall be reduced by an amount equal to the number of Flex leave hours advanced multiplied by the member's hourly rate of pay. b. Members employed by the City prior to initiation of the Flex leave program have had the current accrued vacation time converted to Flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in the Employee Policy Manual. Members entitled to use sick leave pursuant to Section the Employee Policy Manual and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department 15 NBFA MOU 2015-2018 personnel that the absence should be charged to the member's flex leave account. c. Members shall be entitled to accrue Flex leave up to a maximum of fifty-two (52) times the member's bi-weekly accrual rate. Earned Flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. Effective July 1, 2012, earned leave in excess of the maximum permitted was deposited in the members "spillover bank". Effective January 1, 2016 spillover shall be eliminated and unit members shall not be permitted to accrue Flex leave in excess of the maximum permitted, unless the employee is unable to use leave benefits because of an industrial disability, hardship or extraordinary circumstances. d. All requests for scheduled Flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request Flex leave in excess of the amount accrued. e. Flex leave may be taken in four (4) hour increments. f. Members shall be paid for all accrued Flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 3(J). g. Spillover Bank/Spillover Hours Effective July 1, 2012, all hours then accrued above the new accrual cap (52x the bi-weekly accrual rate) were deposited in a newly -created Spillover Bank and became Spillover Hours. Flex leave hours that had been used by the employee between July 1, 2012 and December 31, 2012 were drawn from the Spillover Bank, to the extent the unit member had adequate Spillover Hours. Effective January 1, 2013, all remaining Spillover Hours and all hours turned in for cash conversion were deposited into the member's MERP account. From January 2, 2013 forward, hours held in the Spillover Bank were not subject to use by the employee and were converted, at the member's regular hourly rate, and deposited into the member's MERP account on an annual basis. 16 NBFA MOU 2015-2018 B. Telestaff System The City has implemented "Telestaff' which phased out the Vacation Selection System (VSS). The City commits to maintain Telestaff subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing Telestaff. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be, identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. C. Vacation/Sick Leave Due to the conversion of employees to the Flex leave program, former Vacation and Sick leave accrual provisions are hereby removed and shall be referenced exclusively in prior MOUs. D. Holiday Time 1. Line Employees The provisions of this subsection shall apply only to Unit members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. Unit members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex leave Account on a bi—weekly basis. Effective October 1, 1996, all Line employees were provided a one-time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday 17 NBFA MOU 2015-2018 time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off in lieu of cash payment. 2. Staff Employees Staff employees shall receive the following fully paid holidays: New Years' Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Year's Eve. In addition, Staff employees will be entitled to one floating holiday at the member's election. Staff employees shall have the one-time option of accruing holiday time as pay. Staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. Time will be charged against the employee's Flex leave bank. Holiday time provided as pay for employees who are not normally required to work on an approved holiday because they do not work in positions that require scheduled staffing without regard to holidays, shall not be reported as special compensation under California Code of Regulations 571(a)(5). 3. Holiday Time Election Effective following adoption of the 2015-18 MOU, or as soon thereafter is practicable, all then current unit members will be provided a one-time opportunity to change all or a portion of their future annual holiday benefits to pay or time off. The City will provide a 28-day window (2 pay periods) for employees to make the new election. Once selected, the election shall be uniform from year to year. All other elements of the election shall be as provided in D(1) and (2) above. E. Bereavement Leave Bereavement leave shall be defined as the necessary absence from duty by 18 NBFA MOU 2015-2018 an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff and non -safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave (terminal illness followed by death is considered one incident). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild and grandparents, and the employee's spouse/domestic partner's mother, father, brother, sister, child and grandparent. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. F. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program. G. Jury Duty Unit members who are assigned to line positions and are called to jury duty shall be excused for each twenty-four (24) hour shift during which the member is required to attend court and sit on a jury or await assignment. H. Flex Leave Premium Pay Account Unit members shall have the right to receive pay, at the rate of 100% of their then current base salary, for any Flex Leave banked, up to a maximum of fifty- two (52) times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 100% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. I. Worker's Compensation Leave Any Safety unit member who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of 19 NBFA MOU 2015-2018 his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. J. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or its representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. K. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. 20 NBFA MOU 2015-2018 SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. 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 Firefighter 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. The parties recognize that from January 1, 2015 through December 31, 2015, the City has contributed $1, 274 per month (plus the PERS minimum contribution) toward the Cafeteria Plan. Effective the pay issue that includes: January 1, 2016, the City's contribution towards the Cafeteria Plan will increase by $150.00 to $1,424 per month (plus the minimum CaIPERS participating employer's contribution). January 1, 2017, the City's contribution towards the Cafeteria Plan will increase by $200.00, to $1,624.00 (plus the minimum CaIPERS participating employee's contribution). 21 NBFA MOU 2015-2018 On or after July 1, 2017, at the request of either party, the parties shall meet and confer in good faith to discuss possible changes to the medical benefit program, or other elements of healthcare services as a result of the Affordable Healthcare Act (ACA) or changes in law, provided, however, that any changes to the MOU only may occur by mutual agreement of the parties. Unit 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. Current employees electing to opt -out of City provided medical coverage will be eligible to receive a maximum Cafeteria Allowance of $1,149 per month. Effective the first pay issue in January 2016, the opt -out Cafeteria Allowance will be $1, 000 per month. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Health Insurance/Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base 22 NBFA MOU 2015-2018 salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. PERS Retirement Benefit 1. Retirement Formula 23 NBFA MOU 2015-2018 The City contracts with the California Public Employees Retirement System ("Ca1PERS" or "PERS") to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier 1 ("Legacy"): For employees hired by the City on or before November 23, 2012, the retirement formula for safety members shall be 3%@50 and the retirement formula for non -safety members shall be 2.5%@ 55, calculated on the basis of the highest consecutive 12 month period selected by the employee. Tier 11 ("Classic"): For employees first hired by the City between November 24 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(f), the retirement formula for safety members shall be 2%@50 and the retirement formula for non -safety members shall be 2%@60, calculated on the basis of the highest consecutive 36 month period selected by the employee. Tier 111 ("PEPRA"): For employees first hired by the City on or after January 1, 2013, who are new members, the safety retirement formula shall be 2.7%@57 and the non -safety retirement formula shall be 2.0%@62, calculated on the basis of the highest consecutive 36 month period selected by the employee. 2. Employee Contributions Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays normally reported as pensionable compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the Internal Revenue Code. a. Safety Tiers 1 and 11: 24 NBFA MOU 2015-2018 Effective the pay period that includes July 1, 2015, Tier I and 11 members shall contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional .75% of pensionable compensation of the Employer rate for a total contribution of 9.75% of pensionable compensation. Effective the pay period that includes January 1, 2016, Tier 1 and II members will contribute the full statutory member contribution equal to 9% of pensionable compensation, plus an additional 1.5% of pensionable compensation of the Employer rate for a total contribution of 10.5% of pensionable compensation Effective the pay period that includes January 1, 2017, Tier 1 and 11 members will contribute the full statutory member contribution equal to 9% of pensionable compensation, plus an additional 2.25% of pensionable compensation of the Employer rate for a total contribution of 11.25% of pensionable compensation Effective the pay period that includes January 1, 2018, Tier I and 11 members will contribute the full statutory member contribution equal to 9% of pensionable compensation, plus an additional 3.0% of pensionable compensation of the Employer rate for a total contribution of 12.0% of pensionable compensation Tier IIi: The normal member contribution rate for Tier 1I1 members is 50% of the total normal cost and is calculated annually for possible adjustments as provided in the PERS valuations. For FY15-16 and FY16-17, the member contribution is 11.25% and 10.5% of pensionable compensation respectively. Effective the pay period that includes January 1, 2017, Tier 11i members will contribute the full statutory member contribution equal to 10.5% of pensionable compensation, plus an additional .75% of pensionable compensation of the Employer rate for a total contribution of 11.25% of pensionable compensation. Effective the pay period that includes January 1, 2018, Tier 111 unit members will contribute the full statutory member contribution, plus an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 12.0% of pensionable compensation b. Non Safety 25 NBFA MOU 2015-2018 The parties recognize that from January 1, 2015 through June 30, 2015, NBFA non -safety members have been paying, in addition to the member contribution, a portion of the Employer rate under a Government Code Section 20516(a) cost sharing agreement for employees in Tier 1, and a Government Code Section 20516(f) cost sharing agreement for employees in all Tiers. The normal member rate and the cost sharing rate vary by Tier. However, the combined contribution rate for each Tier equals 10.9% of pensionable compensation, as provided in a prior agreement. Tier I: Effective the pay period including July 1, 2015, employees shall contribute an additional .75% of pensionable compensation for a total employee contribution of 11.65% of pensionable compensation. Effective the pay period including January 1, 2016, employees shall contribute an additional . 70% of pensionable compensation, for a total employee contribution of 12.35% of pensionable compensation, broken down as follows: 8.0% of pensionable compensation of the required member contribution and 2.42 and 1.93% of pensionable compensation of cost sharing under Government Code Sections 20516(a) and 20516(f) respectively. Effective the pay period including January 1, 2017, employees shall contribute an additional .65% of pensionable compensation for a total employee contribution of 13.0% of pensionable compensation, broken down as follows: 8.0% of pensionable compensation of the required member contribution and 2.42% and 2.58% of pensionable compensation as cost sharing under Government Code Sections 20516(a) and 20516(f) respectively. Tiers 11 and 11I: Effective the pay period including July 1, 2015, employees in Tiers 11 and 111 shall contribute an additional .75% of pensionable compensation, above the 10.9% in prior agreement, for a total employee contribution of 11.65% of pensionable compensation. Effective the pay period including January 1, 2016, employees in Tiers 11 and 111 shall contribute an additional . 70% of pensionable compensation, for a total employee contribution of 12.35% of pensionable compensation. Effective the pay period including January 1, 2017, employees in Tiers 11 and Ill shall contribute an additional .65% of pensionable 26 NBFA MOU 2015-2018 compensation for a total employee contribution of 13.0% of pensionable compensation. c. The City's contract with PERS shall also provide for: • The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. • The Level 4 1959 Survivors Benefits. • The PERS pre -retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members. 4. Payment by any individual member's normal employee PERS contributions or amounts contributed pursuant to 20516 (a) or (f) shall not be reported to PERS as special compensation. E. Defined Contribution Plan In 2013 the City established a Defined Contribution Plan for safety unit members enrolled in the 2% at 50 or 2,7% @ 57 retirement formulae (Tiers II and III)., Such employees are eligible to participate in a Defined Contribution plan (Plan), administered by the City or its designee in accordance with said regulatory agency regulations and laws. The Plan shall continue to be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: 27 NBFA MOU 2015-2018 a. Category 1 - Employees newly hired after January 1, 2005. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS, formerly the Medical Expense Reimbursement Program Plan, ie: MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All 28 NBFA MOU 2015-2018 employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the RHS Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B 29 NBFA MOU 2015-2018 contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. 30 NBFA MOU 2015-2018 b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 31 NBFA MOU 2015-2018 d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not just City insurance premiums. Effective July 1, 2006, a RHS account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). G. Tuition Reimbursement and Training Maximum tuition reimbursement (for both college courses and non -college authorized courses) for unit members shall be $1,500 per fiscal year. 1. College Courses Unit members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. 32 NBFA MOU 2015-2018 College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement. Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre -authorized or prior approval is received from the Fire Chief or designee. Examples include, but are not limited to: California State Fire Marshal Courses and CICCS Courses. 2. Non -College Courses Unit members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Job -related courses, training and seminars will be considered pre - authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources. 3. Training — Worker's Comp Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. H. Fitness Program All unit members shall participate in the Department Fitness Program as outlined in Department SOP. 33 NBFA MOU 2015-2018 Physical Conditioning Equipment 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $25, 000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. Up to $10,000 may be carried over to a subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All unit members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. Layoff or Layoffs shall mean the non —disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 34 NBFA MOU 2015-2018 iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An 35 NBFA MOU 2015-2018 employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. 4. Re —Employment Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay—off, receive one -week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation. 36 NBFA MOU 2015-2018 B. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. C. Fire Suppression Equipment Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and three (3) fire suppression personnel on one truck company and four (4) fire suppression personnel on the second truck company. The Fire Chief or designee shall have the discretion to add a fourth fire suppression personnel to the truck company staffed with three fire suppression personnel on a regular or overtime i.e. "backfill" basis, based on operational needs, for a minimum 12 hour period. However, nothing contained herein shall be construed as altering the existing 24 hour shift for fire suppression employees. D. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to Toss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. E. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Employees shall have input into the agreement to be developed. Smoking an occasional celebratory cigar (birth of a child, etc.) while off -duty shall not be considered a violation of this section. 37 NBFA MOU 2015-2018 F. Life Safety Services Classifications Existing flexible staffing provisions in Life Safety Services Classifications shall remain in effect for the term of this agreement. G. Exposure Loci The City maintains an exposure log system. H. Grievance Procedure Except as described herein, unit employees are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the grievance procedure shall be presided over the Fire Chief, and Step 3 of the grievance procedure shall be the City Manager. The City Manager shall render the final and binding grievance determination. I. 48/96 Schedule The Fire Department currently operates with a 48/96 schedule. A City proposal to modify this schedule shall be subject to meet and confer. J. Consecutive Shifts Effective concurrent with this 2015-18 MOU, unit members shall be limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24 hour shift. A fifth consecutive shift may be permitted with Battalion Chief approval based upon operational needs. K. Paramedic Program Effective September 2015, the Newport Beach Fire Department, along with Huntington Beach and Fountain Valley Fire Departments, are participating in a State Community Paramedicine Pilot Study. This portion of the study utilizes specially trained community paramedics to triage and transport patients to alternate destinations. A patient of low acuity status that meets the pre- determined criteria would be transported to an alternative destination such as an urgent care clinic. The goals and objectives of this pilot study test the feasibility to relieve overcrowding of emergency departments and improving patient care and efficiency by transporting patients to appropriate destinations. At the conclusion of the study, should the results indicate a change in staffing, both parties agree to meet and confer in good faith on any changes that may 38 NBFA MOU 2015-2018 affect unit members, provided that no such changes prior to the expiration of the MOU can occur without mutual agreement. In addition, effective January 1, 2018, the parties agree to reopen the MOU to meet and confer on City proposals regarding alternative staffing models for Paramedics and related matters, provided that no such changes prior to the expiration of the MOU can occur without mutual agreement. Signatures are on the next page. 39 NBFA MOU 2015-2018 ATTEST: B 41 Executed this 11 day of felbg.uYAle,`j , 2018. Leilani Brown, City Clerk Attachment: NEWPORT BEACH FIREFIGHTERS ASSOCIATION By: ,(-�1�— Bob by Salerno, NBFA President CITY OF NEWPORT BEACH By: Duffie d; ayor Peter J. `: rown, Special Counsel EXHIBIT A - NBFA Represented Classifications and Pay Rates 40 NBFA MOU 2015-2018 Exhibit A Newport Beach Firefighter's Association Represented Classifications and Pay Rates 2015 - 2018 Effective July 1, 2015 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Effective January 1, 2016 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Hourly Pay Rate Min Max $27.48 $38.66 $41.34 $58.17 $23.41 $32.93 $27.29 $38.38 $25.50 $35.85 $35.69 $50.17 $20.83 $29.28 $29.16 $40.99 $31.22 $43.88 $34.35 $48.34 $37.77 $53.15 Hourly Pay Rate Min Max $28.24 $42.48 $24.05 $28.04 $26.20 $36.67 $21.40 $29.96 $32.08 $35.29 $38.81 41 $39.72 $59.77 $33.84 $39.44 $36.84 $51.55 $30.09 $42.12 $45.09 $49.67 $54.61 Monthly Pay Rate Min Max $6,668 $9,381 $7,166 $10,083 $5,681 $7,991 $4,730 $6,653 $6,188 $8,700 $6,186 $8,696 $5,055 $7,105 $5,054 $7,105 $5,411 $7,606 $5,954 $8,379 $6,547 $9,213 Monthly Pay Rate Min Max $6,852 $9,639 $7,363 $10,360 $5,837 $8,211 $4,860 $6,835 $6,358 $8,939 $6,356 $8,935 $5,194 $7,301 $5,193 $7,300 $5,560 $7,815 $6,118 $8,609 $6,727 $9,466 Newport Beach Firefighter's Association Represented Classifications and Pay Rates 2015 - 2018 Effective January 1, 2017 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Effective January 1, 2018 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Hourly Pay Rate Min Max $29.01 $40.82 $43.64 $61.41 $24.72 $34.77 $28.81 $40.52 $26.92 $37.85 $37.68 $52.97 $21.99 $30.91 $30.79 $43.28 $32.96 $46.33 $36.27 $51.04 $39.88 $56.11 Hourly Pay Rate Min Max $29.81 $41.94 $44.85 $63.10 $25.39 $35.72 $29.60 $41.63 $27.66 $38.89 $38.72 $54.42 $22.60 $31.76 $31.63 $44.47 $33.87 $47.60 $37.26 $52.44 $40.97 $57.66 42 Monthly Pay Rate Min Max $7,040 $9,905 $7,565 $10,645 $5,998 $8,437 $4,994 $7,023 $6,533 $9,185 $6,531 $9,181 $5,337 $7,501 $5,336 $7,501 $5,713 $8,030 $6,286 $8,846 $6,912 $9,726 Monthly Pay Rate Min Max $7,234 $10,177 $7,773 $10,938 $6,163 $8,669 $5,131 $7,217 $6,713 $9,437 $6,711 $9,433 $5,483 $7,708 $5,483 $7,707 $5,870 $8,251 $6,459 $9,089 $7,102 $9,994 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION Term: January 1, 2015 through December 31, 2018 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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 of employees in the unit of representation NBFA is recognized to represent (unit members). 2. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 2015 through December 31, 2018 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 2015-2018 MOU. 4. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001- 50, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 1 NBFA MOU 2015-2018 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 January 1, 2015. This MOU shall remain in full force and effect until December 31, 2018, 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, if NBFA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of the MOU, the parties will begin negotiations promptly, with the objective of reaching an agreement by December 31, 2018. 2. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Release Time 1. Unit members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a. Attendance at off -site meetings, conferences, seminars or workshops related to matters within the scope of representation; b. To prepare for scheduled meetings between the City and NBFA during the meet and confer process. c. i. To travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process, ii. To travel to and attend scheduled grievance and disciplinary hearings. To meet, for up to one hour, with a unit member(s) they are representing prior to a hearing described in subsection C.c.ii above. 2 NBFA MOU 2015-2018 2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a and b). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants Unit members the right to engage in the activities described in subsection 1(c ) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time, or, prior to adjusting work hours. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. a. The NBFA President shall be entitled to a maximum of 200 hours per calendar year for appropriate association related business, excluding time required for the meet and confer process. The NBFA President shall, at his/her discretion, allocate Release Time to NBFA Board members or other designates, to a maximum of 150 hours per year per individual. In the event the 200 hours for the President or 150 hours for other NBFA designates are insufficient, the President may submit a request to the Assistant City Manager or designee, with justification, that additional hours be granted. In no event shall the Association be granted more than a total of 400 hours per year for all designates. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), Unit members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, the contributed time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' shall be defined as accrued flex leave. 3 NBFA MOU 2015-2018 6. There is no entitlement to release time for any matter not set forth above. D. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001- 50. E. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. 4 NBFA MOU 2015-2018 F. Dues Check -off Unit members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. G. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate such Association dues by submitting a signed request to cancel payroll deduction to the Human Resources Director. This signed request shall be followed up with a second request at a time between 30 and 45 days of the original letter. The Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application or implementation of the provisions of this section. H. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. I. 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. J. 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 provided, however, should the provisions of 5 NBFA MOU 2015-2018 this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that Unit members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. Upon request by the Association the parties will engage in non -binding fact finding pursuant to State law. L. Definitions For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or "unit member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any unit member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any unit member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. — COMPENSATION A. Salary Adjustments — this MOU Period Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the payroll period that includes July 1, 2015, there shall be a base salary increase of 2.75% for all represented classifications. 2. Effective the payroll period that includes January 1, 2016, there shall be a base salary increase of 2.75% for all represented classifications. 3. Effective the payroll period that includes January 1, 2017, there shall be a base salary increase of 2.75% for all represented classifications. 4. Effective the payroll period that includes January 1, 2018, there shall be a base salary increase of 2.75% for all represented classifications 6 NBFA MOU 2015-2018 B. Salary Differential 1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter (benchmark classification) and the other classifications represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Percent of Firefighter Firefighter Series Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Line Captain 132.00% Staff Captains shall receive an additional 7.5% of base pay over Line Captains. 2. The Paramedic classification shall be maintained for current unit members as of January 1, 2016. The salary range for Paramedic will remain set at 22.25% above Firefighter (top step to top step). Effective upon adoption of this 2015-18 MOU, the City shall establish Paramedic Premium pay in lieu of the Paramedic classification for employees in the classification of Firefighter hired after January 1, 2016 who are serving as Paramedics. The Paramedic Premium shall be set at 17.25% above the employee's base salary as a Firefighter and will be reported to PERS as compensation earnable. C. Firefighter- Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. . D. Probationary Firefighter Training Step Effective January 1, 2016, the City shall establish an entry level Firefighter Training Step (Step "1 T') that is set 5% below current Firefighter Step 1. Probationary Firefighters will be placed at the Training Step upon initial appointment. Upon completion of the NB Fire Recruit Academy, employees 7 NBFA MOU 2015-2018 will be eligible to advance to Firefighter Step 1. Probationary employees will be eligible for advancement to Step 2 following 12 months from date of initial appointment and upon documented successful performance. Notwithstanding advancement to Step 2, the probationary period for a new Firefighter will be 18 months. E. Overtime — Hours Worked 1. FLSA Overtime shall consist of authorized hours actually worked in excess of 91 hours in a 12 day work period as previously established by the City and as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime. Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift, and shall be paid one -and -one-half times the employee's regular rate of pay. Use of Flex Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. Leave Without Pay shall not be considered as hours worked for determining Contract Overtime eligibility. Effective January 1, 2017, Contract Overtime shall be calculated based on the employee's regular rate of pay, less 7%. 2. Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. 3. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter, Fire Engineer or Paramedic. 4. Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to Department consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department. 8 NBFA MOU 2015-2018 F. Required Uniform City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap. City shall not be responsible for providing employee with socks, underwear, or workout shoes, or other clothing. The City will provide each fire suppression member with a set of front-line turnout gear and an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. Reserve turnouts may be personally issued to each member at the Fire Chiefs discretion. This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. As permissible by law and subject to the provisions and limitations under the Public Employees Retirement Law, the City shall report as pensionable compensation the value of provided uniforms at $1,519 annually in accordance with PERS requirements. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, including safety boots and turnout gear. This provision shall not apply to employees who are "new members" as defined in Government Code Section 7522.04 (f). G. Scholastic/Certificate Achievement Pay Unit members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the unit member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the unit member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. For employees hired before May 22, 2012, scholastic and/or Certificate achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Unit members hired on and after May 22, 2012 shall be ineligible for any scholastic pay based upon having obtained units only. Qualifying units and/or degrees must be awarded by 9 NBFA MOU 2015-2018 accredited community colleges, state colleges or universities. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education Training Council. Unit members shall receive scholastic and/or certificate achievement pay in accordance with the following: 1. Scholastic Pay Years of College % of Actual Step in Service: Semester/Unit: Job Class Range: 2 or more 30 1.5%/month 3 or more 60 2.5%/month 3 90 3.5%/month 4 or more 90 3.5%/month 4 120 4.5%/month 2 or more A.A./A.S. 3.5%/month 2 or more B.A./B.S. 3.5%/month 4 B.A./B.S. 5.5%/month 2. Certificate Pay Successful completion of coursework for Fire Officer, Company Officer, Fire Prevention Officer II, or Fire Inspector II shall entitle the member to 3%/month in Certificate Pay. H. Special Assignment Pay The following additional payments shall be made to certain Unit members based on assignment: 1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows: Maximum Compensation Assignment Number* (% of base pay) Shift Fire Investigator 6 5% Radio/MDC 1 5% SCBA 3 2% Map/Preplan 1 2% Special assignment compensation shall cease when individuals are no longer performing the assignment. *Subject to modification by the department. 10 NBFA MOU 2015-2018 2. Prior to establishing an Urban Search and Rescue Team, the City will give notice to and, upon request, meet and confer with the Association on those aspects of the program which fall within the scope of representation. 3. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. I. Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee need not meet the minimum requirements for the position to which they are moved up to. Employees who do meet the minimum requirements for the position shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move -up compensation shall be computed as follows: Firefighter to Engineer Firefighter to Paramedic Firefighter to Captain Engineer to Paramedic Engineer to Captain Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.25% Regular rate +5% Regular rate +9.75% Regular rate +5% Regular rate +5% Regular rate +9.5% All leave time shall be paid at the employee's regular rate of pay. Time accumulated working in a move up position shall -not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. A move up employee who completes the minimum requirements for the position while working in the move -up classification shall be 11 NBFA MOU 2015-2018 deemed an "Acting Appointment" effective the date the minimum qualification is met. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignment to the move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. 2. Acting Appointments The formal and expressed assignment of an employee to perform the significant duties and responsibilities of a higher classification for more than six (6) consecutive shifts shall be deemed an acting appointment. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Acting employees shall be compensated the beginning of the pay period following the sixth consecutive shift in the salary range of his/her acting classification at a rate that is at least five (5%) percent higher than their current rate. All holiday, vacation, sick leave and paid leave shall be paid at the employee's new rate of pay. In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 180 days. 3. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. 12 NBFA MOU 2015-2018 J. Paramedic Training Following adoption of this 2015-18 MOU, the City will establish a competitive process for which up to a maximum of four (4) current Firefighters as of January I, 2016, will be selected, based on the operational needs of the Fire Department, to attend Paramedic school during the term of the MOU. Selected employees will be compensated at their normal rate of pay while attending school and during any clinical training. Following completion of school and clinical training, during the on-the-job training period employees shall receive 5% assignment pay. Following all training, employees will return to their normal rate of pay until such time as they are selected for Paramedic assignment. This section shall terminate upon the expiration of this MOU. Assignment to Paramedic School shall not be construed as assignment to position for the purposes of probation. K. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or Tess than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. L. Shift Holdover Unit members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). M. Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off -duty hours for actual firefighting, or similar emergency designated by the Fire Chief, the employee shall receive a 13 NBFA MOU 2015-2018 minimum of four (4) hours compensation for the first hour worked and compensation for time worked thereafter. N. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing 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. O. Court Standby Pay Unit members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off — duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. Unit members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. SECTION 3. - LEAVES A. Flex Leave 1. Unit members shall accrue flex leave as follows. It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below. Leave Accrual Longevity Pay Years of Srvc Hrs/Pay Period Increase Line Employees: 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 9.77 10.69 11.62 12.54 12.54 12.54 12.54 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% 14 NBFA MOU 2015-2018 Staff and Non -Safety Employees: 1 but less than 5 6.97 5 but less than 9 9 but Tess than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 7.63 8.33 8.95 8.95 8.95 8.95 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code §20636(c)(1) for purposes of computing retirement benefits and contributions. 2. The Flex leave program shall be administered as follows: a. Unit members shall not accrue Flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months, provided however, if a member on the Flex leave program becomes sick during the first three (3) months of employment, the City will advance up to six (6) pay periods of accrued leave time for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment, the member's final check shall be reduced by an amount equal to the number of Flex leave hours advanced multiplied by the member's hourly rate of pay. b. Members employed by the City prior to initiation of the Flex leave program have had the current accrued vacation time converted to Flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in the Employee Policy Manual. Members entitled to use sick leave pursuant to Section the Employee Policy Manual and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. c. Members shall be entitled to accrue Flex leave up to a maximum of fifty-two (52) times the member's bi-weekly accrual rate. Earned Flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. 15 NBFA MOU 2015-2018 Effective July 1, 2012, earned leave in excess of the maximum permitted was deposited in the members "spillover bank". Effective January I, 2016 spillover shall be eliminated and unit members shall not be permitted to accrue Flex leave in excess of the maximum permitted, unless the employee is unable to use leave benefits because of an industrial disability, hardship or extraordinary circumstances. d. All requests for scheduled Flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request Flex leave in excess of the amount accrued. e. Flex leave may be taken in four (4) hour increments. f. Members shall be paid for all accrued Flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 3(J). g. Spillover Bank/Spillover Hours Effective July 1, 2012, all hours then accrued above the new accrual cap (52x the bi-weekly accrual rate) were deposited in a newly -created Spillover Bank and became Spillover Hours. Flex leave hours that had been used by the employee between July 1, 2012 and December 31, 2012 were drawn from the Spillover Bank, to the extent the unit member had adequate Spillover Hours. Effective January 1, 2013, all remaining Spillover Hours and all hours turned in for cash conversion were deposited into the member's MERP account. From January 2, 2013 forward, hours held in the Spillover Bank were not subject to use by the employee and were converted, at the member's regular hourly rate, and deposited into the member's MERP account on an annual basis. B. Telestaff System The City has implemented "Telestaff' which phased out the Vacation Selection System (VSS). The City commits to maintain Telestaff subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing Telestaff. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that 16 NBFA MOU 2015-2018 member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. C. Vacation/Sick Leave Due to the conversion of employees to the Flex leave program, former Vacation and Sick leave accrual provisions are hereby removed and shall be referenced exclusively in prior MOUs. D. Holiday Time 1. Line Employees The provisions of this subsection shall apply only to Unit members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. Unit members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex leave Account on a biweekly basis. Effective October 1, 1996, all Line employees were provided a one- time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. 17 NBFA MOU 2015-2018 Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off in lieu of cash payment. 2. Staff Employees Staff employees shall receive the following fully paid holidays: New Years' Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Year's Eve. In addition, Staff employees will be entitled to one floating holiday at the member's election. Staff employees shall have the one-time option of accruing holiday time as pay. Staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. Time will be charged against the employee's Flex leave bank. Holiday time provided as pay for employees who are not normally required to work on an approved holiday because they do not work in positions that require scheduled staffing without regard to holidays, shall not be reported as special compensation under California Code of Regulations 571(a)(5). 3. Holiday Time Election Effective following adoption of the 2015-18 MOU, or as soon thereafter is practicable, all then current unit members will be provided a one-time opportunity to change all or a portion of their future annual holiday benefits to pay or time off. The City will provide a 28-day window (2 pay periods) for employees to make the new election. Once selected, the election shall be uniform from year to year. All other elements of the election shall be as provided in D(1) and (2) above. E. Bereavement Leave Bereavement leave shall be defined as the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff and non -safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave (terminal illness followed by death is considered one incident). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy 18 NBFA MOU 2015-2018 Manual. For the purpose of this section immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild and grandparents, and the employee's spouse/domestic partner's mother, father, brother, sister, child and grandparent. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. F Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program. G. Jury Duty Unit members who are assigned to line positions and are called to jury duty shall be excused for each twenty-four (24) hour shift during which the member is required to attend court and sit on a jury or await assignment. H. Flex Leave Premium Pay Account Unit members shall have the right to receive pay, at the rate of 100% of their then current base salary, for any Flex Leave banked, up to a maximum of fifty-two (52) times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 100% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. I. Worker's Compensation Leave Any Safety unit member who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. 19 NBFA MOU 2015-2018 J. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or its representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. K. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data 20 NBFA MOU 2015-2018 regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. 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 Firefighter 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. The parties recognize that from January 1, 2015 through December 31, 2015, the City has contributed $1,274 per month (plus the PERS minimum contribution) toward the Cafeteria Plan. Effective the pay issue that includes: January 1, 2016, the City's contribution towards the Cafeteria Plan will increase by $150.00 to $1,424 per month (plus the minimum CaIPERS participating employer's contribution). January 1, 2017, the City's contribution towards the Cafeteria Plan will increase by $200.00, to $1,624.00 (plus the minimum CaIPERS participating employee's contribution). On or after July 1, 2017, at the request of either party, the parties shall meet and confer in good faith to discuss possible changes to the medical benefit program, or other elements of healthcare services as a result of the Affordable Healthcare Act (ACA) or changes in law, provided, however, that any changes to the MOU only may occur by mutual agreement of the parties. Unit 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 21 NBFA MOU 2015-2018 responsibility or liability to provide medical insurance coverage on an annual basis. Current employees electing to opt -out of City provided medical coverage will be eligible to receive a maximum Cafeteria Allowance of $1,149 per month. Effective the first pay issue in January 2016, the opt -out Cafeteria Allowance will be $1,000 per month. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. Additional Health Insurance/Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages 22 NBFA MOU 2015-2018 Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. PERS Retirement Benefit 1. Retirement Formula The City contracts with the California Public Employees Retirement System ("CaIPERS" or "PERS') to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier 1 ("Legacy'): For employees hired by the City on or before November 23, 2012, the retirement formula for safety members shall be 3%@50 and the retirement formula for non -safety members shall be 2.5%@ 55, calculated on the basis of the highest consecutive 12 month period selected by the employee. 23 NBFA MOU 2015-2018 Tier 11 ("Classic"): For employees first hired by the City between November 24 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(t), the retirement formula for safety members shall be 2%@50 and the retirement formula for non -safety members shall be 2%@60, calculated on the basis of the highest consecutive 36 month period selected by the employee. Tier Ill ("PEPRA"): For employees first hired by the City on or after January 1, 2013, who are new members, the safety retirement formula shall be 2.7%@57 and the non -safety retirement formula shall be 2.0%@62, calculated on the basis of the highest consecutive 36 month period selected by the employee. 2. Employee Contributions Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays normally reported as pensionable compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the Internal Revenue Code. a. Safety Tiers I and II: Effective the pay period that includes July 1, 2015, Tier I and ll members shall contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional .75% of pensionable compensation of the Employer rate for a total contribution of 9.75% of pensionable compensation. Effective the pay period that includes January 1, 2016, Tier i and ll members will contribute the full statutory member contribution equal to 9% of pensionable compensation, plus an additional 1.5% of pensionable compensation of the Employer rate for a total contribution of 10.5% of pensionable compensation Effective the pay period that includes January 1, 2017, Tier I and 11 members will contribute the full statutory member contribution 24 NBFA MOU 2015-2018 equal to 9% of pensionable compensation, plus an additional 2.25% of pensionable compensation of the Employer rate for a total contribution of 11.25% of pensionable compensation Effective the pay period that includes January 1, 2018, Tier 1 and II members will contribute the full statutory member contribution equal to 9% of pensionable compensation, plus an additional 3.0% of pensionable compensation of the Employer rate for a total contribution of 12.0% of pensionable compensation Tier 111: The normal member contribution rate for Tier Ill members is 50% of the total normal cost and is calculated annually for possible adjustments as provided in the PERS valuations. For FY15-16 and FY16-17, the member contribution is 11.25% and 10.5% of pensionable compensation respectively. Effective the pay period that includes January 1, 2017, Tier ill members will contribute the full statutory member contribution equal to 10.5% of pensionable compensation, plus an additional .75% of pensionable compensation of the Employer rate for a total contribution of 11.25% of pensionable compensation. Effective the pay period that includes January 1, 2018, Tier 111 unit members will contribute the full statutory member contribution, plus an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 12.0% of pensionable compensation b. Non Safety The parties recognize that from January 1, 2015 through June 30, 2015, NBFA non -safety members have been paying, in addition to the member contribution, a portion of the Employer rate under a Government Code Section 20516(a) cost sharing agreement for employees in Tier 1, and a Government Code Section 20516(f) cost sharing agreement for employees in all Tiers. The normal member rate and the cost sharing rate vary by Tier. However, the combined contribution rate for each Tier equals 10.9% of pensionable compensation, as provided in a prior agreement. Tier 1: Effective the pay period including July 1, 2015, employees shall contribute an additional .75% of pensionable compensation for a 25 NBFA MOU 2015-2018 total employee contribution of 11.65% of pensionable compensation. Effective the pay period including January 1, 2016, employees shall contribute an additional .70% of pensionable compensation, for a total employee contribution of 12.35% of pensionable compensation, broken down as follows: 8.0% of pensionable compensation of the required member contribution and 2.42% and 1.93% of pensionable compensation of cost sharing under Government Code Sections 20516(a) and 2O516(0 respectively. Effective the pay period including January 1, 2017, employees shall contribute an additional .65% of pensionable compensation for a total employee contribution of 13.0% of pensionable compensation, broken down as follows: 8.0% of pensionable compensation of the required member contribution and 2.42% and 2.58% of pensionable compensation as cost sharing under Government Code Sections 2O516(a) and 20516(0 respectively. Tiers 11 and 111: Effective the pay period including July 1, 2015, employees in Tiers 11 and Ill shall contribute an additional .75% of pensionable compensation, above the 10.9% in prior agreement, for a total employee contribution of 11.65% of pensionable compensation. Effective the pay period including January 1, 2016, employees in Tiers !I and 111 shall contribute an additional .70% of pensionable compensation, for a total employee contribution of 12.35% of pensionable compensation. Effective the pay period including January 1, 2017, employees in Tiers 11 and 111 shall contribute an additional .65% of pensionable compensation for a total employee contribution of 13.0% of pensionable compensation. c. The City's contract with PERS shall also provide for: • The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. • The Level 4 1959 Survivors Benefits. • The PERS pre -retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members. 26 NBFA MOU 2015-2018 4. Payment by any individual member's normal employee PERS contributions or amounts contributed pursuant to 20516 (a) or (f) shall not be reported to PERS as special compensation. E. Defined Contribution Plan In 2013 the City established a Defined Contribution Plan for safety unit members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II and III)., Such employees are eligible to participate in a Defined Contribution plan (Plan), administered by the City or its designee in accordance with said regulatory agency regulations and laws. The Plan shall continue to be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2005. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was Tess than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. 27 NBFA MOU 2015-2018 d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS, formerly the Medical Expense Reimbursement Program Plan, ie: MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- 28 NBFA MOU 2015-2018 tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the RHS Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS 29 NBFA MOU 2015-2018 Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. 30 NBFA MOU 2015-2018 Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not just City insurance premiums. Effective July 1, 2006, a RHS account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. 31 NBFA MOU 2015-2018 The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1 % of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). G. Tuition Reimbursement and Training Maximum tuition reimbursement (for both college courses and non -college authorized courses) for unit members shall be $1,500 per fiscal year. 1. College Courses Unit members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement. Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre -authorized or prior approval is received from the Fire Chief or designee. Examples include, but are not limited to: California State Fire Marshal Courses and CICCS Courses. 2. Non -College Courses Unit members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. 32 NBFA MOU 2015-2018 Job -related courses, training and seminars will be considered pre - authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources. 3. Training — Worker's Comp Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. H. Fitness Program All unit members shall participate in the Department Fitness Program as outlined in Department SOP. I. Physical Conditioning Equipment 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $25,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. Up to $10,000 may be carried over to a subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All unit members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. 33 NBFA MOU 2015-2018 SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. Layoff or Layoffs shall mean the non —disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more 34 NBFA MOU 2015-2018 supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 35 NBFA MOU 2015-2018 3. Notice Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. 4. Re —Employment Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re—employment list or the right to remove his or her name from the re—employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay—off, receive one -week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation. B. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. C. Fire Suppression Equipment Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and three (3) fire suppression personnel on one truck company and four (4) fire suppression personnel on the second truck company. The Fire Chief or designee shall have the discretion to add a fourth fire suppression 36 NBFA MOU 2015-2018 personnel to the truck company staffed with three fire suppression personnel on a regular or overtime i.e. "backfill" basis, based on operational needs, for a minimum 12 hour period. However, nothing contained herein shall be construed as altering the existing 24 hour shift for fire suppression employees. D. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. E. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Employees shall have input into the agreement to be developed. Smoking an occasional celebratory cigar (birth of a child, etc.) while off -duty shall not be considered a violation of this section. F. Life Safety Services Classifications Existing flexible staffing provisions in Life Safety Services Classifications shall remain in effect for the term of this agreement. G. Exposure Loq The City maintains an exposure log system. H. Grievance Procedure Except as described herein, unit employees are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the grievance procedure shall be presided over the Fire Chief, and Step 3 of the grievance 37 NBFA MOU 2015-2018 procedure shall be the City Manager. The City Manager shall render the final and binding grievance determination. I. 48/96 Schedule The Fire Department currently operates with a 48/96 schedule. A City proposal to modify this schedule shall be subject to meet and confer. J. Consecutive Shifts Effective concurrent with this 2015-18 MOU, unit members shall be limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24 hour shift. A fifth consecutive shift may be permitted with Battalion Chief approval based upon operational needs. K. Paramedic Program Effective September 2015, the Newport Beach Fire Department, along with Huntington Beach and Fountain Valley Fire Departments, are participating in a State Community Paramedicine Pilot Study. This portion of the study utilizes specially trained community paramedics to triage and transport patients to alternate destinations. A patient of low acuity status that meets the pre -determined criteria would be transported to an alternative destination such as an urgent care clinic. The goals and objectives of this pilot study test the feasibility to relieve overcrowding of emergency departments and improving patient care and efficiency by transporting patients to appropriate destinations. At the conclusion of the study, should the results indicate a change in staffing, both parties agree to meet and confer in good faith on any changes that may affect unit members, provided that no such changes prior to the expiration of the MOU can occur without mutual agreement. In addition, effective January 1, 2018, the parties agree to reopen the MOU to meet and confer on City proposals regarding alternative staffing models for Paramedics and related matters, provided that no such changes prior to the expiration of the MOU can occur without mutual agreement. Signatures are on the next page. 38 NBFA MOU 2015-2018 174 Executed this day of January, 2016. ATTEST: CC By: OA NEWPORT BEACH FIREFIGHTERS ASSOCIATION By: /6 Bobby Salerno, NBFA President CITY OF NEWPORT BEACH By: Leilani Brown, City Clerk APPROVED AS TO FORM: VU Diane B. Dixon, Mayor Aaron Harp, City Attorney t (i ct(Iv Attachment: Exhibit "A" NBFA Represented Classifications and Pay Rates 39 NBFA MOU 2015-2018 Exhibit A Newport Beach Firefighter's Association Represented Classifications and Pay Rates 2015 - 2018 Effective July 1, 2015 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Effective January 1, 2016 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist Life Safety Specialist II Life Safety Specialist III Hourly Pay Rate Min Max $27.48 $38.66 $41.34 $58.17 $23.41 $32.93 $27.29 $38.38 $25.50 $35.85 $35.69 $50.17 $20.83 $29.28 $29.16 $40.99 $31.22 $43.88 $34.35 $48.34 $37.77 $53.15 Hourly Pay Rate Min Max $28.24 $39.72 $42.48 $59.77 $24.05 $33.84 $28.04 $39.44 $26.20 $36.84 $36.67 $51.55 $21.40 $30.09 $29.96 $42.12 $32.08 $45.09 $35.29 $49.67 $38.81 $54.61 40 Monthly Pay Rate Min Max $6,668 $7,166 $5,681 $4,730 $6,188 $6,186 $5,055 $5,054 $5,411 $5,954 $6,547 $9,381 $10,083 $7,991 $6,653 $8,700 $8,696 $7,105 $7,105 $7,606 $8,379 $9,213 Monthly Pay Rate Min Max $6,852 $9,639 $7,363 $10,360 $5,837 $8,211 $4,860 $6,835 $6,358 $8,939 $6,356 $8,935 $5,194 $7,301 $5,193 $7,300 $5,560 $7,815 $6,118 $8,609 $6,727 $9,466 Newport Beach Firefighter's Association Represented Classifications and Pay Rates 2015 - 2018 Effective January 1, 2017 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Effective January 1, 2018 (2.75% adjustment) Fire Captain 112 Hrs Fire Captain + 7.5% (80 hrs) Fire Engineer 112 Hrs Fire Facilities Coordinator Fire Paramedic 112 Hrs Fire Paramedic 80 Hrs Firefighter 112 Hrs Firefighter 80 Hrs Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Hourly Pay Rate Min Max $29.01 $40.82 $43.64 $61.41 $24.72 $34.77 $28.81 $40.52 $26.92 $37.85 $37.68 $52.97 $21.99 $30.91 $30.79 $43.28 $32.96 $46.33 $36.27 $51.04 $39.88 $56.11 Hourly Pay Rate Min Max $29.81 $44.85 $25.39 $29.60 $27.66 $38.72 $22.60 $31.63 $33.87 $37.26 $40.97 $41.94 $63.10 $35.72 $41.63 $38.89 $54.42 $31.76 $44.47 $47.60 $52.44 $57.66 Monthly Pay Rate Min $7,040 $7,565 $5,998 $4,994 $6,533 $6,531 $5,337 $5,336 $5,713 $6,286 $6,912 Max $9,905 $10,645 $8,437 $7,023 $9,185 $9,181 $7,501 $7,501 $8,030 $8,846 $9,726 Monthly Pay Rate Min $7,234 $7,773 $6,163 $5,131 $6,713 $6,711 $5,483 $5,483 $5,870 $6,459 $7,102 Max $10,177 $10,938 $8,669 $7,217 $9,437 $9,433 $7,708 $7,707 $8,251 $9,089 $9,994 41 Side Letter Agreement to the Memoranda of Understanding between the City of Newport Beach and the Newport Beach City Employees Association, Newport Beach Firefighters Association (for non -safety employees), Newport Beach Professional and Technical Employees Association and the Part -Time Employees Association of Newport Beach, as well as Unrepresented Employees The undersigned Associations and City have jointly agreed to modify the Hours of Operation for City Facilities from Wednesday, December 24, 2014, through Thursday, January 1, 2015. The proposed days/hours of operation for each department are included on Attachment B. The City Manager shall determine the manner in which the City Hall campus and other facilities shall remain open on December 24 and 31, 2014 (partial or full day closure). Any employee, full-time or part-time, seeking to work outside of the schedule must first receive approval from the Department Director, in order to plan for access to the building. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following payroll/timecard guidelines pertain to regular, full-time employees only and will not address every individual's circumstance, which should be discussed with the employee's Department Director. 1. Employees with leave time available shall first be required to use FlexNacation Leave, Administrative Leave or Compensatory Time for days/hours not covered by Holiday Pay. 2. If an employee has insufficient leave time available, Leave Without Pay will be used for any time off not covered by the employee. 3. In order to be eligible for the holiday pay benefit, an employee must be in paid status prior to and immediately following each holiday. 4. All other provisions of the Employee Policy Manual or applicable Memoranda of Understanding will remain in full force and effect. This agreement will assist in lowering the City's paid leave liability and provide savings in utilities/other maintenance costs. This agreement shall not apply to public safety or to essential functions that operate on a "24/7" basis, regardless of scheduled holidays designated by existing MOUs and authorized for unrepresented employee groups. With the adoption of this Side Letter, well in advance of the holiday, employees should have adequate time to make arrangements for scheduling, coverage, and public notification. Page 1 of 2 Hours of Operation for City Facilities December 24, 2014, through January 1, 2015 July 22, 2014 i-L' Executed this 26tday of 11//'(' ,2014. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: Newport Beach City Employees Association Teri Craig, President Newport Beach Firefighters Association (N-S) Bobby Salerno, President Key & Management Group (Unrepresented) Newport Beach Employees League \ � 1 CR Chris Auger, President, Part -Time Employees Association of NB 1;7112cn . Amy M'yfiard, Picdsident Professional/Technical Employees Association Fern` N°ueno, President FOR THE CITY OF NEWPORT BEACH: Newport Beach City Employees Association ^ ush N. Hill, II, Mayor Approved as to Form: tyi Harp, City Attorney Attest: Leilani Brown, City Clerk Page 2 of 2 Hours of Operation for City Facilities December 24, 2014, through January 1, 2015 July 22, 2014 Side Letter Agreement to the Memoranda of Understanding between the City of 3 Newport Beach and the Newport Beach City Employees Association, the Newport Beach Employees League, the Newport Beach Firefighters Association (far non -safety employees), the Newport Beach Professional and Technical Employees Association, the Part Time Employees Association of Newport Beach, the Newport Beach Fire Management Association (for Administrative staff) as well as Unrepresented Employees In past years, the City and its employee associations have agreed to close City Hall during the winter holidays, between Christmas Eve and New Year's Day. The undersigned Associations and City have jointly agreed to close City Hall and other non -essential facilities and functions for Fiscal Year 2013/14. Beginning at noon on December 24, 2013 through January 1, 2014, City Hall and other off -site facilities will be closed to the public. City Hall and other off -site facilities will reopen on January 2, 2014. Facility closures shall be cost neutral to the City and will not result in additional paid days/hours off for employees. The City and the undersigned also agree that staff located at City Hall and other nonessential employees will only have the option to work during this period if specifically authorized or required to do so by the Department Director, Emergency Conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. For Regular full-time employees, the City Hall closure will result in a maximum of 31/2 days that are required for employees to use flexible leave, vacation leave, administrative leave or compensatory time during the holiday closure (Thursday 12/26, Friday 12/27, Monday 12/30 and half day Tuesday 12/31). Employees on a 9/80 work schedule whose regular day off occurs during the closure will be required to use 2'/2 days of flexible leave, vacation leave, administrative leave or compensatory time. 2. According to the City's Employee Policy Manual, an employee must be in paid status to receive holiday pay. Therefore, employees must either work or use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday to meet this requirement. 3_ Employees who have completed their initial probationary period but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 4, AN other provisions of the Employee Policy Manual or applicable Memoranda of Understanding will remain In full force and effect, This agreement will assist in lowering the City's paid leave liability and provide savings of utilities and other maintenance costs. This agreement shall not apply to public safety or essential functions that operate on a 24/7 basis regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Associations unaffected by the closure are not required to sign the agreement. Executed this 3Lday of O1) : 2013. Side Letter Agreement — Holiday Closure FY2013-14 Page 2 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: Newport each City Employees Association Newpo = = ac jEmployees League �, By: By: - - � r7S\ Chris Auger, Presider.. Teresa Craig, Presi nt Newport Beach Firefighter's Association (for Non -safety employees) By: 73 221/0n)c5,f�; , Brian M onougl , resident Key & Management Group (Unrepresented) v n evin The Newport Beach Professional & Technical Employees Association By: 4 President Part Time Employees Association of Newport Beach By: v� Amy ield, President New z • rt Beach Fire Management Association (for Administrative staff) By: Todd Knipp, President FOR THE CITY OF NEWPORT BEACH: By: Keith Curry, Mayor itApp ed as to Fo A on Harp, City Atto Attest: Leilani Brown, City Clerk SIDE LETTER TO EXTEND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION TO DECEMBER 31, 2014 WHEREAS, on May 22, 2012, the City of Newport Beach (the "City") and the Newport Beach Firefighters Association (the "Association" and together with the City, the "Parties") executed a memorandum of understanding (the "MOU") for the period of January 1, 2012 through June 30, 2014; and WHEREAS, during the term of this agreement, the Association asserted that the City's overtime compensation did not satisfy the requirements of the Fair Labor Standards Act ("FLSA"); and WHEREAS, in resolution of this administrative issue, the City and the Association have entered into a settlement agreement (the "Settlement Agreement")' whereby the City has agreed to make payments to certain current and former members of the Association in exchange for a waiver and release of any FLSA claims held by such members that arose during the period covered by the settlement agreement; and WHEREAS, as a condition precedent to the City's payment under the Settlement Agreement, the Parties agreed that the Association would be responsible for collecting executed waivers (the "Individual Waivers") from at least ninety percent (90%) in number of the employees listed on Exhibit 1 thereto; and WHEREAS, the City has agreed that, upon receipt of executed Individual Waivers from at least ninety percent (90%) in number of the employees listed on Exhibit 1 to the Settlement Agreement, the City would agree to extend the term of the MOU by six months to December 31, 2014; and WHEREAS, as part of this extension, the Parties have agreed that the remaining terms of the MOU shall remain in full force and effect except as set forth in this Side Letter. NOW, THEREFORE, the City and the Association agree as follows: Section 1: Subject to the collection of executed Individual Waivers from at least ninety percent (90%) in number of the Association members listed on Exhibit 1 to the Settlement Agreement, the term of the existing MOU between the City and the Association shall be extended for a period of six months and Section 1(B)(1) of the existing MOU is hereby modified to read as follows: 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 January 1, 2012. This MOU remains in full force and effect until December 31, 2014 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 if NBFA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to ' The Settlement Agreement is attached as Exhibit A hereto. expiration of the MOU, the parties will begin negotiations promptly, with the objective of reaching an agreement by December 31, 2014. Section 2: Section 4.D of the MOU shall be restated in its entirety as follows: D. The Retirement Benefit 1. Tier 1 A. Non -Sworn Members (Miscellaneous) i. Non-swom members hired prior to November 25, 2012, are subject to the Public Employees' Retirement System retirement formula of 2.5% at 55. Pursuant to a separate agreement, miscellaneous (nonsafety) unit members have agreed to have 2.42% of the employer retirement cost added to the employee's rate pursuant to California Government Code Section 20516. Non -safety employees now pay 3,42% of retirement costs (2.42% employer cost sharing [ER side] and 1% employee normal member contribution ["EE side"]) on a pre-tax basis pursuant to IRS Code Section 414(h)(2). Effective the first payroll period commencing on and after City Council adoption of this 2012-2014 MOU, non -safety member employees shall in addition to the cost sharing provision described above, pay an additional. 3.08% of compensation as and for the individual members normal employee PERS contributions required to be paid by PERS. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2) and pursuant to Government Code §20516 and §20691. At this point, non -safety members will be contributing 4.08% (EE) and 2.42% (ER) for a total of 6.5%. iv. Effective the first payroll period on or after January 1, 2013, non -safety employees, shall in addition to the cost sharing provision described above, pay an additional 1.5% of compensation as and for the individual member's normal employee PERS contributions required to be paid by PERS. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2) and pursuant to Government Code §20516 and §20691. Further, the City will eliminate reporting the value of the 1.42% Employer Paid Member Contribution (EPMC) as special compensation. At this point, non -safety member will be contributing 5.58% (EE) and 1.42% (ER) for a total of 8% with no EPMC. v. Effective the first payroll period on or after June 30, 2013, in addition to the contribution listed above, Tier 1 employees shall contribute 1.45% of pensionable pay toward retirement costs pursuant to Government Code 2 §205160), for a total contribution of 9.45%. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2). vi. Effective the first payroll period on or after June 30, 2014, non -sworn members receiving a Tier 1 benefit shall, in addition to the 8% contribution listed above, contribute 2.9% of pensionable pay toward retirement costs pursuant to Government Code §2051609, for a total contribution of 10.9%. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2). B. Sworn Members (Safety) Sworn members hired prior to November 25, 2012, are subject to the Public Employees' Retirement System retirement formula of 3% at 50. ii. Effective the first payroll period commencing on and after the adoption of this MOU and in accordance with PERS Regulations, sworn unit members have agreed to a total PERS employee contribution of 3.5% pursuant to Califomia Government Code §20516 and §20691 on a pre- tax basis pursuant to IRS Code §414(h)(2). City shall contribute 5.5% of the employee contribution pursuant to Government Code §20691 and shall report the value of the 5.5% as EPMC under Goverrunent Code §20636(c)(4). iii. Effective the first payroll period commencing on and after January 1, 2013, sworn unit members agreed to a total PERS employee contribution of 7.0% pursuant to Califomia Retirement Code §20516 and §20691 on a pre-tax basis pursuant to IRS Code §414(h)(2). iv. Effective the first payroll period commencing on and after January 1, 2014, swom unit members agreed to a total PERS employee contribution of 9% pursuant to California Government Code §20691 on a pre-tax basis pursuant to IRS Code §414(h)(2). C. The City's contract with PERS for Tier 1 members shall also provide for: A 3%@ 50 retirement formula and the highest year benefit pursuant to the provisions of §21252.01 and §20042 of the California Government Code for safety employees hired before November 25, 2012. The military buy-back provisions pursuant to §20996 of the California Government Code. iii, The Level 4 1959 Survivors Benefits pursuant to §21574 of the Califomia Government Code. 11. Tier 2 A. Non -Sworn Members (Miscellaneous) Non -sworn members hired on or after November 25, 2012 and on or before December 31, 2012 who do not qualify as "new members" pursuant to Government Code § 7522.04, are subject to the Public Employees' Retirement System retirement formula of 2.0% at 60 and shall pay the statutory 7% member contribution. Effective the first pay period commencing on or after June 30, 2013, non - sworn members receiving a Tier 2 benefit shall contribute a total of 9.45% compensation toward PERS costs, comprised of 7.0% as and for the individual member's normal employee PERS contributions and 2.45% toward employer costs, which shall be paid pursuant to Government Code §20516(0. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(1:)(2). Effective the first pay period commencing on or after January 1, 2014, non -sworn members receiving a Tier 2 benefit shall contribute a total of 10.90% compensation toward PERS costs, comprised of 7.0% as and for the individual member's normal employee PERS contributions and 3.90% toward employer costs, which shall be paid pursuant to Government Code §2051602. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2). Sworn Members (Safety) Sworn members hired on or after November 25, 2012 and on or before December 31, 2012 or who do not qualify as "new members" pursuant to Government Code §7522.04, are subject to the Public Employees' Retirement System retirement formula of 2% at 50. ii. Effective upon appointment, sworn unit members receiving a Tier 2 benefit shall contribute 9% of compensation towards PERS costs on a pre-tax basis pursuant to IRS Code §414(h)(2). To the extent allowed by PERS, the IRS and other applicable regulatory agencies and law, safety unit members who shall be enrolled in Tier 2 shall be eligible to participate in a Defined Contribution plan (Plan) to be administered by the City of its designee in accordance with said regulatory agency regulations and laws. The Plan shall be funded by allowing each affected employee to contribution any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only 4 matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53; 40% - age 52; 20% - age 51. ("Age" at time of retirement being effective.) in the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. C. The City's contract with PERS for Tier 2 members shall also provide for: IIL Tier 3 The military buy-back provisions pursuant to §20996 of the California Government Code. ii. The Level 4 1959 Survivors Benefits pursuant to §21574 of the California Government Code. Non -Sworn Members (Miscellaneous) i. Non -sworn members hired on or after January 1, 2013 and who qualify as "new members" pursuant to Government Code §7522.04 are subject to the Public Employees' Retirement System retirement formula of 2.0% at 62 in accordance with Government Code §7522.20(a) and shall pay the 6.25% statutory member contribution. Effective the first pay period commencing on or after June 30, 2013, non - sworn members receiving a Tier 3 benefit shall contnbute a total of 9.45% compensation toward PERS costs, comprised of 6.25% as and for the individual member's normal employee PERS contributions and 3.20% toward employer costs, which is to be paid pursuant to Government Code §20516(/). Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2). Effective the first pay period commencing on or after June 30, 2014, non - sworn members receiving a Tier 3 benefit shall contribute a total of 10.90% of compensation towards PERS costs, comprised of 6.25% as and for the individual member's normal employee PERS contributions and 4.65% toward employer costs, which is to be paid pursuant to Government Code §20516(1). Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2). B. Sworn Members (Safety) Sworn members hired on or after January 1, 2013 and who qualify as "new members" pursuant to Government Code §7522.04, are subject to the Public Employees' Retirement System retirement formula of 2.7% at 57 in accordance with Government Code §7522.25(d). 5 Effective the first pay period commencing on or after January 1, 2013, sworn unit members receiving a Tier 3 benefit shall pay the PERS statutory 11.25% member contribution on a pre-tax basis pursuant to IRS Code §414(h)(2). To the extent allowed by PERS, the IRS and other applicable regulatory agencies and law, safety unit members who shall be enrolled in Tier 3 shall be eligible to participate in a Defined Contribution plan (Plan) to be administered by the City of its designee in accordance with said regulatory agency regulations and laws. The Plan shall be forded by allowing each affected employee to contribution any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall he deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 57+; 80% - age 56; 60% - age 55,- 40% - age 53; 20% - age 52 . (`Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. The City's contract with PERS for Tier 3 members shall also provide for.: The military buy-back provisions pursuant to §20996 of the California Government Code. The Level 4 1959 Survivors Benefits pursuant to §21574 of the California Government Code. IV. For non -safety employees, effective the pay period that includes January 1, 2014 salaries will be increased by an amount equal to the increase in the Consumer Price Index (CPI) Los Angeles/Orange County Urban Wage Earners Index for the 12 month period ending on October 31, 2013 with a minimum 1.5% increase and a maximum 2.25% increase. The terms of the January 1, 2014 cost -of -living adjustment for safety members, under Section2, A.2, remain unchanged. V. Unless specifically modified herein, newly hired employees shall be subject to other existing City-PERS contract provisions and applicable PERS regulations. VI. To the extent during the term of this Memorandum of Understanding, that the City pays a portion of the normal PERS contributions of members (sworn and non -sworn), said payments shall he reported to PERS as special compensation as is authorized by Government Code §20636(c)(4). 6 VII. Payment by any unit member of the individual member's normal employee PERS contributions required to be paid by PERS shall not be reported to PERS as special compensation as was authorized by Government Code §20636(c)(4) or by any other authority. Signatures on the following page. 7 APPROVED AS TO FORM: CITY A'I' Oi2NE 'S OFFICE Date: ti j 1 Aaron C. Harp City Attorney ATTEST: Date: /0( • RO By: Leilani I. Brown City Clerk �I NEWPORT BEACH FIREFIGHTERS ASSOCIATION Date: /2- 6- CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor Page 7 of 7 SETTLEMENT AGREEMENT REGARDING PAYMENT OF WAGES AND GENERAL RELEASE OF CLAIMS This Settlement Agreement and General Release (the "Agreement") is made and entered into by the City of Newport Beach (the "City"), certain former and current employees of the Newport Beach Fire Department identified on Exhibit 1 hereof (collectively, the "Employees") and the Newport Beach Firefighters Association (the "Association") with reference to the following facts (the City and the Association are collectively referred to herein as the "Parties"): RECITALS A. Whereas, the Employees are or were employed by the Newport Beach Fire Department (the "NBFD") and are or were in a bargaining unit whose exclusive representative was the Association; B. Whereas the City and the Association are currently party to an memorandum of understanding, effective until June 30, 2014 (the "2012-14 MOU"), which succeeded the prior memorandum of understanding between the City and the Association, which expired on December 31, 2011 (the "2008-11 MOU" and together with the 2012-14 MOU, the "MOUs"); C. Whereas, the Association alleges that during the time period of January 1, 2010 through December 31, 2011, the City's overtime compensation did not satisfy the requirements of the Fair Labor Standards Act ("FLSA"); D. Whereas, notwithstanding the Association's allegations, at all relevant times, the City has compensated its employees pursuant to the terms set forth in the then -applicable MOU between the City and the Association, which, in most cases, provided for higher overtime payments than required under the FLSA; E. Whereas, the parties have engaged in extensive negotiations in an attempt to resolve their dispute; F. Whereas, the Parties wish to avoid the potential uncertainty, expense and delay of litigation and have therefore, based upon their extensive negotiations, agreed to a settlement of their dispute, resolving and releasing all disputes and claims related to payment of FLSA overtime during the periods covered by the MOUs; G. Whereas, the Parties want to enter into this Agreement as hereinafter set forth: NOW, THEREFORE, in consideration for the mutual promises and undertakings of the Parties as set forth below, the City and the Association hereby agree as follows: 1. No Admission. The recitals set forth in this Agreement are true and correct and are hereby fully incorporated by reference into this Agreement. This Agreement affects claims and demands which are disputed, and by executing this Agreement, no Party admits or concedes any part of the claims, defenses, or allegations which were raised or could be raised by any other party or any third party. Each Party expressly denies liability for any and all claims or demands. The Parties acknowledge that this is a compromise settlement of a disputed claim or claims. Moreover, neither this agreement nor any part of this Agreement, shall be construed to be nor shall be admissible in any proceeding as evidence of or any admission by any Party of any violation of law or any wrongdoing whatsoever. This document may be introduced in a proceeding to enforce the terms of the Agreement. 2. Settlement Terms. a. Settlement Amount, The City shall pay a total of S200,303.00, allocated as set forth in Exhibit "1", which shall include all of the Employees' recovery. The Settlement Amount was calculated pursuant to the tenns of the 2012-14 MOU, which provides that: FLSA Overtime shall consist of authorized work hours worked in excess of the maximum number of hours permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption for a work period to be determined by the City. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall not he considered as hours worked for the purposes of determining eligibility for FLSA Overtime. The Parties have agreed that the "work period" referred to in the foregoing shall be twenty-four (24) days for the period covered by this Agreement. Because the payments set forth on Exhibit "1" are based on hours worked and are paid as earnings, such payments will be subject to withholding taxes. Although the Parties do not agree that there is liability regarding the Employees' claims, for purposes of this Agreement, the settlement amount represents the agreed upon amount for all overtime compensation allegedly owed to the Employees and all amounts allegedly owed for liquidated damages, and any and all other damages and/or relief recoverable by the Employees for the period covered by the MOUs related to payment of FLSA overtime. Page 2 of 7 b. Individual Waivers. Each of the Employees, as a condition of receiving the settlement amount, shall execute, and the Association shall coordinate execution and collection of individual waivers of claims against the City that are being settled pursuant to this Agreement (each an "Individual Waiver" and collectively, the "Individual Waivers"). The Association is responsible for transmitting Individual Waivers to the Employees, collecting executed Individual Waivers, and providing the executed Individual Waivers to the City. A form of Individual Waiver is attached hereto as Exhibit "2". Any Employee or former Employee who fails or refuses to execute an individual release shall not be entitled to receipt of any payment under this agreement. c. Fair Allocation. The Association expressly agrees that the allocation of the Settlement Amount as provided herein is fair, just and reasonable and acceptable to them. d. Resolution of Claims to Association Satisfaction. The Association expressly agrees that this Agreement fully and completely resolves all concerns held by the Association with respect to payment of overtime compensation from January 1, 2010 through December 31, 2011. The Association further acknowledges that, to the best of its knowledge, the City is now in full compliance with the overtime payment requirements of both the MOU and the FLSA and is not currently engaged in any practices that would violate the FLSA with respect to overtime compensation. e. Payment of Settlement Amount. Payment of the Settlement Amount set forth above and on Exhibit "1" shall not occur unless and until the Association collects executed Individual Waivers from at least ninety percent (90%) in number of the Employees listed on Exhibit "1". Upon collection of these executed Individual Waivers, and delivery of these executed Individual Waivers to the City, the City shall make the payments contemplated under this Settlement Agreement within fifteen (15) business days following receipt. f. Release of Claims, In consideration for payment of the Settlement Amount, the Association and Employees, their spouses, domestic partners, children, heirs, estates, administrators, representatives, executors, attorneys, successors and assigns hereby irrevocably and unconditionally release and discharge the City, including its officers, employees, agents and attorneys, from any and all lawsuits, claims, actions, demands, or other legal responsibilities, including any grievances pursuant to the MOUs, of any kind that the Association or Employees have, or may have, against the City relating to the facts upon which this Agreement is based, including, but not limited to, any and all claims for failure to pay overtime Page 3 of 7 g‘ required under state or federal law existing prior to the execution of this release. The Association expressly acknowledges and agrees that this release is an essential and material term of this Agreement and, without such release, no settlement would have been reached by the Parties. Waiver of Unknown Claims. The Association acknowledges that there is a possibility that subsequent to the execution of this Agreement, they may discover facts that were unknown or unsuspected at the time this Agreement was executed, and that if known by the Association at that time may have materially affected their decision to execute this Agreement. Further, the Association has been advised of the existence of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR Notwithstanding this provision, the releases set forthin this Agreement shall constitute full releases in accordance with the terms. The Association knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule of similar effect. The Association understands and acknowledges the significance and consequences of this release and this specific waiver of Section 1542. h. Unanticipated consequences. The parties recognize and acknowledge that factors, which have induced them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, and the parties hereby expressly assume any and all of the risks thereof and further expressly assume the risks of waiving the rights provided by California Civil Code Section 1542. 3. Knowledge of the Parties. The Parties understand and agree to the settlement, this Agreement and the terms and conditions contained herein, and enter into this Agreement knowingly and voluntarily. The Parties have been advised that they have the right to seek legal advice with respect to this Agreement, including the releases contained herein, have had the opportunity to consult with counsel, and have in fact consulted with counsel of their choice. The Parties have investigated the facts pertaining to the settlement and this Agreement and all matters pertaining thereto as deemed necessary. The Parties have relied upon their judgment, belief, knowledge, understanding and expertise after Page 4 of 7 consultation with their counsel concerning the legal effect of the settlement and its terms. By signing this document and the documents referred to herein, the Parties signify their full understanding, agreement, and acceptance of this Agreement. 4. Entire Agreement. This Agreement, including its exhibits, contains the entire agreement of the Parties regarding the subject matter of the Agreement and shall constitute the final understanding between the Parties hereto. All prior negotiations made or which have occurred prior to the date of this Agreement are merged into this Agreement. 5. No unwritten representations. Each of the Parties represents that in executing this Agreement, the Parties do not rely upon and have not relied upon any representation, promise, or statement not expressly contained herein. 6. No Additional Representations. Except of the terms of this Agreement, including its exhibits, the Parties have not relied upon any statement or representation, written or oral, made by any Party, or any of their respective agents, attorneys or any other person, regarding any matter including, but not limited to, the federal or state income tax consequences of the Agreement to any Party. The Parties expressly acknowledge and agree that they have relied solely upon the advice of their own attorneys and/or accountants as to the tax and benefit consequences of this Agreement. 7. Binding Agreement. This Agreement and all documents referred to herein shall bind and inure to the benefit of each of the Parties hereto and their spouses, domestic partners, children, heirs, estates, administrators, representatives, executors, attorneys, successors and assigns. Except as expressly provided herein, this Agreement is not for the benefit of any person not a Party hereto or any person or entity not specifically identified as a beneficiary herein or specifically identified herein as a person or entity released hereby. The Agreement is not intended to constitute a third party beneficiary contract. 8. Authority to Execute. Each Party hereto warrants to the other Party or Parties that he, she or it has the full power and authority to execute, deliver and perform under this Agreement and all documents referred to herein. 9. Interpretation and Construction. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this document or the documents referred to herein, on the understanding that the Parties participated equally in the negotiation and preparation of this Agreement and the documents referred to herein, or have had equal opportunity to do so. The headings used herein are for reference only and shall not affect the construction of this Agreement. Page 5 of 7 10. Goveming Law and Venue. The settlement, this Agreement and the documents referred to herein, shall be interpreted in accordance with the laws of the State of Califomia and, if necessary, Federal Law. To the extent that any Party brings an action to enforce the terms of this Agreement, such action shall be filed and prosecuted in the Superior Court for the County of Orange and/or the United States District Court for the Central District of California, Southern Division, to the extent of that court's jurisdiction. 11. Agreement Does Not Establish Precedent. The Parties agree that the terms of this Agreement are binding and will not establish any precedent, nor will this Agreement be used as a basis by the Parties or anyone else to seek to justify similar tens in any subsequent case. 12. Savings Clause. If any term, condition, provision or part of this Agreement is determined to be invalid, void or unenforceable for any reason, the remainder of this Agreement will continue in full force and effect. 13. Exhibits. All exhibits attached to this Agreement are hereby incorporated into this Agreement as though fully set forth herein. 14. Execution. This Agreement, and any document referred to herein, may be executed in any number of counterparts, each of which may he deemed an original and all of which together shall constitute a single instrument. 15. Effective Date. This Agreement shall become effective immediately following execution by all of the Parties on the latest date appearing below. PLEASE READ CAREFULLY: THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS INCLUDES A RELEASE OF KNOWN AND UNKNOWN CLAIMS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT. Signatures on the following page. Page 6 of 7 g‘ required under state or federal law existing prior to the execution of this release. The Association expressly acknowledges and agrees that this release is an essential and material term of this Agreement and, without such release, no settlement would have been reached by the Parties. Waiver of Unknown Claims. The Association acknowledges that there is a possibility that subsequent to the execution of this Agreement, they may discover facts that were unknown or unsuspected at the time this Agreement was executed, and that if known by the Association at that time may have materially affected their decision to execute this Agreement. Further, the Association has been advised of the existence of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR Notwithstanding this provision, the releases set forthin this Agreement shall constitute full releases in accordance with the terms. The Association knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule of similar effect. The Association understands and acknowledges the significance and consequences of this release and this specific waiver of Section 1542. h. Unanticipated consequences. The parties recognize and acknowledge that factors, which have induced them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, and the parties hereby expressly assume any and all of the risks thereof and further expressly assume the risks of waiving the rights provided by California Civil Code Section 1542. 3. Knowledge of the Parties. The Parties understand and agree to the settlement, this Agreement and the terms and conditions contained herein, and enter into this Agreement knowingly and voluntarily. The Parties have been advised that they have the right to seek legal advice with respect to this Agreement, including the releases contained herein, have had the opportunity to consult with counsel, and have in fact consulted with counsel of their choice. The Parties have investigated the facts pertaining to the settlement and this Agreement and all matters pertaining thereto as deemed necessary. The Parties have relied upon their judgment, belief, knowledge, understanding and expertise after Page 4 of 7 APPROVED AS TO FORM: CITY ATT E 'S OFFICE Date: \ M Aaron C. Harp City Attorney ATTEST: Date: • JO. B : UVVV rT Leilam I. Brown City Clerk NEWPORT BEACH FIREFIGHTERS ASSOCIATION Date: /LZ - CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION Term: January 1, 2012 through June 30, 2014 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") i entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 2012 to June 30, 2014 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 2012-2014 MOU. 4. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 1 NBFA MOU 2012-2014 B. Duration of Memorandum 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, 2012. This MOU shall remain in full force and effect until June 30, 2014, 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, if NBFA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of the MOU, the parties will begin negotiations promptly, with the objective of reaching an agreement by June 30, 2014. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Release Time NBFA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a. Attendance at meetings, conferences, seminars or workshops related to matters within the scope of representation; To prepare for, travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 2 NBFA MOU 2012-2014 3. City grants NBFA members the right to engage in the activities described in subsection 1(b) at any time without reduction to the Release Time granted in subsection 2. D. Scope NBFA shall designate certain members as those members entitled to release time. In no event shall any one designate be entitled to use more than 100 hours (150 hours for the Association President only) of Release Time (exclusive of actual time spent meeting with City representatives on matters relating to the scope of representation), within any calendar year. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of Release Time. Requests for Release Time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), NBFA members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, the contributed time. Contributions may be made only in six - minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' includes accrued flex leave, accrued vacation leave, and accrued holiday time. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. NBFA MOU 2012-2014 When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. E. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material, Material posted and messages sent through electronic mail (E— Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Dues Check -off NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. G. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues 4 NBFA MOU 2012-2014 deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate such Association dues by submitting a signed request to cancel payroll deduction to the Human Resources Director. This signed request shall be followed up with a second request at a time between 30 and 45 days of the original letter. The Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application or implementation of the provisions of this section. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 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 governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. 5 NBFA MOU 2012-2014 Definitions For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or "NBFA member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any NBFA member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any NBFA member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. — COMPENSATION A. Salary Adjustments — this MOU Period 1. Effective the first payroll period commencing on or after January 1, 2013, there shall be a base salary increase of not less than 1.0%, nor more than 2.0%. The precise amount of the increase shall be determined with reference to the percent increase in the Consumer Price Index (All Urban Consumers) for the Los Angeles, Riverside, Orange County areas for the 12 consecutive months ending on November 30, 2012. If there is either no increase in the CPI or the increase is less than or equal to 1.0%, the base salary increase shall be 1.0%. If the increase is greater than 1.0%, the base salary increase shall be in the same amount, but in no event, greater than 2.0%. Effective the first payroll period commencing on or after January 1, 2014, there shall be a base salary increase of not less than 1.0%, nor more than 2.0%. The precise amount of the increase shall be determined with reference to the percent increase in the Consumer Price index (All Urban Consumers) for the Los Angeles, Riverside, Orange County areas for the 12 consecutive months ending on November 30, 2013. If there is either no increase in the CPi or the increase is less than 1.0%, the base salary increase shall be if there is either no increase in the CPI or the increase is less than or equal to 1.0%, the base salary increase shall be 1.0%. If the increase is greater than 1.0%, the base salary increase shall be in the same amount, but in no event, greater than 2.0%. 6 NBFA MOU 2012-2014 3. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter (benchmark position) and the other positions represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: Firefighter Series Percent of Firefighter Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Line Captain 132.00% Fire Prevention Series Percent of Fire Inspector, Non -safety Top Step Fire Inspector, Non -safety N/A Fire Engineer/PSI 115% Fire Prevention Specialist, Non -safety* 116.5% Fire Engineer/PCI 125% Fire Prevention Specialist Plan Check, Non -safety* 126.5% *Special Provision Staff Captains shall receive an additional 7.5% of base pay over Line Captains. Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. Firefighters attending Paramedic School before two years of employment will upon returning from school have 12 months to complete the Engineer Certification program. Once engineer certification program is successfully completed, the member will be entitled to a salary step increase. 7 NBFA MOU 2012-2014 • • B. Overtime — Hours Worked 1. FLSA Overtime shall consist of authorized work hours worked in excess of the maximum number of hours permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption for a work period to be determined by the City. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime. Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift, and shall be paid at time and a half. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. 2. Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. 3. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter, Fire Engineer or Paramedic. 4. Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to Department consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department. C. Required Uniform City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, 8 NBFA MOU 2012-2014 uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, base camp hat, and baseball cap. City shall not be responsible for providing employee with socks, underwear, or workout shoes, or other clothing. The City shall report the value of the required uniform at $1719 to PERS. The City will provide each fire suppression member with a set of front-line tumout gear and an adequate number of reserve turnouts at each station to allow for proper tumout cleaning/decontamination. Reserve tumouts may be personally issued to each member at the Fire Chief's discretion. This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. D. Scholastic/Certificate Achievement Pay NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the members paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the members application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. As to unit members whose starting date was prior to the City Council adoption of this 2012-2014 MOU, scholastic and/or Certificate achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA members shall receive scholastic and/or certificate achievement pay in accordance with the following: Scholastic Pay Years of College Service: Semester/Unit: 2 or more 30 3 or more 60 3 90 4 or more 90 4 120 % of Actual Step in Job Class Range: 1.5%/month 2.5%/month 3.5%/month 3.5%/month 4.5%/month NBFA MOU 2012-2014 2 or more A.A./A.S.* 3.5%/month 4 B.A./B.S. 5.5%/month * Effective concurrent with Council adoption of the 2012-2014 MOU. The unit members hired on and after City Council adoption of this 2012- 2014 MOU shall be ineligible for any scholastic pay based upon having obtained units only. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education Training Council. 5. Certificate Pay Successful completion of coursework for Fire Officer I or Fire Prevention Officer II shall entitle the member to 3%/month in Certificate Pay. Special Assignment Pay The following additional payments shall be made to certain NBFA members based on assignment: 1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows: Maximum Compensation Assignment Number* (% of base pav) Shift Fire Investigator 6 5% Radio/MDC 1 5% SCBA 3 2% Map/Preplan 1 2% Special assignment compensation shall cease when individuals are no longer performing the assignment. *Subject to modification by the department. Should the City establish a Tactical Paramedic Assignment and/or an Urban Search and Rescue Team, it will give notice to and, upon request, meet and confer with the Association on those aspects of the program which fall within the scope of representation. 10 NBFA MOU 2012-2014 • • Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. F. Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee need not meet the minimum requirements for the position to which they are moved up to. Employees who do meet the minimum requirements for the position shall be deemed "Acting Appointments" after their 6t consecutive shift. If the employee is moved -up for five (5) hours or more, the move -up compensation shall be computed as follows: Firefighter to Engineer Firefighter to Paramedic Firefighter to Captain Engineer to Paramedic Engineer to Captain Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.4095% (Step C min.) Regular rate +5% Regular rate +8.935% (Step C min.) Regular rate +5% Regular rate +5% Regular rate +9.5% All holiday, vacation, sick leave and paid leave shall be paid at the employee's regular rate of pay. Time accumulated working in a move up position shall -not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. A move up employee who completes the minimum requirements for the position while working in the move -up classification shall be deemed an "Acting Appointment" effective the date the minimum qualification is met. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain 11 NBFA MOU 2012-2014 Fire Paramedic Fire Engineer Assignment to the move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. 2. Acting Appointments The formal and expressed assignment of an employee to perform the significant duties and responsibilities of a higher classification for more than six (6) consecutive shifts shall be deemed an acting appointment. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Acting employees, except acting paramedics, shall be compensated in the salary range of his/her acting classification at a rate that is at least five (5%) percent higher than their current rate. Acting paramedics shall be compensated at a rate no lower than paramedic salary classification Step 3. All holiday, vacation, sick leave and paid leave shall be paid at the employee's new rate of pay. In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 180 days. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. 12 NBFA MOU 2012-2014 G. Paramedic Compensation Employees sent to Paramedic School or working as a paramedic will be compensated at a rate no lower than Step 3 in the paramedic salary job class range. In the event the employee fails, drops out of Paramedic School, is not assigned or demotes for any reason, they will return to the salary of their previous classification with their original time in rank plus time spent as a paramedic. Assignment to Paramedic School shall not be construed as assignment to position for the purposes of probation. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. I. Shift Holdover NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 5O7(k). Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off -duty hours for actual firefighting, or similar emergency designated by the Department Director, the employee shall receive a minimum of four (4) hours compensation for the first hour worked and compensation for time worked thereafter. 13 NBFA MOU 2012-2014 • r K. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing 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. Court Standby Pay NBFA members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. SECTION 3. - LEAVES A. Flex Leave Effective December 22, 2007, NBFA members shall accrue flex leave as follows. It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below. Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 9.77 10.69 11.62 12.54 12.54 12.54 12.54 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% 14 NBFA MOU 2012-2014 Leave Accrual Years of Cont, Svc Hours/Pay Period Staff and Non -Safety Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.97 7.63 8.33 8.95 8.95 8.95 8.95 Longevity Pay Increase 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code §20636(c)(1) for purposes of computing retirement benefits and contributions. The Flex leave program shall be administered as follows: a. NBFA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to six (6) months of accrual for line employees for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. b. NBFA members who are staff or non -safety employees shall accrue six (6) months of flex leave and line employees shall accrue six (6) months of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. c. Members employed by the City prior to initiation of the flex leave program have had the current accrued vacation time 15 NBFA MOU 2012-2014 converted to flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in the Employee Policy Manual. Members entitled to use sick leave pursuant to Section the Employee Policy Manual and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. d. Members shall be entitled to accrue flex leave up to a maximum of fifty-two (52) times the member's bi-weekly accrual rate. Eamed flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. Effective July 1, 2012, eamed leave in excess of the maximum permitted shall be deposited in the members "spillover bank". NBFA members may, at any time, elect to receive pay (at the member's normal hourly rate) for all accrued flex leave in excess of fifty-two (52) hours for a line employees and 40 hours for staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment (fifty-two (52) times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. e. All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. f. Flex Leave may be taken in four (4) hour increments. g. Members shall be paid for all accrued flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 3(J). Spillover Bank/Spillover Hours. Effective July 1, 2012, all hours currently accrued above the new accrual cap (52x the bi-weekly accrual rate) shall be deposited in a newly -created Spillover Bank and shall 16 NBFA MOU 2012-2014 become Spillover Hours. Flex leave hours used by the employee between July 1, 2012 and December 31, 2012 shall be drawn from the Spillover Bank, to the extent the unit member has adequate Spillover Hours. Effective January 1, 2013, all remaining Spillover Hours and all hours tumed in for cash conversion shall be deposited into the member's MERP account. From January 2, 2013 forward, hours held in the Spillover Bank are not subject to use by the employee and shall be converted, at the member's regular hourly rate, and deposited into the member's MERP account on an annual basis. Telestaff System The City has implemented "Telestaff' which phased out the Vacation Selection System (VSS). The City commits to maintain Telestaff subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing Telestaff. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each members overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. C. Vacation/Sick Leave Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Employee Policy Manual of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve (12) hours per month and staff employees shall accrue sick leave at the rate of eight (8) hours per month. Vacation Leave may be taken in six (6) hour increments. 17 NBFA MOU 2012-2014 NBFA members on the vacation/sick leave system shall accrue as follows: Years of Cont. Service Line Employees Less than 5 5 but less than 9 9 but less than 13 13 but less than 17 17 but less than 21 21 but less than 25 25 and over Years of Cont. Service Staff Employees Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period 5.54 6.47 7.39 8.31 9.23 10.16 11.08 Leave Accrual Hours/Pay Period 3.70 4.31 4.93 5.54 6.16 6.77 7.39 Maximum vacation accrual shall be fifty-two (52) times the member's bi-weekly accrual rate. 2. Sick Leave Conversion Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty—six (86) times their normal bi—weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to cover up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. 18 NBFA MOU 2012-2014 Holiday Time Line Employees The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex Leave or Vacation Leave Account on a bi—weekly basis. Effective October 1, 1996, all Line employees were provided a one- time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off. 2. Staff Employees Staff employees shall receive the following fully paid holidays: New Years Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the member's election. Staff employees shall have the one-time option of accruing holiday time as pay. Staff employees may be required to take specified 19 NBFA MOU 2012-2014 City holidays off at the sole discretion of the Fire Chief. Time will be charged against the employee's flex (or vacation) leave bank. F. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family." Staff and Non - Safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law, mother- in-law, grandparents, and spouse's grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. G. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program. H. Jury Duty NBFA members who are assigned to line positions and are called to jury duty shall be excused for each twenty-four (24) hour shift during which the member is required to attend court and sit on a jury or await assignment. Sick Leave Pay Out Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 100% of their then current base hourly rate of pay (hourly rate before incentives, other pays, etc.) for a percentage of the employees accrued but unused Sick Leave computed as follows: Years of Service: Percent of Unused Sick Leave Paid For: Less than 10 None 10 but less than 15 25% 15 but less than 20 37.5% 20 or more 50% Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 20 NBFA MOU 2012-2014 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 100% of their base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied by .375). Flex Leave Premium Pay Account NBFA members shall have the right to receive pay, at the rate of 100% of their then current base salary, for any Flex Leave banked, up to a maximum of fifty-two (52) times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 100% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. K. Vacation Leave Premium Pay Account Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994 shall be entitled to receive pay, at the rate of 100% of their then current base salary, for any accumulated Vacation Leave up to a maximum of fifty-two (52) times their bi—weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 100% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. L. Worker's Compensation Leave Any Safety NBFA employee who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in 21 NBFA MOU 2012-2014 accordance with the provisions of Section 4850 et seq. of the Labor Code of the State of California. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or its representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments weekly physical therapy) must be scheduled off duty_ N. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. 22 NBFA MOU 2012-2014 SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. 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 Firefighter 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 on or immediately or after. • January 1, 2012, the City's contribution towards the Cafeteria Plan will increase to $1,149.00 (plus the minimum CaIPERS participating employer's contribution). • January 1, 2013, the City's contribution towards the Cafeteria Plan will increase to $1,174.00 (plus the minimum CaIPERS participating employee's contribution). • January 1, 2014, the City's contribution towards the Cafeteria Plan will increase to $1,274.00 (plus the minimum CaIPERS participating employee's contribution). 23 NBFA MOU 2012-2014 NBFA 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. Those members participating in the opt -out program shall be permitted to cash out no more than $1,149.00 monthly. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Health Insurance/Programs IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: 24 NBFA MOU 2012-2014 Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $50.00 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. The Retirement Benefit (Superseding inconsistent April 13, 2010 SUPPLEMENTAL MOU and inconsistent 2008-2010 MOU provisions) 1. Current Non -Sworn Members (Miscellaneous) a. Pursuant to a separate agreement, miscellaneous (non - safety) unit members have agreed to have 2.42% of the employer retirement cost added to the employee's rate pursuant to California Government Code Section 20516, Non -safety employees now pay 3.42% of retirement costs (2.42% employer cost sharing [ER side] and 1% employee 25 NBFA MOU 2012-2014 • • normal member contribution ["EE side"]) on a pre-tax basis pursuant to IRS Code Section 414(h)(2). Effective the first payroll period commencing on and after City Council adoption of this 2012-2014 MOU, non -safety member employees shall in addition to the cost sharing provision described above, pay an additional 3,08% of compensation as and for the individual members normal employee PERS contributions required to be paid by PERS. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2) and pursuant to Government Code §20516 and §20691. At this point, non -safety members will be contributing 4.08% (EE) and 2.42% (ER) for a total of 6.5%. Effective the first payroll period on or after January 1, 2013, non -safety member employees shall in addition to the cost sharing provision described above, pay an additional 1.5% of compensation as and for the individual member's normal employee PERS contributions required to be paid by PERS. Said payment shall be made on a pre-tax basis pursuant to IRS Code Section 414(h)(2) and pursuant to Government Code §20516 and §20691, At this point, non -safety member will be contributing 5.58% (EE) and 2.42% (ER) for a total of 8%. Effective at such time as one or more of the City's other Miscellaneous units agrees to an additional employee contribution within this MOU term, NBFA Miscellaneous unit members' contributions shall match that contribution and shall receive any corresponding salary or benefit adjustment, which is specifically designated by the City and the other miscellaneous employee(s) unit(s) as an offset to such additional member contributions. 2. Current Sworn Members a. The City provides the Public Employees' Retirement System retirement formula of 3% at 50. b. Effective the first payroll period commencing on and after the adoption of this MOU and in accordance with PERS Regulations, sworn unit members have agreed to a total PERS employee contribution of 3.5% pursuant to California Government Code §20516 and §20691 on a pre-tax basis 26 NBFA MOU 2012-2014 • • pursuant to IRS Code §414(h)(2). City shall contribute 5.5% of the employee contribution pursuant to Government Code §20691 and shall report the value of the 5.5% as EPMC under Government Code §20636(c)(4). c. Effective the first payroll period commencing on and after January 1, 2013, sworn unit members agreed to a total PERS employee contribution of 7.0% pursuant to California Retirement Code §20516 and §20691 on a pre-tax basis pursuant to IRS Code §414(h)(2). d. Effective the first payroll period commencing on and after January 1, 2014, sworn unit members agreed to a total PERS employee contribution of 9% pursuant to California Government Code §20516 and §20691 on a pre-tax basis pursuant to IRS Code §414(h)(2). The City's contract with PERS for current hires shall also provide for: a. A 3%@ 50 retirement formula and the highest year benefit pursuant to the provisions of §21252.01 and §20042 of the California Government Code for safety employees hired before the first payroll period commencing on or after the adoption of this MOU. The military buy-back provisions pursuant to §20996 of the California Government Code. c. The Level 4 1959 Survivors Benefits pursuant to §21574 of the California Government Code. 4. To the extent during the term of this Memorandum of Understanding, that the City pays a portion of the normal PERS contributions of members (sworn and non -sworn), said payments shall be reported to PERS as special compensation as is authorized by Government Code §20636(c)(4). Payment by any unit member of the individual member's normal employee PERS contributions required to be paid by PERS, shall not be reported to PERS as special compensation as was authorized by Government Code §20636(c)(4) or by any other authority. 1. New Hires — 2"d Tier. All employees hired following City Council adoption of this 2012-2014 Memorandum of Understanding and 27 NBFA MOU 2012-2014 implementation of the necessary PERS contract amendments shall be subject to the following retirement benefits. a. Safety personnel — the 2% at 50 retirement formula with the retiree's annuity being calculated based upon the employee's highest average annual compensation earnable during any period of three consecutive years of employment during membership in CaIPERS. b. Miscellaneous personnel — the 2% at 60 retirement formula with the retiree's annuity being calculated based upon the employee's highest average annual compensation earnable during any period of three consecutive years of employment during membership in CaIPERS. c. All such hires shall pay 100% of the statutorily mandated employee PERS contribution. Unless specifically modified herein, said newly hired employees shall be subject to other then -existing City-PERS contract provisions. e. To the extent allowed by PERS, the IRS and other applicable regulatory agencies and laws, unit members who shall be enrolled in the 2% at 50 retirement formula, shall be eligible to participate in a Defined Contribution plan (Plan) to be administered by the City or its designee in accordance with said regulatory agency regulations and laws. The Plan shall be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. 26 NBFA MOU 2012-2014 E. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2005. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. Program Structure This is an Integral Part Trust (IPT) Medical Expense Reimbursement Program Plan (MERE). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. 29 NBFA MOU 2012-2014 Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31s1 of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of fifty percent (50%) flex and sick, This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the MERP Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 30 NBFA MOU 2012-2014 • • 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the MERP Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full- time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's MERP account at the time of separation. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the MERP accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any 31 NBFA MOU 2012-2014 • • balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual MERP accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their MERP accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. 32 NBFA MOU 2012-2014 Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the MERP account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not just City insurance premiums. Effective July 1, 2006, a MERP account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee, The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. Tuition Reimbursement and Training Maximum tuition reimbursement (for both college courses and non -college authorized courses) for NBFA members shall be $1,500 per fiscal year. 1. College Courses NBFA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or 33 NBFA MOU 2012-2014 other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement. Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre -authorized or prior approval is received from the Department Training Chief. Examples include, but are not limited to: California State Fire Marshal Courses and CICCS Courses. Non -College Courses NBFA members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Job -related courses, training and seminars will be considered pre - authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources. 3. Training — Training Bank Each member shall have forty-eight (48) hours placed in an annual "Training Flex Bank" on July 1, 2012 and on July 1, 2013. The 48 hours may be used, at the discretion of the member, in one fiscal year for courses or seminars in the following areas: NBFA MOU 2012-2014 Fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, technical rescue (including confined space and trench rescue), CICCS courses (wildland/urban interface training courses), State Fire Marshal courses, and critical incident stress management Hours may be used for travel time to leave from and/or return to the employee's assigned work location in addition to the hours spent during training. A maximum of 12 hours for 56 hour per week employees and 8 hours for 40 hour per week employees may be used during any one regularly -scheduled shift. Additional time required shall be deducted from the member's personal Flex leave bank. Hours in the bank are "use or lose" per employee per Fiscal Year and may not be carried over to a subsequent Fiscal Year. A member's proposed use of this Training Bank time may be denied if it requires the Department to mandatory backfill, to force hire, or in the event that the jurisdictional Assistant Fire Chief finds that operational needs reasonably preclude a represented employee's release for training. This Training Bank shall begin July 1, 2012 and shall expire June 29, 2014 and shall not continue into the next MOU period unless otherwise renegotiated. 4. Training — Worker's Comp. Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. G. Fitness Program All NBFA members shall participate in the Department Fitness Program as outlined in Department SOP_ H. Physical Conditioning Equipment City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $12,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. Up to $10,000 may be carried over to a 35 NBFA MOU 2012-2014 subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. Definitions A. Layoff or Layoffs shall mean the non —disciplinary termination of employment. B. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. 36 NBFA MOU 2012-2014 • C. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). D. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. E. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into only those positions the employee has previously held with the Department. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. 37 NBFA MOU 2012-2014 d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. Notice Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. 4. Re —Employment Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. Severance Pay Permanent employees who are laid off shall, as of the date of lay— off, receive one -week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation. 38 NBFA MOU 2012-2014 Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. C. Fire Suppression Equipment Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and four (4) fire suppression personnel for each truck company. Nothing in this Section shall preclude the Fire Chief or his designee from varying from this "per equipment" staffing level for a brief period in the event that maintaining the prescribed staffing level per piece of equipment is not feasible or appropriate because of a temporary operational need. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. E. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Employees shall have input into the agreement to be developed. Smoking an occasional celebratory cigar (birth of a child, etc.) while off - duty shall not be considered a violation of this section. Fire Inspection Classifications Existing flexible staffing provisions in Fire Prevention Classifications shall remain in effect for the term of this agreement. 39 NBFA MOU 2012-2014 G. Exposure Log The City maintains an exposure log system. H. Grievance Procedure Except as described herein, unit employees are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the grievance procedure shall be presided over the Fire Chief, and Step 3 of the grievance procedure shall be the City Manager. The City Manager shall render the final and binding grievance determination. 48/96 Schedule The Fire Department currently operates with a 48/96 schedule. A City proposal to modify this schedule shall be subject to meet and confer. Signatures are on the next page. 40 NBFA MOU 2012-2014 Executed this.2.);nday of May, 2012: NEWPORT BEACH FIREFIGHTERS ASSOCIATION By: 6.72- c7 2 G'� Brian M ough, 1BFA President CITY OF NEWPORT BEACH r r �5 Nancy Gardner/Iayor ATTEST: By �i - Leilani Brown, City Clerk APPROVED AS TO FORM: ,f P Aaron Harp, CO Attorney Attachment: (1) Exhibit "A" NBFA Represented Classifications NBFA MOU 2012-2014 Newport Beach Firefighters Association Represented Classifications Exhibit A Fire Fighter Engineer Paramedic Captain Firefighter Series Fire Prevention Series Fire Inspector, Non -Safety Fire Prevention Specialist, Non -Safety Fire Prevention Plans Examiner, Non -Safety 42 NBFA MOU 2012-2014 Side Letter to the Memoranda of Understanding between the City of Newport Beach and Several Newport Beach Employee Associations as well as Unrepresented Employees Since 2009 the City and its employee associations agreed upon the closure of the City Hall complex during the Christmas and New Year's Holiday period. The Newport Beach employee associations and the unrepresented group listed below acknowledge the need for the City to reduce expenditures and the City's leave accrual liability. The undersigned Associations and City jointly agree to close the City Hall complex and other non- essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2011 through January 2, 2012). Facility closures shall be cost neutral to the City and will not result in additional paid days/hours off. The City and the undersigned also agree that staff located at the City Hall complex and other non -essential employees will not have the option to work during this period, unless specifically requested by Department Directors and exclusively authorized by the City Manager or designee. Emergency Conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. Both Christmas Eve and New Year's Eve fall on a Saturday in 2011. Per applicable Memoranda of Understanding, the City provides half -day holidays (4 hours each) for Christmas Eve and New Year's Eve, which would otherwise be observed on December 23 and December 30 respectively. Under this agreement only, the two half -day holidays will be combined into one paid 8-hour holiday and observed on Friday, December 30. In conjunction, the City Hall complex will be open a full day on Friday, December 23, 2011. 2. Christmas Day and New Year's Day fall on a Sunday in 2011. As provided for in the current Memoranda of Understanding, the holiday will be observed the following Monday. Christmas Day will be observed on December 26, 2011 and New Year's Day will be observed on January 2, 2012. This results in only 3 full days (12/27, 12/28, and 12/29) that are required for employees to use Flex Leave during holiday closure. This is a one-time exception of the existing designated holiday schedule outlined in the current Memoranda of Understanding for each Association. 3. According to the City's Employee Policy Manual, an employee must be in paid status in order to receive holiday pay. Therefore, employees must either work or use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday in order to meet this requirement. The only day employees would be eligible to take leave w/out pay and still receive holiday pay would be Wednesday, December 28. 4. Employees who have completed their initial probationary period but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 5. Employees on a flexible schedule whose regularly scheduled day off is Friday, December 30, will take their regularly scheduled day off and bank the 8 hours of holiday pay to their Comp or Flex Leave Bank. Side Letter Agreement — Holiday Closure FY2011-12 Page 2 This agreement will help lower the liability on the City's books for leave balances and provide savings of utilities and other maintenance costs for fiscal year 2011-2012. This agreement shall not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Any questions or requests for information shall be addressed to the Human Resources Department. /1 Executed this ,.i day of Aut_ I/(.St 2011. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: City Employees' Association By: c Teresa Craig, President CI Firefighter's Association By: -6 0 7civ Brian McDonou 1 President Fire Management Association By: (3— Charles Duncan, President Key & Management Employees By: Mike Pisani Police Management Association By: Steve Rasmussen, President Approved Davis ¶TW City Attorney Newport Beach Employees' League By: Chris Auger, Preside Lifeguard Mana ement Association By: cWinfi Brent Jacob n, President Profess onal § Technical Employees' Assoc. By: i, President mAY6t rSbo tS Police Association By: A`Lca ,,;( David Syvoc , Pr ident FOR THE CITY OF NEWPORT BEACH: By: Ct.� Da iff, City Manager Leilani Brown, City Clerk • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 2008 to December 31, 2010 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 2008-2010 MOU. 4. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 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 January 1, 2008. This MOU shall 1 • • remain in full force and effect until December 31, 2010, 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, if NBFA submits preliminary requests for changes in wages, fringe benefits and other terms and conditions of employment earlier than 90 days prior to expiration of the MOU, the parties will begin negotiations promptly, with the objective of reaching an agreement by December 31, 2010. 2. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Release Time 1. NBFA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a. Attendance at meetings, conferences, seminars or workshops related to matters within the scope of representation; b. To prepare for, travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. 2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a). Unused hours from any calendar year may be carried .over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants NBFA members the right to engage in the activities described in subsection 1(b) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. In no event shall any one designate be entitled to use more than 100 hours (150 hours for the Association President only) of Release Time (exclusive of actual time spent meeting with 2 • City representatives on matters relating to the scope of representation), within any calendar year. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of Release Time. Requests for Release Time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), NBFA members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, the contributed time. Contributions may be made only in six - minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' includes accrued flex leave, accrued vacation leave, and accrued holiday time. D. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, 3 functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E— Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Dues Check -off NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate such Association dues by submitting a signed request to cancel payroll deduction to the Human Resources Director. This signed request shall be followed up with a second request. at a time between 30 and 45 days of the original letter. The Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application or implementation of the provisions of this section. 4 H. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 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. J. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. Definitions For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or "NBFA member" shall mean all persons within classifications represented by NBFA. 5 • • 2. The term "staff employee" shall mean any NBFA member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any NBFA member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. — COMPENSATION A. Salary 1. Salary Adjustments. a. Effective December 22, 2007, the City shall increase base salary for the firefighter classification by two percent (2%) (with increases for other classifications pursuant to the matrix below). b. Effective June 21, 2008, the City shall increase base salary for the firefighter classification by two percent (2%) (with increases for other classifications pursuant to the matrix above). c. Effective December 20, 2008, the City shall increase base salary for the firefighter classification by three and one - quarter percent (3.25%) (with increases for other classifications pursuant to the matrix above). d. Effective December 19, 2009, the City shall increase base salary for the firefighter classification by three and one-half percent (3.5%) (with increases for other classifications pursuant to the matrix above). The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter (benchmark position) and the other positions represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: 6 Firefighter Series Percent of Firefighter Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Line Captain 132.00% Fire Prevention Series Percent of Fire Inspector, Non -safety Top Step Fire Inspector, Non -safety N/A Fire Engineer/PSI 115% Fire Prevention Specialist, Non -safety* 116.5% Fire Engineer/PCI 125% Fire Prevention Specialist Plan Check, Non -safety* 126.5% *Special Provision Effective December 22, 2007, the matrix was modified for the non - safety members of this bargaining unit. Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of base pay over Line Captains. Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. Firefighters attending Paramedic School before two years of employment will upon returning from school have 12 months to complete the Engineer Certification program. Once engineer certification program is successfully completed, the member will be entitled to a salary step increase. Overtime — Hours Worked 1. Overtime shall consist of authorized work in excess of the normal number of hours in any scheduled work shift or work in excess of the maximum number of hours permitted by the United States Department of Labor regulations for up to a twenty-eight (28) day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for overtime pay pursuant to the Fair Labor Standards Act and/or Department of Labor regulations. 2. Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. 3. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter, Fire Engineer or Firefighter/Paramedic. 4. Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours. C. Required Uniform City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, base camp hat, baseball cap and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, or workout shoes, or other clothing. The City shall report the value of the required uniform at $1719 to PERS. The City will provide an adequate number of reserve tumouts at each station to allow for proper turnout cleaning/decontamination. This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. Scholastic/Certificate Achievement Pay NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the 8 Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. Scholastic and/or Certificate achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA member shall receive scholastic and/or certificate achievement pay in accordance with the following: 1. Scholastic Pay Years of Service: 2 or more 3 or more 3 4 or more 4 4 College Semester/Unit: Job Class Range: 30 60 90 90 120 B.A./B.S. Certificate Pay Coursework: Successful Completion of coursework for Fire Officer I or Fire Prevention Officer 11 Special Assignment Pay of Actual Step in 1.5%/month 2.5%/month 3.5%/month 3.5%/month 4.5%/month 5.5%/month % of Actual Step in Job Class Range: 1.5%/month Effective June 21, 2008 increase to 3.0%/month The following additional payments shall members based on assignment: be made to certain NBFA dous Materials Response Team pay of five percent (5%) of base 1. Certified members of the Nazar shall receive special assignment pay per month. 2. Individuals properly trained and perform special assignments shall assigned by the Department to be compensated as follows: Maximum Compensation Assignment Number* (% of base pay) Shift Fire Investigator 6 5% Computer Expert 1 5% Radio/MDC 1 5% SCBA 3 2% Background Investigator 3 2% Map/Preplan 1 2% Compensation shall cease when individuals are no longer performing the assignment. `Subject to modification by the department. 3. Should the City establish a Tactical Paramedic Assignment and/or an Urban Search and Rescue Team, it will give notice to and, upon request, meet and confer with the Association on those aspects of the program which fall within the scope of representation. 4. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of five percent (5%) above base salary, plus overtime at the rate of time and one half, for employees who are assigned special projects outside of or above and beyond their normal job classification. The types and duration of these temporary assignments will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. F. Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee need not meet the minimum requirements for the position to which they are moved up to. Employees who do meet the minimum requirements for the position shall be deemed "Acting Appointments" after their 6t consecutive shift. If the employee is moved -up for five (5) hours or more, the move -up compensation shall be computed as follows: 10 • • Firefighter to Engineer Firefighter to Paramedic Firefighter to Captain Engineer to Paramedic Engineer to Captain Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.4095% (Step C min.) Regular rate +5% Regular rate +8.935% (Step C min.) Regular rate +5% Regular rate +5% Regular rate +9.5% All holiday, vacation, sick leave and paid leave shall be paid at the employee's regular rate of pay. Time accumulated working in a move up position shall -not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. A move up employee who completes the minimum requirements for the position while working in the move -up classification shall be deemed an "Acting Appointment" effective the date the minimum qualification is met. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignment to the move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. 2. Acting Appointments The formal and expressed assignment of an employee to perform the significant duties and responsibilities of a higher classification for more than six (6) consecutive shifts shall be deemed an acting appointment. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Acting employees, except acting paramedics, shall be compensated in the salary range of his/her acting classification at a rate that is at least five (5%) percent higher than their current rate. Acting paramedics shall be compensated at a rate no lower than paramedic salary classification Step 3. All holiday, vacation, sick leave and paid leave shall be paid at the employee's new rate of pay. 11 In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 180 days. 3. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. G. Paramedic Compensation Employees sent to Paramedic School or working as a paramedic will be compensated at a rate no lower than Step 3 in the paramedic salary job class range. In the event the employee fails, drops out of Paramedic School, is not assigned or demotes for any reason, they will return to the salary of their previous classification with their original time in rank plus time spent as a paramedic. Assignment to Paramedic School shall not be construed as assignment to position for the purposes of probation. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. 12 • • I. Shift Holdover NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). J. Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off -duty hours for actual firefighting, or similar emergency designated by the Department Director, the employee shall receive a minimum of four (4) hours compensation for the first hour worked and compensation for time worked thereafter. K. Bilingual Pav Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing 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. L. Court Standby Pav NBFA members who, pursuant to Subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. SECTION 3. - LEAVES 13 • • A. Flex Leave 1. Effective December 22, 2007, NBFA members shall accrue flex leave as follows. It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below. Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pav Period Increase Line Employees 1 but less than 5 9,77 0.00% 5 but less than 9 10.69 0.00% 9 but less than 12 11.62 0.00% 12 but less than 16 12.54 0.00% 16 but less than 20 12.54 1.5% 20 but less than 25 12.54 2.5% 25 and over 12.54 3.5% Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Staff and Non -Safety Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.97 7.63 8.33 8.95 8.95 8.95 8.95 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (1) for purposes of computing retirement benefits and contributions. The Flex leave program shall be administered as follows: a. NBFA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to six (6) months of accrual for line employees for use by the member to recover from illness. 14 • • In the event the City advances paid leave time and the employee is terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. b. NBFA members who are staff or non -safety employees shall accrue six (6) months of flex leave and line employees shall accrue six (6) months of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. c. Members employed by the City prior to initiation of the flex leave program have had the current accrued vacation time converted to flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in the Employee Policy Manual. Members entitled to use sick leave pursuant to Section the Employee Policy Manual and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member% flex leave account. d. Subject to the provisions of Section 3(J), members shall be entitled to accrue flex leave up to a maximum of seventy- eight (78) times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. NBFA members may, at any time, elect to receive pay (at the member's normal hourly rate) for all accrued flex leave in excess of seventy-two (72) hours for a line employees and 40 hours for staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment seventy-eight (78) times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. 15 e. All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. f. Flex Leave may be taken in four (4) hour increments. g. Members shall be paid for all accrued flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 3(J). B. Telestaff System The City has implemented "Telestaff' which phased out the Vacation Selection System (VSS). The City commits to maintain Telestaff subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing Telestaff. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. C. Vacation/Sick Leave 1. Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Employee Policy Manual of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve (12) hours per month and staff employees shall accrue sick leave at the rate of eight (8) hours per month. Vacation Leave may be taken in six (6) hour increments. 16 NBFA members on the vacation/sick leave system shall accrue as follows: Years of Cont. Service Line Employees Less than 5 5 but less than 9 9 but less than 13 13 but less than 17 17 but less than 21 21 but less than 25 25 and over Years of Cont. Service Staff Employees Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period 5.54 6.47 7.39 8.31 9.23 10.16 11.08 Leave Accrual Hours/Pay Period 3.70 4.31 4.93 5.54 6.16 6.77 7.39 Maximum vacation accrual shall be seventy-eight (78) times the member's bi-weekly accrual rate. 2. Sick Leave Conversion Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty—six (86) times their normal bi—weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to covert up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. 3. Within 60 days of the signing of this Memorandum of Understanding all unit members still in the vacation/sick leave program may, collectively, elect to convert to the flex leave 17 program. Conversion terms shall be the same as those utilized during the initial establishment of the flex leave program. Holiday Time Line Employees The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex Leave or Vacation Leave Account on a bi—weekly basis. Effective October 1, 1996, all Line employees were provided a one- time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off. 2. Staff Employees Staff employees shall receive the following fully paid holidays: New Years Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the member's election. 18 Staff employees shall have the one-time option of accruing holiday time as pay. Staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. Time will be charged against the employee's flex (or vacation) leave bank. F. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff and Non - Safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law, mother- in-law, grandparents, and spouse's grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. G. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program. H. Jury Duty NBFA members who are assigned to line positions and are called to jury duty shall be excused for each twenty-four (24) hour shift during which the member is required to attend court and sit on a jury or await assignment. Sick Leave Pay Out Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 109% of their then current base hourly rate of pay (hourly rate before incentives, other pays, etc.) for a percentage of the employees accrued but unused Sick Leave computed as follows: Years of Service: Percent of Unused Sick Leave Paid For: Less than 10 None 10 but less than 15 25% 15 but less than 20 37.5% 20 or more 50% 19 Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied by .375). J. Flex Leave Premium Pay Account NBFA members shall have the right to receive pay, at the rate of 109% of their then current base salary, for any Flex Leave banked, up to a maximum of seventy-eight (78) times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. Vacation Leave Premium Pay Account Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their then current base salary, for any accumulated Vacation Leave up to a maximum of fifty-two (52) times their bi—weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. Worker's Compensation Leave Any Safety NBFA employee who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the 20 L course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. M. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or it's representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. N.. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave • and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. 21 SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. Effective December 22, 2007, the City contribution toward the Cafeteria Plan shall be $874. In addition, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. 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 Firefighter 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 December 22, 2008 the City's contribution towards the Cafeteria Plan will increase to $974 (plus the minimum CaIPERS participating employer's contribution). Effective December 19, 2009 the City's contribution towards the Cafeteria Plan will increase to $1,049 (plus the minimum CaIPERS participating employer's contribution). NBFA 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 22 • • insurance coverage on an annual basis. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Health Insurance/Programs IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $50 23 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program, Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. The Retirement Benefit 1. Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement, the entire required normal "safety member" retirement contribution, but not to exceed 9% of the compensation eamable which PERS uses to calculate retirement contributions and benefits and the entire normal miscellaneous member contribution, not to exceed 7%. 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. NBFA acknowledges that the City is making this payment pursuant to a specific request of NBFA to do so, that the City has made significant financial commitments to NBFA in this MOU in 24 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 NBFA (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 NBFA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. 2. The City's contract with PERS shall also provides for: a. A 3% @ 50 retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code. b. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. c. The Level 4 1959 Survivors Benefits. The City will amend its PERS contract to provide the pre -retirement option settlement 2 death benefit (Section 21548) to be effective July 23, 2005. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2005. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. 25 d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Medical Expense Reimbursement Program Plan (MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the MERP, on a pre-tax basis. The remaining 50% would be paid in 26 cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of percent (_%) flex and sick. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the MERP Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be `bashed out" at 800, and specifies that sick leave hours are `bashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A 27 contributions and Part C leave settlement contributions, if any, will be in the MERP Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full- time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's MERP account at the time of separation. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the MERP accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CatPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual MERP accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This 28 contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their MERP accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the MERP account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, notiust City insurance premiums. Effective July 1, 2006, a MERP account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid 29 by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. Tuition Reimbursement Maximum tuition reimbursement for NBFA members shall be $1,000 per fiscal year. Effective July 2008 maximum reimbursement shall increase to $1,400, effective July 2010 maximum reimbursement shall increase to $1,500. 1. College Courses NBFA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. 2. Non -College Courses NBFA members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Job -related courses and seminars will be considered pre -authorized in the following areas: management and supervision, oral and written communications, conflict resolution, fire ground operations, rescue systems, legal issues, media relations, risk management, EMS, health 30 and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Division Chief before submittal to Human Resources. Fitness Program All NBFA members shall participate in the Department Fitness Program as outlined in Department SOP. H. Phvsical Conditioning Equipment City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $12,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. Up to $10,000 may be carried over to a subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5. — Miscellaneous Provisions A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. "Layoffs" or "Laid off" shall mean the non —disciplinary termination of employment. 31 b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part— time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only 32 those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to lay—off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. 4. Re —Employment Permanent and probationary employees who are laid off shall be placed on a Department re—employment list in reverse order of layoff. Re-employment lists will be valid for two (2) years. The re- 33 employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re—employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay— off, receive one -week severance pay for each year of continuous service with the City of Newport Beach. B. Schedule The City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1(D)1. C. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. D. Fire Suppression Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three fire suppression personnel for each engine company, four fire suppression personnel for each truck company, and two firefighter/paramedics on each paramedic unit. PAU staffing shall conform to the provisions in Section 5(G). E. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic 34 certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. F. Pre -Hospital Emergency Medical Services (EMS) System In a prior MOU, the City and Association have met and conferred on the City's Paramedic and Emergency Transportation System. The parties at that time agreed as follows: Two engine companies shall be converted to a Paramedic Assessment Unit (PAU's. The two current paramedic units shall be converted to Paramedic Ambulances (PAU's) and a City operated 24-hour Basic Life Support (BLS) ambulance shall be staffed by two sworn Firefighter EMT- D's. The PA's shall normally transport patients requiring advanced life support (ALS) . The BLS ambulance shall normally transport patients requiring basic life support (BLS). Either the PA's or the BLS ambulance may transport ALS or BLS patients based upon operational need. G. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Employees shall have input into the agreement to be developed. Smoking an occasional celebratory cigar (birth of a child, etc.) while off - duty shall not be considered a violation of this section. H. Fire Inspection Classifications Existing flexible staffing provisions in Fire Prevention Classifications shall remain in effect for the term of this agreement. Exposure Log The City maintains an exposure log system. 35 Grievance Procedure Unit employees are covered by the grievance procedure contained in the Employee Policy Manual (attached). The City and NBFA agree on the following: (1) that "Immediate Supervisor" in Step 1 means either Captain or Battalion Chief; (2) that Department Director in Step 3 means Fire Chief; and (3) a meeting will be held at all steps of the process upon the request of either party. K. Seniority Bid System The Newport Beach Fire Department and the Newport Beach Firefighters Association have established a committee to develop a seniority bid system for shift, station, and unit assignments prior to the negotiations for this agreement. The committee will present a proposal for a seniority bid system to the Fire Chief no later than October 1, 2008 for implementation no later than January 1, 2009, with bidding to commence in the prior months to implementation. The Fire Chief may accept the proposal, modify it or deny the proposal in its entirety. The Fire Chief may send the proposed bid system back to the committee with further direction, or completely abandon the committee and proposed bid system as being unworkable during the term of the agreement. If the seniority bid system is approved and operational, it will be considered a trial program until permanently implemented by the Fire Chief. L. Traininq Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. The Fire Chief will provide a departmental standard operating procedure (SOP) that will address administrative procedures and a list of approved training classes. NBFA may provide assistance to the Chief in developing the Training Class list and propose a class for the Chief's consideration at any time. The Chief may add or delete classes to the Training Class List at any time. 36 NEW SEC. TRIAL 48/96 SCHEDULE Unless extended by mutual agreement, the Fire Department will implement a trial 48/96 schedule no later than August 15, 2010. The schedule will initially run for 90 days, subject to cancellation by the City or Association at any time. It may be extended by mutual agreement. Prior to the schedule implementation the City and Association will meet and develop a side letter to govern the trial schedule. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach Firefighters Association remains in full force and effect. Executed this / day of .(i L , 2010: CITY OF NEWPORT BEACH BY: � -eve Keith D. Curry, Mayor ATTE s NEWPORT BEACH FIREFIGHTERS ASSOCIATION: [3y: L Chad Pon galek, President By: I .) .22 G9 ;7G'L Brian McDonough, V}Pri ent By:6.--7 Boyles, Represehtative At -Large By: Rich Thomas, Negotiation Team Leilani Brown, City Clerk Leonie Mulvihill, Acting City Attorney Page 3 of 3 Sick leave balances may also be included in the MERP, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. All other provisions of the MOU remain in effect. Executed thisi,d day of NEWPORT BEACH FIREFIGHTERS ASSOCIATION By: CITY OF EWPOR.-B.EACK By: Mayor APPROVED AS TO FORM: Ci y A torney 7 ,Z66 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE FIREFIGHTERS ASSOCIATION 1. This Supplemental Memorandum of Understanding (MOU) sets forth the agreement between the City of Newport Beath (City) and Firefighters Association (Association) for the implementation of the Califomia Public Employees Retirement System 2.5% @ 55 retirement formula non -safety employees. The City and Association agree as follows: 2. The 2.5% @ 55 retirement program will be implemented on January 1, 2008 for non -safety employees. Plan options will remain unchanged. 3. Concurrently, the entire 3.42% cost of the plan change (2.42% employer and 1% employee) will be added to the employee's rate pursuant to California Retirement Code Section 20516. This will bring the total employee contribution to 10.42%. The City will continue to pay 7% towards the employee share. Employees will pay the balance on a pre-tax basis pursuant to IRS Code Section 414(h)(2). 4. Implementation of this agreement requires the affirmative vote of a majority of the City's Miscellaneous Retirement Plan Members. If this does not occur, the City and Association will reopen negotiations on retirement issues only. 5. All other matters within the scope of representation are covered in the Memorandum of Understanding between the City and Association dated January 1, 2005 through December 31, 2007 and successor Memoranda. 6. Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect. The City and Association will meet and confer on those portions of the MOU found invalid. 7. The term of this Supplemental MOU will be for 10 years, from July 1, 2007 through June 30,.2017. Neither party shall attempt to amend the provisions contained herein during this 10-year term. Signatures are on the next page. Bv: Hy: Executed this 1714day of May, 2008: Jeff Boyles, NBFA Preside inokur, BFA Vi R-resid9nt By: I ' Brian M B BF, T easurer Ty Lunde,(N FA Health/Benefits Director CITY OF G By: Edward ATTEST: By: 'AU 197 LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney EIPORT BEACH elich, Mayor SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This Supplemental Memorandum of Understanding (SMOU) modifies the Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Firefighters Association for the term commencing January 1, 2005 and concluding December 31, 2007. SECTION 4 — Fringe Benefits, Subsection E. Retiree Health Benefits Program is amended to read as follows 2. Effective December 24, 2005 iii. Part C contributions (leave settlement as determined by Association): The Association has determined that the level of contribution for all employees it represents will be 50% of sick and flex leave. Any future changes are subject to the following constraints. All employees within the Association must participate at the same level. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. The computation of the cash equivalent for leave hours to be included in the MERP will be the same as the computation used when leave is "cashed out" for other reasons. However, individual employees must not have the option of receiving compensation for the value of the same leave hours in the form of cash. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City would have the cash equivalent of 50% of whatever balance is in his or her leave account added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Again, individual employees would not have the option to deviate from this breakout. If the Association decides to participate in Part C contributions, at any level, this same level of participation is mandatory for any conversion of leave to cash by its members, with the exception of "spillover" amounts above the maximum accumulation balance. No such spillover payments will be included in Part C contributions. Use of leave for time off purposes is not constrained by this prohibition. 1 eff Boyles, { Executed this$A day of Se lr,1 bee 2007: By: -- By: By: CITY WP ACH By: Keith inokur, NBFA Brian 4cDop ugh, NBFA Mayor ATTEST: B � 7 • 14-716e(-4-i Y� City Clerk AFPRO 4) AS TO FORM: City Attorney • c_a060 CA) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 2005 to December 31, 2007 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 2005-2007 MOU. 4. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 7 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 January 1, 2005. This MOU shall remain in full force and effect until December 31, 2007, and the provisions of this MOU shalt continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Release Time 1. NBFA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a. Attendance at meetings, conferences, seminars or workshops related to matters within the scope of representation; b. To prepare for, travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. 2. City grants NBFA 288 hours of Release Time per calendar year to engage in the activities described in subsection 1(a). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants NBFA members the right to engage in the activities described in subsection 1(b) at any time without reduction to the Release Time granted in subsection 2. NBFA shall designate certain members as those members entitled to release time. In no event shall any one designate be entitled to use more than 100 hours (150 hours for the Association President 2 • • only) of Release Time (exclusive of actual time spent meeting with City representatives on matters relating to the scope of representation), within any calendar year. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of Release Time. Requests for Release Time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), NBFA members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. During 2005 only, members may contribute time earned prior to July 1, 2005 until December 30, 2005. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, the contributed time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' includes accrued flex leave, accrued vacation leave, and accrued holiday time. D. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts 3 any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. E. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E— Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate such Association dues by submitting a signed request to cancel payroll deduction to the Human Resources Director during the period of December 1 through December 31 each year. The Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application or implementation of the provisions of this section. 4 • • G. Dues Check -off NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 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. J. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. 5 L. Definitions For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or "NBFA member" shall mean all persons within classifications represented by NBFA. The term "staff employee" shall mean any NBFA member who is assigned to work an average 40-hour workweek. 3. The term "line employee" shall mean any NBFA member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. — COMPENSATION A. Salary 1. Salary Adjustments. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter (benchmark position) and the other positions represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: Percent of Firefighter Firefighter Series Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Line Captain 132.00% 6 Fire Prevention Series Fire Inspector, Non -safety Fire Engineer/PSI Fire Prevention Specialist, Non -safety Fire Engineer/PCI Fire Prevention Specialist Plan Check, Non -safety Percent of Fire Inspector,Non-safety Top Step N/A 115% 115% 125% 125% Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of base pay over Line Captains. a. Effective December 25, 2004, the City shall increase base salary for the firefighter classification by two percent (2%) (with increases for other classifications pursuant to the matrix above). b. Effective June 25, 2005, the City shall increase base salary for the firefighter classification by one percent (1%) (with increases for other classifications pursuant to the matrix above). c. Effective June 24, 2006, the City shall increase base salary for the firefighter classification by three percent (3%) (with increases for other classifications pursuant to the matrix above). d. Effective June 23, 2007, the City shall increase base salary for the firefighter classification by two percent (2%) (with increases for other classifications pursuant to the matrix above). Special Adjustment Effective the pay period beginning December 24, 2005 (concurrent with the implementation of the revised retiree medical benefit as set forth in Section 4E) base salaries shall be increased by 1%. 2. Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. B. Overtime — Hours Worked 1. Overtime shall consist of authorized work in excess of the normal number of hours in any scheduled work shift or work in excess of the maximum number of hours permitted by the United States Department of Labor regulations for up to a twenty-eight (28) day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for overtime pay pursuant to the Fair Labor Standards Act and/or Department of Labor regulations. 2. Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. 3. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter or Fire Engineer. 4. Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours. C. Required Uniform City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, base camp hat, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. The City shall report the value of the required uniform at $1,369 to PERS. The City will provide an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. This equipment will be used to temporarily replace an employee's personal 8 turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. D. Scholastic/Certificate Achievement Pav NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. Scholastic and/or Certificate achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA member shall receive scholastic and/or certificate achievement pay in accordance with the following: 1. Scholastic Pay Years of College Service: Semester/Unit: 2 or more 30 3 or more 60 3 90 4 or more 90 4 120 4 B.A./B.S. 2. Certificate Pay Coursework: Completion of coursework for Fire Officer I or Fire Prevention Officer II of Actual Step in Job Class Range: 1.5%/month 2.5%/month 3.5%/month 3.5%/month 4.5%/month 5.5%/month % of Actual Step in Job Class Range: 1.5%/month 9 Special Assignment Pav The following additional payments shall be made to certain NBFA members based on assignment: 1. Certified members of the Hazardous Materials Response Team shall receive special assignment pay of five percent (5%) of base pay per month. 2. Should the City establish a Tactical Paramedic Assignment, it will give notice to and, upon request, meet and confer with the Association on those aspects of the program which fall within the scope of representation. 3. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of five percent (5%) above base salary, plus overtime at the rate of time and one half, for employees who are assigned special projects outside of or above and beyond their normal job classification. The types and duration of these temporary assignments will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. F. 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 job classifications. Employees temporarily upgraded to the following job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher job classification if they are assigned to work in the higher job classification for a period of four (4) working hours or longer: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Tiller Assignment 10 • All holiday, vacation, sick leave and paid leave shall be paid at the employee's regular rate of pay. Assignments to higher rated classifications shall be made at the sole discretion of the City. G. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. H. Shift Holdover NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work or to continue on duty during his/her off -duty hours for actual firefighting, or similar emergency designated by the Department Director, the employee shall receive a minimum of three (3) hours compensation for the first hour worked and compensation for time worked thereafter. J. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing Spanish. Employees certified shall receive bilingual pay the first full pay period following 11 certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. K. Court Standby Pay NBFA members who, pursuant to Subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. SECTION 3. - LEAVES A. Flex Leave 1. Effective December 25, 2004, NBFA members shall accrue flex leave as follows. It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below. Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 8.77 9.69 10.62 11.54 11.54 11.54 11.54 0.00% 0, 00% 0.00% 0.00% 1.5% 2.5% 3.5% 12 • • Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Staff and Non -Safety Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.26 6.92 7.59 8.24 8.24 8.24 8.24 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (1) for purposes of computing retirement benefits and contributions. 2. The Flex leave program shall be administered as follows: a. NBFA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to six (6) months of accrual for line employees for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. b. NBFA members who are staff or non -safety employees shall accrue six (6) months of flex leave and line employees shall accrue six (6) months of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. c. Members employed by the City prior to initiation of the flex leave program have had the current accrued vacation time 13 converted to flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in the Employee Policy Manual. Members entitled to use sick leave pursuant to Section the Employee Policy Manual and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. d. Subject to the provisions of Section 3(J), members shall be entitled to accrue flex leave up to a maximum of seventy- eight (78) times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. NBFA members may, at any time, elect to receive pay (at the member's normal hourly rate) for all accrued flex leave in excess of seventy-two (72) hours for a line employees and 40 hours for staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment seventy-eight (78) times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. e. All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. f. Flex Leave may be taken in six (6) hour increments. g. Members shall be paid for all accrued flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 3(J). B. Vacation Selection System The City has implemented a vacation selection system (VSS) which phased out mandatory scheduling for vacation relief in favor of leave coverage by paying overtime to other members occupying the same 14 position. The City commits to maintain VSS subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing VSS. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. C. Vacation/Sick Leave 1. Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Employee Policy Manual of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve (12) hours per month and staff employees shall accrue sick leave at the rate of eight (8) hours per month. Vacation Leave may be taken in six (6) hour increments. NBFA members on the vacation/sick leave system shall accrue as follows: Years of Cont. Service Line Employees Less than 5 5 but less than 9 9 but less than 13 13 but less than 17 17 but less than 21 21 but less than 25 25 and over Leave Accrual Hours/Pay Period 5.54 6.47 7.39 8.31 9.23 10.16 11.08 15 • Years of Cont. Service Staff Employees Less than 5 5 but Tess than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period 3.70 4.31 4.93 5.54 6.16 6.77 7.39 Maximum vacation accrual shall be seventy-eight (78) times the member's bi-weekly accrual rate. 2. Sick Leave Conversion Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty—six (86) times their normal bi—weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to covert up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. E. Holiday Time 1. Line Employees The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex Leave or Vacation Leave Account on a bi—weekly basis. Effective October 1, 1996, all Line employees were provided a one- time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 16 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off. 2. Staff Employees Staff employees shall receive the following fully paid holidays: New Years Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, • Christmas, and one—half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the member's election. Staff employees shall have the one-time option of accruing holiday time as pay. Staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. Time will be charged against the employee's flex (or vacation) leave bank. F. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff and Non - Safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law, mother- in-law, and grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. 17 • G. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program. H. Jury Duty NBFA members who are assigned to line positions and are called to jury duty shall be excused for each twenty-four (24) hour shift during which the member is required to attend court and sit on a jury or await assignment. I. Sick Leave Pay Out Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 109% of their then current base hourly rate of pay (hourly rate before incentives, other pays, etc.) for a percentage of the employees accrued but unused Sick Leave computed as follows: YEARS OF SERVICE: PERCENT OF UNUSED SICK LEAVE PAID FOR: LESS THAN 10 NONE 10 BUT LESS THAN 15 25% 15 BUT LESS THAN 20 37.5% 20 OR MORE 50% Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied by .375). J. Flex Leave Premium Pay Account NBFA members shall have the right to receive pay, at the rate of 109% of their then current base salary, for any Flex Leave banked, up to a maximum of seventy-eight (78) times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary 18 • • for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. K. Vacation Leave Premium Pay Account Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their then current base salary, for any accumulated Vacation Leave up to a maximum of fifty-two (52) times their bi—weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. L. Worker's Compensation Leave Any Safety NBFA employee who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. M. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. 19 • • SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. Effective June 25, 2005, the City contribution toward the Cafeteria Plan shall be $674. In addition, the City shall contribute the minimum CatPERS participating employer's contribution towards medical insurance. 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 Firefighter 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 December 24, 2005 the City's contribution towards the Cafeteria Plan will increase to $724, (plus the minimum CaIPERS participating employer's contribution). Effective December 23, 2006 the City's contribution towards the Cafeteria Plan will increase to $774, (plus the minimum CaIPERS participating employer's contribution). NBFA 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 20 • • insurance coverage on an annual basis. 3. Dental lnsurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 5. Changes in Insurance Carriers and Coverages There shall be no change in Insurance carriers or coverages during the term of this agreement unless the City has given prior notice to the Association and, upon request, met and conferred. B. Additional Health Insurance/Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000lmonth 21 • • Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. The Retirement Benefit Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement, 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 and the entire normal miscellaneous member contribution, not to exceed 7%. 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. NBFA acknowledges that the City is making this payment pursuant to a 22 • • specific request of NBFA to do so, that the City has made significant financial commitments to NBFA 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 NBFA (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 NBFA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. 2. The City's contract with PERS shall also provides for: a. A 3% @ 55 retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code. b. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. c. The Level 4 1959 Survivors Benefits. The City will amend its PERS contract to provide the pre -retirement option settlement 2 death benefit (Section 21548) to be effective July 23, 2005. The City will further amend its PERS contract to provide for the 3% @ 50 retirement formula to be in effect no later than December 31, 2007. E. Retiree Health Benefits Program 1. Prior to December 24, 2005 An employee is eligible for retiree medical benefits under this program after seven years of service to the City of Newport Beach if the employee retires from the City and is a PERS annuitant. This program is inclusive of an employee's right to medical insurance coverage under the CaIPERS medical insurance plan and the mandatory minimum employer contribution to said plan on behalf of the annuitant. a. The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Firefighters Association. The City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any 23 • • remaining medical insurance premiums. For NBFA unit employees, the per month employee deduction for retiree medical insurance shall be $44.07 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBFA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBFA prior to any increases in employee deduction levels. b. In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in (a) above; each NBFA unit employee will contribute $10 per month and the City shall contribute $20 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBFA mutually agree to end the funding on behalf of NBFA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under E1(a). In the event the retiree medical insurance program described herein is discontinued, NBFA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBFA on the distribution of said funds back to active (not retired/full-time) City employees in the NBFA unit. The City will provide NBFA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the 'trust account described herein. 2. Effective December 24, 2005 a. Overview A new Defined Contribution Plan will be established to set aside funds for employee medical expenses during retirement. This plan 24 • • will replace the existing Defined Benefit Plan ("old plan"), which will be phased out. The plan will be a Medical Expense Reimbursement Plan ("MERP") funded through an Integral Part Trust (IPT). b. Structure Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after retirement. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. i. Part A contributions (mandatory employee): 1% of Salary. ii. Part B contributions (employer for employees fully converting to new plan): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 315t of the prior year). iii. Part C contributions (leave settlement as determined by Association): No later than November 30, 2005, the Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. The computation of the cash equivalent for leave hours to be included in the MERP will be the same as the computation used when leave is "cashed out" for other reasons. However, individual employees must not have the option of receiving compensation for the value of the same leave hours in the form of cash. 25 For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City would have the cash equivalent of 50% of whatever balance is in his or her leave account added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Again, individual employees would not have the option to deviate from this breakout. If the Association decides to participate in Part C contributions, at any level, its members will not have the right to voluntarily convert leave to cash for one full year prior to retirement, other than "spillover" of amounts above the maximum accumulation balance. However, taking leave for time off purposes would not be constrained. Sick leave balances may also be included in the MERP, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule which specifies the amount of sick leave that can be `bashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made monthly. Part C deposits, if any, will be made at the time of employment termination. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon retirement. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the MERP Employee Account. An employee who 26 • • leaves City employment within the first five years will not be entitled to any Part B contributions. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after retirement, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the MERP accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CalPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. c. Employee Participation i. New Employees Participation in the new plan is mandatory from the onset of employment. New employees will make no contributions to the old plan. ii. Conversion Threshold for Current Employees Safety: Members whose age plus years of service equal 45 or less at the time of implementation must convert to the new plan. Those with age plus years of service of 46 or more have the option of fully converting or remaining in the old plan with modified participation in the new plan. 27 • • Non -Safety: Members whose age plus years of service equal 49 or less at the time of implementation must convert to the new plan. Those with age plus years of service of 50 or more have the option of fully converting or remaining in the old plan with modified participation in the new plan. iii. Current Employees Fully Converting to New Plan In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one-time City contribution to their individual IPT accounts that equates to $100 per month for every month they contributed to the current plan, to a maximum of 15 years (180 months). This contribution will be made at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. Employees in this category will make no further contributions to the existing plan, and will no longer participate in it. The parties agree that this one time payment by the City satisfies the requirement in paragraph E1.b. of Section 4 (Fringe Benefits) of the previous MOUs regarding an accounting and potential distribution of contributions upon discontinuation of the previous version of the Retiree Medical Program. iv. Current Employees Continuing to Participate in Some Elements of Old Plan Employees in this category will contribute a flat $100 per month to the old plan for the duration of their employment. The maximum benefit provided by the old plan at retirement is $4800.00 per year, accruing at the current rate of $400.00 per month. City share of each retiree's cost may be used for anything authorized for the IPT program, rather than just for Insurance Premiums for one of the City plans. There is no cash out option for these funds. Employees remaining on the aid plan will also participate in the IPT program, with Part A contributions being mandatory; no Part B contributions; and Part C contributions if applicable. Employees in this category will also receive an additional one- time City contribution of $75 per month for every month they contributed to the old plan prior to the date of implementation of 28 the new program, up to a maximum of 15 years (180 months). This contribution will be made to the IPT account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. Retroactivity Limited retroactivity is provided for employees who retired from the City during the period covered by the contract in which this new program is implemented, but before the program is implemented. For those employees who retired under the old program during this period, the provision for increased flexibility in the use of the $4800.00 maximum (accruing at $400 per month) benefit will apply. In addition, a MERP account will be opened for each employee in this category, and a contribution of $75 per month for each month of prior contribution to the old plan will be deposited by the City. No other provisions of the new program are applicable to employees in this category, and no provisions of the program are applicable to any other existing retirees. e. Administration A vendor will be selected by the City to administer the MERP. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee will have the authority to determine investment options that will be available through the plan. f. Value of Benefit For all purposes, the MERP shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. Tuition Reimbursement Maximum tuition reimbursement for NBFA members shall be $1,000 per fiscal year. 29 1. College Courses NBFA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. 2. Non -College Courses NBFA members attending job -related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Job -related courses and seminars will be considered pre -authorized in the following areas: management and supervision, oral and written communications, conflict resolution, fire ground operations, rescue systems, legal issues, media relations, risk management, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Division Chief before submittal to Human Resources. G. Fitness Program All NBFA members shall participate in the Department Fitness Program as outlined in Department SOP. H. Physical Conditioning Equipment 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $10,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. Up to $7,500 may be carried over to a subsequent fiscal year(s). 30 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5. — Miscellaneous Provisions Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. "Layoffs" or "Laid off" shall mean the non —disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job 31 • • title authorized in the City budget and shall not include part— time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall 32 • • notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to lay—off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. 4. Re —Employment Permanent and probationary employees who are laid off shall be placed on a Department re—employment list in reverse order of layoff. Re-employment lists will be valid for two (2) years. The re— employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re—employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Permanent employees who are laid off shall, as of the date of lay— off, receive one -week severance pay for each year of continuous service with the City of Newport Beach. 33 • • B. Schedule The City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1(D)1. C. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. D. Fire Suppression Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three fire suppression personnel for each engine company, four fire suppression personnel for each truck company, and two firefighter/paramedics on each paramedic unit. PAU staffing shall conform to the provisions in Section 5(G). E. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly. scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. F. Pre -Hospital Emergency Medical Services (EMS) System 1. In a prior MOU, the City and Association have met and conferred on the City's Paramedic and Emergency Transportation System. The parties at that time agreed as follows: Two engine companies shall be converted to a Paramedic Assessment Unit (PAU's. The two current paramedic units shall be converted to Paramedic Ambulances (PAU's) and a City operated 24-hour Basic Life Support (BLS) ambulance shall be staffed by 34 • • two sworn Firefighter EMT-D's. The PA's shall normally transport patients requiring advanced life support (ALS) . The BLS ambulance shall normally transport patients requiring basic life support (BLS). Either the PA's or the BLS ambulance may transport ALS or BLS patients based upon operational need. EMS Staffing All such services shall be staffed using sworn personnel represented by the NBFA. It is understood that the City and the NBFA have agreed to staff one of the three Paramedic Units (PAU's) using existing personnel. Six firefighters assigned to the fourth (4th) position on Truck 62 and Truck 63 pursuant to Section 5.D of this MOU have been reclassified as Fire Paramedics and reassigned to a Paramedic Unit. Should the City reduce or eliminate the number of Paramedic Units serving the city, these six positions will be reclassified as Firefighters and reassigned to the fourth (4th) position on Truck 62 and Truck 63. Should the City make changes in this program that fall within the scope of representation, the City shall give appropriate notice to the Association and provide the opportunity for the Association to meet and confer on matters within scope. G. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Employees shall have input into the agreement to be developed. H. Fire Inspection Classifications Existing flexible staffing provisions in Fire Prevention Classifications shall remain in effect for the term of this agreement. Exposure Log The City maintains an exposure log system. Signatures are on the following page. 35 Executed this By: I/1dayof (oUikW Rich Thomas, NBFA L/Jeff Boyles, N Keith Winokur, N CITY OF NEWPORT BEACH By: ATTEST: ohr' Heffernan, Mayor nv0147,, Ala2e„, LaVonne Harkless, City Clerk APPRVED AS TO FORM: Robin Clauson, City Attorney . 2005: 36 • e• koO CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Letter of Understanding between the City of Newport Beach ("City") and the Newport Beach Firefighters Association IAFF Local 3734 ("NBFA") regarding an amendment to Section 2, sub- section 6 of the Memorandum of Understanding between the City and the NBFA, for the period of January 1, 2002 through December 31, 2004, pertaining to Overtime - Hours Worked. This Letter of Understanding (LOU) shall, by reference, become part of the Memorandum of Understanding between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("NBFA") for the period from January 1, 2002 through December 31, 2004. When there are no volunteers signed up on the daily overtime List, certain employees are ordered to work mandatory overtime to cover vacancies created by unscheduled leave usage, such as sick leave, bereavement leave, and/or industrial accident leave. This situation is exacerbated when long-term staffing vacancies exist at the same time. By allowing qualified employees to voluntarily work overtime in a classification lower than their current classification (downgrade,) certain employees would not be forced to work. It is agreed that the City and the NBFA wish to amend existing special pay provisions for employees who elect to work overtime in a class lower than their current class by adding the class of Fire Paramedic to the list of position in which qualified personnel my work downgrade. It is also agreed that Title 29 of the United States Code, Section 207 (g), allows an employer and employee to agree, in advance of the performance of the work, that the employee will be paid during overtime hours at a rate not less than one and one-half times the hourly, non -overtime rate established for the type of work he is performing during such overtime hours. No additional overtime compensation will be due under the Fair Labor Standards Act provided the general requirements set forth in Section 778.417 and 778.419 are met. Therefore the City and the NBFA agree to amend Section 2, sub -section 6, as follows: Letter of Understanding between the City and NBFA June 20, 2003 3300 Newport Boulevard, Newport Beach Page 1 of 2 • • • Section 2 - COMPENSATION Sub -section 6 Overtime - Hours Worked. (c) Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter, Fire Engineer, or Fire Paramedic. Rich Thomas, President Newport Beach Firefighters Association IAFF Local 3734 �1n Ly )( l oo3 Date Homer L. Bludau6City Manager City of Newport Beach Letter of Understanding between the City and NBFA June 20, 2003 Page 2 of 2 • Letter of Understanding •` between the City of Newport Beach (" City") and the Newport Beach Firefighters Association (" NBFA") regarding a temporary amendment to SECTION 2.- COMPENSATION of the Memorandum of Understanding between the City and the NBFA, for the period of June 1, 2002 through December 31, 2004, pertaining to a Special Step Increase for Fire Apparatus Driver/Operator Certification. This Letter of Understanding (LOU) shall, by reference, become part of the Memorandum of Understanding between the City of Newport Beach (" City") and the Newport Beach Firefighters Association (" NBFA") for the period from January 1, 2002 through December 31, 2004. The terms of this LOU will expire on December 31, 2004. As a result of the establishment of three new engineer positions to service a new fire station in Santa Ana Heights, and the establishment of three new engineer positions to service a new fire station in Newport Coast, and due to the recent and anticipated retirements of many members assigned to the position of Fire Engineer, the CITY is faced with a temporary shortage of members certified as Newport Beach Fire Apparatus Driver/Operators. In the interest of public safety, and to lessen the impact that projected staffing vacancies may have on our existing Fire Engineers, the CITY believes it is mutually in our best interests to encourage new employees to obtain certification as Newport Beach Fire Apparatus Driver/Operators as soon as possible. Therefore the City and the NBFA agree to add Section 2, sub -section 12, as follows: Section 2 — COMPENSATION 12. Fire Apparatus Driver Operator Certification —Special Step Increase. Any employee hired on or after September 1, 2000, who successfully completes the Newport Beach Fire Department Fire Apparatus Driver Operator Certification Program will receive a one-time, step increase of five percent (5%.) Said step increase will not change their anniversary date for the purposes of establishing normal merit advancement. The employee must meet the following conditions to be eligible for the step increase: a) The employee must have successfully completed their entry-level probationary firefighter program, and b) The employee must have satisfactorily completed one and one-half (1 14 years of service with the Newport Beach Fire Department prior to the termination of the term of this Letter of Understanding on December 31, 2004, and Letter of Understanding Between CNB & NBFA regarding Apparatus Operator Certification Step Increase 08/19/2002, Page 1 of 2 4 • Letter of Understanding • c) The employee must successfully complete the Certification Program prior to the completion of two (2) years of service with the Newport Beach Fire Department. Rich Thomas, President Newport Beach Firefighters Association j7- D.9 - Oz- Date Homer L. Bluau, City Manager City of Newport Beach Date 31Z6/o 7- Letter of Understanding Between CNB & NBFA regarding Apparatus Operator Certification Step Increase 08/19/2002, Page 2 of 2 • i f i MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Duration of Memorandum 1 Scope . 2 Bulletin Boards 2 Conclusiveness 3 Modifications 3 Savings 3 Impasse 3 Definitions 4 Maintenance of Membership 4 Section 2. Compensation Direct Wage Payments 4 Salary Adjustments 4 Flex Leave Premium Pay Account 6 Vacation Leave Premium Pay Account 7 Scholastic/Certificate Achievement Pay 7 Certificate Pay 8 Overtime — Hours Worked 8 Vacation Selection System 9 Special Assignment Pay 9 Temporary Upgrading of Employees Shift Holdover Emergency Recall Sick Leave Pay Out Section 3. Leaves Flex Leave 11 Holiday Time 14 Workers Compensation Leave 16 Varation/Sick Leave 16 Sick Leave Conversion 17 10 10 11 11 i • • Family Sick Leave 17 Bereavement Leave 17 Reassignment 17 Section 4. Frinae Benefits Health/Dental Insurance 18 Retirement Benefits 18 Benefits Information Committee 19 Retiree Health Insurance 19 Disability Insurance 21 Employee Assistance Program 21 Fitness Program 21 Physical Conditioning Equipment 21 Required Uniform 22 Court Standby Pay 22 Tuition Reimbursement 22 Section 5. Miscellaneous Provisions Schedule 23 Dues Check -off 23 Flex Leave/Vacation Leave Access 23 Fire Suppression Staffing Levels 23 Jury Duty 23 EMT Certification 23 Reduction in Force/Layoffs 24 Definitions 24 Procedures 25 Notice... 26 Re -Employment 26 Severance Pay 26 Discipline Plan 26 Association Leave 26 Y-Rating 27 Pre -Hospital Emergency Medical Services (EMS) System 28 EMS Staffing 28 Catastrophic Leave 28 No Smoking 29 Fire Inspection Classifications 29 Exposure Log 29 Reopener 29 • • C Zoo MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734) ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 2002 to December 31, 2004 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 2002-2004 MOU. 4. This MOU, upon approval by NBFA 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. 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's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 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 January 1, 2002. This MOU shall remain in full 1 • • force and effect until December 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 any 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 such as, or similar to, this MOU. C. Scope. 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Union no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. D. Bulletin Boards. 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E— Mail may be used for Association business on a limited basis and consistent with Department Policy. E. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. 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. G. SavinQs. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. H. Impasse. In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. 3 I. Definitions. For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or " NBFA member" shall mean all persons within I classifications represented by NBFA. i 1 1 2. The term "staff employee" shall mean any NBFA member who is assigned to work a 40-hour workweek. 3. The term "line employee" shall mean any NBFA member assigned to work an average 56-hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. 7. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate such Association dues by submitting a signed request to cancel payroll deduction to the Human Resources Director during the period of December 1 through December 31 each year. The Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application or implementation of the provisions of this section. SECTION 2. — COMPENSATION A. Direct Wage Payments. 1. Salary Adjustments. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter (benchmark position) and the other positions represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: 4 • • Percent of Firefighter Top Step Firefighter Series Firefighter N/A Engineer 112.50% Paramedic 122.25% Line Captain 132.00% Percent of Fire Inspector -Non -safety Top Step Fire Prevention Series Fire Inspector, Non -safety N/A Fire Prevention Specialist, Safety 115% Fire Prevention Specialist, Non -safety 115% Fire Prevention Specialist Plan Check, Safety 125% Fire Prevention Specialist Plan Check, Non -safety 125% Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of base pay over Line Captains. Firefighter Series (a) Effective December 29, 2001, the City shall increase base salary for the firefighter classification by eight (8%) percent (with increases for other classifications pursuant to the matrix above). This increase is inclusive of a five (5%) percent market adjustment. (b) Effective January 11, 2003, the City shall increase base salary for the firefighter classification by three (3%) percent (with increases for other classifications pursuant to the matrix above). (c) Effective June 28, 2003, the City shall increase base salary for the firefighter classification by two (2%) percent (with increases for other classifications pursuant to the matrix above). (d) Effective January 10, 2004, the City shall increase base salary for the firefighter classification by three (3%) percent (with increases for other classifications pursuant to the matrix above). (e) Effective June 26, 2004, the City shall increase base salary for the firefighter classification by two (2%) percent (with increases for other classifications pursuant to the matrix above). Fire Prevention Series (a) Effective December 29, 2001, the City shall increase base salary for the Fire Inspector, Non -Safety classification by eight (8%) percent (with increases for other classifications pursuant to the matrix above). This increase is inclusive of a five (5%) percent market adjustment. (b) Effective January 11, 2003, the City shall increase base salary for the Fire Inspector, Non -Safety classification by three (3%) percent (with increases for other classifications pursuant to the matrix above). (c) Effective June 28, 2003, the City shall increase base salary for the Fire Inspector, Non -Safety classification by two (2%) percent (with increases for other classifications pursuant to the matrix above). (d) Effective January 10, 2004, the City shall increase base salary for the Fire Inspector, Non -Safety classification by three (3%) percent (with increases for other classifications pursuant to the matrix above). (e) Effective June 26, 2004, the City shall increase base salary for the Fire Inspector, Non -Safety classification by two (2%) percent (with increases for other classifications pursuant to the matrix above). 2. Flex Leave Premium Pay Account. NBFA members shall have the right to receive pay, at the rate of 109% of their then current base salary, for any Flex Leave banked, up to a maximum of 78 times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 3. Vacation Leave Premium Pay Account. Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their then current base salary, for any accumulated Vacation Leave up to a maximum of 52 times their bi—weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 4. Scholastic/Certificate Achievement Pay. NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. Scholastic and/or Certificate achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA member shall receive scholastic and/or certificate achievement pay in accordance with the following: Years of College Monthly Service: Semester/Unit: Compensation: 2 or more 30 1.5% mo/top step base FF salary 3 or more 60 2.5% mo/top step base FF salary 3 90 3.5% mo/top step base FF salary 4 or more 90 3.5% mo/top step base FF salary 4 120 4.5% mo/top step base FF salary 4 B.A./B.S. 5.5% mo/top step base FF salary 5. Certificate Pay. Coursework: Monthly Compensation: Completion of coursework for Fire Officer I or Fire Prevention Officer II. 6. Overtime — Hours Worked . 1.5%/mo base (a) Overtime shall consist of authorized work in excess of the normal number of hours in any scheduled work shift or work in excess of the maximum number of hours permitted by the United States Department of Labor regulations for up to a 28 day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for overtime pay pursuant to the Fair Labor Standards Act and/or Department of Labor regulations. (b) Temporary vacancies in line positions shall be selected in accordance with Department S.O.P. (c) Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter or Fire Engineer. (d) Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours. 7. Vacation Selection System. The City has implemented a vacation selection system (VSS) which phased out mandatory scheduling for vacation relief in favor of leave coverage by paying overtime to other members occupying the same position. The City commits to maintain VSS subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing VSS. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. 8. Special Assignment Pay. The following additional payments shall be made to certain NBFA members based on assignment: (a) Certified members of the Hazardous Materials Response Team shall receive special assignment pay of five (5%) percent of base pay per month. (b) Should the City establish a Tactical Paramedic Assignment, it will give notice to and, upon request, meet and confer with the Association on those aspects of the program which fall within the scope of representation. (c) Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of 5% above base salary, plus overtime at the rate of time and one half, for employees who are assigned special projects outside of or above and beyond their normal job classification. The types and duration of these temporary assignments will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. 9. 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 job classifications. Employees temporarily upgraded to the following job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher job classification if they are assigned to work in the higher job classification for a period of four (4) working hours or longer: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Tiller Assignment All holiday, vacation, sick leave and paid leave shall be paid at the employee's regular rate of pay. Assignments to higher rated classifications shall be made at the sole discretion of the City. 10. Shift Holdover. NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). 10 11. Emergency Recall. If an employee who is not on stand-by or shift hold -over and is required to return to work or to continue on duty during his/her off -duty hours for actual firefighting, or similar emergency designated by the Department Director, the employee shall receive a minimum of three (3) hours compensation for the first hour worked and compensation for time worked thereafter. 12. Sick Leave Pay Out. Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 109% of their then current base hourly rate of pay (hourly rate before incentives, other pays, etc.) for a percentage of the employees accrued but unused Sick Leave computed as follows: YEARS OF SERVICE: PERCENT OF UNUSED SICK LEAVE PAID FOR: LESS THAN 10 NONE 10 BUT LESS THAN 15 25% 15 BUT LESS THAN 20 37.5% 20 OR MORE 50% Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied by .375). SECTION 3. - LEAVES A. Flex Leave. 1. Subject to the provisions of subsection (b), NBFA members shall accrue flex leave as follows: It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below: 11 Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Line Employees 1 but less than 5 8.77 0.00% 5 but less than 9 9.69 0.00% 9 but less than 12 10.62 0.00% 12 but less than 16 11.54 0.00% 16 but less than 20 11.54 1.5% 20 but less than 25 11.54 2.5% 25 and over 11.54 3.5% Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Staff and Non -Safety Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.26 6.92 7.59 8.24 8.24 8.24 8.24 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% NBFA personnel hired or rehired by the City of Newport Beach on or after 10/1/96 shall accrue flex leave at the following rates: Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 7.81 8.66 10.62 11.54 11.54 11.54 11.54 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% 12 Leave Accrual Longevity Pay Years of Cont. Svc Hours/Pay Period Increase Staff and Non -Safety Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 5.58 6.19 7.59 8.24 8.24 8.24 8.24 0.00% 0.00% 0.00% 0.00% 1.5% 2.5% 3.5% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (1) for purposes of computing retirement benefits and contributions. 2. The Flex leave program shall be administered as follows: (a) NBFA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to six (6) months of accrual for line employees for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. (b) NBFA members who are staff or non -safety employees shall accrue six (6) months of flex leave and line employees shall accrue six (6) months of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. (c) Members employed by the City prior to initiation of the flex leave program have had the current accrued vacation time converted to flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in the Employee Policy 13 • • Manual. Members entitled to use sick leave pursuant to Section the Employee Policy Manual and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. (d) Subject to the provisions of Section 2(A)(3), members shall be entitled to accrue flex leave up to a maximum of 78 times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. NBFA members may, at any time, elect to receive pay (at the member's normal hourly rate) for all accrued flex leave in excess of 72 hours for a line employees and 40 hours for staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment (78 times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. (e) All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. (f) (g) B. Holiday Time. Members shall be paid for all accrued flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 2.A.3. Members currently in the vacation/sick leave program shall be provided a one-time opportunity to convert to the flex -leave program during the month of July 2002. All changes shall be effective the first pay period in January 2002. ]. Line Employees. The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall 14 be added to the member's Flex Leave or Vacation Leave Account on a bi— weekly basis. Effective October 1, 1996, all Line employees were provided a one-time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 132 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi- weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation eamable as defined in Govemment Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. Note: Individuals hired after December, 1996 shall be given a one-time option, during the month of July 2002, to elect to receive up to one-half of accrued holiday time as time off. All changes shall be effective the first pay period in August. New employees shall have the same one-time option upon hire. Employees hired prior to December 1996 shall have a one-time option during the month of July 2002 to elect pay or time off for the Martin Luther King Birthday holiday. 2. Staff and Non -Safety Employees. Staff employees shall receive the following fully paid holidays: New Years Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the member's election. Staff employees shall have the one-time option of accruing holiday time as pay. Staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. Time will be charged against the employee's flex (or vacation) leave bank. Employees hired prior to December 1996 shall have a one-time option during the month of July 2002 to elect pay or time off for the Martin Luther King Birthday holiday. 15 C. Worker's Compensation Leave. Any Safety NBFA employee who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. D. Vacation/Sick Leave. 1. Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Employee Policy Manual of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve hours per month and staff employees shall accrue sick leave at the rate of eight hours per month. NBFA members on the vacation/sick leave system shall accrue as follows: Years of Cont. Service Line Employees Leave Accrual Hours/Pay Period Less than 5 5.54 5 but less than 9 6.47 9 but less than 13 7.39 13 but less than 17 8.31 17 but less than 21 9.23 21 but less than 25 10.16 25 and over 11.08 Years of Cont. Service Staff Employees Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period 3.70 4.31 4.93 5.54 6.16 6.77 7.39 Maximum vacation accrual shall be seventy-eight (78) times the member's bi- weekly accrual rate. 16 2. Sick Leave Conversion. Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty—six (86) times their normal bi—weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to covert up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. 3. Family Sick Leave. Unit employees shall be entitled to use one-half (1/2) of their annual sick leave accrual for an illness of a dependent which requires the presence of the employee. Leave shall be administered in accordance with the provisions of Section the Employee Policy Manual. The provisions of this Section shall not be construed to affect or reduce the right of any employee to any unpaid family medical leave authorized by State or Federal law. E. Bereavement Leave. Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff and Non -Safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to 90 hours of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. F. Reassignment. In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. 17 • • SECTION 4. — FRINGE BENEFITS A. Health and Dental Insurance. The City has implemented an IRS qualified Cafeteria Plan. NBFA members shall join this plan effective July 1, 2002. The City contribution toward the Cafeteria Plan shall be as set forth below. In addition, the City shall contribute a total of $16 towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurances/programs. The City and the Newport Beach Firefighters 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 during regular open enrollment periods. Effective January 2002, the City's contribution towards health insurance programs will be a maximum of $500. Effective July 2002, the City's contribution towards the Cafeteria Plan will be $484 (plus the $16 medical contribution). Effective January 2003, the City's contribution towards the Cafeteria Plan will be $534 (plus the $16 medical contribution). Effective January 2004, the City's contribution towards the Cafeteria Plan will be $559 (plus the $16 medical contribution). Effective upon the ratification of this agreement, NBFA members who do not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. B. Retirement Benefits. 1. Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement, the entire required normal "safety member" retirement contribution, but not to exceed 9% of the compensation eamable which PERS uses to calculate retirement contributions and benefits and the entire normal miscellaneous member contribution, not to exceed 7%. In addition, the amount of this payment shall be reported to PERS as special compensation, which is part of the employee's compensation eamable, pursuant to the provisions of Section 20636 (c)(4) of the California 18 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 Califomia Govemment Code. NBFA acknowledges that the City is making this payment pursuant to a specific request of NBFA to do so, that the City has made significant financial commitments to NBFA 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 NBFA (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 NBFA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. 2. The City's contract with PERS shall also provide for: (a) A 3% @ 55 retirement formula pursuant to the provisions of Section 21252.01 of the California Govemment Code and the 2% @ 55 retirement formula for Miscellaneous employees. (b) (c) The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. The Level 4 1959 Survivors Benefits. C. Benefits Information Committee. The City shall meet with a medical — dental information committee on a quarterly basis. The committee shall be comprised of one representative from each bargaining unit and up to three management representatives. Committee advisory function shall include determination of coverage, preparation and solicitation of bids, consultation with the City's broker, determination of plan coverage, and selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion of findings or decisions in the collective bargaining process. D. Retiree Health Insurance. An employee is eligible for retiree medical benefits under this program after seven years of service to the City of Newport Beach if the employee retires from the City and is a PERS annuitant. This program is inclusive of an employee's right to medical insurance coverage under the Ca1PERS medical insurance plan 19 and the mandatory minimum of $16 per month employer contribution to said plan on behalf of the annuitant. The City has implemented a $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Firefighters Employees Association. In accordance with existing agreements, the City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. The employee's current share of the retirement contribution in accordance with the formulas set forth above shall be $27.47 per month. Effective March 9th, 2002, the employee's current share of the retirement contribution shall be $34.06 per month. Subsequent contribution levels shall be set in January, annually, in accordance with the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide the NBFA with documentation supporting the need for said at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBFA prior to any increases in employee deduction levels. The parties agree that any increase will take effect as soon as possible after January 1. In order to accumulate funds to meet the potential unfounded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution described above, each NBFA unit employee will contribute $10 per month and the City shall contribute $20 per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBFA mutually agree to end the funding on behalf of NBFA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. The funds for the unfunded liability account shall be kept in an interest bearing account and may only be used to pay for unfounded retiree medical insurance premiums not covered by the funds collected as described above. In the event the retiree medical insurance program described herein is discontinued, NBFA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBFA on the distribution of said funds back to active (not retired/full-time) City employees in the NBFA unit. The City will provide NBFA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the trust account described herein. 20 E. Disability Insurance. The City shall provide disability insurance with the following provisions: Weekly Benefit 66 2/3% gross weekly wages Maximum Benefit (mo.) $8,000 Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Employees are responsible for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. There will be no increase in the cost of the disability insurance program for the term of this agreement. F. Employee Assistance Program. City shall provide an Employee Assistance Program through a properly licensed provider. NBFA members may access the Employee Assistance Program at no cost subject to provider guidelines. G. Fitness Program. All NBFA members shall participate in the Department Fitness Program as outlined in Department SOP. H. Physical Conditioning Equipment. 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $7,500.00 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. Up to $7,500 may be carried over to a subsequent fiscal year(s). 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. 21 I. Required Uniform. City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. The City will report the value of the required uniform at $750. The City will provide an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated, or aged. These reserve turnouts will be available by August 1, 2002. J. Court Standby Pay. NBFA members who, pursuant to Subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. K. Tuition Reimbursement. NBFA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job — related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. 22 • • SECTION 5. — MISCELLANEOUS PROVISIONS A. Schedule. The City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1(c)1. B. Dues Check -off. NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. C. Flex Leave/Vacation Leave Access. Flex Leave and Vacation Leave may be taken in 6-hour increments. D. Fire Suppression Staffing Levels. The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three fire suppression personnel for each engine company, four fire suppression personnel for each truck company, and two firefighter/paramedics on each paramedic unit. PAU staffing shall conform to the provisions in Section K. E. Jury Duty. NBFA members who are assigned to line positions and are called to jury duty shall be excused for each 24 hour shift during which the member is required to attend court and sit on a jury or await assignment. F. EMT Certification. All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, 23 attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. G. Reductions in Force/Layoffs. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions. (a) "Layoffs" or "Laid off" shall mean the non —disciplinary termination of employment. (b) "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (iii) For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. (c) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranlcing, lowest pay). (d) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for 24 less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (e) "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only those positions the employee has previously held with the Department. 2. Procedures. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (a) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (b) Employees within a Classification shall be laid off in inverse order of seniority; (c) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. (d) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off 25 3. Notice. Employees subject to lay—off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 4. Re —Employment. Permanent and probationary employees who are laid off shall be placed on a Department re—employment list in reverse order of layoff. Re- employment lists will be valid for two (2) years. The re—employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re—employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re—employment list or the right to remove his or her name from the re—employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay—off, receive one -week severance pay for each year of continuous service with the City of Newport Beach. H. Discipline Plan. Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. I. Association Leave. 1. NBFA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): (a) Attendance at meetings, conferences, seminars or workshops related to matters within the scope of representation; 26 (b) To prepare for, travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. 2. City grants NBFA 225 hours of Release Time per calendar year to engage in the activities described in subsection 1(a). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants NBFA members the right to engage in the activities described in subsection 1(b) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. hi no event shall any one designate be entitled to use more than 100 hours (150 hours for the Association President only) of Release Time (exclusive of actual time spent meeting with City representatives on matters relating to the scope of representation), within any calendar year. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), NBFA members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, the contributed time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' includes accrued flex leave, accrued vacation leave, and accrued holiday time. J. Y-Rating. Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. 27 If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. K. Pre -Hospital Emergency Medical Services (EMS) System. 1. In a prior MOU, the City and Association have met and conferred on the City's Paramedic and Emergency Transportation System. The parties at that time agreed as follows: Two engine companies shall be converted to a Paramedic Assessment Unit (PAU's. The two current paramedic units shall be converted to Paramedic Ambulances (PAU's) and a City operated 24-hour Basic Life Support (BLS) ambulance shall be staffed by two sworn Firefighter EMT-D's. The PA's shall normally transport patients requiring advanced life support (ALS) . The BLS ambulance shall normally transport patients requiring basic life support (BLS). Either the PA's or the BLS ambulance may transport ALS or BLS patients based upon operational need. 2. EMS Staffing. All such services shall be staffed using swom personnel represented by the NBFA. It is understood that the City and the NBFA have agreed to staff one of the three Paramedic Units (PAU's) using existing personnel. Six firefighters assigned to the fourth (4th) position on Truck 62 and Truck 63 pursuant to Section 5.D of this MOU have been reclassified as Fire Paramedics and_reassigned to a Paramedic Unit. Should the City reduce or eliminate the number of Paramedic Units serving the city, these six positions will be reclassified as Firefighters and reassigned to the fourth (41h) position on Truck 62 and Truck 63. Should the City make changes in this program that fall within the scope of representation, the City shall give appropriate notice to the Association and provide the opportunity for the Association to meet and confer on matters within scope. L. Catastrophic Leave. Unit members may participate in the City's Catastrophic Leave Program. 28 i. No Smoking, All employees hired after January 1, 1999 products at any time while on, or off, duty. an agreement consistent with this section. subject the employee to disciplinary action. agreement to be developed. N. Fire Inspection Classifications. shall not smoke or use any tobacco Employees shall be required to sign Violation of the agreement may Employees shall have input into the Existing flexible staffing provisions in Fire Prevention Classifications shall remain in effect for the term of this agreement. 0. Exposure Lox. The City and Association will commence, through a joint committee process, to develop in a City based exposure log system within 60 days of the ratification of this Memorandum of Understanding. A City exposure log program will be implemented within 120 days of the ratification of this Agreement. P. Reopener. 1. The City reserves the right to reopen negotiations if the Social Security coverage is mandated for public employees. 2. The City and NBFA agree to, upon the request of the City or Association, reopen negotiations during the term of this agreement, on sick leave usage/incentive issues. 3. Upon the request of either the City or NBFA, negotiations will be reopened on the DROP Program or changes to the Miscellaneous Retirement Program. Any agreed upon changes in retirement shall be on a cost neutral basis to the City. 4. Upon the request of either the City or NBFA, negotiations will be reopened on improved retirement benefits for non -safety employees. Any agreed upon changes in retirement shall be on a cost neutral basis to the City. Executed this, NBFA 29 CITY OF NEWPORT BEACH By: ATTEST: By: Tod Ridgeway Mayor LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney 3() • • EXHIBIT A Newport Beach Firefighters Association Represented Classifications Firefighter Engineer Paramedic Line Captain Staff Captain Firefighter Series Fire Prevention Series Fire Inspector, Non -safety Fire Prevention Specialist, Safety Fire Prevention Specialist, Non -safety Fire Prevention Specialist — Plan Check, Safety Fire Prevention Specialist — Plan Check, Non -safety • SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This supplemental Memorandum of Understanding amends the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association dated January 1, 1999 through December 31, 2001. Except as modified by this supplemental MOU, all the provisions of the Memorandum of Understanding between the City and the Newport Beach Firefighters Association remain unchanged. The City and the Newport Beach Firefighters Association agree as follows: A. RETIREMENT The City will immediately commence the process of amending its contract with the Public Employees' Retirement System to implement the 3% at 55 Retirement Programs. The program will be implemented September 1, 2000; or as soon thereafter a possible. The ongoing cost of this retirement change shall be bome by the City. B. RETIREE MEDICAL PROGRAM An employee is eligible for retiree medical benefits after seven years of service if the employee retires from the City and is a PERS annuitant. 1. Effective immediately, the City shall implement the $400 cap for retiree medical insurance contributions as currently provided for in the Memorandum of Understanding between the City and the Newport Beach Firefighters Employees Association. In accordance with existing agreements, the City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance cost to a maximum of $400. Retirees shall be responsible for the remaining 1/4. The employee's share of the retirement contribution in accordance with the formulas set forth above shall be $27.47 per month. Subsequent contribution levels shall be set in July, annually, in accordance with the formula described above. 2. In addition to the contributions in B 1 above, effective August, 2000, current employees shall contribute $10 per month and the City shall contribute $20 per employee per month to accumulate funds to meet unfunded retiree medical liabilities. This contribution shall continue until the liability is fully funded. 3. The City shall maintain separate, interest bearing accounts for current and reserve retiree medical funding. Statements of these accounts shall be available to all affected employee organizations. C. DIRECT DEPOSIT Effective immediately, all unit employees shall participate in the direct deposit program. D. SALARY ADJUSTMENTS 1. The salary adjustment due unit employees the first payroll period in January , 2001 shall be reduced by .13% to 2.87%. NBFA Supplemental Page 2 2. SMOU"Lookback". The final lookback required under the SMOU agreement between the City and NBFA in July, 2001, shall be eliminated. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach Firefighters Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning January 1, 1999 through December 31, 2001. FOR THE CITY OF NEWPORT BEACH FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION • • Final MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734) ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 1999 to December 31, 2001 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 1999-2001 MOU. 4. This MOU, upon approval by NBFA and the Newport Beach City Council, and the Supplemental Memorandum of Understanding dated June 23, 1997 represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. 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's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 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 January 1, 1999. This MOU shall remain in full force and effect until December 31, 2001, 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. 1 • • Final 2. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU. C. Scope. 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 7173 (copy attached as Exhibit "B"). D. Bulletin Boards. 1. Space shall be provided on bulletin boards within the Fire and Marine Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 2 • • Final F. 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. G. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. H. Impasse. In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 10 of Resolution No. 7173 or a successor resolution. I. Definitions. For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or " NBFA member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any NBFA member who is assigned to work a 40 hour workweek. 3. The term "line employee" shall mean any NBFA member assigned to work an average 56 hour workweek in 24 hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. —COMPENSATION A. Direct Wage Payments 1. SalaryAdjustments The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter 3 Final (benchmark position) and the other positions represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: Percent of Firefighter Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Fire Specialist III 125.00% Line Captain 132.00% Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of base pay over Line Captains. (a) Effective the first payroll period in January, 1999, the City shall increase base salary for the firefighter classification by two and one half (2 1/2%) percent (with increases for other classifications pursuant to the matrix above). (b) Effective the first payroll period in January, 2000 the City shall increase base salary for the firefighter classification by two and one half (2 1/2%) percent (with increases for other classifications pursuant to the matrix above). (c) Effective the first payroll period in January, 2001 the City shall increase base salary for the firefighter classification by three (3%) percent (with increases for other classifications pursuant to the matrix above). 2. Subsequent Adjustments Additional increases (if due) shall be made July of each year of this agreement pursuant to the supplemental Memorandum of Understanding between the City and NBFA dated June 23, 1997. 3. Flex Leave Premium Pay Account. NBFA members shall have the right to receive pay, at the rate of 109% of their then current base salary, for any Flex Leave banked, up to a maximum of 78 times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Flex Leave to the 4 Final full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 4. Vacation Leave Premium Pay Account. Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their then current base salary, for any accumulated Vacation Leave up to a maximum of 52 times their bi—weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 5. Scholastic Achievement Pay. NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. Scholastic achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA member shall receive scholastic achievement pay in accordance with the following: Years of College Monthly Service: Semester/Unit: Compensation: 2 or more 30 1.5% mo/base salary 3 or more 60 2.5% mo/base salary 3 90 3.5% mo/base salary 4 or more 90 3.5% mo/base salary 4 120 4.5% mo/base salary 4 B.A./B.S. 5.5% mo/base salary 4 M.A./M.S. 6.5% mo/base salary 5 Final 6. Overtime — Hours Worked. a. Overtime shall consist of authorized work in excess of the normal number of hours in any scheduled work shift or work in excess of the maximum number of hours permitted by the United States Department of Labor regulations for up to a 28 day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for overtime pay pursuant to the Fair Labor Standards Act and/or Department of Labor regulations. b. Temporary vacancies and line positions shall be selected in accordance with Department S.O.P. 5.A.501 (Revised 2/5/98). c. Qualified employees wishing to work voluntary overtime in a class lower than their current class (downgrade) may volunteer to do so and shall be compensated at one and one-half times the highest hourly rate for the position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Departments Standard Operating Procedures related to staffing and overtime. This provision applies only to persons wishing to downgrade to the position of Firefighter or Fire Engineer. d. Personnel assigned to staff assignments may request compensatory time off in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours. 7. Vacation Selection System. The City has implemented a vacation selection system (VSS) which phased out mandatory scheduling for vacation relief in favor of leave coverage by paying overtime to other members occupying the same position. The City commits to maintain VSS subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing VSS. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal 6 Final year, or 75% of the fund during the first nine months of the fiscal year. 8. Special Assignment Pay. The following additional payments shall be made to certain NBFA members based on assignment: (a) Certified members of the Hazardous Materials Response Team shall receive special assignment pay of $200.00 per month. Effective January, 1999, hazardous material pay shall be increased to five (5%) percent of base pay per month. 9. 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 job classifications. Employees temporarily upgraded to the following job classifications shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in the higher job classification if they are assigned to work in the higher job classification for a period of four (4) working hours or longer: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Tiller Assignment All holiday, vacation, sick leave and paid leave shall be paid at the employee's regular rate of pay. Assignments to higher rated classifications shall be made at the sole discretion of the City. 10. Shift Holdover. Not withstanding the provisions of Section 602.7.3.3 of Resolution No. 88-13 (Personnel Policy Resolution) NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). Final 11. Paid Time Off A. Sick LeaveP.y Out. Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 109% of their then current base hourly rate of pay (hourly rate before incentives, other pays, etc.) for a percentage of the employees accrued but unused Sick Leave computed as follows: YEARS OF SERVICE: PERCENT OF UNUSED SICK LEAVE PAID FOR: LESS THAN 10 NONE 10 BUT LESS THAN 15 25% 15 BUT LESS THAN 20 37.5% 20 OR MORE 50% Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave —1200 hours multiplied by .375). SECTION 3. LEAVES A. Flex Leave. 1. Subject to the provisions of subsection (b), NBFA members shall accrue flex leave as follows: It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below: Leave Accrual Longevity Pay Years of Con't. Svc Hours/Pay Period Increase Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 8 8.77 9.69 10.62 11.54 11.54 11.54 11.54 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% Leave Accrual Years of Cont. Svc Hours/Pay Period Staff Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.26 6.92 7.59 8.24 8.24 8.24 8.24 Final Longevity Pay increase 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% NBFA personnel hired or rehired by the City of Newport Beach on or after 10/1/96 shall accrue flex leave at the following rates: Leave Accrual Years of Con't. Svc Hours/Pay Period Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Years of Con't. Svc Staff Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.89 7.74 9.04 10.62 11.54 11.54 11.54 Accrual Hours/Pay Period 4.92 5.53 6.46 7.28 8.24 8.24 8.24 Longevity Pay Increase 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% Longevity Pay Increase 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (1) for purposes of computing retirement benefits and contributions. 2. The Flex leave program shall be administered as follows: (a) NBFA members shall not accrue flex leave until continuously 9 Final employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to 64 hours of paid leave time to staff employees and 89.5 hours of paid leave time for line employees for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. (b) NBFA members who are staff employees shall accrue 64 hours of flex leave and line employees shall accrue 89.5 hours of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. (c) Members employed by the City prior to initiation of the flex leave program have had the current accrued vacation time converted to flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in Section 703 et seq. of the Personnel Resolution. Members entitled to use sick leave pursuant to Section 703.1 of the Personnel Resolution and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. (d) Subject to the provisions of Section 2(A)(3), members shall be entitled to accrue flex leave up to a maximum of 78 times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. NBFA members may, at any time, elect to receive pay (at the member's normal hourly rate) for all accrued flex leave in excess of 72 hours for a line employees and 40 hours for staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment (78 times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. (e) All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. 10 Final (f) Members shall be paid for all accrued flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon termination of the employment relationship except as provided by Section 2.A.3. B. Holiday Time. 1. Line Employees. The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.077 hours per pay period. Holiday time shall be added to the member's Flex Leave or Vacation Leave Account on a bi—weekly basis. Effective October 1, 1996, all Line employees were provided a one-time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 132 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. Note: Newly hired employees shall have 100% of their holiday compensation provided in pay after December 1, 1996. 2. Staff Employees. Staff employees shall receive the following fully paid holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the members election. 3. Worker's Compensation Leave. Any NBFA member who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. 11 Final C. Vacation/Sick Leave. 1. Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Personnel Resolution of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve hours per month and staff employees shall accrue sick leave at the rate of eight hours per month. NBFA members on the vacation/sick leave system shall accrue as follows: Years of Con't. Service Line Employees Less than 5 5 but less than 9 9 but less than 13 13 but less than 17 17 but less than 21 21 but less than 25 25 and over Years of Con't. Service Staff Employees Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period 5.54 6.47 7.39 8.31 9.23 10.16 11.08 Leave Accrual Hours/Pay Period 3.70 4.31 4.93 5.54 6.16 6.77 7.39 Maximum vacation accrual shall be seventy-eight (78) times the members bi-weekly accrual rate. 2. $ictLeave Conversion. Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty—six (86) times their normal bi—weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to covert up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. 12 Final 3. Family Sick Leave. Staff employees shall be entitled to use forty (40) hours of accrued sick leave per calendar year and line employees shall be entitled to use forty—eight (48) hours of sick leave per calendar year for an illness of a dependent which requires the presence of the employee. Family Sick Leave shall be administered in accordance with the provisions of Sections 703.4.2.1 of the Personnel Resolution. The provisions of this Section shall not be construed to affect or reduce the right of any employee to any unpaid family medical leave authorized by State or Federal law. D. Bereavement Leave. Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to Seven and One —Half (7 1/2) shifts of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of Section 705 of Resolution No. 88-13. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. E. Reassignment. In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the members Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. SECTION 4. —FRINGE BENEFITS A. Insurance. 1. HealthandDental Insurance. The City shall make available to all NBFA represented members the PERS health insurance programs and a second health care plan. City shall pay the health, dental and vision premium for each NBFA employee, up to a maximum of four hundred ($400) dollars per month. Effective July 1, 1999, the City shall pay the health, dental and vision premium for each NBFA member, up to a maximum of $425 per month. Effective July 1, 2000, the City shall pay the health, dental and vision premium for each NBFA member, up to a maximum of $450 per month. 2. Commencing approximately April 15, 1999, the City, Association and 13 Final other employee groups shall jointly meet to explore the implementation of a qualified cafeteria plan. The intent of the parties is to have a plan available for implementation in January, 2000. B . Retirement Benefits. 1. Pursuant to Section 20691 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement, 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. 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. NBFA acknowledges that the City is making this payment pursuant to a specific request of NBFA to do so, that the City has made significant financial commitments to NBFA in this MOU in consideration of the members' agreement to relinquish their previously held "irrevocable right" to pay their qwn PERS contribution and receive a corresponding salary increase, and that the significant financial concessions to NBFA (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 NBFA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. 2. In the 1988-89 MOU between the City and NBFA, City agreed to provide NBFA members with retirement benefits based upon highest year compensation ("Highest Year Benefit"). Pursuant to that MOU, the City agreed to pay the total extra cost of the Highest Year Benefit during 1988-89 and thereafter phase the additional cost into the total compensation calculation at the rate of "an additional 20% per year" until fully absorbed in the total compensation calculation. The parties wish to resolve any disagreement over the meaning and method of implementation of those provisions of the 1988-89 MOU related to the Highest Year Benefit by converting the current value of the Highest Year Benefit to a guaranteed payment over and above each member's salary. This guaranteed payment shall be calculated by multiplying the member's salary by a percentage determined by dividing sixty percent (60%) of the cost of the Highest Year Benefit for the benchmark position (as of April 28, 1993) by total compensation for the benchmark position as of April 28, 1993. This guaranteed payment shall be effective June 1, 1993, shall continue in full force and effect until December 31, 1995, and shall not be included in the calculation of total compensation for any purpose, including, without limitation, the computation of total compensation for the purpose of calculating salary increases pursuant to subsection 2(A)(1)(b). City shall provide NBFA with proof of compliance with this subsection within thirty (30) days after its effective date and within thirty (30) days after each 14 Final subsequent salary increase. 3. The City's contract with PERS shall also provide for: a. A 2% @ 50 retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code. b. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. 4. The Level 4 1959 Survivors Benefits. 5. Should additional retirement plan options become available through PERS, the Association may reopen negotiations on the City's retirement program. Any agreed upon changes in retirement shall be on a cost neutral basis to the City. C. Medical Advisory Committee. The City shall meet with a medical — dental advisory committee during the months of July, November, January and May. The committee shall be comprised of one representative from each bargaining unit and up to three management representatives. Committee advisory function shall include determination of coverage, preparation and solicitation of bids, consultation with the City's broker, determination of plan coverage, and selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion of findings or decisions in the collective bargaining process. NBFA and the City have worked together in the selection of a new health care provider. This process involved participation in the medical advisory committee and the meet and confer process. D. Retiree Health Insurance. City shall provide a retiree health insurance plan through the City's group health plan carrier and PERS. NBFA agrees that twenty five percent (25%) of the cost of providing health insurance to retirees pursuant to the City's group health care plan will be borne by probationary and regular employees of the City of Newport Beach and that NBFA members shall pay their pro—rata share of the active employee contribution to retiree health insurance. The member's contribution shall be the same as other Newport Beach employees and is calculated by dividing 25% of the cost of providing retiree health insurance by the number of probationary and regular employees of the City of Newport Beach and dividing that number by 26 to determine the amount the bi—weekly payroll deduction. The contribution to retiree medical insurance shall be capped at a $400.00 per month contribution with the City contributing a maximum of $267.00 per month and active employees contributing a maximum of $133.00 per month. The City and Association agree to participate in a City-wide committee to review further issues involving retiree medical insurance. 15 Final E. Medical Opt -Out Employees with proof of alternative medical coverage may opt out of the City plan and receive, in lieu, $200.00 monthly cash payment. This opt out includes the City's medical, vision and dental plans. Employees are required to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. F. Disability Insurance Effective April, 1999, the City shall provide disability insurance with the following provisions: Weekly Benefit 66 2/3% gross weekly wages Maximum Benefit (mo.) $5,000 Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent. There will be no increase in the cost of the disability insurance program for the term of this agreement. G. Employee Assistance Program. City shall provide an Employee Assistance Program through a properly licensed provider. NBFA members may access the Employee Assistance Program at no cost subject to provider guidelines. H. Fitness Program All NBFA members shall participate in the Department Fitness Program as outlined in SOP VII P2001, Health and Fitness Evaluations. I. Physical Conditioning Equipment/Apparel. 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $5,000.00 per year for the maintenance, repair, improvement, or replacement of fitness equipment. 2. During the term of this MOU, City shall purchase $15,000.00 worth of additional physical fitness equipment for placement in fire stations. NBFA 16 Final shall advise City of the fitness equipment to be purchased. 3. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. J. Required Uniform. City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets .and liner, belts, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. K. Court Standby Pay. NBFA members who, pursuant to Subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. L. Tuition Reimbursement NBFA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year effective July 1, 1996. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Administrative Services Director. SECTION 5. —MISCELLANEOUS PROVISIONS A. Schedule. The City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1(c)1. 17 Final B. Dues Checkoff. NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. C. Flex Leave/Vacation Leave Access. Flex Leave and Vacation Leave may be taken in 6 hour increments. D. Fire Suppression Staffing Levels. The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three fire suppression personnel for each engine company, four fire suppression personnel for each truck company, and two firefighter/paramedics on each paramedic unit. PAU and BLS staffing shall conform to the provisions in Section L. E. Jury Duty. NBFA members who are assigned to line positions and are called to jury duty shall be excused for each 24 hour shift during which the member is required to attend court and sit on a jury or await assignment. F. EMT Certification. All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief in an attempt to schedule a makeup session, provided, however, members may view one videotaped class to make up for an absence from a regularly scheduled class. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. G. Reductions in Force/Layoffs. The provisions of this section shall apply when the City Manager detennines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 18 Final 1. Definitions. (a) "Layoffs" or "Laid off' shall mean the non —disciplinary termination of employment. (b) "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (iii) For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. (c) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). (d) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (e) "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only those positions the employee has previously held with the Department. 2. Procedures. In the event the City Manager determines to reduce the number of 19 Final employees within a Classification, the following procedures are applicable: (a) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (b) Employees within a Classification shall be laid off in inverse order of seniority; (c) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. (d) In the event two or more employees in the same Classification tare subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice. Employees subject to lay—off shall be given at least thirty(30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 4. Re —Employment. Permanent and probationary employees who are laid off shall be placed on a Department re—employment list in reverse order of layoff. The re—employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re—employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re—employment list or the right to remove his or her name from the re—employment list by sending written confirmation to the Personnel Director. 20 Final 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay—off, receive one week severance pay for each year of continuous service with the City of Newport Beach. H. Progressive Discipline Plan. Any discipline shall be in accordance with Department SOP 500.80 (copy attached). I. Association Leave 1. NBFA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): (a) attendance at meetings, conferences, seminars or workshops related to matters within the scope of representation; (b) to prepare for, travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. 2. City grants NBFA 100 hours of Release Time per calendar year to engage in the activities described in subsection 1(a). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants NBFA members the right to engage in the activities described in subsection 1(b) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. In no event shall any one designate be entitled to use more than 100 hours (150 hours for the Association President only) of Release Time (exclusive of actual time spent meeting with City representatives on matters relating to the scope of representation), within any calendar year. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. 5. In addition to City —provided Release Time and Release Time provided pursuant to subparagraph (3), NBFA members may contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Any NBFA member who contributes time to the Release Time Bank gives up any right to usage of, or payment for, 21 Final the contributed time. Contributions may be made only in six minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' includes accrued flex leave, accrued vacation leave, and accrued holiday time. J. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. K. Personnel Rules Within ninety (90) days of the execution of this Agreement, the City will provide draft revised personnel rules to the Association for review. L. Pre -Hospital Emergency Medical Services System The City and Association have met and conferred on proposed changes to the City's Paramedic and Emergency Transportation System. The parties have agreed as follows: Two engine companies shall be converted to a Paramedic Assessment Unit (PAU's). The two current paramedic units shall be converted to Paramedic Ambulances (PA's) and a City operated 24-hour Basic Life Support (BLS) ambulance shall be staffed by two sworn Firefighter EMT-D's. The PA's shall normally transport patients requiring advanced life support (ALS) . The BLS ambulance shall normally transport patients requiring basic life support (BLS). Either the PA's or the BLS ambulance may transport ALS or BLS patients based upon operational need. Staffing It is understood that the City and the NBFA have agreed to staff the BLS ambulance using existing personnel. Those firefighters assigned to the fourth (4th) position on Truck 62 and Truck 63 will be reassigned to the BLS ambulance. 22 Final Evaluation The City's intent is to operate the system as outlined above for approximately one year. During that year, an evaluation process shall be conducted, involving the Firefighters Association, to determine if the program is meeting specified criteria. The criteria would include: o Service Level - The City's goal would be to answer 85% of the advanced life support calls on a City-wide basis within 5 minutes. o Resource Allocation - This criteria would evaluate the revised configuration as it relates to the affect on patient care. o Financial Criteria - Determination as to whether or not revenues are adequate for program support. The City's goal would be to achieve net revenues of $150,000 (versus actual costs). The City shall involve the Firefighter 's Association with meaningful input in the evaluation process through a Department sponsored EMS committee. The Public Safety Committee and the City Council would shall also be involved in the evaluation process. The Association shall have an opportunity to directly present its position to the Committee and Council prior to any formal decision being reached. Assuming there are sufficient revenues to support the program, and service levels are not being met, it is the City's intent to expand the number of Paramedic Assessment Units (PAUs) to four. Should the City make changes in this program that fall within the scope of representation, the City shall give appropriate notice to the Association and provide the opportunity for the Association to meet and confer on matters within scope. Further, if the BLS Ambulance Program is not converted to an ALS Unit staffed by Firefighter/Paramedics by September 1, 1999, the Association shall have the right to reopen negotiations on compensation for Firefighters assigned to the BLS Ambulance. Confirmation from PERS Within sixty (60) days of the execution of this agreement, the City shall provide NBFA with written documentation from the California Public Employees Retirement System (PERS), stating that the Longevity pay (B)(1)(a) and Holiday Pay Conversion (B)(2)(a) sections of this MOU, comply with current PERS guidelines and regulations. In addition, the amount of the payments for these provisions 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) of the California Government Code, as amended effective July 1, 1994. This payment shall constitute compensation earnable under California Government Code Section 20636 in compliance with current PERS guidelines and regulations. 23 Final M. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program (See attached Appendix C). N. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Employees shall have input into the agreement to be developed. O. Reopener a. The City and NBFA agree to, upon request of the City, reopen negotiations during the term of this agreement on a City-wide reasonable suspicion drug testing policy. b. The City reserves the right to reopen negotiations if the Social Security coverage is mandated for public employees. c. The City and NBFA agree to, upon the request of the City or Association, reopen negotiations during the term of this agreement, on sick leave usage/incentive issues. 24 Denni •'Neill Mayor Executed this /q/hlday of B B By: - NBFA CITY OF NEW "` BEACH r By: ATTEST: LaVonne Harkless, City Clerk AP};; OVED AS TO FORM: obert H. Burnham, City Attorney 26 C - .l o ,o • • SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING RECITALS This Supplemental Memorandum of Understanding (SMOU) between the City of Newport Beach (City) a the Newport Beach Firefighters Association (NBFA) is dated the a3.nday of d , 1997 for purposes of identification and is based on the following: A. City and NBFA have entered into an agreement to amend provisions of the Current MOU (Amendment - copy attached). B. This SMOU and the Amendment collectively achieve the objectives of the Parties as indicated in the Amendment Recitals and implement the agreement of the Parties with respect to matters beyond the term of the Amendment. C. This SMOU is intended to establish general guidelines for meeting and conferring regarding matters within the scope of representation while providing for periodic and mandatory adjustments necessary to ensure that Modified Total Compensation for NBFA members, on specified dates during the term of this SMOU, corresponds to a level of Total Compensation paid to the Benchmark Position in Newport Beach that is at least equal to the average of the Modified Total Compensation paid to the five (5) Benchmark Positions with the highest Modified Total Compensation. NOW, THEREFORE, the Parties agree as follows: 1. Definitions For purposes of this SMOU, the terms Total Compensation, Benchmark Position, Matrix and League Survey shall be defined/ calculated as specified in the Amendment. 2. Term/Effective Date. The term of this SMOU shall commence on July 1, 1998 and expire on July 1, 2001. This SMOU shall be effective: (a) when signed by authorized representatives of the Parties; and (b) upon execution of the Amendment by authorized representatives of the Parties. 1 • ! 3. General Criteria for Negotiations. The Parties shall, commencing in October of 1998, and October in 1999 and 2000 if required due to the expiration of an MOU approved subsequent to the Amendment, meet and confer on all matters within the scope of representation with the intent to reach agreement on an MOU to be effective the first pay period the following January. In negotiating adjustments to compensation, the Parties shall, during the term of this SMOU, consider information regarding salaries and benefits paid by other municipal fire departments in Orange County, increases or decreases in the Consumer Price Index or similar indexes during the period since the last adjustment in compensation, internal relationships, increases in salary, compensation or benefits offered or provided to other City recognized employee associations, matters fundamental to prudent fiscal policy and fiscal decisions such as current and projected revenue, the level of reserves, unfunded contingent obligations and potential liability claims, and any other information either Party considers relevant to the issue. 4. Supplemental Adjustments. Effective the first pay period in July, 1998,1999, 2000, and 2001, the City shall, if necessary, adjust Modified Total Compensation (Total Compensation less employer retirement contributions but including employer "pickup" or payment of employee retirement contributions) paid to NBFA members to correspond to a level of Modified Total Compensation paid to the Benchmark Position in Newport Beach which is at least equal to the average Modified Total Compensation paid to the five (5) Benchmark Positions with the highest Modified Total Compensation. The comparison of Modified Total Compensation shall be based on the League Survey published in the preceding January, subject to verification of accuracy by the City and/or NBFA with the results of verification to be shared by the Parties. 2 'NBFA NBFA 5. Adjustment Procedures Once the appropriate adjustment in Modified Total Compensation of the Benchmark Position has been agreed to (subsequent to meet and confer) or calculated (in the case of adjustments in the first pay period in July that may be necessary to comply with Section 4), City shall adjust the Modified Total Compensation of all classifications represented by NBFA in accordance with the Matrix while maintaining the salary differentials specified in the Amendment. Debay, Mayor /104L nne Harkless, City Clerk Robert H. Burnham, City Attorney 7 30 DATE 7 }/57 DATE / Dennis Danner, DATE Administrative Services Director/Treasurer F:\cat\mou\nbffa\supp.doc 07-22-97 3 �.ao&o • • AMENDMENT TO MEMORANDUM OF UNDERSTANDING This Amendment to the current Memorandum of Understanding between the City of Newport Beach (City and the Newport Beach Firefighters Association (NBFA) is dated this 2 34 of 1997, for purposes of identification and is based on the following: RECITALS A. City and NBFA are parties to a Memorandum of Understanding that currently expires on December 31', 1997 (Current MOU); B. Subsequent to execution of the Current MOU, the City received notice from PERS that, effective July 1, 1997, the rate of employer retirement contributions would substantially increase with the amount of the increase contingent on the funding horizon chosen by the City (2000, 2011 or 2016); C. According to the Current MOU and long-standing pattem/practice, the compensation paid to NBFA members is negotiated and established on the basis of "Total Compensation" which consists of three factors: salary, employer and employee retirement contributions, and City employee health plan contributions; D. According to a long-standing pattern/practice and consistent with the concept of negotiating compensation of the basis of Total Compensation, the City has increased the salaries of NBFA members when PERS has decreased the employer retirement contribution rate and decreased salaries when PERS has increased the employer retirement contribution rate; E. NBFA members would experience substantial reductions in salary if, on July 1, 1997, the City followed the established past pattern/practice in response to increases in PERS employer contribution rates; F. City and NBFA intend, through this Amendment to: 1. Extend the term of the Current MOU for a period of one year; 2. Modify or eliminate certain provisions of the Current MOU and eliminate the past pattern/practice of reducing the salary of NBFA members in response to increases in the PERS employer contribution rate; 3. Eliminate provisions in the Current MOU, and the long-standing pattern/practice, which mandate consideration of certain criteria in negotiating increases in Total Compensation, subject to execution of a Supplemental MOU (SMOU - copy attached as Exhibit "C") which commits 1 the City to maintain a certain level of Modified Total Compensation during the term of the SMOU. NOW, THEREFORE, the Parties agree as follows: SECTION 1: AMENDMENTS TO CURRENT MOU 1. Paragraph "2" of the introductory paragraphs is amended to read as follows; "NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 1996 to December 31, 1998 and this tentative agreement has been embodied in this MOU." 2. Paragraph "3" of the introductory paragraphs is amended to read as follows: " The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 1996-98 MOU. 3. Section 1 B1 is amended to read as follows: "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 January 1, 1996. This MOU shall be effective as of January 1, 1996 and shall remain in full force and effect until December 31, 1998. The provisions of this MOU shall remain in effect subsequent to the date of expiration in the event the parties are meeting and conferring on a successor MOU as provided in the SMOU." 4. The provisions of Section 2A of the Current MOU are deleted in their entirety. This deletion confirms and implements the intent of the Parties that, except to the extent embodied in the SMOU, the "Compensation Policy" is of no force or effect as of the effective date of this Amendment. This deletion also confirms and implements the intent and understanding of the Parties to eliminate, except to the extent embodied in the SMOU, the long-standing pattern/practice which mandates the use of Total Compensation as the basis for, and the consideration of specific criteria in, negotiating salaries and benefits. 5. Section 2B1 is amended to read as follows: 2 A. Direct Wage Payments 1. Internal relationships. The Parties have agreed on salary differentials (Internal Relationships) among the various classifications represented by NBFA, as well as the relationship between each step in those classifications and the Benchmark Position. The term Benchmark Position shall mean the top step firefighter of any municipal fire department in Orange County without adjustment for any specific combination of experience, training or education. These internal relationships have been computed in terms of percentages which, when multiplied by the salary paid to the Benchmark Position in Newport Beach, represent the salary to be paid to the classifications represented by NBFA. The term Total Compensation shall mean a combination of salary, retirement benefits (including contributions required to be paid to PERS by an employer and the contributions required to be paid by an employee even if paid by the City) and health insurance contributions. For purposes of determining Total Compensation, the salary and retirement benefits shall be calculated using the amount paid to, or on behalf of, the Benchmark Position and health insurance contributions shall be calculated based on the maximum contribution made by the employer on behalf of an employee with two or more dependents who is enrolled in the health plan having the largest number of employee participants. The percentages for NBFA classifications are as follows: Classification Percentage Engineer 112.50% Paramedic 122.25% Fire Specialist 125.00% Line Captain 132.00% Staff Captain/Deputy Fire Marshal 139.50% The adjustments to Total Compensation required by Section 2A2 shall maintain these internal relationships. 3 6. Section 2B2 shall be amended to become 2A2 and to read as follows: 1. Total Compensation Adjustments/PERS Commitments City shall adjust the Total Compensation of NBFA Members and assume increases in the PERS employer retirement contribution rate as follows: (a) Effective the first pay period of October, 1996, the Total Compensation for the Benchmark Position in Newport Beach shall be increased by fifty percent (50%) of the difference, as of July 1, 1996, between the Total Compensation of the Benchmark Position in Newport Beach and the average Total Compensation of the five (5) Benchmark Positions with the highest Total Compensation. The ranking and average Total Compensation of the five (5) Benchmark Positions with the highest Total Compensation of the Benchmark Position as of July 1, 1996 shall be calculated on the basis the information in the survey conducted by the Orange County Division of the League of California Cities (League Survey) as verified and/or augmented by telephonic or written communication by the City and/or NBFA, the results of which shall be made available to the other Party. The Total Compensation of all other classifications represented by NBFA shall be adjusted as of the same pay period in accordance with the procedures specified in Subsection 2 A 1. (b) Effective the first pay period in March, 1997, the Total Compensation paid to the Benchmark Position in Newport Beach shall be adjusted to equal the average Total Compensation paid to the five (5) Benchmark Positions with the highest Total Compensation as determined by the League Survey for January 1997. The Total Compensation for all other classifications represented by NBFA shall be adjusted as of the same pay period and in accordance with the procedures specified in Subsection 2 A 1. (c) Effective the first pay period in January, 1998, the City shall increase salaries for all classifications represented by NBFA by two percent (2%). NBFA shall be entitled to reopen negotiations solely on the issue of appropriate salary adjustments as of the first pay period in January, 1998, in the event the Consumer Price Index (Los Angeles/Long 4 Beach, all urban consumers) for the twelve month period ending October 1, 1997, exceeds five percent (5%). (d} Effective October 1, 1996, the City shall assume the payment of the full employer retirement contribution increase for safety employees (1.76%) without any corresponding reduction in the salary or Total Compensation of any NBFA member. (e) Effective July 1, 1997, the City shall assume the payment of the full employer retirement contribution increase for safety employees (approximately 3.2%) without any corresponding reduction in the salary or Total Compensation of any NBFA member SECTION 2: CONTINGENCY The SMOU constitutes partial consideration for NBFA's agreement to eliminate provisions of the Current MOU (Section 2A) and a long-standing pattern/practice which mandate consideration of certain criteria in negotiating adjustments to Total Compensation. The SMOU ensures that the Modified Total Compensation paid to NBFA members will remain at least equal to the average Modified Total Compensation of the five (5) Benchmark Positions (excluding the Benchmark Position in Newport Beach) with the highest Modified Total Compensation. Accordingly, this Amendment shall not be effective until the SMOU is fully executed by authorized representatives of the Parties. NBFA • NBFA Debay, Mayor DATE 7 IS 0 / L.17 DATE if/ 7 7 DATE e% A 7 LaVonne Harkless, City Clerk DATE 5 Rober/H. Burnham, City Attorney Dennis Danner, Administrative Services Director/Treasurer F:\cat\mou\nbffa\amend.doc 07-22-97 DATE 6 • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 1996 to December 31, 1997 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 1996-97 MOU. 4. This MOU, upon approval by NBFA 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. 5. NBFA and the City, subsequent to the effective date of the 1993-95 agreement between the City and Association , met and conferred regarding provisions of the original agreement which gave NBFA members an "irrevocable right" to pay their own PERS contribution and receive a corresponding 9% increase in salary. NBFA members have agreed to relinquish this "irrevocable right" and reduce the potential increase in overtime compensation the City would have been required to pay if the "regular pay" of NBFA members had been increased by 9% if and when the "irrevocable right" was exercised. The relinquishment of the "irrevocable right" in consideration of the City's agreement to make certain internal adjustments, establish premium pay accounts for Vacation Leave, Sick Leave and Flex Leave and the inclusion of Sick Leave and Holiday Pay in the calculation of hours worked for purposes of calculating FLSA overtime will save the City approximately $300,000 in overtime pay. The City appreciates a continued cooperation of NBFA and its members. ,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's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 1 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 January 1, 1996. This MOU shall remain in full force and effect until December 31, 1997, 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 any 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 such as, or similar to, this MOU. C. Scope. 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 7173 (copy attached as Exhibit "B"). D. Bulletin Boards. Space shall be provided on bulletin boards within the Fire and Marine Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. 2 E. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. 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. G. 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 provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. H . Impasse. In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 10 of Resolution No. 7173 or a successor resolution. Definitions. For the purposes of this MOU these teens shall have the following meanings: 1. The term "member" or "NBFA member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any NBFA member who is assigned to work a 40 hour workweek. 3 . The term "line employee" shall mean any NBFA member assigned to work an average 56 hour workweek in 24 hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. 3 • SECTION 2. — COMPENSATION A. Compensation Policy. 1. Intent The intent of this Policy is to maintain salaries and other components of the City's total compensation package at levels which will attract and retain highly qualified personnel as members of the Newport Beach Fire and Marine Department. The City Council shall, in applying this compensation policy, take into consideration the following factors: (a) The City's then current economic position; (b) The City's standing in the defined labor market (Municipal Fire Department in Orange County); (c) Changes in the cost of living as measured by increases or decreases in the Consumer Price Index; and, (d) Internal relationships. The City shall use this compensation policy, tempered by sound fiscal policy, to maintain a highly competitive standing within the defined labor market with the understanding that the City's ability to make economic adjustments may be limited by budgetary considerations, constraints imposed upon the City by limitations in municipal revenues, or extraordinary expenditures. Taking all of these factors into consideration, it will be the City's intent to compensate employees represented by NBFA based upon the average of the five (5) highest paid benchmark positions in Municipal Fire Departments in Orange County. 2. Procedure. The City shall annually evaluate the compensation of NBFA members and, through the meet and confer process mandated by the Meyers Milias Brown Act, will make appropriate modifications to total compensation. The procedure for evaluating the average of the five (5) highest paid benchmark positions in Municipal Fire Departments in Orange County shall begin with a compensation survey prepared in July of each year by the Orange County Division of the League of Cities, subject to verification of this survey for accuracy. The City shall use this survey to determine the total compensation paid by other Municipal Fire Departments to the benchmark position. The benchmark position shall be the top step firefighter without adjustment for any specific combination of experience, training, or education. Total compensation shall consist of three factors: (1) salary, (2) retirement benefits (employer —paid retirement contributions including payment of employee's share), and (3) health insurance contributions. Salary and retirement benefits shall be calculated using the amount paid to, or on behalf of, the benchmark position. Health insurance contributions shall be calculated based upon the maximum contribution made by the employer on behalf of an employee with two or more dependents who is enrolled in the 4 • • health plan having the largest number of employee participants. The total compensation paid to the five (5) highest paid benchmark positions shall be added, and the total divided by five without regard to weighting or the number of officers or employees of the Municipal Fire Departments with the five (5) highest paid benchmark positions. This average shall be used to establish the compensation goal. Salaries for all NBFA represented classifications shall be adjusted (through the use of the matrix (Exhibit A) multipliers or the percentage increase — as appropriate) to reflect the salary increase for the benchmark position that results from the increase in total compensation in the same manner employed in Section 2(A)(1)(b). 3. Term of Compensation Policy. This compensation policy shall survive the term of this MOU and shall remain in full force and effect unless and until modified by the parties in writing. 4. Revocation of Compensation Policy (J-1). NBFA agrees that this compensation policy takes the place of the former Council Policy J-1; which has been revoked. B. Direct Wage Payments 1. Salary Adjustments The salary schedule for the classifications represented by the Association shall be as set forth below. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter (benchmark position) and the other positions represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: Percent of Firefighter Top Step Firefighter N/A Engineer 112.50% Paramedic 122.25% Fire Specialist III 125.00% Line Captain 132.00% Staff Captains and Deputy Fire Marshal receive 7.5% over Line Captains. (i) Effective October 1, 1996, the City shall pay the increase in the employer retirement rate which was effective in July 1996. (ii) Effective the first pay period of October 1996; the total 5 • • compensation for the benchmark position shall be increased by fifty percent (50%) of the difference between then current total compensation due to the benchmark position based on the compensation formula and the average total compensation of the five (5) highest paid benchmark positions of fire fighter agencies in Orange County with the ranking and average total compensation of the five (5) highest paid benchmark positions to be calculated on the basis of total compensation paid by each fire fighting agency on July 1995. Total compensation for all other classifications represented by NBFA shall be adjusted in accordance with the matrix. The remaining 3446 adjustment necessary to reach the average of the top five agencies based upon January 1997 comparison figures shall be provided the first pay period in March 1997. 2. Subsequent Adjustments. Any adjustments in total compensation to be effective on or after January 1, 1998 shall be determined in accordance with the compensation policy specified in Section 2 or the then current MOU. 3. Salary Steps Effective October 1, 1996, two additional steps (designated A and B with existing salary steps redesignated C through H) shall be added to the compensation schedule for each classification represented by NBFA. The first salary step (A) shall specify a salary for the classification that is ten percent (10%) lower than the current first step in the salary range. The second additional step (B) shall specify a salary that is five percent (5%) lower than the current salary for the first step in the salary range. Existing rules relative to the time of step increases and advancement shall be applicable to the two new additional steps. 4. Flex Leave Premium Pay Account. NBFA members shall have the right to receive pay, at the rate of 109% of their then current base salary, for any Flex Leave banked, up to a maximum of 78 times their bi—weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 5. Vacation Leave Premium Pay Account. Members who are on the traditional Vacation/Sick Leave program as of June 6 30, 1994 shall be entitled to receive pay, at the rate of 109% of their then current base salary, for any accumulated Vacation Leave up to a maximum of 52 times their bi—weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 6. Scholastic Achievement Pay. NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. Scholastic achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA member shall receive scholastic achievement pay in accordance with the following: Years of College Monthly ,Service: Semester/Unit: Compensation: 2 or more 30 $70.00 3 or more 60 $100.00 3 90 $135.00 4 or more 90 $135.00 4 120 $175.00 4 B.A./B.S. $225.00 7. Overtime — Hours Worked . Overtime shall consist of authorized work in excess of the normal number of hours in any scheduled work shift or work in excess of the maximum number of hours permitted by the United States Department of Labor regulations for up to a 28 day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for overtime pay pursuant to the Fair Labor Standards Act and/or Department of Labor regulations. • • 8. Special Assignment Pay. The following additional payments shall be made to certain NBFA members based on assignment: (a) Certified members of the Hazardous Materials Response Team shall receive special assignment pay of $200.00 per month. (b) The line members of NBFA who are assigned to work a full 24 hour shift as tillerman shall have their normal hourly rate increased by 5 percent while so assigned. 9. Shift Holdover. Not withstanding the provisions of Section 602.7.3.3 of Resolution No. 88-13 (Personnel Policy Resolution) NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). SECTION 3 - LEAVES A. Paid Time Off Vacation Selection System. The City has implemented a vacation selection system (VSS) which phased out mandatory scheduling for vacation relief in favor of leave coverage by paying overtime to other members occupying the same position. The City commits to maintain VSS subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing VSS. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. 8 2. Sick Leave. Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 109% of their final base salary for a percentage of the employees accrued but unused Sick Leave computed as follows: YEARS OF SERVICE: PERCENT OF UNUSED SICK LEAVE PAID FOR: LESS THAN 10 NONE 10 BUT LESS THAN 15 25% 15 BUT LESS THAN 20 37.5% 20 OR MORE 50% Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied by .375). B. Compensable Time Off. 1. Flex Leave. (a) Subject to the provisions of subsection (b), NBFA members shall accrue flex leave as follows: Years Leave Accrual Leave Accrual of Cont. Svc.: Hours/Pay Period: Hours/Pay Period Line Employees Staff Employees Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but Tess than 20 20 but less than 25 25 and over 8.77 9.69 10.62 11.54 12.46 13.39 14.31 6.26 6.92 7.59 8.24 8.89 9.56 10.22 Effective 10/1/96 current NBFA personnel shall accrue flex leave at the following rates. It is mutually understood that accrual rates have been modified to provide for the longevity increase set forth below: Leave Accrual Years of Con't. Svc Hours/Pay Period Line Employees 1 but less than 5 9 Longevity Increase 8.77 0.00% • 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Years of Cont. Svc Staff Employees 1 but less than 5 5 but less than 9 9 but Less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 9.69 10.62 11.54 11.54 11.54 11.54 Accrual Hours/Pay Period 6.26 6.92 7.59 8.24 8.24 8.24 8.24 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% Longevity Increase 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% NBFA personnel hired or rehired by the City of Newport Beach on or after 10/1/96 shall accrue flex leave at the following rates: Leave Accrual Years of Con't. Svc Hours/Pay Period Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Years of Con't. Svc Staff Employees 1 but less than 5 5 but less than 9 9butlessthan 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.89 7.74 9.04 10.62 11.54 11.54 11.54 Accrual Hours/Pay Period 4.92 5.53 6.46 7.28 8.24 8.24 8.24 Longevity Increase 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% Longevity Increase 0.00% 0.00% 0.00% 0.00% 1.00% 1.75% 2.50% Longevity increases specified above shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (1) for purposes of computing retirement 10 (b) benefits and contributions. The Flex leave program shall be administered as follows: (i) NBFA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to 64 hours of paid leave time to staff employees and 89.5 hours of paid leave time for line employees for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. (ii) NBFA members who are staff employees shall accrue 64 hours of flex leave and line employees shall accrue 89.5 hours of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. (iii) Members employed by the City prior to initiation of the flex leave program have had the current accrued vacation time converted to flex leave on an hour for hour basis with the current sick leave placed in a bank to be used as provided in Section 703 et seq. of the Personnel Resolution. Members entitled to use sick leave pursuant to Section 703.1 of the Personnel Resolution and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. (iv) Subject to the provisions of Section 2(A)(3), members shall be entitled to accrue flex leave up to a maximum of 78 times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. NBFA members may, at any time, elect to receive pay (at the members normal hourly rate) for all accrued flex leave in excess of 72 hours for a line employees and 40 hours far staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment (78 times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. 11 (v) All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. (vi) Members shall be paid for all accrued flex leave at their then current hourly rate of pay upon termination of the employment relationship. (vii) Upon ratification of the MOU, the City will provide a 30 day opportunity for employees to move between the old vacation, sick leave program and the flex leave program. Longevity pay is PERSab1e and will not count in the total compensation formula used to adjust salaries and benefits. 2. Holiday Time. (a) Line Employees. The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.077 hours per pay period. Holiday time shall be added to the member's Flex Leave or Vacation Leave Account on a bi—weekly basis. Effective October 1, 1996, all Line employees shall be provided a one-time opportunity to elect to convert all or any portion of their annual holiday benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 132 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. This holiday compensation shall be reported to PERS as special compensation and shall be regarded as compensation earnable as defined in Government Code Sec. 20636 (c) (6) for purposes of computing retirement benefits and contributions. If the bargaining unit does not achieve the 50% conversion of holiday leave pay, pursuant to this section, the City reserves the right to reopen negotiations on the issue of leave accruals only. Note: Newly hired employees shall have 100% of their holiday compensation provided in pay after December 1, 1996. (b) Staff Employees. Staff employees shall receive the following fully paid holidays: New Years Day, Presidents Day, Memorial Day, Independence 12 • Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, and one—half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the members election. 3. Worker's Compensation Leave. Any NBFA member who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. 4. Vacation/Sick Leave. Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Personnel Resolution of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve hours per month and staff employees shall accrue sick leave at the rate of eight hours per month. NBFA members on the vacation/sick leave system shall accrue as follows: Years of Con't. Service Line Employees Less than 5 5 but less than 9 9 but less than 13 13 but less than 17 17 but less than 21 21 but less than 25 25 and over Years of Con't. Service Staff Employees Less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period 5.54 6.47 7.39 8.31 9.23 10.16 11.08 Leave Accrual Hours/Pay Period 3.70 4.31 4.93 5.54 6.16 6.77 7.39 Maximum vacation accrual shall be seventy-eight (78) times the members bi-weekly accrual rate. 13 5. Sick Leave Conversion. Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty—six (86) times their normal bi—weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to covert up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. 6. Family Sick Leave. Staff employees shall be entitled to use forty (40) hours of accrued sick leave per calendar year and line employees shall be entitled to use forty—eight (48) hours of sick leave per calendar year for an illness of a dependent which requires the presence of the employee. Family Sick Leave shall be administered in accordance with the provisions of Sections 703.4.2.1 of the Personnel Resolution. The provisions of this Section shall not be construed to affect or reduce the right of any employee to any unpaid family medical leave authorized by State or Federal law. 7. Bereavement Leave. Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to Seven and One —Half (7 1/2) shifts of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of Section 705 of Resolution No. 88-13. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. 8. Reassignment. In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. 14 SECTION 4. — FRINGE BENEFITS A. Insurance. 1. Health Insurance. City shall provide a health care plan available to all NBFA members, their spouses, and dependents. The health plan shall be underwritten by a reputable health care provider and PERS. The City shall also provide dental coverage with a maximum annual benefit of $1,000.00 and limited vision care benefits. The dental coverage may be offered by a provider other than the one which sponsors the health care plan. City shall pay the health and dental premium for each NBFA member, spouse and dependents up to a maximum of $400 per month. City and NBFA shall meet and confer during the term of this MOU with respect to the health care plan provider, adjustments to the maximum City contribution per member, and other issues relevant to health care coverage. B. Retirement Benefits. 1. Pursuant to Section 20691 of the California Govemment Code, the City shall pay to PERS, on behalf of all employees covered by this agreement, the entire required normal "safety member" retirement contribution, but not to exceed 9% of the compensation eamable which PERS uses to calculate retirement contributions and benefits. In addition, the amount of' this payment shall be reported to PERS as special compensation, which is part of the employee's compensation eamable, 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. NBFA acknowledges that the City is making this payment pursuant to a specific request of NBFA to do so, that the City has made significant financial commitments to NBFA 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 NBFA (which included Leave Premium Pay Accounts, changes in the calculation of "hours worked" for purposes of overtime and intemal salary adjustments) were made to avoid the potential for increased overtime compensation approximating $450,000 if all NBFA members exercise their irrevocable right to make their own PERS contribution and receive a corresponding salary increase. 2. In the 1988-89 MOU between the City and NBFA, City agreed to provide NBFA members with retirement benefits based upon highest year compensation ("Highest Year Benefit"). Pursuant to that MOU, the City agreed to pay the total extra cost of the Highest Year Benefit during 1988-89 and thereafter phase the additional cost into the total compensation calculation at the rate of "an additional 20% per year" until fully absorbed in the total compensation calculation. The parties wish to resolve any disagreement over the meaning and method of implementation of those provisions of the 1988-89 MOU related to the Highest Year Benefit by 15 converting the current value of the Highest Year Benefit to a guaranteed payment over and above each member's salary. This guaranteed payment shall be calculated by multiplying the member's salary by a percentage determined by dividing sixty percent (60%) of the cost of the Highest Year Benefit for the benchmark position (as of April 28, 1993) by total compensation for the benchmark position as of April 28, 1993. This guaranteed payment shall be effective June 1, 1993, shall continue in full force and effect until December 31, 1995, and shall not be included in the calculation of total compensation for any purpose, including, without limitation, the computation of total compensation for the purpose of calculating salary increases pursuant to subsection 2(A)(1)(b). City shall provide NBFA with proof of compliance with this subsection within thirty (30) days after its effective date and within thirty (30) days after each subsequent salary increase. 3. The City's contract with PERS shall also provide for: a. A 2% @ 50 retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code. b. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. 4. The Level 4 1959 Survivors Benefits. C. Medical Advisory Committee. The City shall meet with a medical — dental advisory committee during the months of July, November, January and May. The committee shall be comprised of one representative from each bargaining unit and up to three management representatives. Committee advisory function shall include determination of coverage, preparation and solicitation of bids, consultation with the City's broker, determination of plan coverage, and selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion of findings or decisions in the collective bargaining process. NBFA and the City have worked together in the selection of a new health care provider. This process involved participation in the medical advisory committee and the meet and confer process. D. Retiree Health Insurance. City shall provide a retiree health insurance plan through the City's group health plan carrier and PERS. NBFA agrees that twenty five percent (25%) of the cost of providing health insurance to retirees pursuant to the City's group health care plan will be borne by probationary and regular employees of the City of Newport Beach and that NBFA members shall pay their pro—rata share of the active employee contribution to retiree health insurance. The member's contribution shall be the same as other Newport Beach employees and is calculated by dividing 25% of the cost of providing retiree health insurance by the number of probationary and regular employees of the City of Newport Beach and dividing that number by 26 to determine the amount the bi—weekly payroll deduction. 16 The contribution to retiree medical insurance shall be capped at a $400.00 per month contribution with the City contributing a maximum of $267.00 per month and active employees contributing a maximum of $133.00 per month. The City and Association agree to participate in a City-wide committee to review further issues involving retiree medical insurance. E. Medical Opt -Out Upon ratification of this agreement, the City would implement a system whereby employees with proof of alternative medical coverage could opt out of the City plan and receive, in lieu, $200.00 monthly cash payment. This opt out includes the City's medical, vision and dental plans. F. Short Term Disability/Long Term Disability. The following provisions shall control a members' payment for, and access to, eligibility for short term and long term disability plans or programs. 1. Payment. Line employees shall pay the full cost of any short term and long term disability plan or program until he or she has accrued 120 hours of flex leave/sick leave, 50 percent of the cost after accruing between 120 hours and 240 hours, and City shall pay the full cost upon accrual of more than 240 hours of flex leave/ sick leave. Staff employees shall pay the full cost of any disability plan or program until they have accrued at least 80 hours of flex leave/ sick leave, 50 percent of the cost when they have accrued more than 80 hours, but less than 160 hours, and City shall pay full cost upon accrual of' 160 hours or more of flex leave/ sick leave. Whenever any line employee has accrued at least 240 hours of flex leave/sick leave, and when any staff employee has accrued at least 160 hours of flex leave/ sick leave for a period of 24 months or more, City shall pay the full cost of that member's disability plan or program so long as the member is employed with the Newport Beach Fire and Marine Department, 2. A member shall not be entitled to receive short term or long term disability benefits unless: (a) The member is enrolled in the appropriate disability program; (b) The employee has exhausted all accrued sick leave; (c) The member must use at least 5 days, or 1/3, of accrued sick leave, whichever is greater. Any staff employee who has used at least 160 hours of sick leave, or any line employee who has used at least 240 hours of sick leave for the injury or illness which results in disability shall not be required to use flex leave as a precondition to accessing the short term/long term disability program. (d) The member has completed a 5 day waiting period, which may be satisfied by use of accrued flex leave, sick leave or authorized unpaid absence from work. 3. Disability benefits shall be calculated on the basis of a percentage of a 17 # member's salary. Disability benefits shall not be paid for any portion of a member's salary which it exceeds $7,500.00 per month for non —industrial claims. The maximum benefit for non —industrial claims shall be $5,000 per month. In the case of an industrial disability, benefits provided pursuant to this subsection shall not be paid on any portion of a member's salary in excess of $2,625.00 per month and the maximum benefit for industrial disability claims shall be $1,750.00 per month. The limitations on industrial disability claims are imposed in light of entitlement to supplemental industrial disability income pursuant to Section 803.4 of Resolution 88-13 and the provisions of Section 4850 et seq. of the Labor Code of the State of California. G. Employee Assistance Program.. City shall provide an Employee Assistance Program through a properly licensed provider. NBFA members may access the Employee Assistance Program at no cost subject to provider guidelines. H. Annual Physical Examinations. All NBFA members are eligible, but not required, to receive, at their option and at City's expense, a complete annual health fitness evaluation from Centinela Hospital or an annual medical examination from Dr. Lynn Stanton. The health fitness evaluation, and the comprehensive medical examination shall include limited cancer screening as specified in the contract between the medical vendor and the City. The cost of the examination or evaluation shall not be included in the calculation of the total compensation. Members who elect to receive a health fitness evaluation or comprehensive medical examination shall do so on their own time. Members who elect to receive the health fitness evaluation or comprehensive medical evaluation shall sign a consent form authorizing the vendor to advise the Fire Chief, in writing, if the employee is physically fit to perform his/her normal duties. I. Physical Conditioning Equipment/Apparel. 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $5,000.00 per year for the maintenance, repair, improvement, or replacement of fitness equipment. 2. During the term of this MOU, City shall purchase $15,000.00 worth of additional physical fitness equipment for placement in fire stations. NBFA shall advise City of the fitness equipment to be purchased. 3. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. J . Required Uniform. City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, 18 badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. K. Court Standby Pay. NBFA members who, pursuant to Subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off —duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. L. Tuition Reimbursement NBFA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Maximum tuition reimbursement for employees shall be $2,213.00 per fiscal year. Effective July 1, 1996 the maximum amount of reimbursement shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Administrative Services Director. SECTION S. — MISCELLANEOUS PROVISIONS A. Schedule. The City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1(c)1. B. Dues Checkoff. NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi—weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. C. Flex Leave/Vacation Leave Access. The City and NBFA shall continue to meet and confer regarding current restrictions on access to Flex Leave and Vacation Leave and, specifically, modifications that would allow Flex Leave and Vacation Leave to be taken in 12 hours increments. 19 • City and NBFA shall split the cost of implementing any modified plan including that associated with the development of any software, provided, however, in no event shall the cost to the City exceed $3,500.00. D. Fire Suppression Staffing Levels. The City shall not reduce current staffing levels for fire suppression Equipment during the term of this MOU. The City believes that appropriate staffing levels call for three fire suppression personnel for each engine company, four fire suppression personnel for each truck company, and two firefighter/paramedics on each paramedic unit. PAU and BLS staffing shall conform to the provisions in Section N. E. Jury Duty. NBFA members who are assigned to line positions and are called to jury duty shall be excused for each 24 hour shift during which the member is required to attend court and sit on a jury or await assignment. F. EMT Certification. All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief in an attempt to schedule a makeup session, provided, however, members may view one videotaped class to make up for an absence from a regularly scheduled class. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. G. Reductions in Force/Layoffs. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions. (a) "Layoffs" or "Laid off" shall mean the non —disciplinary termination of employment. (b) "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: (i) Credit shall be given only for continuous service subsequent 20 to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (iii) For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. (c) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). (d) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (e) "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a Less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only those positions the employee has previously held with the Department. 2. Procedures. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (a) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (b) Employees within a Classification shall be laid off in inverse order of seniority; (c) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of 21 Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. (d) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility List, the Department Director shall determine the employee(s) to be laid off. 3. Notice. Employees subject to lay—off shall be given at least thirty(30) days advance notice of the layoff or thirty (30) days pay in Lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 4. Re —Employment. Permanent and probationary employees who are laid off shall be placed on a Department re—employment list in reverse order of layoff. The re—employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re—employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re—employment list or the right to remove his or her name from the re—employment list by sending written confirmation to the Personnel Director. 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay—off, receive one week severance pay for each year of continuous service with the City of Newport Beach. H. Re —open City and NBFA also agree to reopen this MOU to discuss modifications to the layoff procedures including a provision that the Fire Chief, with the consent of the employee and approval of the City Manager, may assign an employee to a temporary position in lieu of layoff without prejudice to the employee's reemployment rights. 22 City and NBFA also agree to reopen this MOU for the purpose of developing a Grievance procedure to be incorporated into this MOU. Amortizing Payroll System. The City shall establish an amortizing payroll system which will ensure that compensation and benefits due to members will come to the extent possible, be paid or conferred in twenty six (26) equal bi—weekly installments during each calendar year. J. Progressive Discipline Plan. Any discipline shall be in accordance with Department SOP 500.80 (copy attached). K. Association Leave 1. NBFA members shall be allowed to participate in the following activities and receive full pay ("Release Time"): (a) attendance at meetings, conferences, seminars or workshops related to matters within the scope of representation; (b) to prepare for, travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. 2. City grants NBFA 67 hours of Release Time per calendar year to engage in the activities described in subsection 1(a). 3. City grants NBFA members the right to engage in the activities described in subsection 1(b) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. In no event shall any one designate be entitled to use more than 67 hours of Release Time (exclusive of actual time spent meeting with City representatives on matters relating to the scope of representation), within any calendar year. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. L. Y-Rating Employees who are reclassified to a position with a lower maximum salary shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during 23 continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. M. Personnel Rules Within ninety (90) days of the execution of this Agreement, the City will provide draft revised personnel rules to the Association for review. N. Pre -Hospital Emergency Medical Services System The City and Association have met and conferred on proposed changes to the City's Paramedic and Emergency Transportation System. The parties have agreed as follows: Two engine companies shall be converted to a Paramedic Assessment Unit (PAU's). The two current paramedic units shall be converted to Paramedic Ambulances (PA's) and a City operated 24-hour Basic Life Support (BLS) ambulance shall be staffed by two sworn Firefighter EMT-D's. The PA's shall normally transport patients requiring advanced life support (ALS) . The BLS ambulance shall normally transport patients requiring basic life support (BLS). Either the PA's or the BLS ambulance may transport ALS or BLS patients based upon operational need. Staffing It is understood that the City and the NBFA have agreed to staff the BLS ambulance using existing personnel. Those firefighters assigned to the fourth (4th) position on Truck 62 and Truck 63 will be reassigned to the BLS ambulance. Evaluation The City's intent is to operate the system as outlined above for approximately one year. During that year, an evaluation process shall be conducted, involving the Firefighters Association, to determine if the program is meeting specified criteria. The criteria would include: o Service Level - The City's goal would be to answer 85% of the advanced life support calls on a City-wide basis within 5 minutes. o Resource Allocation - This criteria would evaluate the revised configuration as it relates to the affect on patient care. o Financial Criteria - Determination as to whether or not revenues are adequate for program support. The City's goal would be to achieve net revenues of $150,000 (versus actual costs). The City shall involve the Firefighter 's Association with meaningful input in the evaluation process through a Department sponsored EMS committee. The Public Safety Committee and the City Council would shall also be involved in the 24 evaluation process. The Association shall have an opportunity to directly present its position to the Committee and Council prior to any formal decision being reached. Assuming there are sufficient revenues to support the program, and service levels are not being met, it is the City's intent to expand the number of Paramedic Assessment Units (PAUs) to four. Confirmation from PERS Within sixty (60) days of the execution of this agreement, the City shall provide NBFA with written documentation from the California Public Employees Retirement System (PERS), stating that the Longevity pay (B)(1)(a) and Holiday Pay Conversion (B)(2)(a) sections of this MOU, comply with current PERS guidelines and regulations. In addition, the amount of the payments for these provisions 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) of the California Government Code, as amended effective July 1, 1994. This payment shall constitute compensation earnable under California Government Code Section 20636 in compliance with current PERS guidelines and regulations. Executed this day of _A_U__J , 1997: By: By: CITY OF NEWPORT BEACH By: ATTEST: By:, d fia-A, `t, m , n Debay ayor LaVonne Harkless, City Clerk APP OVED AS TO FORM: 'Robert H. Burnham, City Attorney 25 • EXHIBIT A Newport Beach Firefighters Association Employee Classifications Percent of Firefighter (Top Step) Firefighter N/A Engineer 112.50% Paramedic 122.25% Fire Specialits III 125.00% Line Captain 132.00% Staff Captains receive a 7.5% Bonus (over Line Captains). EXHIBIT B RESOLUTION NO. 7 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO PROMOTE IMPROVED RELATIONS AND COMMUNICATION BETWEEN THE CITY OF NEWPORT BEACH AND ITS EMPLOYEES, WHICH SHALL BE KNOWN AS THE "EMPLOYER -EMPLOYEE RELATIONS RESOLUTION" SECTION 1. Statement of Purpose. This resolution is enacted pursuant to the authority contained in Chapter 10, Division 4, Title 1 of the California Government Code (Section 3500 et seq.) entitled "Public Employee Organizations" for the purpose of pro- viding orderly procedures for the administration of employer - employee relations between the City of Newport Beach (hereinafter referred to as the "City") and its employee organizations and for resolving questions regarding wages, hours and other terms and conditions of employment, and to establish procedures for the recognition of employee organizations. SECTION 2. Definitions. Terms used herein that are used in Government Code Section 3500 et seq. will have the same meaning as in said Code, and have been restated herein for the purpose of convenience, together with certain other definitions which are unique to this resolution. (A) "City" - means the City of Newport Beach, a municipal corporation, and where appropriate herein "City" refers to the City Council, the governing body of said City, or any duly authorized management employee as herein defined. (B) "City Representative" - The City Manager of the City shall be the City's representative in employer - employee relations. The City Manager may designate staff employees as City Representatives to assist him as necessary. • (C) "Employee" - means any person permanently employed by the City, excepting members of the City Council, members of appointive boards and commissions. (D) "Employee, Confidential" - means any employee whose duties would give the employee access to decisions and decision -making processes of the City concerning any matters relating to employer -employee relations. (E) "Employee, Management" - means: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the City Manager and department heads. (2) Any employee having responsibility to assign, direct or supervise employees, or to adjust grievances of employees, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (F) "Employee Group for Recognition" - As defined in Section 6 and established pursuant to Section 7 of this resolution. (G) "Employee Organization" - means any organization which includes employees of the City and which has as one of its primary purposes the representation of such employees in their relations with the City. (H) "Employee Representative" - means the authorized representative of a Recognized Employee Organization. (I) "Employer -Employee Relations" - means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and employees or employee organizations. (J) "Failure to Agree" - means the City Representative and a Recognized Employee Organization have been unable to reach agreement concerning a subject over which they are meeting and conferring in good faith. (K) "Grievance" - means any disagreement concerning the interpretation or application of this resolution, or of rules and regulations governing personnel practices or working conditions. (L) "Majority Representative" - means an employee organization which the City Representative has formally recognized as representing the majority of the employees in an Employee Group for Recognition as designated by the City. Formal recognition includes the right to meet and confer in good faith with the City Representative. (M) "Mediation" means the use of an impartial third person to assist the City Representative and a Recognized Employee Organization or Organizations to voluntarily reach an accord where there has been a failure to agree. (N) "Meet and Confer in Good Faith" - means the performance by duly authorized City Representatives and duly authorized representatives of a Recognized Employee Organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of rep- resentation, including wages, hours, and other terms and conditions of employment, in an effort to: (1) Reach agreement on those matters within the authority of such representatives; and (2) Reach agreement on what will be recommended to the City Council on those matters within the decision - making authority of the City Council. This does not require either party to agree to a proposal or to make a concession. (0) "Recognized Employee Organization" - means an employee organization which has been formally recognized by the•City Representative as an employee organization pursuant to Section 6 of this resolution. (1') "Scope of Representation" - means all matters relating to employment conditions and employer -employee relations including but not limited to wages, hours and other terns and conditions of employment. City responsibilities and rights (Section 3) are excluded from the scope of representation. SECTION 3. City Responsibilities and Rights. To insure that the City is able to carry out its functions and responsibili- ties, the following matters will not be subject to the meet -and - confer process, but shall be within the exclusive discretion of the City: The exclusive right to determine the mission of its constituent departments, commissions and boards; to determine the procedures and standards of selection for employment and promotion; to direct its employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to determine the content of job classifications; to hire, transfer and to promote or to lay off employees for lack of work; to suspend, discipline and dis- charge employees for just cause; to expand or to diminish services; to subcontract any work or operations; and to determine the methods, means and personnel by which government operations are to be conducted. SECTION 4. Employee Rights. The employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer -employee relations, including, but not limited to wages, hours and other terms and conditions of employment. Management, and confidential employees may not represent employees in any of the employee groups on matters within the scope of representation, but they may join and be represented by employee organizations. Professional employees shall not be denied the right to be represented separately from non-professional employees. Employees of the City shall also have the right to refuse to join or participate in the activities of employee organizations, and shall have the right to represent themselves individually in their employment relations with the City. Individual representation shall begin with the employee's supervisor. Requests within the scope of representation presented in writing, shall be answered in writing within 7 calendar days. If not resolved, the problem may be presented to the department head in written form. Answer shall be made in writing by the department head within 14 calendar days. If not resolved, the problem may be presented to the City Representative in writing. Answer shall be made within 21 calendar days. The City and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against employees because of their exercise of their' rights under this section. SECTION 5. Designation of Management and Confidential Employees. The City Council authorizes the City Representative to designate the employees by job title which have been determined to be management or confidential employees. SECTION 6. Employee Group for Recognition. The City Representative, after reviewing the petition filed by an employee 4/2/70 • • r organization seeking formal recognition as majority representative, shall determine whether the proposed group is an appropriate group for recognition. Factors to be considered are listed as follows: 1. Which group will assure employees the fullest freedom in the exercise of rights set forth under this resolution. 2. The history of employee relations: (i) in the group; (it) among other employees of the City; (iii) in similar public employment. 3. The effect of the grouping on the efficient operation of the City and sound employer -employee relations. 4. The extent to which employees have a community of interest, such as common skills, working conditions, job duties or similar educational requirements. 5. The effect on the existing classi- fication structure of dividing a single classification among two or more groups. Provided, however, no group shall be established solely on the basis of the extent to which employees in the proposed group have organized or have not organized. SECTION 7. Petition for Recognition. An organization representing employees that seeks recognition as the majority representative of the employees in an Employee Group for Recogni- tion shall file with the City Representative a petition containing the following information: (A) Name and address of the employee organization; (B) Names and titles of its officers; (C) Names of two employee organization • • representatives who are authorized to speak on behalf of its members; (D) A certified copy of the employee organization's constitution or bylaws which shall contain a state- ment that the employee organization has as one of its primary purposes the representation of the employees in their employment relations with the City; (E) A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state, national or international organi- zation; (F) The designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to employee organization; (G) A statement that the employee organi- zation recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. (H) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin or age. (I) The names of the employees it represents, together with the class titles and departments where employed. (J) Signed statements, dated within six months of the date upon which the petition is filed, from a majority of the employees in the Employee Group for Recognition designating the organization as their representative in their employment relations with the City. Such written proof shall be • • submitted for confirmation to the City Representative. (K) A request that the City Representative recognize the employee organization as the majority representative of the employees in the Employee Group for Recognition for the purpose of meeting and conferring in good faith on all matters within the scope of representation. SECTION 8. Recognition of Majority Representatives. Upon the determination of the City Representative that the peti- tioner meets the criteria of an employee organization, he may, at his sole discretion, grant recognition for purposes of meeting and conferring in good faith after determining the majority status of the employee organization by either having a secret ballot election conducted by a neutral party, or by any other reasonable method based upon written proof executed within the preceding six months. When recognition is granted, the City Representative will provide a letter of certification to the Recognized Employee Organization. The determination of what constitutes an appropriate Employee Group for Recognition shall be made solely by the City Representative, which decision shall be a fair and reasonable one which takes into account all applicable precedent. The recognition extended to the majority representatives of the employee groups described in Section.6 of this resolution shall not be subject to challenge by any competing employee organization until two years from the date of initial recognition by the adoption of this resolution, and may be renewed for addition- al two year periods, except as provided below: A petition for modification of an Employee Group for Recognition and/or decertification may be filed with the City Representative after the initial two-year period, but not more than ninety or less than sixty days prior to the expiration or renewal' date of a memorandum of understanding between the Recognized Employee Organization and the City. Such petition may be filed by (1) the Recognized Employee Organization as a disavowal of interest; (2) another organization provided the petition is accompanied by authorization cards signed by at least thirty percent of all employees in an employee group granted recognition prior to filing the petition; (3) any group of employees consisting of at least ten percent of all employees of the City. SECTION 9. Agreement -- Preparation of Memorandum of Understanding. If agreement is reached by the representatives of the City and a Recognized Employee Organization or Organizations on matters within the scope of representation, they shall jointly prepare a written memorandum of such understanding, which shall not be binding, and present it to the City Council for determination. SECTION 10. Disposition of Failure to Agree. Any failure to agree as defined in this resolution may be settled in the following manner: If after a reasonable period of time, the City Representa- tive and a recognized Employee Organization or Organizations fail to reach agreement, the City Representative and_the Recognized Employee Organization or Recognized Employee,Arganizations together may agree upon the appointment of a mediator mutually agreeable to the parties. If mutual agreement on the appointment of a mediator cannot be reached, the parties may select a mediator by obtaining a list of seven names from the American Arbitration Association, The State Mediation and Conciliation Service, or some other agreed upon source, and each party shall alternately strike one name from the list until only one name remains. The parties shall instruct the mediator on the facts to be ascertained and the issues on • • which his interpretation, suggestion and advice are sought. Costs of mediation shall be divided one-half to the City and one-half to the Recognized Employee Organization or Recognized Employee Organizations. The mediator shall keep all discussions with the parties confidential, and shall take no public position on the merits of the issue or issues. His powers will be strictly limited to his efforts to aid the parties to reach a voluntary accord. SECTION 11. Grievance Procedure. Any employee or group of employees may file a grievance regarding the interpretation or application of this resolution affecting an employee's wages, A grievance shall be procedure: or of rules and regulations adversely hours or conditions of employment. filed according to the following Step 1. A grievance may be filed by any employee in his own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within seven calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle the grievance and give a written answer to the grievant within seven calendar days from the receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented directly in Step 2. Step 2. If the grievance is not resolved in Step 1, the grievant may, within fourteen calendar days from his receipt of the supervisor's answer, forward the grievance to his -10- departsent head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen calendar days from receipt of the grievance. Step 3. If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant, within ten calendar days from his receipt of the department head's answer, through the representative of his Recognized Employee Organization who may request a meeting with the City Representa- tive to resolve the grievance. Following the meeting, answer shall be made by the City Representative in writing to the representative within twenty-one calendar days. The Grievance Procedure established by this section shall not be applicable to any grievance affecting an employee who is included within the Civil Service system (Police and Fire personnel) if such grievance is within the jurisdiction of the Civil Service Board as provided in Chapter 2.24 of the Newport Beach Municipal Code. SECTION 12. Employees at Meetings. A maximum of two employees representing a Recognized Employee Organization may be released from work without loss of pay or benefits to meet with the City Representative in employer -employee relations. The limitation of two employees may be waived upon mutual agreement between the City Representative and the Recognized Employee Organization. SECTION 13. Timetable for Submission of Requests Preliminary requests from Recognized Employee Organizations for changes in wages, fringe benefits and other terms and conditions of employment shall be submitted by March 1 of each year for considera- tion by the City Representative for the following fiscal year. SECTION 14. Membership Dues Deduction. Only a Recognized -11- Employee Organization may have the regular dues of its members deducted from the employees' paychecks, and only upon the written authorization of the individual employee. SECTION 15. Use of Bulletin Boards. Space shall be made available to Recognized Employee Organizations on existing depart- mental bulletin boards within the representation unit provided such use does not interfere with the needs of the department and the material posted is not derogatory to the City, employees of the City, or other employee organizations in the fair and equitable judgment of the City Representative. SECTION 16. Use of City Facilities. Recognized Employee Organizations may distribute pamphlets, brochures and membership cards in City facilities only during non -working hours of the employees involved. No unrecognized employee organization shall engage in organizing activities or distribute pamphlets or similar literature in connection therewith on any City property. Recognized Employee Organizations may hold meetings of their members or representatives on City property provided they obtain the prior permission of the City Representative. Unless there are extraordinary circumstances such requests should be presented to the City Representative at least twenty-four hours prior to the anticipated time of the meeting. The City Representa- tive may authorize such meetings of Police and Fire Department during duty hours. SECTION 17. Peace Officers' Affiliation with Other Organizations. A11 City employees who are peace officers, as that term is defined in Section 817 of the California Penal Code, may form, join, participate in, and be represented by employee organizations of their own choosing for the purpose of representa- tion on all matters of employer -employee relations as provided -12- i by this Resolution, provided such employee organizations: (i) are composed solely of such peace officers, and (ii) concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and (iii) are not subordinate to any other organization. SECTION 18. Advance Notice. Except in case of emergency, each Recognized Employee Organization affected shall be given written notice of any resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with the City Representative prior to its adoption. SECTION 19. Separability. If any provision of this resolution or the application of such provision to any person or circumstance shall be held invalid, the remainder of this resolu- tion or the application of such provision to persons and circumstances other than those to which it is held invalid shall not be affected thereby. SECTION 20. Adoption of Resolution. This resolution is adopted after consultation in good faith with the Newport Beach City Employees Association and the Newport Beach Police Employees Association and the Newport Beach Fire Fighters Association, which are the only employee organizations having members in the employ of the City. ADOPTED this ,ara day of APifiL , 1970. ATTEST• Cit y i,2/K er CE IED AS THE PRIG G.1�csaai CITY CLERK OE THE CITY F NEWP BEACH DAM C0:.:as:.L..._L.7__J12c2 Mayor @i R� THS:eg -13- 3/16/70 Letter of Understanding between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("NBFA") regarding the temporary amendment of Section 5 E of the Memorandum of Understanding between the City and NBFA pertaining to Fire Suppression Staffing Levels Whereas, the City's primary emergency ambulance transportation provider, MedTrans, abruptly ceased operations in the City of Newport Beach at 12:OOAM on Thursday, August 8, 1996; and Whereas, the City's secondary emergency ambulance transportation provider, Schaeffer Ambulance, was unable to maintain the level of service in the City of Newport Beach in MedTrans absence; and Whereas, the Fire and Marine Chief unilaterally altered the staffing agreement found in Section 5 E of the M.O.U. between the City and the NBFA and reassigned the fourth firefighter on one of the two truck companies, Truck 62, to temporarily establish a City -operated basic life support ambulance on August 8, 1996; and Whereas, the City is currently in the process of reviewing proposals to provide primary emergency ambulance transportation and will not be complete with the process until September 9, 1996; Whereas, the City and the NBFA both agree that the continued operation of a City -operated basic life support ambulance is in the best interest of the citizens of Newport Beach; Therefore, the City and the NBFA hereby agree to continue to operate a basic life support ambulance by using the fourth firefighter assigned to Truck 62 and one overtime firefighter until such time as the City selects a primary emergency ambulance transportation provider or until September 9, 1996, whichever occurs first. Rich Thomas, President KevirJ. Murphy, ity Manager Newport Beach Firefighters Association City of Newport Beach 8-/Z-1?lp I-/3-9� Date Date Letter of Understanding between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("NBFA") regarding the temporary amendment of Section 5E of the Memorandum of Understanding between the City and the NBFA pertaining to Fire Suppression Staffing Levels Pending City Council approval of the recommendation of the Fire and Marine Chief to staff a Basic Life Support ("BLS") ambulance with firefighter personnel, the City and the NBFA hereby agree to continue to operate a BLS ambulance by using the fourth firefighter assigned to Truck 62 and one overtime firefighter. This agreement shall remain in place until such time as the City and the NBFA conclude the formal meet and confer process concerning this issue, in accordance with the provisions of the Charter of the City of Newport Beach and the Meyers Milias Brown Act of the State of California. It is agreed that the meet and confer process between representatives of the City and the NBFA will begin immediately and this agreement will remain valid through that process, which shall not exceed 60 days from the date of this document. Notwithstanding any additional meet and confer process, however, it is understood by the City and the NBFA, that three (3) additional firefighters shall be hired by the City to comply with Section 5E of the Memorandum of Understanding between the City and the NBFA. These personnel will be hired to bring the minimum staffing level of Truck 63 to four (4) firefighters, as noted in Section 5E. It is also understood by both parties, that the fourth firefighter from Truck 62 and Truck 63 will be reassigned to a Newport Beach Fire and Marine Department operated BLS ambulance. ;Z. -;43 - Rich Thomas, President Newport Beach Firefighters Association Date Kevirv/Y. Murphy, Csly Manager City of Newport Beach Date • • _2C6c MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Firefighters Association ("NBFA"), 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. NBFA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 1993 to December 31, 1995 and this tentative agreement has been embodied in this MOU. 3. The City acknowledges and appreciates the cooperation of NBFA during the meet and confer process leading to the adoption of the 1992-93 MOU. NBFA recognized that the on -going recession and the state budget crisis resulted in significant reductions in municipal revenue during that fiscal year and agreed to withdraw their request to a proposed 6.5 percent increase in total compensation. 4. This MOU, upon approval by NBFA 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. 5. NBFA and the City have, subsequent to the effective date of the agreement which is memorialized in this MOU, met and conferred regarding provisions of the original agreement which gave NBFA members an "irrevocable right" to pay their own PERS contribution and receive a corresponding 9% increase in salary. NBFA members have agreed to relinquish this "irrevocable right" and reduce the potential increase in overtime compensation the City would have been required to pay if the "regular pay" of NBFA members had been increased by 9% if and when the "irrevocable right" was exercised. The relinquishment of the "irrevocable right" in consideration of the City's agreement to make certain internal adjustments, establish premium pay accounts for Vacation Leave, Sick Leave and Flex Leave and the inclusion of Sick Leave and Holiday Pay in the calculation of hours worked for purposes of calculating FLSA overtime will save the City approximately $300,000 in overtime pay. The City appreciates a continued cooperation of NBFA and its members. • • 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's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBFA 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 specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFA. 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, 1993. This MOU shall remain in full force and effect until December 31, 1995, 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 any 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 such as, or similar to, this MOU. C. Scope. 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non-exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 7173 (cony attached as Exhibit "B"). 2 • • D. Bulletin Boars. 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletins boards shall indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E-Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E-Mail may be used for Association business on a limited basis and consistent with Department Policy. E. 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 to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. 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. G. 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 3 affect the remaining portions of this MOU provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. H. Impasse. In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 10 of Resolution No. 7173 or a successor resolution. I. Definitions. For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or " NBFA member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any NBFA member who is assigned to work a 40 hour workweek. 3. The term "line employee" shall mean any NBFA member assigned to work an average 56 hour workweek in 24 hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Department. SECTION 2. - Direct Wage Payments. A. Pay for Time Worked. 1. Salary/Total Compensation Adjustments. Effective July 1, 1993, the salary schedule for the classifications represented by the Association shall be as specified in Exhibit "A." The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the position of Firefighter (benchmark position) and the other positions represented by NBFA, as specified in Section 2(A)(7), so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified in Exhibit "A", or total compensation, as appropriate, shall be subject to the following guaranteed adjustments: (a) Effective January 1, 1994, salaries shall be increased by three percent (3%) or the increase in the Consumer Price Index from July 1, 1992 to June 30, 1993, whichever is greater. For the purposes of this subsection, the term "CPI Increase" shall mean the total percentage change shown in the "all items index" for "all urban consumers" for Los Angeles--Anaheim--Riverside, published by the United States Department of Labor, Bureau of Labor Statistics. (b) The provisions of this subsection are intended to implement the City's commitment to increase total compensation of the benchmark position by at least fifty percent (50%) of the differential between then current total compensation (as defined in Section 3(B)) and the average total compensation of the five (5) highest paid benchmark positions (or equivalent) of Municipal Fire Departments in Orange County, and to increase the salary of all other classifications represented by NBFA by a percentage equal to the percentage salary increase granted to the benchmark position in order to provide the increase in total compensation described above. Effective at the beginning of the last pay period of 1994, then current salaries shall be increased, at a minimum, by an amount or percentage calculated as follows. First, then current total compensation paid by Newport Beach to the benchmark position shall be subtracted from the average of the total compensation paid to the five (5) highest paid benchmark positions of Municipal Fire Departments in Orange County. Second, the difference in total compensation, if any, shall be divided by two and that sum represents the minimum total compensation increase that shall be granted to the benchmark position pursuant to this subsection. Third, City shall then determine the salary increase for the benchmark position that produces the required increase in total compensation, and that amount shall be added to the existing salary for the benchmark position. Finally, City shall also determine the percentage increase in salary to the benchmark position that results from the increase in total compensation granted pursuant to this subsection. In the event the matrix described in Section 2(A)(1) has been developed, salaries for all NBFA members shall be increased by applying the matrix multiplier to the new salary paid to the benchmark position pursuant to this Section. In the event the matrix has not been developed, the salaries of all NBFA members shall be increased by the percentage increase in the salary of the 5 benchmark position. The following is an example of the manner in which the City would calculate salary and total compensation adjustments acquired by this section: This example assumes that the total compensation paid by Newport Beach was $4,000 ($3,000 salary, $600 retirement and $400 health insurance), and the average total compensation of the five highest paid benchmark positions was $4,720, the minimum total compensation increase would be $360 ($4,720 minus $4,000 equals $720 divided by two equals $360). City would then determine what salary increase would produce an increase in total compensation of $360. In this example, and assuming no change in the health insurance contribution, the salary increase would be $300 which was calculated by dividing $360 by 1.2 (1.2 is the ratio of salary and retirement benefits to salary). In summary, the new salary would be $3,300, the new retirement contribution would be $660 (20% of salary), and the health insurance contribution would remain $400 for a total compensation of $4,360. City would also determine the percentage increase in the salary of the benchmark position granted pursuant to this Section by dividing the amount of the salary increase by the pre-existing salary for the benchmark position. In this example, the percentage salary increase would be ten percent (10%) ($300 divided by $3,000). In the event the matrix exists, the salaries of all NBFA members would be increased by applying the matrix multiplier to the new salary of $3,300. In the event the matrix has not been developed, salaries of all NBFA members would be increased by 10%. (c) In the event any recognized association or labor organization composed of Newport Beach employees or a significant segment of unrepresented employees receives any increase in total compensation prior to January 1, 1994, other than pursuant to court order or judicial decree, the same increase shall be granted to NBFA members as of the date the increase is effective as to the other association, labor organization, or significant segment of unrepresented employees. City shall have no obligation to increase salaries pursuant to subsection (a) if the increase in total compensation paid pursuant to this Section is effective prior to January 1, 1994 and is equal to or is greater than the percentage increase in total compensation that would result from application of subsection (a). In the event increases in total compensation granted pursuant to this Section are less than the increase specified in subsection (a), NBFA salaries shall be increased, effective January 1, 1994, by an additional amount necessary to comply with subsection (a), but in no event shall the total of the adjustments exceed the maximum adjustment required by subsection (a). 2. Subseauent Adiustments. Any Adjustments in total compensation to be effective on or after January 1, 1996 shall be determined in accordance with the compensation policy specified in Section 3 or the then current MOU. 3. Additional Step. Effective April 2, 1994, a new step ("F Step") shall be added to the merit system compensation schedule for each classification represented by NBFA. The salary for the F Step shall be five percent (5%) greater than the then current salary for the E Step. NBFA members who have been at the E Step for twelve (12) months prior to April 1, 1994 shall advance to the F Step on that date. All other NBFA members shall be eligible for an increase to the F Step after twelve (12) months at the E Step. 4. Retirement Benefits. (a) Pursuant to Section 20615 of the California Government Code, the City shall pay to PERS, on behalf of all employees covered by this agreement, 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. 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 20023(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 20615 of the California Government Code. NBFA acknowledges that the City is making this payment pursuant to a specific request of NBFA to do so, that the City has made significant financial commitments to NBFA 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 NBFA (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 NBFA members exercise their irrevocable right to make their own PERS contribution and 7 • • receive a corresponding salary increase. (b) In the 1988-89 MOU between the City and NBFA, City agreed to provide NBFA members with retirement benefits based upon highest year compensation ("Highest Year Benefit"). Pursuant to that MOU, the City agreed to pay the total extra cost of the Highest Year Benefit during 1988-89 and thereafter phase the additional cost into the total compensation calculation at the rate of "an additional 20% per year" until fully absorbed in the total compensation calculation. The parties wish to resolve any disagreement over the meaning and method of implementation of those provisions of the 1988-89 MOU related to the Highest Year Benefit by converting the current value of the Highest Year Benefit to a guaranteed payment over and above each member's salary. This guaranteed payment shall be calculated by multiplying the member's salary by a percentage determined by dividing sixty percent (60%) of the cost of the Highest Year Benefit for the benchmark position (as of April 28, 1993) by total compensation for the benchmark position as of April 28, 1993. This guaranteed payment shall be effective June 1, 1993, shall continue in full force and effect until December 31, 1995, and shall not be included in the calculation of total compensation for any purpose, including, without limitation, the computation of total compensation for the purpose of calculating salary increases pursuant to subsection 2(A)(1)(b). City shall provide NBFA with proof of compliance with this subsection within thirty (30) days after its effective date and within thirty (30) days after each subsequent salary increase. (c) City's contract with PERS shall provide for a "two percent at fifty" retirement formula pursuant to the provisions of Section 21252.01 of the California Government Code. (d) City shall elect to be subject to the military buy back provisions of Section 20930.3 of the California Government Code and shall amend the contract with PERS to reflect this election. 5. Special Assignment Pay. The following additional payments shall be made to certain NBFA members based on assignment: (a) The classification system currently lists Fire Specialist III as a classification to be designated a permanent classification as of January 1, 1994. A11 NBFA members occupying the position of Fire Specialist III 8 shall, prior to January 1, 1994, have their normal hourly salary increased by 5 percent as special assignment pay. The special assignment pay shall expire on January 1, 1994, when Fire Specialist III is made a permanent classification within the Fire Department. (b) Certified members of the Hazardous Materials Response Team shall receive special assignment pay of $200.00 per month. (c) The line members of NBFA who are assigned to work a full 24 hour shift as tillerman shall have their normal hourly rate increased by 5 percent while so assigned. 6. Shift Holdover. Not withstanding the provisions of Section 602.7.3.3 of Resolution No. 88-13 (Personnel Policy Resolution) NBFA members who are held over at the conclusion of any shift shall be compensated at the rate of one hour for each hour, or portion thereof, the employee worked beyond the end of the shift. Any member held over after shift shall be compensated at time and a half for all time worked during the work period in excess of the maximum permitted under the provisions of Section 29 USC 507(k). 7. Internal Adjustments. Effective June 25, 1994 the base salaries of the following positions shall be adjusted to reflect the designated percentages of the base salary of Firefighter with the salaries of each step of each position adjusted accordingly. ENGINEER 112.5% OF FIREFIGHTER PARAMEDIC 122.25% OF FIREFIGHTER FIRE SPECIALIST III 125% OF FIREFIGHTER CAPTAIN 132% OF FIREFIGHTER (STAFF CAPTAINS RECEIVE A 7 1/2% BONUS) 8. Flex Leave Premium Pay Account. NBFA members shall have the right to receive pay, at the rate of 109% of their then current base salary, for any Flex Leave banked, up to a maximum of 78 times bi-weekly their Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account balance shall be shown on each member's regular pay stub. The Flex Leave Premium Pay Account shall be reduced in accordance with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate 9 of 109% of their then current base salary for all accrued Flex Leave to the full extent of the remaining balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 9. Vacation Leave Premium Pay Account. Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their then current base salary, for any accumulated Vacation Leave up to a maximum of 52 times their bi-weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay Account balance shall be shown on each members regular pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate with member purchases. Each member shall, upon termination, resignation, retirement or other separation from service, receive terminal pay at the rate of 109% of their then current base salary for all accrued Vacation Leave to the full extent of the remaining balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave paid upon termination at the then current base salary. The provisions of this section shall apply only to members employed by the City of Newport Beach on or before June 30, 1994. 10. Sick Leayq. Upon paid retirement, termination in good standing or death, but not termination for cause or resignation in lieu of termination, any member or his/her estate shall be paid, at the rate of 109% of their final base salary for a percentage of the employees accrued but unused Sick Leave computed as follows: YEARS OF SERVICE: PERCENT OF UNUSED SICK LEAVE PAID FOR: LESS THAN 10 NONE 10 BUT LESS THAN 15 25% 1S BUT LESS THAN 20 37.5% 20 OR MORE S0% Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after 16 years he or she would receive Terminal Sick 10 • • Leave Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave - 1200 hours multiplied by .375). B. Comnensable Time Off. 1. Flex Leave. (a) Subject to the provisions of subsection (b), NBFA members shall accrue flex leave as follows: Years of Can't. Svc.: Line Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Years of Con't. Svc.: Staff Employees 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Accrual Hours/Pay Period: 8.77 9.69 10.62 11.54 12.46 13.39 14.31 Leave Accrual Hours/Pay Period: 6.26 6.92 7.59 8.24 8.89 9.56 10.22 These accrual rates are effective July 1, 1993. Flex leave banks of NBFA members shall be adjusted to reflect the new accrual rates as of July 1, 1993. (b) The Flex leave program shall be administered as follows: (i) NBFA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of six (6) months provided, however, if a member on the flex leave program becomes sick during the first six months of employment, the City will advance up to 81 hours of paid leave time to staff employees and 114 hours of paid leave time for line employees for use by the member to recover from illness. In the event the City advances paid leave time and the employee is 11 terminated or resigns before completing six months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. (ii) NBFA members who are staff employees shall accrue 81 hours of flex leave and line employees shall accrue 114 hours of flex leave immediately upon completion of six (6) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first six months of employment. (iii) Members employed by the City prior to initiation of the flex leave program have had then current accrued vacation time converted to flex leave on an hour for hour basis with then current sick leave placed in a bank to be used as provided in Section 703 et seq. of the Personnel Resolution. Members entitled to use sick leave pursuant to Section 703.1 of the Personnel Resolution and who are absent due to illness shall have their sick leave bank reduced by the duration of the absence unless the member notifies appropriate department personnel that the absence should be charged to the member's flex leave account. (iv) Prior to the effective date of this MOU, members were entitled to accrue flex leave up to a maximum of 78 times the member's bi-weekly accrual rate. Earned flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. NBFA members may, at any time, elect to receive pay (at the member's normal hourly rate) for all accrued flex leave in excess of 72 hours for a line employees and 40 hours for staff employees. However, NBFA members may not elect to buy down accrued Flex Leave below the current threshold for payment (78 times the member's bi-weekly accrual rate) unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. For the purposes of this section, Flex Leave shall include any earned paid leave such as vacation leave, compensatory time off, or holiday time. (v) All requests for scheduled flex leave shall be submitted to appropriate department personnel. In 12 no event shall a member take or request flex leave in excess of the amount accrued. (vi) Members shall be paid for all accrued flex leave at their then current hourly rate of pay upon termination of the employment relationship. (vii) Prior to January 1, 1990, NBFA members accrued both sick leave and vacation leave. In 1990, the City adopted an alternative system called the Flex Leave Program. Employees who opted for the Flex Leave Program accrued less leave than the combined vacation/sick leave accrual, but no restrictions were placed upon the use of the leave. NBFA members hired prior to January 1, 1990 and who enrolled in the Flex Leave Program shall have the right to return the vacation/sick leave system by filing a written election to do so prior to January 1, 1995. Those members who elect to return to the vacation/sick leave system shall have their vacation and their sick leave banks adjusted to reflect accruals as if they had never elected to convert from the vacation/sick leave system to flex leave. By way of example, assume a member accrued 5 hours of vacation leave and 5 hours of sick leave under the traditional system, accrues 8 hours of flex leave under the new system, and has used 200 of the 400 hours of flex leave accrued since the employee elected to convert to the flex leave system. In such case, the member would have 125 hours of vacation leave and 125 hours of sick leave added to the leave accrued as of the date he/she elected to convert to the flex leave program and the member would no longer have a flex leave account. 2. Holiday Time. (a) Line Employees. The provisions of this subsection shall apply only to NBFA members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro-rata basis. NBFA members who are line employees shall accrue holiday time at the rate of 5.077 hours per pay period. Holiday time shall be added to the member's Flex Leave or Vacation Leave Account on a bi-weekly basis. 13 (b) Staff Emplovees. Staff employees shall receive the following fully paid holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one-half day on Christmas Eve, Christmas, and one-half day on New Years Eve. In addition, Staff employees will be entitled to one floating holiday at the members election. 3. Worker's Compensation Leave. Any NBFA member who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. 4. Vacation/Sick Leave. Administration of the vacation and sick leave program for members who have not converted to flex leave shall be in accordance with the provisions of the Personnel Resolution of the City of Newport Beach. Line employees shall accrue sick leave at the rate of twelve hours per month and staff employees shall accrue sick leave at the rate of eight hours per month. 5. Sick Leave Conversion. Members who, at the end of any calendar year have a sick leave bank greater than a sum equal to eighty-six (86) times their normal bi-weekly sick leave accrual rate and who have used six (6) or fewer days during the calendar year, may elect to covert up to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire Chief, three (3) days of vacation. Members shall elect to convert to sick leave within sixty (60) days after the end of any calendar year. 6. Family Sick Leave. Staff employees shall be entitled to use forty (40) hours of accrued sick leave per calendar year and line employees shall be entitled to use forty-eight (48) hours of sick leave per calendar year for an illness of a dependent which requires the presence of the employee. Family Sick Leave shall be administered in accordance with the provisions of Sections 703.4.2.1 of the Personnel Resolution. The provisions of this Section shall not be construed to affect or reduce the right of any employee to any unpaid family medical leave authorized by State or Federal law. 14 7. Bereavement Leave. Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family. Staff employees shall be entitled to five (5) working days of Bereavement Leave per calendar year while Line Employees shall be entitled to Seven and One -Half (7 1/2) shifts of Bereavement Leave. Bereavement leave shall be administered in accordance with the provisions of Section 705 of Resolution No. 88- 13. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. 8. Reassignment. In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave or Vacation Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. SECTION 3. - Compensation Policy. A. Policy. The intent of this Policy is to maintain salaries and other components of the City's total compensation package at levels which will attract and retain highly qualified personnel as members of the Newport Beach Fire Department. The City Council shall, in applying this compensation policy, take into consideration the following factors: 1. The City's then current economic position; 2. The City's standing in the defined labor market (Municipal Fire Department in Orange County); 3. Changes in the cost of living as measured by increases or decreases in the Consumer Price Index; and 4. Internal relationships. The City shall use this compensation policy, tempered by sound 15 fiscal policy, to maintain a highly competitive standing within the defined labor market with the understanding that the City's ability to make economic adjustments may be limited by budgetary considerations, constraints imposed upon the City by limitations in municipal revenues, or extraordinary expenditures. Taking all of these factors into consideration, it will be the City's intent to compensate employees represented by NBFA based upon the average of the five (5) highest paid benchmark positions in Municipal Fire Departments in Orange County. B. Procedure. The City shall annually evaluate the compensation of NBFA members and, through the meet and confer process mandated by the Meyers Milias Brown Act, will make appropriate modifications to total compensation. The procedure for evaluating the average of the five (5) highest paid benchmark positions in Municipal Fire Departments in Orange County shall begin with a compensation survey prepared in July of each year by the Orange County Division of the League of Cities, subject to verification of this survey for accuracy. The City shall use this survey to determine the total compensation paid by other Municipal Fire Departments to the benchmark position. The benchmark position shall be the top step firefighter without adjustment for any specific combination of experience, training, or education. Total compensation shall consist of three factors: (1) salary, (2) retirement benefits (employer -paid retirement contributions including payment of employee's share) (3) health insurance contributions. Salary and retirement benefits shall be calculated using the amount paid to, or on behalf of, the benchmark position. Health insurance contributions shall be calculated based upon the maximum contribution made by the employer on behalf of an employee with two or more dependents who is enrolled in the health plan having the largest number of employee participants. The total compensation paid to the five (5) highest paid benchmark positions shall be added, and the total divided by five without regard to weighting or the number of officers or employees of the Municipal Fire Departments with the five (5) highest paid benchmark positions. This average shall be used to establish the compensation goal. Salaries for all NBFA represented classifications shall be adjusted (through the use of the matrix (Exhibit A) multipliers or the percentage increase - as appropriate) to reflect the salary increase for the benchmark position that results from the increase in total compensation in the same manner employed in Section 2(A) (1) (b) . C. Term of Compensation Policy. This compensation policy shall survive the term of this MOU and shall remain in full force and effect unless and until modified by the parties in writing. 16 D. Revocation of Current Policy 6J-1). NBFA agrees that this compensation policy takes the place of Council Policy J-1, that Council Policy J-1 is no longer applicable to NBFA and City has the right to modify or revoke J-1 at any time subsequent to the effective date of this MOU. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health Insurance. City shall provide a health care plan available to all NBFA members, their spouses, and dependents. The health plan shall be underwritten by a reputable health care provider and PERS. The City shall also provide dental coverage with a maximum annual benefit of $1,000.00 and limited vision care benefits. The dental coverage may be offered by a provider other than the one which sponsors the health care plan. City shall pay the health and dental premium for each NBFA member, spouse and dependents up to a maximum of $400 per month. City and NBFA shall meet and confer during the term of this 140U with respect to the health care plan provider, adjustments to the maximum City contribution per member, and other issues relevant to health care coverage. 2. Medical Advisory Committee. The City shall meet with a medical - dental advisory committee during the months of July, November, January and May. The committee shall be comprised of one representative from each bargaining unit and up to three management representatives. Committee advisory function shall include determination of coverage, preparation and solicitation of bids, consultation with the City's broker, determination of plan coverage, and selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion of findings or decisions in the collective bargaining process. NBFA and the City have worked together in the selection of a new health care provider. This process involved participation in the medical advisory committee and the meet and confer process. 3. Insurance. City shall provide a retiree health insurance plan through the City's group health plan carrier and PERS. NBFA agrees that twenty five percent (25%) of the cost of providing health insurance to retirees pursuant to the City's group health care plan will be borne by probationary and regular employees of 17 the City of Newport Beach and that NBFA members shall pay their pro-rata share of the active employee contribution to retiree health insurance. The member's contribution shall be the same as other Newport Beach employees and is calculated by dividing 25% of the cost of providing retiree health insurance by the number of probationary and regular employees of the City of Newport Beach and dividing that number by 26 to determine the amount the bi-weekly payroll deduction. B. Short Term Disability/Long Term Disability. The following provisions shall control a members' payment for, and access to, eligibility for short term and long term disability plans or programs. 1. Payment. Line employees shall pay the full cost of any short term and long term disability plan or program until he or she has accrued 120 hours of flex leave/sick leave, 50 percent of the cost after accruing between 120 hours and 240 hours, and City shall pay the full cost upon accrual of more than 240 hours of flex leave/ sick leave. Staff employees shall pay the full cost of any disability plan or program until they have accrued at least 80 hours of flex leave/ sick leave, 50 percent of the cost when they have accrued more than 80 hours, but less than 160 hours, and City shall pay full cost upon accrual of 160 hours or more of flex leave/ sick leave. Whenever any line employee has accrued at least 240 hours of flex leave/ sick leave, and when any staff employee has accrued at least 160 hours of flex leave/ sick leave for a period of 24 months or more, City shall pay the full cost of that member's disability plan or program so long as the member is employed with the Newport Beach Fire Department. 2. A member shall not be entitled to receive short term or long term disability benefits unless: (a) The member is enrolled in the appropriate disability program; (b) The employee has exhausted all accrued sick leave; (c) The member must use at least 5 days, or 1/3, of accrued sick leave, whichever is greater. Any staff employee who has used at least 160 hours of sick leave, or any line employee who has used at least 240 hours of sick leave for the injury or illness which results in disability shall not be required to use flex leave as a precondition to accessing the short term/long term disability program. 18 (d) The member has completed a 5 day waiting period, which may be satisfied by use of accrued flex leave, sick leave or authorized unpaid absence from work. 3. Disability benefits shall be calculated on the basis of a percentage of a member's salary. Disability benefits shall not be paid for any portion of a member's salary which it exceeds $7,500.00 per month for non -industrial claims. The maximum benefit for non -industrial claims shall be $5,000 per month. In the case of an industrial disability, benefits provided pursuant to this subsection shall not be paid on any portion of a member's salary in excess of $2,625.00 per month and the maximum benefit for industrial disability claims shall be $1,750.00 per month. The limitations on industrial disability claims are imposed in light of entitlement to supplemental industrial disability income pursuant to Section 803.4 of Resolution 88-13 and the provisions of Section 4850 et seq. of the Labor Code of the State of California. C. Employee Assistance Program. City shall provide an Employee Assistance Program through a properly licensed provider. NBFA members may access the Employee Assistance Program at no cost subject to provider guidelines. D. Scholastic Achievement Pay. NBFA members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic Achievement Pay"). NBFA members may apply for increases pursuant to this Section when eligible and scholastic achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFA member to apply for Scholastic Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. scholastic achievement pay is contingent upon years of service and number of units and/or degrees received by the employee. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. NBFA member shall receive scholastic achievement pay in accordance with the following: 19 Years of College Monthly Service: Semester/Unit: Compensation: 2 or more 30 $70.00 3 or more 60 $100.00 3 90 $135.00 4 or more 90 $135.00 4 120 $175.00 4 B.A./B.S. $225.00 E. Annual Physical Examinations. All NBFA members are eligible, but not required, to receive, at their option and at City's expense, a complete annual health fitness evaluation from Centinela Hospital or an annual medical examination from Dr. Lynn Stanton. The health fitness evaluation, and the comprehensive medical examination shall include limited cancer screening as specified in the contract between the medical vendor and the City. The cost of the examination or evaluation shall not be included in the calculation of the total compensation. Members who elect to receive a health fitness evaluation or comprehensive medical examination shall do so on their own time. Members who elect to receive the health fitness evaluation or comprehensive medical evaluation shall sign a consent form authorizing the vendor to advise the Fire Chief, in writing, if the employee is physically fit to perform his/her normal duties. F. Physical Conditioning Equipment/Apparel. 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $5,000.00 per year for the maintenance, repair, improvement, or replacement of fitness equipment. 2. During the term of this MOU, City shall purchase $15,000.00 worth of additional physical fitness equipment for placement in fire stations. NBFA shall advise City of the fitness equipment to be purchased. 3. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All NBFA members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. 20 G. Required Uniform. City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. H. Court Standby Pay. NBFA members who, pursuant to Subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off -duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four hours of pay for each eight hours of court standby time. NBFA members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. SECTION S. - Miscellaneous Provisions. A. Schedule. The City shall have the right to designate a 14 day or 28 day work period pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not affect the City's obligation to pay overtime pursuant to provisions of this MOU including the provisions of Section 1(c)1. B. Overtime - Hours Worked . Overtime shall consist of authorized work in excess of the normal number of hours in any scheduled work shift or work in excess of the maximum number of hours permitted by the United States Department of Labor regulations for a 28 day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave shall be considered as hours worked for the purposes of determining eligibility for overtime pay pursuant to the Fair Labor Standards Act and/or Department of Labor regulations. 21 C. Dues Checkoff. NBFA members shall have the right to authorize the City to deduct regular monthly NBFA dues from their bi-weekly paycheck. The City shall deduct payment of NBFA dues when the employee has authorized such deduction and City shall remit all payments to NBFA in accordance with the terms of each member's authorization. D. Flex Leave/Vacation Leave Access. The City and NBFA shall continue to meet and confer regarding current restrictions on access to Flex Leave and Vacation Leave and, specifically, modifications that would allow Flex Leave and Vacation Leave to be taken in 12 hours increments. City and NBFA shall split the cost of implementing any modified plan including that associated with the development of any software, provided, however, in no event shall the cost to the City exceed $3,500.00. E. Fire Suppression Staffing Levels. The City shall not reduce current staffing levels for fire suppression Equipment during the term of this MOU. The City believes that appropriate staffing levels call for three fire suppression personnel for each engine company and four fire suppression personnel for each truck company. The City shall achieve appropriate staffing levels when the City's financial situation returns to normal and the employee hiring freeze is rescinded. F. Vacation Selection System. The City has implemented a vacation selection system (VSS) which phased out mandatory scheduling for vacation relief in favor of leave coverage by paying overtime to other members occupying the same position. The City commits to maintain VSS subject to budgetary constraints outlined in this Section. The City shall, for each fiscal year during the term of this MOU, adopt a budget which provides for the payment of overtime specifically for the purpose of implementing VSS. The amount to be budgeted shall be calculated by computing the Vacation/Flex leave/Holiday time (leave) normally accrued by each member during a fiscal year (total annual leave) multiplying total annual leave, by that member's overtime rate of pay (value of leave) and then adding the value of leave for each NBFA member. Each member's overtime rate of pay shall be calculated on the basis of the member's highest anticipated rate of pay during the upcoming 22 fiscal year. The total "value of leave" for all members shall be identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this MOU, the Fire Chief shall have the sole discretion to take whatever action may be necessary to reduce overtime payments, including the temporary reduction of staffing levels or personnel, in the event payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund during the first three months of the fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of the fund during the first nine months of the fiscal year. G. Jury Duty. NEFA members who are assigned to line positions and are called to jury duty shall be excused for each 24 hour shift during which the member is required to attend court and sit on a jury or await assignment. H. EMT Certification. All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief in an attempt to schedule a makeup session, provided, however, members may view one videotaped class to make up for an absence from a regularly scheduled class. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. 2. Reductions in Force/Layoffs. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions. (a) "Layoffs" or "Laid off" shall mean the non- 23 disciplinary termination of employment. (b) "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted permanent status, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (iii) For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. (c) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part- time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). (d) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (e) "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee 24 shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only those positions the employee has previously held with the Department. 2. Procedures. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (a) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (b) Employees within a Classification shall be laid off in inverse order of seniority; (c) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. (d) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice. Employees subject to lay-off shall be given at least thirty 25 (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 4. Re -Employment. Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re- employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Personnel Director. 5. Severance Pay. Permanent employees who are laid off shall, as of the date of lay-off, receive one week severance pay for each year of continuous service with the City of Newport Beach. J. Re -opener. (1) NBFA shall have the right to re -open this MOU to discuss three non -total compensation issues and the other re - opener specified in subparagraph 2 of this section. NBFA shall notify the City in writing on or before October 1, 1993 of its intent to re -open and the specific subjects to be discussed. (2) City acknowledges that NBFA, during negotiations prior to agreement on the 1993-1995 MOU ask for an "across the board" pay increase rather than an additional step and that NBFA accepted the step increase because the City agreed to meet and confer, prior to January 1, 1995 regarding the elimination of a pay step to shorten the time from entry level to top step. (3) City and NBFA also agree to reopen this MOU to discuss modifications to the layoff procedures including a provision that the Fire Chief, with the consent of the employee and approval of the City Manager, may assign an 26 • employee to a temporary position in lieu of layoff without prejudice to the employee's reemployment rights. K. Amortizing Payroll System. The City shall establish an amortizing payroll system which will ensure that compensation and benefits due to members will come to the extent possible, be paid or conferred in twenty six (26) equal bi-weekly installments during each calendar year. L. progressive Discipline Plan. City and NBFA shall develop a Progressive Discipline Plan to be incorporated, by reference. into this MOU. 27 Executed this day of By: By: CITY OF IEWPORT BEACH 1994: �FA Clarenc-. + . Turner Mayor ATTEST: By:4,4 W Wanda Raggio, City ° Clerk APPROVED AS TO FORM: /Robert H. Burnham, City Attorney wb\nbfa.mou 7-25-94,GJB 28 C-2060 r • 92-93 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION 1992-1993 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU" ) is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter referred to as the "NBFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFA (hereinafter referred to as "EMPLOYEES") for the 1992-1993 Fiscal Year. B. NBFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1992-93 Fiscal Year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 30, 1992, subject to approval by the City Council of the City of Newport Beach, as follows: 92-93 ,SALARIES AND WAGES The NBFA will concede a salary adjustment, understanding that the City is currently in a difficult financial position which has been brought on by the recession and complicated by the State's budget crisis. It is the City's intent to maintain its compensation policy in a form which assures that, subject to budgetary considerations and constraints imposed upon the City by a limitation in municipal revenues, employees of the City will receive wages and benefits comparable to those paid by the highest paying agencies in Orange County. During the life of this MOU, the City will develop a system for the direct deposit of paychecks to the participating Federal Wire Service Bank of the employee's choice. SPECIAL ASSIGNMENT PAY -FIRE PREVENTION BUREAU There will be a special allocation made within the context of the J-1 economic offer which assigns an additional 5% to the base income of one member of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspector Al Haskell. (1986-1987/1990-1991) AMORTIZATION OF PAY The CITY shall establish an amortizing payroll system which will level the payment of regularly scheduled work time into 26 equal installments. (1989-1990) HAZARDOUS MATERIALS RESPONSE TEAM BONUS Certified members of the Hazardous Materials response team shall receive an assignment bonus of $200.00 per month. (1989- 1990/1990-1991) 2 92-93 40 HOUR WORK WEEK ASSIGNMENTS The Fire Chief may assign personnel on a 56 hour work week, to administrative positions on a 40 hour work, as needed. Pay and benefits will be adjusted to the 40 hour equivalent, using a 40/56 conversion formula. See "Flex -Leave Accrual article " (1990-1991) ,SHIFT HOLD -OVER Section 602.7.3.3. of the CITY'S personnel manual shall be modified in the following manner: CHANGE _________," the employee shall receive a minimum of three (3) hours compensation for first and one (1) hour compensation for each hour thereafter." TO , the employee shall be compensated at the rate of one (1) hour's compensation for each hour worked, and will be compensated at time and one half if the event causes the individual to exceed the 7K limit for the F.L.S.A. work period (1989-1990) DUES CHECK -OFF Newport Beach agrees to check -off for the payment of the regular monthly NBFA dues, and to deduct such payment from the wages of all NBFA members and employees when authorized to do so by said members and employees, and remit such payments to the NBFA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBFA shall constitute payment of said dues by such members and employees of the NBFA. (1975-1976) COURT STAND-BY Court stand-by pay shall be increased from one (1) hour paid for eight (8) hours of court stand-by time, to four (4) hours of pay for eight (8) hours of stand-by time. (1985-1986) 92-93 TILLERMAN ASSIGNMENT BONUS City agrees to pay five percent (5%) bonus to firefighters assigned to work a full twenty-four (24) hour shift as Tillerman. (1981-1982) SCHOLASTIC ACHIEVEMENT PLAT{ Effective July 1,1992, NBFA members shall receive Scholastic Achievement Pay as shown in the following schedule: Years of College Monthly Service Semester/Unit Comp. 2 3 0 $70.00 3 3 0 70.00 3 6 0 100.0 3 9 0 130.00 4 3 0 70.00 4 6 0 100.00 4 9 0 135.00 4 120 175.00 4 B.A./B.S 225.00 (1983-1984/1992-1993) FLEX LEAVE POI,ICYLFLREFIGHTER The CITY has offered to modify the current policies regarding sick and vacation leave into a Flex Leave Policy. Participation in the Flex Leave program will be available to NBFA members on a voluntary basis, with all new hires placed in this program. Enrollment must be concluded by November 30, 1990. (1991-1992) 4 • • 92-93 Basis for Flex Leave Accrual/Full-time Employees Permanent, full-time employees hired after January 1, 1991, and represented by the NBFA will earn Flex Leave according to the following schedule. Permanent, full-time employees hired before January 1, 1991, and represented by the NBFA may elect to join the Flex Leave Program or remain in the existing Vacation and Sick Leave programs. The City and the NBFA agree to allow for a one time reverse enrollment from the flex -leave system back to the traditional vacation/sick leave system. Any employee wishing to return to the traditional system will be credited with any difference in Sick Leave accrual as well as a corresponding reduction in Vacation accrual, which was caused by enrollment in the Flex -Leave program. During the term of this MOU the City will continue to seek modification of the Flex -Leave program so as to meet the Reporting of Compensation requirements of the Public Employees Retirement System. FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 56 HOUR HEEK Years of continuous service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Leave hours/mo. hours/pp 19 21 23 25 27 29 31 8.77 9.69 10.62 11.54 12.46 13.39 14.31 Holiday hours/yr 132 132 132 132 132 132 132 5 92-93 FLEX LEAVE ACCRUTAI, FOR PERSONNEL WORKING A 40 HOUR HEEL Years of continuous Leave hours/pay per. 1 service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.26 6.92 7.59 8.24 8.89 9.56 10.22 During the first six months of employment, new permanent, full- time employees will not accrue Flex Leave. At the completion of six months of employment Flex Leave equal to six (6) months accrual will be placed in the employees account. From months six (6) through twelve (12) of employment, the accrual will be monthly. Note: If an employee becomes sick in the first six (6) months employment, the CITY will advance up to six (6) months accrual of Flex Leave time to be used for illness only. If the employee terminates employment prior to six (6) months, the City will subtract the pay equivalent of the number of Flex Leave days advanced from the employee's final check. Any Flex Leave time advanced during the first six (6) months of employment will be subtracted from the accrual placed in the employee's account upon completion of six (6) months employment. Transition Period On January 1, 1991, existing accrued vacation time will become Flex Leave on an hour for hour basis. Existing sick leave will be "banked". Sick leave that is banked will be subject to the same rules for use as are presently in effect with the exception that after the January 1, 1991, "banked" sick leave may only be accessed for • • 92-93 unscheduled absences of greater than 12 hours for 56 hour personnel and 8 hours for 40 hour personnel. The term "same rules" includes the existing provisions for payout termination (see section 703.8 of the personnel resolution). (1991-1992) J.imit on Accumulation Employees may accrue Flex Leave up to an accumulated total equal to three years accrual - Example: an employee with ten (10) years of service may accrue a total of 828 hours (23 hours x 36 months). Any Flex Leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Method of Use Flex Leave may not be taken in excess of that actually accrued. The Department Director shall approve all requests for scheduled Flex ave taking into consideration the needs of the Department, and when possible, the seniority and wishes of the employee. Any fraction over an hour should be charged to the next one -tenth of an hour. Absences due to illness will be charged to the Flex Leave Account unless the employee requests and approval is granted by the Chiefs office for the time to be charged to their Sick Leave Bank. This request must be made when notifying your supervisor of the need to be absent for an illness. If the request is not made due to an emergency, a request for change must be submitted to the Fire Chief for his review and determination before the end of the following pay period. Changes after that time will not be approved. For personnel assigned to a fifty-six (56) hour work week schedule, who may be assigned to a forty (40) hour work week schedule in the same department, pay for flex -leave accrual rates will be converted at the ratio of 40/56 and when personnel are reassigned from the forty (40) hour schedule back to a fifty-six (56) hour schedule the conversion ratio shall be 56/40 7 92-93 Payment upon Termination Any employee who accrued Flex Leave and whose employment terminates shall be compensated for such accrued Flex Leave at the hourly equivalent of the salary he/she was receiving at the time of termination. Suppression Manning The City and the NBFA agree not to reduce current equipment manning levels for suppression equipment for the life of this M.O.U. On the basis of safety, it will be the City's intent to provide three (3) personnel on Engine Companies and four (4) personnel on Truck Companies. The difference in manning levels between those presently in effect and those listed above will be adjusted when the City's financial situation returns to normal and the employee hiring freeze is rescinded. (1992-1993) VACATION SELECTION SYSTEM The City approves of the establishment of a pilot program modifying the Fire Department's Vacation Selection System (VSS). The goal of the new VSS is to gradually, through attrition, phase out mandatory scheduling for vacation relief in favor of substitution by hired overtime. (Application to all members could be done without attrition if agreed by the Fire Chief and the NBFA). The rules governing VSS shall be developed by the Fire Chiefs office and authorized representative of the NBFA and shall be subject to the approval of the Fire Chief. The pilot VSS shall begin within 30 days after agreement has been reached on the governing rules. The program is subject to cancellation, at any time, if it is determined by the Fire Chief to be a contributing factor to reductions in departmental effectiveness or morale. Effective with the adoption of this MOU, the City will establish VSS as a permanent program, eliminating it from its pilot status. Annually, the City will also budget overtime specifically for the 8 92-93 purpose of funding the VSS program. The budgeting method will be to calculate the regular "vacation/flex-leave/holiday" eligibility for the entire NBFA membership, convert that number from hours to dollars, and use that number to budget the overtime for the VSS program. If the actual usage of VSS hours exceeds the budgeted figure by quarterly milestones, the Fire Chief may use whatever management controls he deems to be appropriate for reducing overtime, including the temporary reduction of staffing. (1989-1991) HOLIDAYS New employees hired by the Newport Beach Fire Department shall be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous employment, they shall be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). Employees shall be eligible to receive holiday pay only after they have been in active paid status for thirty (30) consecutive days. This reduction in eligibility shall NOT be greater than one day. The hours for each designated paid Holiday shall, at the time that they are accrued, be included in either the Vacation -Leave account or the Flex -Leave account respective of which Leave System the employee has participation. At the determination of the employee, holiday hours may be converted to pay at the employee's regular rate. (1988-1989/1992-1993) ,SICK I,F,AVF, Full-time, regular Fire Department employees that are not in the Flex Leave program shall accrue sick leave at the rate of twelve (12) hours per month. 9 92-93 FAMILY SICK LEAVE The City agrees to amend the provisions of the sick leave program currently applicable to affected employees to provide authorization to use: four (4) twelve (12) hour days for 56 hour personnel and five (5) eight (8) hour days for four (4) ten (10) hour days for 40 hour personnel, of accrued sick leave per calendar year for an illness of a dependent which requires the presence of the employee. The eligibility definition for "family sick leave" shall be changed from 'immediate family' to 'dependent'. This section applies only to those employees who have banked sick leave. (1982-1983) SICK LEAVE CONVERSION Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during the calendar year shall be permitted (only once per year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. Those sick leave days converted under the provisions of this Section shall reduce the employee's first 800 hours (1200 hours for Fire Personnel on a 12 hour shift) of the termination payoff eligibility described in Section 703.8 of the Personnel Resolution. BEREAVEMENT LEAVE Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." 10 • • 92-93 EMT CF,RTIFICATIOP( NBFA members shall be required to attend their regular departmental scheduled EMT recertification classes. If an NBFA member misses, or knows he will miss, his regularly scheduled EMT certification class, he must first contact the Fire Chiefs office and attempt to schedule himself into a make up session. If a make up session is not available within the department's program schedule, the NBFA member is responsible for seeking out and attending the make up session on his own time. (1989-1990) ANNUAL PHYSICAL/MEDICAL CERTIFICATION The health fitness assessment program shall be maintained on a voluntary basis. Fitness for duty reports (pass/fail) on participants will be sent to the Fire Chief. All sworn personnel are eligible to receive, by an approved vendor at CITY expense, a complete health fitness evaluation or a medical examination each year, and the employee's preference shall be the determining factor. The purpose of these evaluations is to annually assure that all affected personnel meet or exceed the City's minimum physical standards specified for their classification. Because the program is voluntary, NBFA members who choose to participate in the health fitness program may do so on their own time. The cost of the physical evaluations shall not be considered to be part of the total compensation for the purpose of calculating J-1 Policy. (1988-1989/1990-1991) PHYSICAL CONDITIONING EQUIPMENT The CITY shall acquire six (6) Lifecycles and two (2) Lifesteps to be assigned to the fire stations to assist fire personnel in maintaining their physical fitness (equipment specifications to be developed by 11 92-93 the NBFA and approved by the Fire Chief). The CITY shall also budget $5000.00 per year for maintenance, repair, improvement and replacement of this equipment. (1989-1990) Additionally; during the contract year of 1992-93, the City agrees to purchase additional equipment for the station fitness centers, to a maximum of $15,000. Selection of said equipment will be at the discretion of the NBFA. (1992-1993) MEDICAL ADVISORY COMMITTEE Effective July 1, 1989, the CITY shall meet with a medical - dental advisory committee during the months of July, November, January and May. The committee shall be comprised of one representative from each bargaining unit and up to three (3) management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. The NBFA and the City worked together in the selection of a new health care provider. This process involved participation in the Medical Advisory Committee, and further dialog at the bargaining table. HEALTH CARE PLAN CAP Effective July 1, 1989, the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. J,IMITED VISION CARE PLAN Limited Vision Care Plan shall be added to the city's Indemnity Health Insurance Plan. (1985-1986) 12 92-93 DENTAL The annual maximum benefit under the indemnity dental plan shall be increased from $750.00 to $1000.00. (1986-1987) STD/LTD PLAN (Short Term/Long Term Disability Insurance) The following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more sick leave hours for 56 hour personnel (or 160 or more for 40 hour personnel) have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan without using Flex leave hours. 4. All others must use at least five (5) days or one-third of available Flex Leave, whichever is greater, before opting to use the disability plan. 5. In all cases there is a five (5) working day waiting period for use of the disability plan. Employees without accumulated sick or Flex leave must be away from work for five (5) scheduled days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or Flex or combination) of 120 hours but less than 240 hours (80 hours but less than 160 for 40 hour employees)-50% paid. Accrued leave (sick or Flex or combination) of 240 hours or more (160 hours or more for 40 hour employees) - 100% paid. 7. Whenever an employee on a 56 hour week has maintained at least 240 hours (160 hours for 40 hour employees) of accrued leave benefits during a consecutive two (2) year period and has 13 92-93 earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued leave benefits the employee maintains. 8. The ceiling on insured income under the Short Term/Long Term Plan shall be increased to $7500 per month for non -industrial claims. The maximum benefit shall be up to $5000 per month. Disabilities resulting from industrial injuries shall be maintained at the current limit of $2625 per month, with a maximum benefit of $1750 per month. (1988-1989) UNIFORM COSTS Newport Beach agrees to pay the entire cost of the required uniform. This will include safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, turnout safety clothing, work out shirts and trunks. The employee will be responsible for optional approved clothing. This will include socks, underwear, cap, work out sweat pants and shirt and work out shoes. ,SAFETY SHOES The NBFA Association agrees to abide by the Newport Beach Fire Department's safety regulations which include the wearing of approved safety shoes while on duty, as well as when answering any calls for service as required in the line of duty. (1990-1991) "WORK-OUT" APPAREL The Newport Beach Fire Department agrees to outfit each NBFA member that works in suppression with required "work-out" apparel. The NBFA agrees that after 4:00 P.M. that its members will be wearing the approved "work-out" apparel or the approved NBFD uniform. (1990-1991) 14 92-93 RETIREMENT The City Council agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 21252.01 of the California Government Code, referred to as the 2% @ 50 retirement formula. The effective date of this Amendment will be on or before June 30, 1978. (1977-1978) R'.E.R.S. PICKUP The City shall pay each Employees' "Safety Member" contribution to the Public Employees Retirement System (P.E.R.S.), not to exceed nine percent (9%) of the compensation based upon which retirement contributions are calculated. NBFA acknowledges that CITY is paying this increased percentage of the P.E.R.S. contribution rate, pursuant to a specific request of NBFA to so do, and that payment of this increased percentage of the P.E.R.S. contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with P.E.R.S. (1983-1984) MILITARY BUY-BACK City shall elect to be subject to the provisions of California Government Code Section 20930.3. (197801979) HIGHEST YEAR RETIREMENT BENEFIT The CITY shall modify its contract with P.E.R.S to allow for the best/highest year calculation. The CITY shall pay the total extra cost of the highest year benefit for the first year and phase it into total comp. at the rate of 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so, shall be given the irrevocable opportunity to wave the employer paid employee 15 • • 92-93 contribution to P.E.R.S. and elect to pay their own P.E.R.S contribution. (1992-1993) RETIREE HEALTH INSURANCE PLAN The City and NBFA agree to provide a Retiree Health Insurance Plan through the City's indemnity Health plan carrier. NBFA agrees to pay it's share of the overall cost of 25% of the retiree's health insurance premiums born by the active employees of the City. (1984-1985) OTHER TERMS AND CONDITIONS OF EMPLOYMENT Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. CONCLUSIVENESS OF MEMORANDUM This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of the MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and set forth herein. DURATION The terms of this MOU are to remain in full force and effect from June 30, 1992, until the 1st day of July 1993, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of requests for 16 • • 92-93 the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. $F.PARABILITY Should any part of the MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, the CITY agrees to provide alternative benefits agreeable to NBFA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 17 92-93 Executed this 22nd day of February , 1993 NEWPORT BEACH FIREFIGHTERS ASSOCIATION By Todd Knipp By _ Craig Cha CITY pf -NEW'PORT BEACH By Duane Munson By Dennis By Ken Delino anner M ay o r ( ATTEST: City Clerk By Tony DeTevis 18 APPROVED AS TO FORM: • • 91-92 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION 1991-1992 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU" ) is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter referred to as the "NBFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFA (hereinafter referred to as "EMPLOYEES") for the 1991-1992 Fiscal Year. B. NBFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1991-92 Fiscal Year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 30, 1991, subject to approval by the City Council of the City of Newport Beach, as follows: 1 91-92 SALARIES AND WAGES Effective June 30, 1991, CITY and NBFA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as "Appendix A". The City will submit a written proposal intended to clarify the J-1 Policy language to all city employee associations, by either the 1st of September, 1991, or 60 days after the signing of the last M.O.U. (of the 91-92 negotiating season), which ever is later. Following the submission of the City's proposal, authorized City representatives will engage in meet and confer dialog with association representatives in an effort to gain feedback for the City Council as it proceeds toward a 1991 revision of the J-1 Policy. Following the dialog between the representatives of the City and the associations, the City Council shall vote to adopt a revised form of the J-1 Policy before the end of the calendar year. (1991) SPECIAL ASSIGNMENT PAY -FIRE PREVENTION BUREAU There will be a special allocation made within the context of the J-1 economic offer which assigns an additional 5% to the base income of one member of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspector Al Haskell. (1986-1987/1990-1991) AMORTIZATION OF PAY The CITY shall establish an amortizing payroll system which will level the payment of regularly scheduled work time into 26 equal installments. (1989-1990) 2 91-92 HAZARDOUS MATERIALS RESPONSE TEAM BONUS Certified members of the Hazardous Materials response team shall receive an assignment bonus of $200.00 per month. (1989- 1990/1990-1991) 40 HOUR WORK WEEK ASSIGNMENTS The Fire Chief may assign personnel on a 56 hour work week, to administrative positions on a 40 hour work, as needed. Pay and benefits will be adjusted to the 40 hour equivalent, using a 40/56 conversion formula. See "Flex -Leave Accrual article " (1990-1991) SHIFT HOLD -OVER Section 602.7.3.3. of the CITY'S personnel manual shall be modified in the following manner: CHANGE ," the employee shall receive a minimum of three (3) hours compensation for first and one (1) hour compensation for each hour thereafter." _____ TO , the employee shall be compensated at the rate of one (1) hour's compensation for each hour worked, and will be compensated at time and one half if the event causes the individual to exceed the 7K limit for the F.L.S.A. work period (1989-1990) DUES CHECK -OFF Newport Beach agrees to check -off for the payment of the regular monthly NBFA dues, and to deduct such payment from the wages of all NBFA members and employees when authorized to do so by said members and employees, and remit such payments to the NBFA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBFA shall constitute payment of said dues by such members and employees of the NBFA. (1975- 1976) 3 91-92 COURT STAND-BY Court stand-by pay shall be increased from one (1) hour paid for eight (8) hours of court stand-by time, to four (4) hours of pay for eight (8) hours of stand-by time. (1985-1986) TILLERMAN ASSIGNMENT BONUS City agrees to pay five percent (5%) bonus to firefighters assigned to work a full twenty-four (24) hour shift as Tillerman. (1981-1982) SCHOLASTIC ACHIEVEMENT PLAN NBFA members shall receive Scholastic Achievement Pay as shown in the following schedule: Years of College Job Related Monthly Service Semester/Unit Units Comp. 2 30 18 $ 60.00 3 3 0 18 60.00 3 6 0 2 7 90.00 3 9 0 3 6 120.00 4 3 0 18 60.00 4 6 0 2 7 90.00 4 9 0 3 6 120.00 4 120 45 150.00 (1983-1984/1990-1991) 4 • • 91-92 FLEX LEAVE POLICY/FIREFIGHTER The CITY has offered to modify the current policies regarding sick and vacation leave into a Flex Leave Policy. Participation in the Flex Leave program will be available to NBFA members on a voluntary basis, with all new hires placed in this program. Enrollment must be concluded by November 30, 1990. (1991-1992) Basis for Flex Leave Accrual/Full-time Employees Permanent, full- time employees hired after January 1, 1991, and represented by the NBFA will earn Flex Leave according to the following schedule. Permanent, full-time employees hired before January 1, 1991, and represented by the NBFA may elect to join the Flex Leave Program or remain in the existing Vacation and Sick Leave programs. FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 56 HOUR WEEK Years of continuous service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Leave Leave hours/mo. hours/pp 19 21 23 25 27 29 31 8.77 9.69 10.62 11.54 12.46 13.39 14.31 Holiday hours/yr 132 132 132 132 132 132 132 5 • • 91-92 FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 40 HOUR WEEK Years of continuous Leave hours/pay per. service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 6.26 6.92 7.59 8.24 8.89 9.56 10.22 During the first six months of employment, new permanent, full-time employees will not accrue Flex Leave. At the completion of six months of employment Flex Leave equal to six (6) months accrual will be placed in the employees account. From months six (6) through twelve (12) of employment, the accrual will be monthly. Note: If an employee becomes sick in the first six (6) months employment, the CITY will advance up to six (6) months accrual of Flex Leave time to be used for illness only. If the employee terminates employment prior to six (6) months, the City will subtract the pay equivalent of the number of Flex Leave days advanced from the employee's final check. Any Flex Leave time advanced during the first six (6) months of employment will be subtracted from the accrual placed in the employee's account upon completion of six (6) months employment. Transition Period On January 1, 1991, existing accrued vacation time will become Flex Leave on an hour for hour basis. Existing sick leave will be "banked". Sick leave that is banked will be subject to the same rules for use as are presently in effect with the exception that after the January 1, 1991, "banked" sick leave may only be accessed for unscheduled 6 91-92 absences of greater than 12 hours for 56 hour personnel and 8 hours for 40 hour personnel. The term "same rules" includes the existing provisions for payout termination (see section 703.8 of the personnel resolution). (1991-1992) Limit on Accumulation Employees may accrue Flex Leave up to an accumulated total equal to three years accrual - Example: an employee with ten (10) years of service may accrue a total of 828 hours (23 hours x 36 months). Any Flex Leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Method of Use Flex Leave may not be taken in excess of that actually accrued. The Department Director shall approve all requests for scheduled Flex ave taking into consideration the needs of the Department, and when possible, the seniority and wishes of the employee. Any fraction over an hour should be charged to the next one -tenth of an hour. Absences due to illness will be charged to the Flex Leave Account unless the employee requests and approval is granted by the Chiefs office for the time to be charged to their Sick Leave Bank. This request must be made when notifying your supervisor of the need to be absent for an illness. If the request is not made due to an emergency, a request for change must be submitted to the Fire Chief for his review and determination before the end of the following pay period. Changes after that time will not be approved. For personnel assigned to a fifty-six (56) hour work week schedule, who may be assigned to a forty (40) hour work week schedule in the same department, pay for flex -leave accrual rates will be converted at the ratio of 40/56 and when personnel are reassigned from the forty (40) hour schedule back to a fifty-six (56) hour schedule the conversion ratio shall be 56/40. 7 91-92 Payment upon Termination Any employee who accrued Flex Leave and whose employment terminates shall be compensated for such accrued Flex Leave at the hourly equivalent of the salary he/she was receiving at the time of termination. VACATION SELECTION SYSTEM The CITY approves of the establishment of a pilot program modifying the Fire Department's Vacation Selection System (VSS). The goal of the new VSS is to gradually, through attrition, phase out mandatory scheduling for vacation relief in favor of substitution by hired overtime. (Application to all members could be done without attrition if agreed by the Fire Chief and the NBFA). The rules governing VSS shall be developed by the Fire Chief's office and authorized representative of the NBFA and shall be subject to the approval of the Fire Chief. The pilot VSS shall begin within 30 days after agreement has been reached on the governing rules. The program is subject to cancellation, at any time, if it is determined by the Fire Chief to be a contributing factor to reductions in departmental effectiveness or morale. Effective with the adoption of this MOU, the CITY will establish VSS as a permanent program, eliminating it from its pilot status. Annually, the CITY will also budget overtime specifically for the purpose of funding the VSS program. The budgeting method will be to calculate the regular "vacation/flex-leave/holiday" eligibility for the entire NBFA membership, convert that number from hours to dollars, and use that number to budget the overtime for the VSS program. If the actual usage of VSS hours exceeds the budgeted figure by quarterly milestones, the Fire Chief may use whatever management controls he deems to be appropriate for reducing overtime, including the temporary reduction of staffing. (1989-1991) HOLIDAYS New employees hired by the Newport Beach Fire Department shall be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous 8 91-92 employment, they shall be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). Employees shall be eligible to receive holiday pay only after they have been in active paid status for thirty (30) consecutive days. This reduction in eligibility shall NOT be greater than one day. (1988- 1989) SICK LEAVE Full-time, regular Fire Department employees that are not in the Flex Leave program shall accrue sick leave at the rate of twelve (12) hours per month. FAMILY SICK LEAVE The City agrees to amend the provisions of the sick leave program currently applicable to affected employees to provide authorization to use: four (4) twelve (12) hour days for 56 hour personnel and five (5) eight (8) hour days for four (4) ten (10) hour days for 40 hour personnel, of accrued sick leave per calendar year for an illness of a dependent which requires the presence of the employee. The eligibility definition for "family sick leave" shall be changed from 'immediate family' to 'dependent'. This section applies only to those employees who have banked sick leave. (1982-1983) SICK LEAVE CONVERSION Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during the calendar year shall be permitted (only once per year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. 9 91-92 Those sick leave days converted under the provisions of this Section shall reduce the employee's first 800 hours (1200 hours for Fire Personnel on a 12 hour shift) of the termination payoff eligibility described in Section 703.8 of the Personnel Resolution. BEREAVEMENT LEAVE Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." EMT CERTIFICATION NBFA members shall be required to attend their regular departmental scheduled EMT recertification classes. If an NBFA member misses, or knows he will miss, his regularly scheduled EMT certification class, he must first contact the Fire Chiefs office and attempt to schedule himself into a make up session. If a make up session is not available within the department's program schedule, the NBFA member is responsible for seeking out and attending the make up session on his own time. (1989-1990) ANNUAL PHYSICAL/MEDICAL CERTIFICATION The health fitness assessment program shall be maintained on a voluntary basis. Fitness for duty reports (pass/fail) on participants will be sent to the Fire Chief. All sworn personnel are eligible to receive, by an approved vendor at CITY expense, a complete health fitness evaluation one year and a medical examination the next year on an alternating basis. The purpose of these evaluations is to annually assure that all affected personnel meet or exceed the City's minimum physical standards specified for their classification. 10 91-92 Because the program is voluntary, NBFA members who choose to participate in the health fitness program may do so on their own time. The cost of the physical evaluations shall not be considered to be part of the total compensation for the purpose of calculating J-1 Policy. (1988-1989/1990-1991) PHYSICAL CONDITIONING EQUIPMENT The CITY shall acquire six (6) Lifecycles and two (2) Lifesteps to be assigned to the fire stations to assist fire personnel in maintaining their physical fitness (equipment specifications to be developed by the NBFA and approved by the Fire Chief). The CITY shall also budget $5000.00 per year for maintenance, repair, improvement and replacement of this equipment. (1989-1990) MEDICAL ADVISORY COMMITTEE Effective July 1, 1989, the CITY shall meet with a medical -dental advisory committee during the months of July, November, January and May. The committee shall be comprised of one representative from each bargaining unit and up to three (3) management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. HEALTH CARE PLAN CAP Effective July 1, 1989, the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. 11 91-92 LIMITED VISION CARE PLAN Limited Vision Care Plan shall be added to the city's Indemnity Health Insurance Plan. (1985-1986) DENTAL The annual maximum benefit under the indemnity dental plan shall be increased from $750.00 to $1000.00. (1986-1987) STD/LTD PLAN Short Term/Long Term Disability Insurance The following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more sick leave hours for 56 hour personnel (or 160 or more for 40 hour personnel) have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan without using Flex leave hours. 4. All others must use at least five (5) days or one-third of available Flex Leave, whichever is greater, before opting to use the disability plan. 5. In all cases there is a five (5) working day waiting period for use of the disability plan. Employees without accumulated sick or Flex leave must be away from work for five (5) scheduled days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or Flex or combination) of 120 hours but less than 240 hours (80 hours but less than 160 for 40 hour employees)-50% paid. 12 91-92 Accrued leave (sick or Flex or combination) of 240 hours or more (160 hours or more for 40 hour employees) - 100% paid. 7. Whenever an employee on a 56 hour week has maintained at least 240 hours (160 hours for 40 hour employees) of accrued leave benefits during a consecutive two (2) year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued leave benefits the employee maintains. 8. The ceiling on insured income under the Short Term/Long Term Plan shall be increased to $7500 per month for non -industrial claims. The maximum benefit shall be up to $5000 per month. Disabilities resulting from industrial injuries shall be maintained at the current limit of $2625 per month, with a maximum benefit of $1750 per month. (1988-1989) UNIFORM COSTS Newport Beach agrees to pay the entire cost of the required uniform. This will include safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, turnout safety clothing, work out shirts and trunks. The employee will be responsible for optional approved clothing. This will include socks, underwear, cap, work out sweat pants and shirt and work out shoes. SAFETY SHOES The NBFA Association agrees to abide by the Newport Beach Fire Department's safety regulations which include the wearing of approved safety shoes while on duty, as well as when answering any calls for service as required in the line of duty. (1990-1991) 13 91-92 "WORK-OUT" APPAREL The Newport Beach Fire Department agrees to outfit each NBFA member that works in suppression with required "work-out" apparel. The NBFA agrees that after 4:00 P.M. that its members will be wearing the approved "work-out" apparel or the approved NBFD uniform. (1990-1991) RETIREMENT The City Council agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 21252.01 of the California Government Code, referred to as the 2% @ 50 retirement formula. The effective date of this Amendment will be on or before June 30, 1978. (1977-1978) P.E.R.S. PICKUP CITY shall pay each Employees' "Safety Member" contribution to the Public Employees Retirement System (P.E.R.S.), not to exceed nine percent (9%) of the compensation based upon which retirement contributions are calculated. NBFA acknowledges that CITY is paying this increased percentage of the P.E.R.S. contribution rate, pursuant to a specific request of NBFA to so do, and that payment of this increased percentage of the P.E.R.S. contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with P.E.R.S. (1983-1984) 14 91-92 MILITARY BUY-BACK City shall elect to be subject to the provisions of California Government Code Section 20930.3. (197801979) HIGHEST YEAR RETIREMENT BENEFIT The CITY shall modify its contract with P.E.R.S to allow for the best/highest year calculation. The CITY shall pay the total extra cost of the highest year benefit for the first year and phase it into total comp. at the rate of 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so, shall be allowed to pay their own P.E.R.S contribution in their last year of employment. (1989-1990) RETIREE HEALTH INSURANCE PLAN The City and NBFA agree to provide a Retiree Health Insurance Plan through the City's indemnity Health plan carrier. NBFA agrees to pay it's share of the overall cost of 25% of the retiree's health insurance premiums born by the active employees of the City. (1984-1985) OTHER TERMS AND CONDITIONS OF EMPLOYMENT Except as to those matters expressely covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. CONCLUSIVENESS OF MEMORANDUM This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of the MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues 15 • • 91-92 within the scope of representation, whether or not specifically conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and set forth herein. DURATION The terms of this MOU are to remain in full force and effect from June 30, 1991, until the 1st day of July 1992, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of requests for the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. SEPARABILITY Should any part of the MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, the CITY agrees to provide alternative benefits agreeable to NBFA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 16 91-92 Executed this / 9r - day of NEWPORT BEACH FIREFIGHTERS ASSOCIATION By 7 Richard D. Middlebrough B - By Craig Chastain CIT OF NEWPORT BEAC By Duane Munson By Denni Danner ATTEST: By City Clerk es Upton Dave Bowman APPROVED AS TO FORM: B y City Attorney I7 r • -zoeo MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION FOR 1989-1990 AND 1990-1991 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION hereinafter referred to as the "NBFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFA (hereinafter referred to as "EMPLOYEES" for the 1990-1991 Fiscal Year. B. NBFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1990-91 Fiscal Year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU to the City Council of the City of Newport Beach for approval. 1 NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 30, 1990, subject to approval by the City Council of the City of Newport Beach, as follows: SALARIES AND WAGES Effective June 30, 1990, CITY and NBFA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as "Appendix A". SPECIAL ASSIGNMENT PAY -FIRE PREVENTION BUREAU There will be a special allocation made within the context of the J-1 economic offer which assigns an additional 5% to the base income of one member of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspector Al Haskell. (1986- 1987/1990-1991) FLEX LEAVE The CITY has offered to modify the current policies regarding sick and vacation leave into a Flex Leave policy. Participation in the Flex Leave program will be available to NBFA members on a voluntary basis, with all new hires placed in this program. Enrollment must be concluded by November 30, 1990. The program will begin, for those who elect, on 2 December 29, 1990. (1990-1991) AMORTIZATION OF PAY The CITY shall establish an amortizing payroll system which will level the payment of regularly scheduled work time into 26 equal installments. (1989-1990) HAZARDOUS MATERIALS RESPONSE TEAM BONUS Certified members of the Hazardous Materials response team shall receive an assignment bonus of $200.00 per month. (1989-1990/1990-1991) 40 HOUR WORK WEEK ASSIGNMENTS The Fire Chief may assign personnel on a 56 hour work week, to administrative positions on a 40 hour work week, as needed. Pay and benefits will be adjusted to the 40 hour equivalent. (1990-1991) SHIFT HOLD -OVER Section 602.7.3.3 of the CITY's personnel manual shall be modified in the following manner: CHANGE ", the employee shall receive a minimum of three (3) hours compensation for first and one (1) hour 3 compensation for each hour thereafter." TO , the employee shall be compensated at the rate of one (1) hour's compensation for each hour worked, and will be compensated at time and one half if the event causes the individual to exceed the 7K limit for the F.L.S.A. work period (1989-1990) DUES CHECK -OFF Newport Beach agrees to a check -off for the payment of the regular monthly NBFA dues, and to deduct such payments from the wages of all NBFA members and employees when authorized to do so by said members and employees, and remit such payments to the NBFA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBFA shall constitute payment of said dues by such members and employees of the NBFA. (1975-1976) COURT STAND-BY Court stand-by pay shall be increased from one (1) hour paid for eight (8) hours of court stand-by time, to four hours of pay for eight (8) hours of stand-by time. (1985-1986) 4 TILLERMAN ASSIGNMENT BONUS City agrees to pay a five percent (5%) bonus to firefighters assigned to work a full twenty-four hour shift as Tillerman. (1981-1982) SCHOLASTIC ACHIEVEMENT PLAN NBFA members shall receive Scholastic Achievement Pay as shown in the following schedule: Years of College Job Related Service Semester Units Units Monthly Comp. 2 30 18 $ 60.00 3 30 18 60.00 3 60 27 90.00 3 90 36 120.00 4 30 18 60.00 4 60 27 90.00 4 90 36 120.00 4 120 45 150.00 1983-1984/1990-1991) 5 FLEX LEAVE POLICY/FIREFIGHTERS Basis for Flex Leave Accrual/Full-time Employees Permanent, full-time employees hired after January 1, 1991, and represented by the NBFA will earn Flex Leave according to the following schedule. Permanent, full-time employees hired before January 1, 1991, and represented by the NBFA may elect to join the Flex Leave Program or remain in the existing Vacation and Sick Leave programs. FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 56 HOUR WEEK Years of continuous Leave Leave Holiday service hours/ hours/ hours/ month pay period year 1 but less than 5 19 8.77 132 5 but less than 9 21 9.69 132 9 but less than 12 23 10.62 132 12 but less than 16 25 11.54 132 16 but less than 20 27 12.46 132 20 but less than 25 29 13.39 132 25 and over 31 14.31 132 FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 40 HOUR WEEK Years of: continuous Leave Leave hours/ hours/ month pay period 1 but less than 5 12.67 5.85 5 but less than 9 14 6.46 9 but less than 12 15.33 7.08 12 but less than 16 16.67 7.70 16 but less than 20 18 8.31 20 but less than 25 19.33 8.92 25 and over 20.67 9.54 During the first six months of employment, new permanent, full-time employees will not accrue Flex Leave. At the completion of six months of employment Flex Leave equal to 6 months accrual will be placed in the employees account. From 6 • • months six through 12 of employment, the accrual will be monthly. Note: If an employee becomes sick in the first six months of employment, the city will advance up to 6 months accrual of Flex Leave time to be used for illnesses only. If the employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of Flex Leave days advanced from the employee's final check. Any Flex Leave time advanced during the first six months of employment will be subtracted from the accrual placed in the employee's account upon completion of six months employment. Transition Period On January 1, 1991, existing accrued vacation time will become Flex Leave on an hour for hour basis. Existing sick leave will be "banked". Sick leave that is banked will be subject to the same rules for use as are presently in effect with the exception that after the January 1, 1991, "banked" sick leave may only be accessed for unscheduled absences of greater than 12 hours for 56 hour personnel and 8 hours for 40 hour personnel. The first 12/8 hours must be taken from Flex Leave. The term "same rules" includes the existing provisions for payoff at termination (see section 703.8 of the personnel resolution). Limit on Accumulation Employees may accrue Flex Leave up to an accumulated total equal to three years accrual - Example: an employee with 10 years of service may accrue a total of 828 hours (23 hours x 7 36 months). Any Flex Leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Method of Use Flex Leave may not be taken in excess of that actually accrued. The Department Director shall approve all requests for scheduled Flex Leave taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. Any fraction over an hour should be charged to the next one -tenth of an hour. The first 12 hours for 56 hour personnel, 8 hours for 40 hour personnel, taken off due to illness will be charged to the Flex Leave Account. Any additional time will also be charged to the Flex Leave Account unless the employee requests and approval is granted by the Chief's office for additional time be charged to their Sick Leave Bank. This request must be made when notifying your supervisor of the need to be absent for an illness. If the request is not made due to an emergency, a request for change must be submitted to the Fire Chief for his review and determination before the end of the following pay period. Changes after that time will not be approved. Payment upon Termination Any employee who accrued Flex Leave and whose employment terminates shall be compensated for such accrued Flex Leave at the hourly equivalent of the salary he/she was receiving • • at the time of termination. VACATION SELECTION SYSTEM The CITY approves of the establishment of a pilot program modifying the Fire Department's Vacation Selection System (VSS). The goal of the new VSS is to gradually, through attrition, phase out mandatory scheduling for vacation relief in favor of substitution by hired overtime. (Application to all members could be done without attrition if agreed by the Fire Chief and the NBFA). The rules governing VSS shall be developed by the Fire Chief's office and authorized representatives of the NBFA and shall be subject to the approval of the Fire Chief. The pilot VSS shall begin within 30 days after agreement has been reached on the governing rules. The program is subject to cancellation, at any time, if it is determined by the Fire Chief to be a contributing factor to reductions in departmental effectiveness or morale. (1989-1990) HOLIDAYS New employees hired by the Newport Beach Fire Department shall be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous employment, they shall be entitled to one (1) additional paid holiday, bringing the annual total 9 holiday pay entitlement to eleven (11). Employees shall be eligible to receive holiday pay only after they have been in active paid status for thirty (30) consecutive days. This reduction in eligibility shall NOT be greater than one day. (1988-1989) SICK LEAVE Full time, regular Fire Department employees that are not in the Flex Leave program shall accrue sick leave at the rate of 12 hours per month. FAMILY SICK LEAVE The City agrees to amend the provisions of the sick leave program currently applicable to affected employees to provide authorization to use: four (4) twelve (12) hour days for 56 hour personnel and five (5) eight (8) hour days or four (4) ten (10) hour days for 40 hour personnel, of accrued sick leave per calendar year for an illness of a dependent which requires the presence of the employee. The eligibility definition for "family sick leave" shall be changed from 'immediate family' to 'dependent'. This section applies only to those employees who have banked sick leave. (1982-1983) 10 SICK LEAVE CONVERSION Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during the calendar year shall be permitted (only once per year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. (1987-1988) Those sick leave days converted under the provisions of this Section shall reduce the employee's first 800 hours (1200 hours for Fire Personnel on a 12 hour shift) of the termination payoff eligibility described in Section 703.8 of the Personnel Resolution. BEREAVEMENT LEAVE Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." 11 EMT CERTIFICATION NBFA members shall be required to attend their regular departmental scheduled EMT recertification classes. If an NBFA member misses, or knows he will miss, his regularly scheduled EMT certification class, he must first contact the Fire Chief's office and attempt to schedule himself into a make up session. If a make up session is not available within the department's program schedule, the NBFA member is responsible for seeking out and attending the make up session on his own time. (1989-1990) ANNUAL PHYSICAL/MEDICAL CERTIFICATION The health fitness assessment program shall be maintained on a voluntary basis. Fitness for duty reports (pass/fail) on participants will be sent to the Fire Chief. All sworn personnel are eligible to receive, by an approved vendor at CITY expense, a complete health fitness evaluation one year and a medical examination the next year on an alternating basis. The purpose of these evaluations is to annually assure that all affected personnel meet or exceed the City's minimum physical standards specified for their classification. Because the program is voluntary, NBFA members who choose to participate in the health fitness program may do so on their own time. The cost of the physical evaluations shall not be 12 considered to be part of the total compensation for the purpose of calculating J-1 Policy. (1988-1989/1990-1991) PHYSICAL CONDITIONING EQUIPMENT The CITY shall acquire 6 Lifecycles and 2 Lifesteps to be assigned to the fire stations to assist fire personnel in maintaining their physical fitness (equipment specifications to be developed by the NBFA and approved by the Fire Chief). The CITY shall also budget $5000.00 per year for maintenance, repair, improvement and replacement of this equipment. (1989-1990) MEDICAL ADVISORY COMMITTEE Effective July 1, 1989, the CITY shall meet with a medical - dental advisory committee during the months of July, November, January and May. The committee shall of one representative from each bargaining unit management representatives. shall include, determination Committee advisory be comprised and up to 3 functions of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. 13 HEALTH CARE PLAN CAP Effective July 1, 1989, the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. LIMITED VISION CARE PLAN Limited Vision Care Plan shall be added to the city's Indemnity Health Insurance Plan. (1985-1986) DENTAL The annual maximum benefit under the indemnity dental plan shall be increased from $750.00 to $1,000.00. (1986-1987) STD/LTD PLAN Short Term/Long Term Disability Insurance The following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more sick leave hours for 56 hour personnel (or 160 or more for 40 hour personnel) have been used by an employee for the illness that exhausts the sick leave 14 ii bank, the employee may opt to go immediately into the disability plan without using Flex leave hours. 4. All others must use at least five days or one-third of available Flex Leave, whichever is greater, before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick or Flex leave must be away from work for five scheduled days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or Flex or combination) of 120 hours but less than 240 hours (80 hours but less than 160 for 40 hour employees) - 50% paid. Accrued leave (sick or Flex or combination) of 240 hours or more (160 hours or more for 40 hour employees) - 100% paid. 7. Whenever an employee on a 56 hour week has maintained at least 240 hours (160 hours for 40 hour employees) of accrued leave benefits during a consecutive two year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued leave benefits the employee maintains. 15 8. The ceiling on insured income under the Short- term/Long-term Plan shall be increased to $7500 per month for non -industrial claims. The maximum benefit shall be up to $5000 per month. Disabilities resulting from industrial injuries shall be maintained at the current limit of $2625 per month, with a maximum benefit of $1,750 per month. (1988-1989) UNIFORM COSTS Newport Beach agrees to pay the entire cost of the required uniform. This will include safety shoes, badges and insignias, uniform pants, uniform shirt, uniform jacket and liner, belt, turnout safety clothing, work out shirt and trunks. The employee will be responsible for optional approved clothing. This will include socks, underwear, cap, work out sweat pants and shirt and work out shoes. SAFETY SHOES The NBFA Association agrees to abide by the Newport Beach Fire Department's safety regulations which include the wearing of approved safety shoes while on duty, as well as when answering any calls for service as required in the line of duty. (1990-1991) 16 • • "WORK-OUT" APPAREL The Newport Beach Fire Department agrees to outfit each NBFA member that works in suppression with required "work out" apparel. The NBFA agrees that after 4:00 P.M. that its members will be wearing the approved "work out" apparel or the approved NBFD uniform. (1990/1991) RETIREMENT The City Council agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 21252.01 of the California Government Code, referred to as the 2% @ 50 retirement formula. The effective date of this Amendment will be on or before June 30, 1978. (1977-78) P.E.R.S. PICKUP CITY shall pay each Employees' "Safety Member" contribution to the Public Employees Retirement System (P.E.R.S.), not to exceed Nine Percent (9.0%) of the compensation based upon which retirement contributions are calculated. NBFA acknowledges that CITY is paying this increased percentage of the P.E.R.S. contribution rate, pursuant to a specific request of NBFA to so do, and that payment of this increased percentage of the P.E.R.S. contribution rate will result in 17 greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with P.E.R.S. (1983-1984) MILITARY BUY-BACK City shall elect to be subject to the provisions of California Government Code Section 20930.3. (1978-1979) HIGHEST YEAR RETIREMENT BENEFIT The CITY shall modify its contract with P.E.R.S. to allow for the best/highest year calculation. The CITY shall pay the total extra cost of the highest year benefit for the first year and phase it into total comp. at the rate of 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so, shall be allowed -to pay their own P.E.R.S. contribution in their last year of employment. (1989-1990) RETIREE HEALTH INSURANCE PLAN The City and NBFA agree to provide a Retiree Health Insurance Plan through the City's indemnity Health plan carrier. NBFA agrees to pay it's share of the overall cost of 25% of the retiree's health insurance premiums born by the active employees of the City. (1984-1985) 18 • • OTHER TERMS AND CONDITIONS OF EMPLOYMENT Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. CONCLUSIVENESS OF MEMORANDUM This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of the MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. DURATION The terms of this MOU are to remain in full force and effect and retroactive to June 30, 1990, until the 1st day of July 1991, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, 19 Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. SEPARABILITY Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, the CITY agrees to provide alternative benefits agreeable to NBFA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 20 Executed this 7th day of November , 1990 APPRO• Li AS TO FORM: By NEWPORT BEACH FIREFIGHTERS ASSOCIATION By -B James Upton By By an Crag Chastain CITY OF NEWPORT BEACH By By City Attorney City of Newport Beach Robert ATTEST: 4L4ii 22 City Clerk 1990-91 EXHIBIT "A" FIRE CLASS CLASSIFICATION CODE MONTHLY SALARY RANGE FIRE CAPTAIN 3-000 3465- 4211 FIRE EMERGENCY MGMT COORD 3-002 3465- 4211 FIRE ENGINEER 3-005 2970- 3610 FIRE PARAMEDIC 3-010 3051- 3709 FIRE PARAMEDIC 3-011 3217- 3910 FIRE TRAINING COORDINATOR 3-013 3298- 4009 FIREFIGHTER 3-015 2680- 3258 *DEPUTY FIRE MSRSHALL 3725 - 4527 (Fire Captain + 7.5%) 89-90 c —2060 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIRE FIGHTERS ASSOCIATION (hereinafter referred to as the "NBFFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES" for the 1989-90 Fiscal Year. B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1989-90 Fiscal Year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU to the City Council of the City of Newport Beach for approval. 1 89-90 NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 2, 1988, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1989, CITY and NBFFA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as "Appendix A". ARTICLE 2 STD/LTD Plan Amendment Effective July 1, 1984, the CITY amended the Short -Term Disability/Long- Term Disability Plans so that whenever an employee on a 56-hour week has maintained at least 480 hours (40-hour week personnel 320 hours) of accrued sick leave benefits during a consecutive two-year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued sick leave benefits the employee maintains. The consecutive two-year period commenced July 1, 1982. Fire Personnel on an average 56-hour work week who have accrued between 320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid 2 • • 89-90 premium rate until such time the employee accrues 480 hours of sick leave on July 1, 1985, whichever occurs first. Personnel in this category falling below 320 hours shall lose the grandfather benefit and will have to meet the criteria of this article. The Plan was further amended to reflect the following accrual hours and percent payment of the monthly premium by the CITY. Change effective July 5, 1986, are reflected in the following chart: Accrued Sick Leave 40-hour work week Accrued Sick Leave City pays % 56-hour work week Monthly Premium Prior to After 7-5-86 7-5-86 20 days 20 days (160 Hours) (240 hours) 128 hours 50% 40 days 40 days (320 hours) (480 hours) 208 hours 100% Effective July 2, 1988, the ceiling on insured income under the Short- Term/Long-Term Plan will be increased to $7,500 per month for non- industrial claims. The maximum benefit will be up to $5,000 per month. Disabilities resulting from industrial injuries will be maintained at the current limit of $2,625 per month, with a maximum benefit of $1,750 per month. ARTICLE 3 3 89-90 Retiree Health Insurance Plan On or about October 1, 1984, the CITY and NBFFA agreed to re -open the contract for the purpose of meeting and conferring on the issues of modifying the current Health Insurance Plan. The City will allow the previously enrolled spouse of an employee to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE 4 Annual Physical Certification Effective June 22, 1985, the City will provide a voluntary annual physical evaluation for all sworn Fire Department personnel who are 39 years of age, or younger, at the start of the Fiscal Year. The City will receive a 'fit' or 'not fit' for duty rating for each participant in the program. If the program remains with Rancho Santiago Community College, the City will pay for the blood work. Employees who are 40 to 49 years of age at the start of the fiscal yeaf shall be required to submit to the above -referenced stress test on a bi-annual basis. This evaluation will be joined with a bi-annual physical examination, which will include cancer screening. The stress test and the physical examination shall take place in alternate years. Sworn Fire Department personnel over 50 years of age shall be required to an annual physical examination. They will not be required to participate in the stress test. 89-90 The purpose of these physical evaluations is to annually assure that all affected personnel meet or exceed the City's minimum physical standards specified for their classification. Because the program is voluntary, NBFA members who choose to participate in the physical fitness program may do so on their own time. The cost of the physical evaluations shall not be considered to be part of the total compensation for the purpose of calculating J-1 Policy. ARTICLE 5 Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "the necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." ARTICLE 6 Court Standby Pay Effective June 22, 1985, Court standby pay shall be increased from one (1) hour paid for eight (8) hours of court standby time, to four (4) hours of pay for eight (8) hours of standby time. ARTICLE 7 Limited Vision Care Plan 5 89-90 Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE 8 Medical Advisory Committee Effective July 1, 1989, the CITY shall meet with a medical -dental advisory committee during the months of December, February, and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 9 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 10 Holidays 89-90 Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Fire Department will be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). Employees will be eligible to receive holiday pay only after they have been in active paid status for thirty (30) consecutive days. This reduction in eligibility will NOT be greater than one (1) day. ARTICLE 11 Sick Leave Full-time, regular Fire Department employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 -1 year 6 hours 1- 2 years 7 hours 2 - 3 years 9 hours 3 ++ years 12 hours Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependent'. ARTICLE 12 Sick Leave Conversion 7 89-90 Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during the calendar year will be permitted (only once per year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. ARTICLE 13 Health Care Plans Effective July 1, 1989, the CITY agrees to cap its contribution to employee health care plans at $400.00 per month. ARTICLE 14 The Retirement Benefit The CITY will modify its contract with P.E.R.S. to allow for the best/highest year calculation. The CITY will pay the total extra cost of the highest year benefit for the first year and phase it into total comp. at the rate of 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so, will be allowed to pay their own P.E.R.S. contribution in their last year of employment. 8 89-90 ARTICLE 15 Special Assignment Pay - Fire Prevention Bureau Effective July 5, 1986, there will be a special allocation made within the context of the J-1 economic offer which assigns an additional 5% to the base income of two members of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspectors James Upton and Al Haskell. ARTICLE 16 Paid Leave The CITY has offered to modify the current policies regarding sick and vacation leave into a flexible paid leave policy. It shall be understood that the NBFA will defer decision until next negotiation period, or earlier by common agreement. Failure of the NBFA to respond to above date will indicate current system will remain in place. ARTICLE 17 Amortization of Pay The CITY will establish an amortizing payroll system which will level the payment of regularly scheduled work time into 26 equal installments. ARTICLE 18 Hazardous Materials Response Team 89-90 Effective July 1, 1989, certified members of the hazardous materials response team shall receive an assignment bonus of $100.00 per month. This assignment bonus shall remain in force for the life if this agreement unless the the Orange County Hazardous Materials J.P.A. requires its members to pay a uniform assignment bonus to all Haz/Mat response team members, then the CITY will pay the greater amount. ARTICLE 19 Vacation Selection System The CITY approves of the establishment of a pilot program modifying the Fire Department's Vacation Selection System (VSS). The goal of the new VSS is to gradually, through attrition, phase out mandatory scheduling for vacation relief in favor of substitution by hired overtime. (Application to all members could be done without attrition if agreed by the Fire Chief and the NBFA) The rules governing VSS shall be developed by the Fire Chief's office and authorized representatives of the NBFA and shall be subject to the approval of the Fire Chief. The pilot VSS shall began within 30 days after agreement has been reached on the governing rules. The program is subject to cancellation, at any time, if it is determined by the Fire Chief to be a contributing factor to reductions in departmental effectiveness or moral. ARTICLE 20 Shift Hold -Over Effective July 1, 1989, Section 602.7.3.3 of the CITY's personnel manual shall be modified in the following manner: 10 I 89-90 CHANGE ", the employee shall receive a minimum of three (3) hours compensation for the first and one (1) hour compensation for each hour thereafter." TO , the employee shall be compensated at the rate of one (1) hour's compensation for each hour worked, and will be compensated at time and one half if the event causes the individual to exceed the 7K limit for the F.L.S.A. workperiod. ARTICLE 21 EMT Recertification NBFA members shall be required to attend their regular departmentally scheduled EMT recertification classes. If an NBFA member misses, or knows he will miss, his regularly scheduled EMT recertification class, he must first contact the Fire Chief's office and attempt to schedule himself into a make up session. If a make up session is not available within the department's program schedule, the NBFA member is responsible for seeking out and attending the make up session on his own time. ARTICLE 22 Physical Conditioning Equipment The CITY will acquire 6 Lifecycles and 2 Lifesteps to be assigned to the fire stations to assist fire personnel in maintaining their physical fitness (equipment specifications to be developed by the NBFA). The CITY will also budget $5000.00 per year for maintenance, repair, improvement and replacement of this equipment. 11 89-90 ARTICLE 23 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 24 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Article VIII, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE 25 Duration 12 • • 89-90 The terms of this MOU are to remain in full force and effect and retroactive to the 1st day of July, 1989, until the 29th day of June 1990, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 26 Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be dedared invalid, the CITY agrees to provide alternative benefits agreeable to NBBFA, to EMPLOYEES, which will cause such EMPLOYERS to receive the same amount of money as they would have received had such provision not been declared invalid. 13 • • Executed this day of NEWPORT BEACH FIREFIGHTERS ASSOCIATIO_ by: by: by: by: CITY OF NEWPORT BEACH by: by: by: APP OVED AS TO FORM: ity Attorney By: ATTEST: , 1989 ichard Middlebrough Duane K. unson Mayor I FIRE CLASSIFICATION EXHIBIT "A" CLASS CODE MONTHLY SALARY RANGE FIRE CAPTAIN 3-000 3257 - 3959 FIRE ENGINEER 3-005 2792 - 3393 FIRE PARAMEDIC 3-010 2869 - 3487 FIRE PARAMEDIC 3-011 2869 - 3487 FIRE TRAINING COORDINATOR 3-013 3298 - 4008 FIREFIGHTER 3-015 2520 - 3063 • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU" is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY" ) and authorized represen- tatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter referred to as the "NBFFA" a recognized employee organization, met and\conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employ- ment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES" for the 1988 - 89 Fiscal Year. 88-89 -2- B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1988 - 89 Fiscal Year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 2, 1988, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 2, 1988, CITY and NBFFA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as "Appendix A" . 88-89 • • -3- ARTICLE II STD/LTD Plan Admendment Effective July 1, 1984, the CITY amended the Short -Term Disability/Long-Term Disability Plans so that whenever an employee on a 56-hour week has maintained at least 480 hours (40-hour week personnel 320 hours) of accrued sick leave benefits during a consecu- tive two-year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Deprtment, irrespective of how many hours of accrued sick leave benefits the employee maintains. The consecu- tive two-year period commenced July 1, 1982. Fire Personnel on an average 56-hour work week who have accrued between 320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid premium rate until such time the employee accrues 480 hours of sick leave on July 1, 1985, whichever occurs first. Personnel in this category falling below 320 hours shall lose the grandfather benefit and will have to meet the criteria of this article. The Plan was further amended to reflect the following accrual hours and percent payment of the monthly premium by the CITY. Changes effective July 5, 1986, are reflected in the following chart: • • -4- Accrue Sick Leave Accrued Sick Leave City pays % 40-hour work week 56-hour work week Monthly Prem. Prior to After 7-5-86 7-5-86 20 days 20 days (160 hours) (240 hours) 128 hours 50% 40 days 40 days (320 hours) (480 hours) 208 hours 100% Effective July 2, 1988, the ceiling on insured income under the Short-term/Long-Term Plan will be increased to 57500 per month for non -industrial claims. The maximum benefit will be up to 55000 per month. Disabilities resulting from industrial injuries will be maintained at the current limited of 52625 per month, with a maximum benefit of $1,750 per month. ARTICLE III Retiree Health Insurance Plan On or about October 1, 1984, the CITY and NBFFA agreed to re -open the contract for the purpose of meeting and conferring on the issues of modifying the current Health Insurance Plan. The City will allow the previously enrolled spouse of an employee to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. 88-89 88-89 -5- ARTICLE IV Annual Physical Certification Effective June 22, 1985, the City will provide a mandatory annual physical evaluation for all sworn Fire Department personnel who are 39 years of age, or younger, at the start of the Fiscal Year. The City will recieve a 'fit' or 'not fit' for duty rating for each participant in the program. If the program remains with Rancho Santiago Community College, the City will pay for the blood work. Employees who are 40 to 49 years of age at the start of the fiscal year shall be required to submit to the above -referenced stress test on a bi-annual basis. This evaluation will be joined with a bi-annual physical examination, which will include cancer screening. The stress test and the physical examination shall take place in alternate years. Sworn Fire Department personnel over 50 years of age shall be required to submit to an annual physical examination. They will not be required to participate in the stress test. The purpose of these physical evaluations is to annually certify that all affected personnel meet or exceed the City's mini- mum physical standards required to use breathing apparatus in the performance of their duties. The cost of the physical evaluations shall not be considered to be part of the total compensation for the purpose of calculating J-1. 88-89 -6- ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "the necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." ARTICLE VI Court Standby Pay Effective June 22, 1985, Court standby pay shall be increased from one (1) hour paid for eight (8) hours of court standby time, to four (4) hours of pay for eight (8) hours of standby time. ARTICLE VII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIII Administration of Health Maintenance Organization Contracts The NBFFA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied. 88-89 • • -7- 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities as the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE IX Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. ARTICLE X Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Fire Department will be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday, bringing the annual total holiday pay entitlement to eleven (11). Employees will be eligible to receive holiday pay only after they have been in active paid status for thirty (30) consecutive days. This reduction in eligibility will NOT be greater than one (1) day. 88-89 -8- ARTICLE XI Sick Leave Full-time, regular Fire Department employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 year 1 - 2 years 2 - 3 years 3 ++ years 6 hours 7 hours 9 hours 12 hours Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from ' immediate family' to 'dependent.' ARTICLE XII Sick Leave Conversion Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during the calendar year will be permitted (only once per year) to convert up to six days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vaca- tion shall require the approval of the Department Director. 88-89 -9- ARTICLE XIII Dependent Medical Insurance Premium Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the City. The schedule is as follows: Health coverage cost for new employees in the indemnity plan will be as follows: Employee plus 2: 1st year $120; 2nd year $80; 3rd year $40. Employee plus 1: 1st year $ 60; 2nd year $40; 3rd year $20. Employees enrolled in HMO'S will be charged: Employee plus 2: 1st year $60; 2nd year $40; 3rd year $20. Employee plus 1: 1st year $30; 2nd year $20; 3rd year $10. Lateral Firefighters hired by the Newport Beach Fire Department with previous firefighting service with another fire department will receive a 50% service credit toward the payment of dependent coverage. 88-89 -10- 1 ARTICLE XIV Retirement Option Effective July 4, 1987, employees may, at their option, elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the pay check to be paid to PERS as is re- quired by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE XV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. 88-89 -11- ARTICLE XVI Special Assignment Pay - Fire Prevention Bureau Effective July 5, 1986, there will be a special allocation made within the context of the J-1 economic offer which assigns an addi- tional 5% to the base income of two members of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspectors James Upton and Al Haskell. ARTICLE XVII Paid Leave The City agrees to meet with representatives of the Employee Groups and a spokesperson for the non -represented employees to discuss and conceptually formulate a proposal for a consistent paid leave policy for the City. ARTICLE XVIII Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Article VIII, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of 88-89 -12- either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE XIX Duration The terms of this MOU are to remain in full force and effect and retroactive to the 2nd day of July, 1988, until the 30th day of June 1989, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Reso- lution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XX Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or sub- sequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, the CITY agrees to provide alternative benefits agreeable to NBBFA, to EMPLOYEES, which will cause such EMPLOYERS to receive the same amount of money as they would have received had such provision not been declared invalid. 88-89 • -13- Executed this 30th day ofsitclay1988. E PORT BEACH FIREFIGHTERS ASSOCIATION CITY O-NE4PORT BEACH by by by APPRO ' D AS TO FOR By or y City of Newport Beach anL R. Nun •o,er �i ;att. 9/,! // bY�� AAA. .// ATTEST er 40 // EXHIBIT "A" FIRE CLASSIFICATION FIRE CAPTAIN FIRE ENGINEER FIRE PARAMEDIC FIRE PARAMEDIC FIRE TRAINING COORDINATOR FIREFIGHTER CLASS CODE MONTHLY SALARY RANGE 3-000 3128- 3802 3-005 2681- 3259 3-010 2755- 3349 3-011 2755- 3349 3-013 3167- 3850 3-015 2420- 2942 Pi FIREFIGHTERS NBFFA Code 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter referred to as "NBFFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES") for the 1976-1988 Fiscal Year. • i -2- B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1987-1988 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOIL, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOIL is made and entered into by the parties hereto effective July 4,1987, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 4, 1987, CITY and NBFFA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". -3- ARTICLE II STD/LTD Plan Amendment Effective July 1, 1984, the CITY amended the Short -Term Disability -Long -Term Disability Plans so that whenever an employee on a 66-hour work week has maintained at least 480 hours (40-hour work week personnel 320 hours) of accrued sick leave benefits during a consecutive two-year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued sick leave benefits the employee maintains. The consecutive two-year period commenced July 1, 1982. Fire personnel on an average 56-hour work week who have accrued between 320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid premium rate until such time the employee accrues 480 hours of sick leave or July 1, 1985, whichever occurs first. Personnel in this category falling below 320 hours shall lose the grandfather benefit and will have to meet the criteria of this article. The Plan was further amended to reflect the following accrual hours and percent payment of the monthly premium by the CITY. Changes effective July 5, 1986, are reflected in the following chart: -4- Accrued Sick Leave Accrued Sick Leave City Pays % 40-hour work week 36-hour work week Prior to After 7-5-86 7-5-86 Monthly premium 20 days 20 days (160 hours) (240 hours) 128 hours 50% 40 days 40 days (320 hours) (480 hours) 208 hours 100% ARTICLE III Retiree Health Insurance Plan 0n or about October 1, 1984, the CITY and Newport Beach Firefighters' Association agreed to re -open the contract for the purpose of meeting and conferring on the issues of modifying the current Health Insurance Plan and providing a Retiree Health Insurance Plan. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. ARTICLE Iv Annual Physical Certification Effective June 22, 1985, the City will provide an annual physical for all Fire Department personnel who might be required to use breathing apparatus in the course of duty. The purpose of the physical is to annually certify that all affected personnel meet or exceed the City's minimum physical standards required to use breathing apparatus in the performance of their duties. The cost of the physical shall not be considered to be part of total compensation for the purpose of calculating J-1. -5- ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." ARTICLE VI Court Stand -By Pay Effective June 22, 1985, Court stand-by pay shall be increased from one (1) hour paid for eight (8) hours of court stand-by time, to four (4) hours of pay for eight (8) hours of stand-by time. ARTICLE VII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIII Administration of Health Maintenance Organization Contracts The NBFPA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: -6- 1). The new provider must have a service reputation equal to, or better than the incumbent provider. 2). The new provider must have as many or more facilities than the incumbent provider. 3). The new provider's bid must be at least 10% lower than that of the incumbent provider. 4). The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE IX Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. ARTICLE X Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Fire Department will be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday bringing the annual total holiday pay entitlement to eleven (11). Employees will be eligible to receive holiday pay only after they have been in active paid status for thirty (30) consecutive days. This reduction in eligibility will NOT be greater than one (1) day. -7- ARTICLE XI Sick Leave Full-time, regular Fire Department employees hired on or after July 6, 1986, will accrue sick leave in the following manner: 0- 1year 1 - 2 years 2 - 3 years 3 ++ years 6 hour 7 hours 9 hours 12 hours Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependant'. ARTICLE XII Sick Leave Conversion Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during the calendar year will be permitted (only once per year) to convert up to six days of sick leave to either salary or paid vacation at the value of 60% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. -8- ARTICLE %III Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the City. The schedule is as follows: lst year employee pays 100% End year employee pays 66% 3rd year employee pays 33% 4th year, plus - the employee will receive the same dependent health benefit percentage covered by the City as all full-time, regular employees hired before 7/5/86. Lateral Firefighters hired by the Newport Beach Fire Department with previous firefighting service with another fire department will receive a 50% service credit toward the payment of dependent coverage. -9- ARTICLE XIV Retirement Option Effective July 4, 1987, employees may, at their option, elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the pay check to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE XV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOO unless altered by mutual agreement of the parties hereto. -10- ARTICLE XVI Special Assignment Pay - Fire Prevention Bureau Effective July 5, 1986, there will be a special allocation made within the context of the J-1 economic offer which assigns an additional 5% to the base income of the two members of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspectors James Upton and Al Haskel. ARTICLE XVII Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Article VIII, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. -11- ARTICLE XVI Duration The terms of this MOU are to remain in full force and effect and retroactive to the 4th day of July, 1987, until the 1st day of July, 1988, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XIX Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provid alternative benefits agreeable to NBFFA, to EMPLOYEES, which will cause such EMPLOYERS to receive the same amount of money as they would have received had such provision not been declared invalid. • -12- Executed this314:day of City Attorney City of Newport Beach ,1987 NEWPORT BEACH FIREFIGHTERS ASSOCIATION Donald Bradbury By By III EXHIBIT "A" S FIRE. CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE FIRE CAPTAIN 3-000 2973-3613 FIRE ENGINEER 3-005 2548-3097 FIRE PARAMEDIC 3-010 2618-3182 FIRE PARAMEDIC 3-011 2618-3182 FIREFIGHTER 3-015 2300-2795 Ile • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter referred to as "NBFFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES") for the 1986-1987 Fiscal Year. -2- B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1986-1987 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 5,1986, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 5, 1986, CITY and NBFFA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". • -3- • ARTICLE II STD/LTD Plan Amendment Effective July 1, 1984, the CITY amended the Short -Term Disability -Long -Term Disability Plans so that whenever an employee on a 56-hour work week has maintained at least 480 hours (40-hour work week personnel 320 hours) of accrued sick leave benefits during a consecutive two-year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued sick leave benefits the employee maintains. The consecutive two-year period commenced July 1, 1982. Fire personnel on an average 56-hour work week who have accrued between 320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid premium rate until such time the employee accrues 480 hours of sick leave or July 1, 1985, whichever occurs first. Personnel in this category falling below 320 hours shall lose the grandfather benefit and will have to meet the criteria of this article. The Plan was further amended to reflect the following accrual hours and percent payment of the monthly premium by the CITY. Changes effective July 5, 1986, are reflected in the following chart: • -4- • Accrued Sick Leave Accrued Sick Leave City Pays % 40-hour work week 20 days (160 hours) 40 days (320 hours) 56-hour work week Monthly premium Prior to After 7-5-86 7-5-86 20 days (240 hours) 40 days (480 hours) ARTICLE III 128 hours 208 hours Retiree Health Insurance Plan 50% 100% On or about October 1, 1984, the CITY and Newport Beach Firefighters' Association agreed to re -open the contract for the purpose of meeting and conferring on the issues of modifying the current Health Insurance Plan and providing a Retiree Health Insurance Plan. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. ARTICLE IV Annual Physical Certification Effective June 22, 1985, the City will provide an annual physical for all Fire Department personnel who might be required to use breathing apparatus in the course of duty. The purpose of the physical is to annually certify that all affected personnel meet or exceed the City's minimum physical standards required to use breathing apparatus in the performance of their duties. The cost of the physical shall not be considered to be part of total compensation for the purpose of calculating J-1. -5- ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." ARTICLE VI Court Stand -By Pay Effective June 22, 1985, Court stand-by pay shall be increased from one (1) hour paid for eight (8) hours of court stand-by time, to four (4) hours of pay for eight (8) hours of stand-by time. ARTICLE VII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIII Administration of Health Maintenance Organization Contracts The NBFFA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: -6- 1). The new provider must have a service reputation equal to, or better than the incumbent provider. 2). The new provider must have as many or more facilities than the incumbent provider. 3). The new provider's bid must be at least 10% lower than that of the incumbent provider. 4). The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE IX Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. ARTICLE X Holidays Effective July 5, 1986, and thereafter, new employees hired by the Newport Beach Fire Department will be entitled to take ten (10) paid holidays during their first year. After the Fire Department employee has completed one year of continuous employment, they will be entitled to one (1) additional paid holiday bringing the annual total holiday pay entitlement to eleven (11). -7- ARTICLE XI Sick Leave Full-time, regular Fire Department employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 year 6 hours 1 - 2 years 7 hours 2 - 3 years 9 hours 3 ++ years 12 hours ARTICLE XII Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the City. The schedule is as follows: 1st year employee pays 100% 2nd year employee pays 66% 3rd year employee pays 33% 4th year - plus - the employee will receive the same dependent health benefit percentage covered by the City as all full- time, regular employees hired before 7/5/86. Lateral Firefighters hired by the Newport Beach Fire Department with previous firefighting service with another fire department will re- ceive a 5% service credit toward the payment of dependent coverage. • -8- • ARTICLE %III Other Terms and Conditions of Employment A11 other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE XIV Special Assignment Pay - Fire Prevention Bureau Effective July 5, 1986, there will be a special allocation made within the context of the J-1 economic offer which assigns an additional 5% to the base income of the two members of the Fire Prevention Bureau considered to be permanently assigned to that duty. This provision applies only to Inspectors James Upton and Al Raskel. ARTICLE XV Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Article VIII, neither party shall be compelled, and each party expressly waives its rights to meet and • -9- • confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE XVI Duration The terms of this MOU are to remain in full force and effect and retroactive to the 5th day of July, 1986, until the 3rd day of July, 1987, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XVII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or 110 Executed this J3 day of f,1986 APP R0. ED AS TO FORM: By obert H. Burn am City Attorney City of Newport Beach NEWPORT BEACH FIREFIGHTERS ASSOCIATION Ran.. So eerer CITY OF NEWPORT BEACH By By By Duane M son Jbhn e'', on • EXHIBIT "A" • FIRE CLASSIFICATION FIRE CAPTAIN FIRE ENGINEER FIRE PARAMEEIC FIRE PAPAMECIC FIREFIGHTER CLASS CODE MONTHLY SALARY RANGE 3-000 2848-3461 3-035 2441-2967 3-010 2508-3048 3-011 2508-3048 3-015 2203-2678 11 • • c - ao6o MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MDU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as the "CITY") and authorized representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter referred to as "NBFFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES") for the 1985-1986 Fiscal Year. -2- B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1985-1986 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 22, 1985, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 22, 1985, CITY and NBFFA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". -3- ARTICLE II STD/LTD Plan Amendment Effective July 1, 1984, the CITY amended the Short -Term Disability -Long -Term Disability Plans so that whenever an employee on a 56-hour work week has maintained at least 480 hours (40-hour work week personnel 320 hours) of accrued sick leave benefits during a consecutive two-year period and has earned the right to have the CITY pay 100% of the monthly premiums, the CITY shall pay 1000 of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued sick leave benefits the employee maintains. The consecutive two-year period commenced July 1, 1982. Fire personnel on an average 56-hour work week who have accrued between 320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid premium rate until such time the employee accrues 480 hours of sick leave or July 1, 1985, whichever occurs first. Personnel in this category falling below 320 hours shall lose the grandfather benefit and will have to meet the criteria of this article. The Plan was further amended to reflect the following accrual hours and percent payment of the monthly premium by the CITY. Accrued Sick Leave 40-hour work week 20 days (160 hours) 40 days (320 hours) -4- Accrued Sick Leave City Pays % 56-hour work week Monthly premium 20 days 50% (240 hours) 40 days 100E (4R0 hours) ARTICLE III Retiree Health Insurance Plan On or about October 1, 1984, the CITY and Newport Reach Firefighters' Association agreed to re -open the contract for the purpose of meeting and conferring on the issues of modifying the current Health Insurance Plan and providing a Retiree Health Insurance Plan. ARTICLF TV Annual Physical Certification Effective June 22, 1985, the City will provide an annual physical for all Fire Department personnel who might be required to use breathing apparatus in the course of duty. The purpose of the physical is to annually certify that all affected personnel meet or exceed the City's minimum physical standards required to use breathing apparatus in the performance of their duties. The cost of the physical shall not be considered to be part of total compensation for the purpose of calculating J-1. ARTICLE V Bereavement Leave Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his or her immediate family." ARTICLE VI Court Stand -By Pay Effective June 22, 1985, Court stand-by pay shall be increased from one (1) hour paid for eight (8) hours of court stand-by time, to four (4) hours of pay for eight (8) hours of stand-by time. ARTICLE VII Limited Vision Care Plan Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's Indemnity Health Insurance Plan. ARTICLE VIII Compliance With The Fair Labor Standards Act Negotiations will be re -opened upon implementation of the Fair Labor Standards Act, concerning the method of paying wages and hours. -6- ARTICLE IX Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE X Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Article VIII, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. -7- ARTICLE XI Duration The terms of this MOU are to remain in full force and effect and retroactive to the 22nd day of June, 1985, until the 4th day of July, 1986, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect, provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, CITY agrees to provid alternative benefits agreeable to NBFFA, to EMPLOYEES, which will cause such EMPLOYERS to receive the same amount of money as they would have received had such provision not been declared invalid. -8- Executed this .25th day of July ,1985 APPR,.r O AS TO FORM: By obert urnham City Attorney City of Newport Beach NEWPORT BEACH FIREFIGHTERS ASSOCIATION By By By James Upton Anthony de evis Lif'l Donald radbury.11 Randolph Scheerer CITY OF NEWPORT BEACH By By • • FIRE CLASSIFICATION FIRE CAPTAIN FIRE ENGINEER FIRE PARAMECIC FIREFIGHTER APPENDIX "A" CLASS CODE MONTHLY SALARY RANGE 3-000 2591-3150 3-005 2221-270C 3-010 2282-2774 3-015 2005-2437 • Newport Beach Firefighters P\ssociation,inc. June 14, 1985 APPENDIX - B It shall be understood by all concerned that the Newport Beach Firefighter's Association does not agree with the manner in which the "J-1" policy is being applied and still requests that the City Council meet and confer with us on this issue. PTON, President N.B. .A. P.O. Box 1695 Newport Beach,CA.92663 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIRE FIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized repre- sentatives of the NEWPORT BEACH FIRE FIGHTERS ASSOCIATION (hereinafter referred to as "NBFFA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES") for the 1984-85 fiscal year. B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1984-85 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 23, 1984, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 23, 1984, CITY and NBFFA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II STD/LTD Plan Amendment Effective July 1, 1984, the CITY shall amend the Short - Term Disability - Long -Term Disability Plans so that whenever an employee (40-hour benefits right to on a 56-hour work week has maintained at least 480 hours work week personnel 320 hours) of accrued sick leave during a consecutive two-year period and has earned the have the CITY pay 100% of the monthly premiums, the CITY shall pay 100% of the monthly premium for the remainder of the individual's employment with the Newport Beach Fire Department, irrespective of how many hours of accrued sick leave benefits the employee maintains. The consecutive two-year period commenced July 1, 1982. Fire personnel on an average 56-hour work week who have accrued between 320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid premium rate until such time the employee accrues 480 hours of sick leave or July 1, 1985 whichever occurs first. Personnel in this category falling below 320 hours shall lose the grandfather benefit and will have to meet the criteria of this article. The Plan shall be further amended to reflect the following accrual hours and percent payment of the monthly premium by the CITY: Accrued Sick Leave 40-hour work week 20 days (160 hours) 40 days (320 hours) Accrued Sick Leave City pays % 56-hour work week Monthly premium 20 days 50% (240 hours) 3 40 days 100% (480 hours) ARTICLE III Retiree Health Insurance Plan On or about October 1, 1984, the CITY and Newport Beach Firefighters' Association agree to re -open the contract for the purpose of meeting and conferring on the issues of modifying the current Health Insurance Plan and providing a Retiree Health Insurance Plan. The parties agree to limit the re -opener to these items and to those items which may be affected should agreement be reached. ARTICLE IV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the ef- fective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. 4 ARTICLE V Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, except for Article III, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agree- ment of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE VI Duration The terms of this MOU are to remain in full force and effect and retroactive to the 23rd day of June, 1984, until the 21st day of June, 1985, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. 5 • • ARTICLE VII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU re- lating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBFFA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such pro- vision not been declared invalid. Executed this /0 day of APPROVED AS TO FORM: By Robert H. Burnham City Attorney City of Newport Beach 1984. NEWPORT BEACH FIRE FIGHTERS' ASSOCIATION By NBFFA Representative CITY OF NEWPORT BEACH By Lorenzo Mofa Personnel Director City Respresentative yJ John Burkhart Assistant to Finance Director City Representative MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIRE FIGHTERS ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH FIRE FIGHTERS ASSOCIATION (hereinafter referred to as "NBFFA") a recognized employee organ- ization, met and conferred, exchanging various proposals concern- ing wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as "EMPLOYEES") for the 1983-84 fiscal year. • • B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1983-84 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. by the approval follows: NOW, THEREFORE, this MOU is made and entered into parties hereto effective June 25, 1983, subject to by the City Council of the City of Newport Beach, as ARTICLE I Salaries and Wages Effective June 25, 1983, CITY and NBFFA agree that the salaries for each classification will be as set forth salary schedule attached hereto as Appendix "A". 2 in the ARTICLE II PERS Pickup Effective June 25, 1983, CITY shall pay each Employees' "Safety Member" contribution to the Public Employees Retirement System (PERS), not to exceed Nine Percent (9.0%) of the compensation base upon which retirement contributions are calculated.. NBFFA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBFFA to so do, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Scholastic Achievement Plan Effective July 1, 1983, CITY shall amend Schedule of Payments provision for the NBFFA Scholastic Achievement Plan, as follows: 3 Years Of Total College Total Job Compensation Service Semester Units Related Units Per Month 2 30 18 $30.00 3 30 18 $30.00 3 60 27 $60.00 3 90 36 $90.00 4 30 18 $30.00 4 60 27 $60.00 4 90 36 $90.00 4 120 45 $120.00 ARTICLE IV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effec- tive date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. 4 ARTICLE V Conclusiveness of Memorandum I This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither expressly waives its concerning any issues party rights within or not specifically met and shall be compelled, and each party to meet and confer with the other, the scope of representation, whether conferred about prior to the execu- tion of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE VI Duration The terms of this MOU are to remain in full force and effect from the 25th day of June, 1983, until the 22nd day of June, 1984, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE VII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provid- ed, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBFFA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 6 • • Executed this 1;2,{ St day of NEWPORT BEACH FIRE FIGHTERS ASSOCIATION By By CITY OF NEWPORT BEACH By 1 ti v Lorenzo MoK�f Personnel Director City representative IAA epresentative NBFFA Representative By: J n Burkhart A sistant to Finance Director City Representative APPROVED AS TO FORM: Robert H. Burn am City Attorney City of Newport Beach AGP/MOU2 , 1983. • • FIREFIGHTER APPENDIX "A" Approximate Classification Salary Range Monthly Salary Fire Captain 61.021-65.021 $2319 - 2818 Fire Engineer 58.013-62.013 1987 - 2416 Fire Paramedic 58.041-62.041 2042 - 2482 Firefighter 56.008-60.008 1794 - 2180 8 6/25/83 • • C - 20(oo MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH FIREFIGHTERS ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING is entered into with reference to the following: A. Authorized representatives of the City of Newport Beach (hereinafter referred to as "City") and authorized representatives of the Newport Beach Fire Fighters Association (hereinafter referred to as "NBFFA"), a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and condition of employment of employees represented by NBFFA (here- inafter referred to as the "affected employees") for the 1982-83 fiscal year. B. These representatives have reached an agreement as to the wages, hours, and other terms and conditions of employment to apply to all affected employees for the 1982-83 fiscal year. These representatives desire to reduce their agreement to writing and to present such agreement, in the form of the Memorandum of Understanding, to the City Council of the City of Newport Beach for Approval. NOW, THEREFORE, this Memorandum of Understanding is made and entered into by the parties hereto , effective July 1, 1982, subject to ratification by the membership of the association and subject to approval of the City Council of the City of Newport Beach. ARTICLE I SALARIES AND WAGES Effective July 1, 1982, City and NBFFA agree that the salaries in each classification will be increased, and that the salaries of each classifcation will be as set forth in the salary schedule attached as Appendix"A". 2 ARTICLE II FAMILY SICK LEAVE Effective July 1, 1982, the City agrees to amend the provisions of the sick leave program currently applicable to affected employees to provide authorization to use four (4) twelve (12) hour days of accrued sick leave per calendar year for an illness of a spouse, son or daughter which requires the pre- sence of the employee. ARTICLE III OTHER TERMS AND CONDITIONS OF EMPLOYMENT All other terms and conditions of employment of all affected employees in existance immediately prior to the effec- tive date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE IV CONCLUSIVNESS OF MEMORANDUM This Memorandum contains all the covenants, stipula- tions, and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the execution of this Memorandum and not set forth herein. ARTICLE V DURATION The terms of this Memorandum are to remain in full force and retroactive to July 1, 1982 until the 24th day of June, 1983, and thereafter from year to year unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests, of the Employer -Employee Relations Resolution, 4 either party serves written notice upon the other party of its desire to make changes in this Memorandum. ARTICLE VI SEPARABILITY Should many part of the Memorandum of Understanding or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidation of such part or portion of the Memorandum of Understanding shall not invalidate the remaining portion hereof, and they shall re- main in full force and effect; provided, however, that should the provisions of this Memorandum relating to pay schedule adjustment increases be declared invalid, NEWPORT BEACH agrees to provide alternative benefits agreeable to NBFFA to the affected employees which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. 5 Executed this __day of all, 1982. CITY OF NEWPORT BEACH By LSRENZO 1 OTA Personnel D Cj.ty' Repr ORGE P PAS Finance ector City Representative APPROVED AS TO FORM: Michael H. Mi ler City Attorney NEWPORT BEACH FIRE FIGHTERS ASSOCIATION By; By.. j� Represents ive � By Representative , FIREFIGHTER ASSOC. APPENDIX "A" Classification Fire Captain Fire Engineer Fire Paramedic Firefighter Salary Range 60.049-64.049 57.041-61.041 58.019-62.019 55.036-59.036 Approximate Monthly Salary $2269 - $2758 1945 - 2364 1999 - 2430 1756 - 2134 7/1/82 • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIRE FIGHTERS ASSOCIATION This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the City of Newport Beach (hereinafter referred to as "CITY") and authorized representatives of the Newport Beach Fire Fighters Association (hereinafter referred to as "NBFFA"), a recognized employee organization, met and conferred exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBFFA (here- inafter referred to as "EMPLOYEES") for the 1981-82 fiscal year. B. NBFFA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected employees for the 1981-82 fiscal year. Said employees desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. q31 NOW, THEREFORE, this MOU is made and entered into, effective July 1, 1981, upon approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1981, City and NBFFA agree that the salaries in each classification will be increased and that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II PERS Pickup Effective July 1, 1981, City shall pay one-half of each employees' "safety member" contribution to the Public Employees' Retirement System (PERS). NBFFA acknowledges that City is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBFFA to so do, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. ARTICLE III Health Insurance City agrees to increase the Prudential Health Insurance Major Medical coverage from Two Hundred Fifty Thousand Dollars ($250,000.00) to an unlimited amount. City also agrees to conduct a study to determine the feasibility of contracting with PERS for health insurance coverage for all active and/or retired City employees and their dependants and to advise NBFFA of the results of the study. ARTICLE IV Tillerman Assignment Bonus Effective July 1, 1981, City agrees to pay a five percent (5%) salary bonus to firefighters assigned to work a full twenty-four (24) hour shift as Tillerman. ARTICLE V Other Terms and Conditions of Employment All other terms and conditions of employment of all employees in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU, unless altered by mutual agreement of the parties hereto. ARTICLE VI Conclusiveness of Memorandum This MOU contains all 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 meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. • • ARTICLE VII Duration The terms of this MOU are to remain in full force and effect from the 1st day of July, 1981 until the 30th day of June, 1982, and, thereafter, from year-to-year, unless within the timeframe and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE VIII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBFFA, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. • Executed this 14th day of CITY OF NEWPORT BEACH By ��mPM/ Lorenzo Mo Personnel Director City Representative G-orge •pas Finance ' rector City Representative APPROVED AS TO FORM: obert H. tdrnE m Assistant City Attorney July , 1981. NEWPORT BEACH FIRE FIGHTERS ASSOrCCIATION By Randy Sc eerer NBFFA Re resentative Jack Hamilton NBFFA Representative By By Pe Y NBFFA epresentative Brian Slater NBFFA Representative Tony De eves NBFFA Representative APPENDIX "A" Approx. Mo. Classification Salary Range Salary Fire Captain 59.029-63.029 $2120-2576 Fire Engineer 56.021-60.021 $1817-2208 Fire Paramedic 56.049-60.049 $1867-2269 Firefighter 54.016-58.016 $1640-1993 • . 072280-A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH FIRE FIGHTERS ASSOCIATION This Memorandum of Understanding is entered into with reference to the following: A. Authorized representatives of the City of Newport Beach (hereinafter referred to as "NEWPORT BEACH") and authorized representatives of the Newport Beach Fire Fighters Association (hereinafter referred to as "NBFFA"), a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits, and other terms and conditions of employment of employees represented by NBFFA (hereinafter referred to as the "affected employees") for the 1980-81 Fiscal Year. B. These representatives have reached an agreement as to the wages, hours, and other terms and conditions of employment to apply to all affected employees for the 1980-81 Fiscal Year. They desire to reduce their agreement to writing and to present such agreement in the form of this Memorandum of Understanding to the City Council of the City of Newport Beach for approval. `3 i • NOW, THEREFORE, this Memorandum of Understanding is made and entered into, to become effective July 1, 1980, upon approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1980, the salary of each employee represented by NBFFA shall be increased in each classifica- tion as follows: Fire Fighter 15.6% Fire Engineer 15.6% Fire Captain 15.6% Fire Paramedic 18.1% ARTICLE II Medical NEWPORT BEACH agrees to increase the maximum annual dental benefit from Five Hundred Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) (basic and major). NEWPORT BEACH agrees to meet and confer with NBFFA representatives in a timely manner regarding the selection of -2- • • an optional membership in a qualified health maintenance organization. ARTICLE III Holidays The Veterans' Day holiday shall be celebrated on November 11, 1980. ARTICLE IV Uniform Costs NEWPORT BEACH agrees to pay the entire cost of all shoes required by the Fire Department to be worn as a part of the uniform. Said program shall be monitored by the Fire Chief. ARTICLE V Move -Up Pay NEWPORT BEACH agrees to pay each employee, who, subsequent to the effective date of this Memorandum of Under- standing, is required for any reason to perform the duties attendant to a classification with a higher salary range, move -up pay equal to 5% of the regular base pay for the period -3- of time the employee is actually performing those duties; provided, however, the employee shall receive such pay only after the employee has performed those duties for One Hundred Twenty (120) hours, while in the employ of the Newport Beach Fire Department. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -3 (a) - ARTICLE VI Other Terms and Conditions of Employment All other terms and conditions of employment of all affected employees in existence immediately prior to the effective date of this Memorandum of Understanding shall remain unchanged and in full force and effect during the entire term of this Memorandum unless altered by mutual agreement of the parties hereto. ARTICLE VII Conclusiveness of Memorandum This Memorandum contains all the covenants, stipu- lations, and provisions agreed upon by the parties. There- fore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the execution of this Memorandum and not set forth herein. -4- ARTICLE VIII Duration The terms of this Memorandum are to remain in full force and effect from July 1, 1980, until the 30th day of June, 1981, and thereafter from year to year unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests, of the Employer - Employee Relations Resolution, either parties serves written notice upon the other party of its desire to make changes in this Memorandum. ARTICLE IX Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect; provided, however, that should the provisions of this Memorandum relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative bene- fits agreeable to NBFFA to the affected employees which will -5- cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. EXECUTED this 1st CITY OF NEWPORT BEACH GEORGE P PAS Finance ► ector/ City Representative APPROVED AS TO FORM: ROBERT H. BURNHAM Assistant City Attorney day of July -6- , 1980. NEWPORT BEACH FIRE FIGHTERS J'C HAMILTON Representative By PPTE HA LEY Representative By BRIAN SLATER Representative 7/22/80 APPENDIX "A" Classification Salary Range Approx. Mo. Salary Fire Captain 56.043 - 60.043 1,856 - 2,256 Fire Engineer 53.043 - 57.043 1,603 - 1,949 Fire Paramedics 54.032 - 58.032 1,666 - 2,025 Firefighter 52.010 - 56.010 1,479 - 1,797 7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION This Memorandum of Understanding is entered into with reference to the following: A. Authorized representatives of the City of Newport Beach (hereinafter referred to as the "City") and authorized representatives of the Newport Beach Fire Fighters Association (hereinafter referred to as the "Association"), a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits, and other terms and conditions of employment of employees represented by the Association (hereinafter referred to as the "affected employees") for the 1978-79 and 1979-80 Fiscal Years. B. These representatives have reached an agreement as to the wages, hours, and other terms and conditions of employ- ment to apply to all affected employees for the 1978-79 and 1979-80 Fiscal Years. They desire to reduce their agreement to writing and to present such agreement in the form of this Memorandum of Understanding to the City Council of City for approval. NOW, THEREFORE, this Memorandum of Understanding is made and entered into to become effective July 1, 1978, upon 1�i�1�- ci`ivl 4 approval by the City Council of City, as follows: ARTICLE I Retirement City agrees to pay one-half of the employees' contribution to the Public Employees Retirement System (PERS). City agrees to a lump sum payment the first pay period following the signing of this Memorandum of Understanding that will reflect an amount equal to one-half the employees' contribution to PERS for the period of time between July 1, 1978, and the signing of this Memorandum of Understanding. City will thereafter pay one-half the employees' contribution to PERS for the remainder of Fiscal Year 1978-79 at which time such increased contribution by City shall cease and revert to the normal rate of employee contribution. ARTICLE II Overtime Effective on the date of execution of this Memorandum of Understanding, each affected employee shall receive compensa- tion for all time worked in excess of his/her normally scheduled work week ("overtime") at the rate of one and one-half (1-1/2) times his/her normal hourly rate of pay. Effective July 1, 1979, such premium compensation for overtime shall cease, and affected employees thereafter will receive their normal hourly rate of pay -2- for hours worked in excess of their normally scheduled work week. In return for relinquishing time and one-half compensation for overtime, effective July 1, 1979, the basic pay scale for all classifications represented by the Association shall be adjusted upward by an additional three percent (3%), over and above the fifteen percent (15%) adjustment provided for in Article VI. ARTICLE III Military Buy -Back Effective July 1, 1978, City shall elect to be subject to the provisions of California Government Code Section 20930.3. ARTICLE IV Bereavement Leave Effective July 1, 1978, City shall amend the provisions of the bereavement leave program currently applicable to affected employees to provide that benefits thereunder shall be available to all affected employees upon the death of any of the following relations of the employee's spouse, in addition to those benefits currently available; Mother; Father; Brother; Sister. ARTICLE V Vacation Leave Effective July 1, 1978, the vacation accrual schedule -3- 410 applicable to all affected employees shall be as follows: Years of Service Hours Accrued Per Month 0 but less than 5 12 5 but less than 9 14 9 but less than 13 16 13 but less than 17 18 17 but less than 21 20 21 but less than 25 22 25 and over 24 ARTICLE VI Classification Adjustment The parties agree that in order to enable the City to attract and retain fully qualified personnel, the City must readjust the compensation for the classifications represented by the Association to make it more competitive with the compensation being paid employees in comparable positions in other munici- palities in Orange County. For this reason, effective July 1, 1979, the basic pay scale for all classifications represented by the Association shall be adjusted upward by fifteen percent (15%). ARTICLE VII Other Terms and Conditions of Employment All other terms and conditions of employment of all affected employees in existence immediately prior to the effec- tive date of this Memorandum of Understanding shall remain -4- unchanged and in full force and effect during the entire term of this Memorandum unless altered by mutual agreement of the parties hereto. ARTICLE VIII Conclusiveness of Memorandum This Memorandum contains all the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, repre- sentation, or agreement reached prior to the signing of this Memorandum and not set forth herein. ARTICLE IX Duration The terms of this Memorandum are to remain in full force and effect from July'1, 1978, until the 30th day of June, 1980, and thereafter from year to year unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests, of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire -5- to make changes in this Memorandum. ARTICLE X Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect; provided, however, that should the provisions of this Memorandum relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to the Association to the affected employees which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. ARTICLE XI State Surplus Disclaimer If, in Fiscal Year 1979-80, the State allocates surplus funds to cities to relieve the burden created by lost property tax revenues brought about by the passage of Proposition 13, and if conditions are attached to those funds which would prevent or limit the City's ability to grant employee salary increases, then -6- •• s. it is understood and agreed between the parties hereto as follows: 1. If the State guidelines for acceptance of State surplus funds permit some percentage salary increases, City agrees to pay employees that percentage increase up to a maximum of eighteen percent (18%); 2. City agrees to reopen negotiations with Association for the purpose of determining alternate means of compensation to make up the difference between the percentage paid in salaries and the remainder of the agreed upon percentage salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 3. If no salary increases are permitted under the State guidelines, then City agrees to reopen negotiations for the purpose of determining substitute forms of compensation which will equate to receipt by the affected employees of an amount equal to the total dollar amount which they would have received under the proposed percentage salary increase, as set forth in this Memoran- dum, subject to the conditions contained in paragraph 4 below; 4. The commitments contained in this Article are made by City in good faith and shall be honored by City to the best of its ability, exercising every reasonable effort to make available sufficient municipal revenues to satisfy these commitments; 5. If the State guidelines have been adjudicated and -7- sib fob declared invalid as they apply to salary adjustments contained in existing contractual agreements, City agrees to pay the full percentage salary increase as set forth in this Memorandum of Understanding. Executed this /l' day of c f'1.0-_,7u('.A-e/L., , 1978. CITY OF NEWPORT BEACH By //(/ate7_ WAYNE SCHWAI�iMEL„ Assistant t• he City" Manager," 'ty esex)tative G ORGrAPPAS, Fi Direc . City Rep `:sentative APPROVED AS TO FORM: DENNIS D. O'NEIL, City Attorney NEWPORT BEACH FIRE FIGHTERS ASSOCIATION ED GRE N, President BY f J '1.4i✓, 6t • SAMUEL J. LS, Association Representative -8- • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Fire Fighters Association (hereinafter called "NBFFA") and shall apply to all classifications set forth in Appendix "A". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBFFA. The NBFFA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBFFA Recognition NEWPORT BEACH hereby confirms its prior certification of NBFFA as the recognized employee organization for the employees in the Fire Employees unit, and agrees to meet and confer and otherwise deal exclusively with NBFFA on all matters within the scope of representation pertaining to the said employees as authorized by law. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBFFA dues, and to deduct such payments from the wages of all NBFFA members and employees when authorized to do so by said members and employees, and remit such payments to the NBFFA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBFFA shall constitute payment of said dues by such members and employees of the NBFFA. ARTICLE III Salaries and Wages NEWPORT BEACH and NBFFA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. The salary schedule set forth in Appendix A shall be reviewed and, if necessary, adjusted at mid -year (January, 1976) in the following manner: A. Prior to January 15, 1976, the parties shall meet for the purpose of ascertaining the average hourly rate then paid in the following jurisdictions for each comparable classification referred to in Appendix A: Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Orange, Santa Ana. B. The average hourly rate for each classification shall be determined by: (1) Multiplying the monthly base rate of pay for that classification by 12: and (2) Dividing (1) above by the average number of hours worked per i • • week times 52. For purposes of this survey, comparisons shall be made at the top step of the normal salary range and shall exclude any additional pay for educational or scholastic incentive, longevity, language proficiency, special assignments, etc. Average number of hours worked shall be construed to mean the gross number of hours per week scheduled to be worked by an employee in a particular classification excluding time off for sick leave, vacation, holidays, etc. C. Prior to January 31, 1976, the average hourly rate referred to hereinabove shall have been ascertained by the parties. In the event of a failure of the parties to reach agreement on this item, the matter shall be resolved as prescribed in Section 10 of Resolution 7173. D. Upon determination of the average hourly rate as prescribed in paragraphs B. or C. above, the salary range of each classification in Appendix A shall be increased to that salary range in the City of Newport Beach Compensation Plan which is closest to the average hourly rate and shall be effective January 3, 1976. ARTICLE IV NEWPORT BEACH agrees to add the following holidays to those observed by the City: Christmas Eve (Last half of the working day) New Year's Eve (Last half of the working day) Employees represented by NBFFA shall not receive time off for these holidays but instead shall be compensated with a cash payment equal to 12 hours pay at straight time rates. Said cash payment shall be made prior to Aug. 31, 1975. ARTICLE V Retirement NEWPORT BEACH and NBFFA agree to a joint valuation of the Amendments to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH agrees to implement said amendments if such action results in no cost to the City. ARTICLE VI Compensation for Acting Appointments NEWPORT BEACH agrees to change Section 502.6 of the Personnel Resolution to provide that a Fireman serving in an acting capacity as a Fire Engineer shall be compensated for all time spent in such acting capacity at the salary rate he would have received had he been promoted to the Fire Engineer position. NBFFA agrees that such higher compensation shall be paid only to those Firemen who have been certified by the Fire Chief as qualified on the apparatus to which he will be assigned in the acting capacity. NBFFA further agrees that compensation for such acting appointments will be paid on the first pay period following the 28 day work cycle in which the Fireman served in such acting capacity. ARTICLE VII Other Terms and Conditions of Employment All other terms and conditions of employment of all employees represented by the ASSOCIATION in existence immediately prior to the effective date of this Agreement shall remain unchanged and in full force and effect during the entire term of this Agreement unless altered by mutual agreement of the parties hereto. ARTICLE VIII Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this agreement and not set forth herein. ARTICLE IX Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1976, and thereafter from year to year unless within the time frame and in the manner designated in Section 13 TIMETABLE FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1975. ARTICLE X Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE XII Non -Discrimination NEWPORT BEACH and the NBFFA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBFFA, or because of race, creed, color, national origin, religious belief, political affiliation, sex, or age. At torney O'NEIL, City ttorn ey Executed this 17 77% day of .77/4 , 1975. CITY OF NEWPORT BEACH finance lsr• tor and City Rep R entative Approved as to Form: (51a( By: THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION resenta lf�� tive OM AND !ON, Representative STEPH.' H. SILVER, Representative Fireman Fire Engineer Fire Captain APPENDIX A Effective July 19, 1975 Salary Range 44.039 - 48.039 46.022 - 50.022 49.022 - 53.022 Approx. Mo. Salary $1,029 - 1,251 1,116 - 1,357 1,292 - 1,571 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City Council of the City of Newport Beach and the Newport Beach Fire Fighters Association. All the terms and conditions of this Memorandum shall become effective upon adoption of a Resolution by the City Council. ARTICLE I Salaries Effective from September 24, 1977, through November 18, 1977, the salary schedule for employees in the following classifications will be as indicated: Classification Salary Range Monthly Salary Fire Captain 51.024-55.024 $1,428 - $1,735 Fire Engineer 48.024-52.024 1,233 - 1,499 Fireman 46.041-50.041 1,137 - 1,382 Effective from November 19, 1977, through June 30, 1978, the salary schedule for employees in the following classifications will be as indicated: Classification Salary Range Monthly Salary Fire Captain 50.024-54.024 $1,360 - $1,651 Fire Engineer 47.024-51.024 1,175 - 1,428 Fireman 45.041-49.041 1,083 - 1,316 • ARTICLE II Retirement The City Council agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 21252.01 of the California Government Code, referred to as the2% @ 50 retirement formula. The effective date of this Amendment will be on or before June 30th, 1978. ARTICLE III Other Terms and Conditions of Employment All other terms and conditions of employment of all employees represented by the NBFFA in existence immediately prior to the effective date of this Agreement shall remain unchanged and in full force and effect during the entire term of this Agreement unless altered by mutual agreement of the parties hereto. ARTICLE IV Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. For the life of this Memorandum, neither party shall be compelled, and each party expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this agreement and not set forth herein. ARTICLE V Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE VI Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1978, and thereafter from year to year unless within the time frame and in the manner designated in Section 13 TIMETABLE FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Executed this , /n-Y day of (>2-z)—v-• , 1977. CITY OF NEWPORT BEACH By: MILAN M. DOSTAL MAYOR Approved as to Form: A DENNIS O'NEIL, CITY ATTbRNEY THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION By:=�ht';��U .' Y %") ✓IOHN HAMILTON, PRESIDENT EDGAR GREEN, REPRESENTATIVE JE RRY ROM, REPRESENTATIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Memorandum of Understanding is entered into with reference to the following: In the interest of maintaining harmonious relationships between the City of Newport Beach and the Newport Beach Firefighters Association, authorized representatives of the City of Newport Beach (hereinafter referred to as the "CITY") and authorized representatives of the Newport Beach Firefighters Association (hereinafter referred to as the "ASSOCIATION"), a recognized employee organization, have met and conferred in good faith exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by the ASSOCIATION; and Representatives of the CITY and the ASSOCIATION have reached an understanding and agreement as to certain changes in wages, hours, fringe benefits and other terms and conditions of employment of the employees represented by the ASSOCIATION and have agreed that the parties hereto shall jointly recommend to the City Council of the City of Newport Beach approval of said understanding and agreement and adoption of a new wage and salary resolution which will provide for and implement said changes. Therefore, the CITY and the ASSOCIATION agree as follows: # • ARTICLE I. SALARIES A new Wage and Salary Resolution shall be adopted executing the following changes in salaries for the 1974-75 fiscal year. A. Effective July 6, 1974, the salary of each employee represented by the ASSOCIATION shall be increased by an amount equal to eight percent (8%) over and above his salary immediately prior thereto. B. Effective March 29, 1975, the salary of each employee represented by the ASSOCIATION shall Se increased by an amount equal to five percent (5%) over and above his salary immediately prior thereto. ARTICLE II. HEALTH INSURANCE Effective October 1, 1974, the Health Insurance Plan, maintained by the City, will be changed as indicated for employees and their eligible dependents as follows: A. The calendar year deductible for each insured family member shall be reduced to $50.00 per year. B. The family deductible limit shall be reduced to $150.00. C. Out-of-pocket limit (co-insurance limit) of $500.00 per person will be added to the Plan. This feature will provide 100% reimburse- ment of covered medical expenses when the 20% co-insurance paid by the employee reaches $500.00 in any calendar year. D. The maximum benefit for each insured family member shall be increased to $250,000.00. E. The existing maternity benefit will be discontinued for pregnancies that commence on or after July 1, 1974. • • ARTICLE III. INSURANCE PREMIUM COSTS Effective October 1, 1974, the CITY shall pay 100% of the employee premium cost for Health and Life insurance including all increased premium cost resulting from the amendments to the Health Insurance coverage described hereinabove in Article II. The premium payments for Short and Long Term Disability Insurance shall continue to be governed by the terms now in effect (i.e., those employees who have 0-12 12-hour shifts of accrued sick leave shall pay 100% of the premium cost; those employees who have 13-26 12-hour shifts of accrued sick leave shall pay 50% of the premium cost and the City shall pay 50% of the premium cost; those employees who have 27 12-hour shifts or more of accrued sick leave shall have the entire cost paid by the City.) In addition, the CITY shall continue to extend Health Insurance coverage to eligible dependents of employees and to pay 95% of the premium cost for such dependents, including the increased premiums resulting from the amendments described hereinabove in Article II. The remaining 5% of such premiums shall continue to be paid by the employees. ARTICLE IV. CLOTHING ALLOWANCE The CITY agrees to increase the Uniform Clothing Allowance by $25.00 per man per year, the money to be used for the purchase of Safety Shoes for members of the Department. ARTICLE V. OTHER TERMS AND CONDITIONS OF EMPLOYMENT All other terms and conditions of employment of all employees represented by the ASSOCIATION in existence immediately prior to the effective date of this Agreement shall remain unchanged and in full force and effect during the entire term of this Agreement unless altered by mutual agreement of the parties hereto. This Memorandum of Understanding shall be implemented by appropriate resolution or resolutions of the City Council of the City of Newport Beach. Executed this 221° day of i , 1974. CITY OF NEWPORT BEACH NEWPORT BEACH FIREFIGHTERS ASSOCIATION -CIF)AGNER BY: / BY: (AA 1u_ rR I E ., Assistant to the AUGUST refig t rs Reprsentative 'ty Mai}ager..and City Representative d (46 GEORGE PA S, Financ �ihector CK WAITE, Firefighters Representative and City esentati STEPHEN H. SILVER, Representative