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Item 4.1 - Adoption of a Reso Auth the City Manager to Execute an MOU between City and Poway Firefighters Association(F) DATE: TO: FROM: INITIATED BY: City of Poway COUNCIL AGENDA REPORT September 19, 2017 APPROVED ❑ APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED Resolution No. Ii-Do Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager Jodene Dunphy, Director of Human Resources & Risk Management - (858) 668-4413 or jdunphy(obpoway.org SUBJECT: Adoption of a Resolution Authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding (MOU), Effective July 1, 2017 through June 30, 2019 between the City and the Poway Firefighters' Association (PFA) and Approving the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group; and Adoption of a Resolution Appropriating Funds in the Fiscal Year 2017- 18 Budget to Implement the Financial Terms of the MOU Summary: The existing Memorandum of Understanding (MOU) between the City of Poway and the Poway Firefighters' Association (PFA) expired on June 30, 2017. Staff has reached agreement with the PFA, including a two-year term for the new MOU effective July 1, 2017 through June 30, 2019. Recommended Action: It is recommended that the City Council: 1) Adopt a Resolution authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding (Exhibit A of Attachment A) between the City and the Poway Firefighters' Association (PFA), approved through a vote by the PFA, and approve the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group (Exhibit B of Attachment A), retroactive to the start of the pay period that includes July 1, 2017; and 2) Adopt a Resolution appropriating funds in FY 2017-18 to implement the financial terms of the agreement with the PFA. Discussion: California law provides for the determination of public employee wages, hours and other terms and conditions of employment through a process of meeting and conferring between public agency representatives and employee bargaining group representatives. Negotiations between the City and Poway Firefighters' Association (PFA) representing 48 safety employees began in April 2017. After seven meet and confer sessions, an agreement has been reached. The PFA voted and approved the terms of the agreement, which include a provision for employees of the bargaining group to increase the amount they contribute toward CalPERS retirement costs. 1 of 39 September 19, 2017, Item #4.1 Approval of Salary/Benefit Plan September 19, 2017 Page 2 The key terms negotiated and incorporated in the Memorandum of Understanding with the PFA include the following: 1) Two -Year Term from July 1, 2017 to June 30, 2019 2) Wage Increases 3.5% in Year 1 (retroactive to the first day of the pay period that includes July 1, 2017) 2% in Year 2 3) Increase in "Classic" PERS Employee Contributions • Employee contributions increase from 9% to 10% (retroactive to the first day of the pay period that includes July 1, 2017) 4) Change in Cost Share of Medical Plan Dependent Coverage Effective the plan year beginning December 2017, the cost share of the HMO medical plans will change from a 50% / 50% cost share to the City paying 60% of the plan costs and the employee paying 40% of costs for dependent coverage 5) Paramedic Certification Pay Fire Captain/Paramedics and Fire Engineer/Paramedics will receive an annual paramedic license recertification stipend of $1,800, and Firefighter/ Paramedics will receive an annual paramedic recertification stipend of $1,000. 6) The establishment of a 24 -day work period under the Fair Labor Standards Act. 7) The establishment of a station bid system policy for staffing assignments. The MOU with proposed draft changes will be executed after the City Council's approval of the Resolution (Attachment A). The MOU will be effective retroactively to July 1, 2017 through June 30, 2019 and will incorporate the terms listed above. The Resolution also approves the new salary schedules that will be effective the first pay period that included July 1, 2017. To implement the changes in the MOU, one additional resolution is attached. Attachment B appropriates the funding to implement the financial terms outlined above in Fiscal Year 2017-18. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: The total projected fiscal impact of the proposed financial terms of the changes to the Memorandum of Understanding (MOU) between the City of Poway and the Poway 2 of 39 September 19, 2017, Item #4.1 Approval of Salary/Benefit Plan September 19, 2017 Page 3 Firefighters' Association (PFA) for Fiscal Year 2017-18 is estimated at $331,507. This reflects an offset of just under $29,000 in cost savings resulting from increased employee contributions toward pension benefits. The total projected fiscal impact of the proposed financial terms of the approved terms in the MOU for Fiscal Year 2018-19 is $461,060. This includes a year -two offset of just over $30,506 in cost savings resulting from increased employee contributions toward pension benefits. The cumulative fiscal impact for the two-year period covered by changes to the MOU is estimated to be $792,567. This total accounts for the compounding effects of the wage increases made in year one of the agreement added to the wage increases in year two of the agreement. The attached Resolution (Attachment B) includes the appropriations necessary to adjust the Fiscal Year 2017-18 budget to implement the changes to the new terms of the MOU with the PFA. The Fiscal Year 2017-18 operating budget includes sufficient funding to accommodate these appropriations. Public Notification: Mike Powell, Employee Representative, Poway Firefighters' Association, Employee Services, 2370 Fifth Avenue, San Diego, CA 92101 was provided a copy of this report. Attachments: A. Resolution authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding between the City and the Poway Firefighters' Association (Exhibit A) and approving the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group (Exhibit B), retroactive to the start of the pay period that includes July 1, 2017 B. Resolution appropriating funds in Fiscal Year 2017-18 to implement the wage and salary provisions of the Memorandum of Understanding with the Poway Firefighters' Association Reviewed/Approved By: Reviewed By: V0 t✓ WendVKasernnan Morgan Foley Assistant City Manager City Attorney Approved B . Tina White City Manager 3 of 39 September 19, 2017, Item #4.1 RESOLUTION NO. 17-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE EXECUTION OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE POWAY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2019 AND APPROVING THE FISCAL YEAR 2017-18 AND FISCAL YEAR 2018-19 SALARY SCHEDULES FOR CLASSIFICATIONS WITHIN THE SAFETY EMPLOYEES BARGAINING GROUP WHEREAS, the City of Poway, through its management representatives, has met and conferred in good faith with the Poway Firefighters' Association (PFA); WHEREAS, the representatives of the City and PFA each have exchanged freely information, opinions and proposals on matters regarding wages, hours and other terms and conditions of employment for employees in the PFA Bargaining Group; WHEREAS, the City and PFA representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2017 through June 30, 2019; WHEREAS, the City and PFA representatives have agreed upon salary increases reflected in the Salary Schedules for Classifications within the Safety Employees Bargaining Group incorporated into the Memorandum of Understanding, with the first salary increase of 3.5% effective retroactive to June 19, 2017 and a 2% salary increase effective the beginning of the pay period that includes July 1, 2018; WHEREAS, the City Council of the City of Poway wishes to adopt said Salary Schedules; WHEREAS, the City and PFA representatives have agreed upon all other terms as contained in the attached Memorandum of Understanding to this Resolution; and WHEREAS, the PFA voted to approve the terms included in the Memorandum of Understanding for the period of July 1, 2017 through June 30, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the Memorandum of Understanding (Exhibit A) be approved and executed effective July 1, 2017. 4 of 39 ATTACHMENT A September 19, 2017, Item #4.1 Resolution No. 17 - Page 2 Section 2: That the Salary Schedules for Classifications within the Safety Employees Bargaining Group will be incorporated into the Memorandum of Understanding and are attached as Exhibit B, are hereby adopted. Section 3: That the City Manager is hereby directed and authorized to implement all provisions of the approved Memorandum of Understanding. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of September 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-"` was duly adopted by the City Council at a meeting of said City Council held on the 19th day of September 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Nancy Neufeld, CMC, City Clerk City of Poway ATTACHMENTS: Exhibit A Exhibit B 5 of 39 September 19, 2017, Item #4.1 EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND POWAY FIREFIGHTERS' ASSOCIATION Effective July 1, 20152017 — June 30, 24W 2019 6 of 39 September 19, 2017, Item #4.1 TABLE OF CONTENTS ARTICLE 1. GENERAL........................................................................................ Section1. Purpose...................................................................................................................................................1 Section2. Scope.......................................................................................................................................................1 Section 3. General Provisions...................................................................................................................................1 ARTICLE 2. SEVERABILITY AND SAVINGS..............................................................................33-3 ARTICLE 3. SYMPATHY ACTION ................................ ARTICLE 4. DURATION OF AGREEMENT ................ ARTICLES. WAGES ARTICLE 6. LEAVES .....................................444 444 4_44 .................................................444 Section1. Vacation...............................................................................................................................................444 Section2. Overtime.........................................................................................................................................111819 Section2. Sick Leave.............................................................................................................................................666 Section3. Life Insurance.................................................................................................................................143-242 Section3. Holidays................................................................................................................................................. 9 Section4. Bereavement Leave...........................................................................................................................1099 Section 6. Deferred Compensation.................................................................................................................141333 SectionS. Shift Trade............................................................................................................................................. 10 ARTICLE 7. PAYROLL AND WORKWEEK..........................................................................114949 Section1. General...........................................................................................................................................111&19 Section1. Health.............................................................................................................................................133242 Section2. Overtime.........................................................................................................................................111819 Section2. Eye Care.........................................................................................................................................143-242 Section3. Dues Deduction..............................................................................................................................121111 Section3. Life Insurance.................................................................................................................................143-242 Section 4. Compensatory Time Off (CTO).......................................................................................................121334 Section 4. Long Term Disability Income Insurance..........................................................................................141314 Section 5. Call -Back Time ....................... ......................................................................................................... 13323-1 ARTICLE B. BENEFITS.............................................................................................................132 Section1. Health.............................................................................................................................................133242 Section2. Eye Care.........................................................................................................................................143-242 Section3. Life Insurance.................................................................................................................................143-242 Section 4. Long Term Disability Income Insurance..........................................................................................141314 Section 5. Flexible Benefits Program..............................................................................................................144343 Section 6. Deferred Compensation.................................................................................................................141333 Section 7. Retirement Health Savings Plan.....................................................................................................153343 Section 8. E......l..yee o,,....r:. o_. ;e Computer Loan Program.....................................................................1543434 Seetien9.. Eempdter bean Pregram..................................................................................................................15334 7 of 39 September 19, 2017, Item #4.1 ARTICLE 9. SPECIAL PAY.......................................................................................................135 Section 1. Tuition Reimbursement.................................................................................................................164545 Section 2. Uniforms and Equipment................................................................................................................ 17,6, 5 Section3, Acting Pay.......................................................................................................................................184716 Section4. Travel Expenses.............................................................................................................................. 183446 Section 5. 8iliagual Pay Paramedic License Recertification............................................................................184746 ARTICLE 10. SERVICE..............................................................................................................19 Section1. Probation.......................................................................................................................................194847 Section 2. Prohibition of Tobacco Use.............................................................................................................191847 Section3. Safety.............................................................................................................................................194817 Section 4. Meal and Rest Periods...................................................................................................................194847 Section5. Transfers........................................................................................................................................204918 Section 6. Layoff and Abolishment of Positions.............................................................................................204918 Section 7. Driving Eligibility.............................................................................................................................201318 Section 8. Licenses and Certificates................................................................................................................213918 Section9. Direct Deposit................................................................................................................................212049 Section10. Resignations.................................................................................................................................212849 Section 11. Training and Seminars..................................................................................................................212039 Section12. Bid System........................................................................................................................................2120 ARTICLE 11. GRIEVANCE PROCEDURE.............................................................................22 ARTICLE 12. RETIREMENT AND SOCIAL SECURITY...... 20 ARTICLE 13. MAINTENANCE OF BENEFITS.....................................................................422-24 ARTICLE 14. JOB ACTIONS ................................ ..........243324 ARTICLE 15. AMERICANS WITH DISABILITY ACT ......................................................... 24241ZI ARTICLE 4-716. PERSONNEL RULES...................................................................................242332 ARTICLE 4917. POSTING OF AGREEMENT......................................................................243422 APPENDIX A: SALARY SCHEDULES............................................................................................27 8 of 39 September 19, 2017, Item #4.1 MEMORANDUM OF UNDERSTANDING This is a memorandum of understanding as provided for in the California Government Code, Sections 3500 through 3510, which is also known as the Meyers-Millias-Brown Act. This memorandum is hereinafter referred to as the Agreement, between the City of Poway, hereinafter referred to as the City, and the Poway Firefighters' Association, hereinafter referred to as the Association or Bargaining Unit. This Agreement shall become effective when ratified by the Association and adopted by the City Council of the City of Poway. ARTICLE 1. General Section 1. Purpose This Agreement recognizes the Association as the majority representative of the safety unit, which consists of Fire Captain/Paramedic, Fire Engineer/Paramedic, and Firefighter/Paramedic, and represents the unit for matters within the scope of meet and confer. Section 2. Scope Meet and confer is limited to wages, hours and other terms and conditions of employment, and shall not include any items not covered by this Agreement or adopted by reference in this Agreement or any subject preempted by Federal or State law. Section 3. General Provisions A. City Employer -Employee Relations Resolution The Association herein adopts by reference the City Employer -Employee Relations Resolution in its present form. The City agrees to meet and consult with the Association regarding the impact on its members of proposed amendments. B. Construction The rights, powers and authority of the City in all matters shall not be modified or restricted by this Agreement. In interpreting the language of this Agreement, first the plain meaning of the language shall prevail. If the parties cannot agree on the plain meaning of the language, then the intent of the parties shall be considered; then the trade or industry usage of the language shall be considered. C. City Rights The rights of the City include, but are not limited to the exclusive right to determine 9 of 39 September 19, 2017, Item #4.1 the mission of its constituent departments, commissions, committees, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. D. City Procedures Unit Determination. The City reserves the privilege of establishing units for meet and confer, but will maintain the safety unit for the duration of this Agreement. Jurisdictional Disputes. In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the Agreement in force at the time. Awards. Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council. 4. Time Spent for Meet and Confer and Grievances. The City allows reasonable time off without loss of compensation for a reasonable number of recognized representatives of the Association for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the Director of Safety Services. Members of the Association may work for another member pro bono (a shift substitution) due to Association activities following the joint approval of the Director of Safety Services or designee and a Board member of the Association. 5. Access to Work Location. Representatives of employee organizations may be allowed reasonable access to work locations only after they have obtained permission of the City Manager. Employee Bargaining Unit Representatives must advise supervisors in advance of time they will be away from their regular job duties for approved, scheduled employee organization business as provided under Section D. City Procedures. 6. Use of City Facilities. Employee organizations may, with prior approval of the City Manager, be granted the use of City facilities during non -working hours for meetings of City employees, provided space is available, and provided further such meetings are not used for organizational activities, membership drives, or political activities of City employees. 10 of 39 September 19, 2017, Item #4.1 Availability of Data. The City will make available to employee organizations such non -confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth herein and in the California Government Code. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment for reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries. but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of the following: a. Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City policy. b. Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available, clearly outweighs the public interest served by disclosure of the record. c. Records pertaining to pending litigations to which the City is a party or to claims or appeals that have not been settled. Nothing herein shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Bulletin Board Space. The City shall make available bulletin board space on existing bulletin boards designated for general employee information for the use of the employee organization in posting notices. The City and Association will establish a list of locations, which will be maintained by and on file with the Human Resources Manager. ARTICLE 2. Severability and Savings If any portion of this Agreement, or the application of such portion to any person or circumstance, shall be invalidated by judicial or legislative action, the remainder of this Agreement, or the application of such portion to persons or circumstances other than those as to which it is invalidated shall not be affected thereby, and shall remain in full 11 of 39 September 19, 2017, Item #4.1 force and effect. The Association will be duly notified of any legislative action invalidating any section of this Agreement. In addition, the City will meet and consult with representatives of the unit prior to the implementation of new programs which have an impact on the unit. ARTICLE 3. Sympathy Action During the term of this Agreement, neither the Association nor any person or persons covered by this Agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an Agreement in effect with the City. ARTICLE 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 20192017 and terminate at 11:59 p.m. on June 30, 20172019. At the expiration of this Agreement, in whole or in part and in the absence of a new agreement, the Association and the City agree to continue operating under the provisions of this Agreement until such time as a new agreement is reached, provided, however, such new agreement shall be retroactive to the date of expiration of this Agreement or any part of this Agreement. ARTICLE 5. Wages Wages shall increase by%`three and one-half percent (3.5%) for all job classifications, effective the beginning of the pay period which that includes July 1, 204-5 2017. Wages shall increase by two and one half percent k'�,�0°� for all job classifications, effective the beginning of the pay period whish that includes July 1, 20113 2018. The Salary Schedule is shown in Exhibit A. ARTICLE 6. Leaves Section 1. Vacation A. Computing Annual Vacation Leave All employees who have served more than one year of continuous service shall be entitled to vacation leave with pay. 12 of 39 September 19, 2017, Item #4.1 Annual vacation leave shall be computed in accordance with the following schedule: 1 through 5 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees After 5 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees After 10 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees After 15 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees B. Vacation Leave Accrual Vacation Leave Credits 5.538 hours per pay period 3.692 hours per pay period Vacation Leave Credits 6.923 hours per pay period 4.615 hours per pay period Vacation Leave Credits 8.308 hours per pay period 5.538 hours per pay period. Vacation Leave Credits 9.231 hours per pay period 6.154 hours per pay period Vacation time can be accumulated to a maximum of two times one -year's eligibility. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until the employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by the Director of Safety Services in the event a vacation request is denied. C. Use of Vacation Time The times at which an employee may take their vacation shall be determined by the Department Director with due regard for the wishes of the employee and particular regard for the needs of the City. All requests for vacation time off shall be for a minimum of four hours. 13 of 39 September 19, 2017, Item #4.1 In the event one or more holidays fall within a vacation leave period, the normal holiday pay will be paid. Effective December 1, 2008, no more than six employees can be on vacation or comp time off per 24-hour shift. Requests for vacation times are determined on a first-come, first-served basis. In the event that multiple requests for vacation are received at the same time, seniority will be the deciding factor. Seniority as it is referred to here shall be determined by the date of hire within the City of Poway Department of Safety Services. If more than one employee shares the same date of hire, a method of chance will be utilized to determine the individual that will be granted the vacation time off. This could include the selection of a recorded number, draw of the cards, or roll of the dice. When it is necessary to hire back to fill a vacancy to maintain the Department staffing plan, a system of rank -for -rank hire back shall be utilized first. In the event this process does not result in filling the vacation request, then employees who meet the Department's requirement to serve in an out -of -class -acting (OCA) capacity shall be contacted to fill the vacancy. In no event shall an individual of a higher rank be utilized to fill a lower ranking position without first consulting the Operatiens-I3attalion Chief if during the normal work day, or the Duty Chief if after hours. The decision of the Chief Officer on this matter will prevail. D. Payout of Vacation Leave Employees who terminate employment shall be paid a lump sum for all vacation leave earned prior to the effective date of termination, as required by law. E. Vacation Conversion The City will allow the conversion of accumulated vacation to cash subject to the following requirements: 1. An employee must have at least three years of continuous service with the City. 2. A maximum of two shifts (48 hours) per year may be converted to cash at the current hourly rate. 3. After the conversion, the employee must have at least 96 hours of accrued vacation. Section 2. Sick Leave A. Sick Leave Use 14 of 39 September 19, 2017, Item #4.1 Sick leave shall be allowed for the following qualifying reasons: For the employee's own illness or injury. For the employee's own diagnosis, care, or treatment of an existing health condition, or preventative care, including medical and dental appointments. For the diagnosis, care or treatment of an existing health condition or preventative care for an employee's family member, including: parent, parent -in-law, child, spouse, domestic partner, grandparent, grandchild, or sibling. o In accordance with the California Kin Care Law, regular full-time employees may use available Family Sick Leave (FSL) to care for a family member. If FSL is exhausted, employees must use other available accrued leave (e.g., vacation). To obtain relief or services related to being the victim of domestic violence, sexual assault, or stalking, including the following with appropriate certification of the need for services: o A temporary restraining order or restraining order o Other injunctive relief to help ensure the health, safety or welfare of themselves or children. o To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. o To obtain services from a domestic violence shelter, program, or rape crisis center as the result of an act of domestic violence, sexual assault, or stalking. o To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. o To participate in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. If an employee's sick leave balance is exhausted, another paid leave (e.g., vacation, comp time) will be used. Employees must use available sick leave for the first thirty days of a long-term personal illness, injury, or disability. B. Sick Leave Accrual Sick leave with pay may be granted to all probationary and regular employees within the Bargaining Unit who are employed in regular full-time positions. Sick leave shall not be considered a right but shall be allowed only in case of necessity and actual personal sickness or disability. Sick leave shall be accrued in accordance with the following schedule: 15 of 39 September 19, 2017, Item #4.1 112 -hour biweekly employees 80 -hour biweekly employees Sick Leave Credits 5.538 hours per pay period 3.692 hours per pay period Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In the event a 112 -hour biweekly employee is scheduled to work on a Designated Holiday and is out on sick leave, the normal holiday pay will be paid. Employees will not accrue sick leave while on leave -without -pay status. B. Notification In order to receive compensation while absent on sick leave, the employee shall notify the designated Fire Department point of contact prior to the beginning of his/her daily duties. The Director of Safety Services may require certification by an employee's physician that the employee is able to return to work in order to receive compensation for sick leave, if: 1. The sick leave spans two or more consecutive scheduled shifts, and 2. An abuse of sick leave is suspected, and 3. The employee has been formally counseled regarding the abuse. This requirement is at the discretion of the Director of Safety Services. However, the Director of Safety Services may require such certification when the City deems necessary, regardless of the time taken, subject to prior employee counseling. In the event an employee does not have a sufficient amount of accumulated sick leave to receive full compensation while absent due to illness, other accumulated leaves must be used before the employee goes to a leave without pay status. Leave without pay may only be granted with the approval of the City Manager. C. Family Sick Leave A 112 -hour biweekly employee may use accrued sick leave up to three (3) twenty-four hour shifts (72 hours) and an 80 -hour biweekly employee may use up to forty-eight (48) hours of accrued sick leave in each fiscal year to care for a parent, parent -in-law, child, spouse, domestic partner, grandparent, grandchild, or sibling. Employees must notify the designated Fire Department point of contact in advance when such leave is being taken 16 of 39 September 19, 2017, Item #4.1 and so note in the comments section of his/her time card, as well as a Leave Request, if done in advance. An employee cannot use personal sick leave in place of Family Sick Leave. 17 of 39 September 19, 2017, Item #4.1 Section 3. Holidays A. Designated Holidays The holidays for 112 -hour biweekly employees in this unit are as follows: New Year's Day January 1 Martin Luther King Jr. Day 3rd Monday, January President's Day 3rd Monday, February Memorial Day Last Monday, May Independence Day July 4 Labor Day 1st Monday, September Veteran's Day November 11 Thanksgiving Day 4th Thursday, November Thanksgiving Friday Friday after Thanksgiving Christmas Day December 25 The 80 -hour biweekly employees in this unit shall be entitled to the same holidays off as other 80 -hour employees in the City, which in no event shall be less than the above listed holidays. Holiday pay for the 112 -hour biweekly employees in this unit shall be 12 hours pay at their regular rate of pay. In addition to regular pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. To be eligible for holiday pay, an employee must be in a paid status in the pay period that includes the holiday. Section 4. Bereavement Leave In the event of a death in the family, a 112 -hour biweekly employee shall be eligible for up to 48 hours off with pay to attend the funeral or make funeral arrangements; an 80 - hour biweekly employee shall be eligible for up to 24 hours with pay, subject to the following provisions: A. The relatives designated shall include child, parent, sibling, grandparent, grandchild, and domestic partner. It shall also include "in-law" relatives and those relationships generally called "step". B. Bereavement leave is not compensable when the employee is on leave of absence, bona fide layoff, or for days falling outside the employee's regular work period. io 18 of 39 September 19, 2017, Item #4.1 C. All requests for paid bereavement leave shall be made in writing as soon as practical but in no event later than the first day back to work, and shall be subject to the approval of the Human Resources Manager or designee. Section 5. Shift Trade Employees assigned to a 112 -hour biweekly work schedule are permitted to trade shifts in accordance with the following provisions: A. All shift trade requests are made voluntarily by the employees involved. B. Compensable hours for involved employees will not change due to the trade. C. Shift trades can only be agreed upon by two employees of the same rank and required certification to perform the substituted role, such as Tiller Operator. D. Shift trades shall be scheduled for a minimum of four hours and be completed within 180 days of the initial traded hours. E. The "banking" of shift trade hours owed by one employee to another is not permitted. F. Shift trades must be approved following Department policy. G. Upon approval, the traded shift becomes the responsibility of the substituting employee. If the substituting employee is unable to work the traded shift due to illness, the substituting employee shall be charged sick leave. H. Shift trades should not cause overtime. Shift trades between employees will not be considered when determining the maximum number of employees off during a 24-hour shift. ARTICLE 7. Payroll and Workweek Section 1. General Employees in this unit shall be assigned to either an 8 -hour or a 24-hour shift. The workweek will consist of 40 or 56 hours respectively. Section 2. Overtime Work in excess of the employee's regular scheduled time will constitute overtime, and if such time is approved, it shall be compensated at one -and -one-half (1-1/2) times that employee's regular rate of pay. The CI SA , GFk p ed fOF 190 h.., . biweekly employees shall s sid-P,.!{h the FegulaF biweekly ..ayFE)II ^o ied of 14 days The FLSA work period for 112 -hour biweekly 11 19 of 39 September 19, 2017, Item #4.1 employees will be a 24 -day FLSA 7(k) work period effective within 30 days of approval of the 2017-2019 Memorandum of Understanding. The number of overtime hours shall be determined in accordance with the provisions of FLSA and this Agreement. The City will establish a "level paycheck" system under the FLSA by taking the annual amount of FLSA overtime hours (152 hours) for shift employees on a 24 -day work period and dividing by the number of pay periods in the fiscal year (26 pay periods). This calculation of 152 hours of annual FLSA overtime divided by 26 pay periods is approximately 5.85 hours of FLSA overtime, which will be prepaid each biweekly pay period in advance of the 24 day FLSA period. Any prepayment of FLSA overtime is an advance and must be repaid upon termination of employment. For the purposes of computing overtime, hours of paid leaves of absences shall be considered as hours worked. Workers Compensation leave (Labor Code §4850) shall not be considered hours worked for purposes of computing overtime. In instances where an additional shift or unscheduled hours are worked prior to the first day of Workers Compensation leave within the employee's FLSA period, the additional shift or unscheduled hours shall be paid at the FLSA overtime rate. With the change of the FLSA work period in the 2017-2019 MOU, the City will pay out, at the rate of pay in effect with the pay period ending June 18, 2017, any current fire hour balances (as calculated by the Finance Department) owed to members of the bargaining unit, within 30 days following approval of the Memorandum of Understanding. Hours currently owed to the City will be forgiven. At time of hire, new employees must sign an agreement acknowledging that if they leave City employment and the City has made a prepayment of FLSA overtime as an advance, the advance must be paid either prior to or with their final check. Current employees must sign a similar agreement no later than October 31, 2017. Section 3. Dues Deduction Upon written request to Human Resources, employees may elect to pay dues to the Poway Firefighters' Association through payroll deduction. Checks will be made payable to the Poway Firefighters' Association only. Section 4. Compensatory Time Off (CTO) Compensatory time off (CTO) will be earned at the straight time rate for each hour worked. The additional one-half hour of overtime compensation for each hour worked will be paid in cash. The maximum accumulation of CTO off shall be 72 hours for all 112 -hour biweekly employees. The maximum accumulation of CTO shall be 80 hours for all 80 -hour biweekly employees in this unit. The accumulation of hours shall be reduced to 48 hours at the end of each fiscal year for all 112 -hour biweekly employees. The 12 20 of 39 September 19, 2017, Item #4.1 accumulation of hours shall be reduced to 40 hours at the end of each fiscal year for all 80 -hour biweekly employees. The employee shall be compensated for the excess accumulation in a cash payment as part of the final pay period of the fiscal year. Requests for the use of CTO shall be valued the same as requests for vacation time off. All requests for CTO must be for a minimum of four hours. Effective December 1, 2008, no more than six employees can be on vacation or CTO per 24-hour shift. Requests for cash payment of accumulated CTO throughout the fiscal year, other than mandatory reduction at the end of the fiscal year, shall be paid during the pay period in which requested. Section 5. Call -Back Time Employees called back to work after expiration of their normal work day or shift to perform emergency work shall be guaranteed minimum call-back time of two (2) hours at the appropriate overtime rate in the event the employee is released from duty within two (2) hours from the time of call. Call-back time will begin at the time of the call when the employee is required to prepare for and report to duty immediately. The employee shall make every effort to report to work as soon as possible after being called back, and in no event shall call-back pay commence sooner than one hour prior to the time the employee reports to work. For purposes of determining eligibility for minimum call-back time, returning to duty to maintain a manning level as determined by the Director of Safety Services will be considered emergency work. ARTICLE 8. Benefits Section 1. Health Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage upon proper application and acceptance. The 13 21 of 39 September 19, 2017, Item #4.1 Section 2. Eve Care The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and his/her dependent coverage. Section 3. Life Insurance The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance company, shall be covered under a group life insurance plan for the amount of one and one-half (1-1/2) times annual income ($15,000 minimum). Section 4. Long Term Disability Income Insurance This employee benefit provides for the payment of a monthly income benefit payment for those covered employees disabled by injury or sickness. The monthly benefit provided under this coverage will be 66-2/3percent of the employee's monthly earnings. The acceptance of an employee's application for long-term disability is subject to the approval of the insurance carrier. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a thirty (30) day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. The City pays 100% of the premium. An employee may use sick leave and other accrued leave to supplement coverage under this benefit up to, but not in excess of, 100% of his/her regular rate of pay. Section 5. Flexible Spending Benefits Program The City will maintain a Flexible Spending Benefits Program in accordance with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible tax benefit. Section 6. Deferred Compensation In addition to the City's existing 457 deferred compensation plan, the City will provide a 401(a) Deferred Compensation Plan. Only full-time employees shall be eligible for this benefit. Employees hired on or before June 30, 2004, shall have a one-year vesting period for the 401(a) plan. For those hired on or after July 1, 2004, the vesting schedule will be as follows for any contributions made by the City: 14 22 of 39 September 19, 2017, Item #4.1 From date of hire until second anniversary - 0% of accumulated value Second anniversary of employment - 20% of the accumulated value Third anniversary of employment - 40% of the accumulated value Fourth anniversary of employment - 60% of the accumulated value Fifth anniversary of employment - 80% of the accumulated value Sixth anniversary of employment - 100% of the accumulated value Section 7. Retirement Health Savings Plan The City agrees to provide a Retirement Health Savings Plan (RHSP) for employees. A. The City will contribute $35.38 per full biweekly pay period into each employee's RHSP account. B. Any fees related to the RHSP will be paid by employees. C. Annual conversion of sick leave hours: Employees must annually convert 40 hours of sick leave to cash as an RHSP deposit in the pay period that includes July 1 when: Their sick leave balance is at least 200 hours after conversion; and The employee used 72 hours or less sick leave in the prior fiscal year (July 1 - June 30). D. Conversion of sick leave hours at service/non-disability retirement: 1. Remaining sick leave hours at service/non-disability retirement shall be converted to cash as an RHSP deposit. 2. The maximum cash value shall be $44-,1-4211,819.70 effective July 1, 201-52017. 3. The maximum cash value shall increase to $x;42012,056.09 effective July 1, 20462018. 4. The maximum cash value shall thereafter increase by the same percentage as future MOU salary increases (e.g., 2% across-the-board salary increase would increase the maximum by 2%, or $44-;42911819.70 x 1.02 = $44-, 64812,056.09) effective the same date as that salary increase. 5. If future salary increases vary by rank, the maximum cash value shall increase by the highest percentage salary increase granted for any rank represented by the Association. is 23 of 39 September 19, 2017, Item #4.1 Lrifel ]ET.1� - 1 • „ . • •� Section 98. Computer Loan Program (Employee Computer Purchase Program Policy & Procedures) Any regular City employee who has completed his/her initial probationary period is eligible to apply for a loan under the City's Computer Program. Participants must agree to comply with the requirements and provisions of the Program. Participants will be eligible to make an initial computer purchase or upgrade their existing computer system through this program. Maximum loan amounts are established based upon the type of computer system being purchased, per the City's policy. ARTICLE 9. Special Pay Section 1. Tuition Reimbursement 16 24 of 39 September 19, 2017, Item #4.1 Employees in the Association shall be allowed to participate in the tuition reimbursement program outlined in the Personnel Rules. The maximum amount of reimbursement shall be $1,500 per fiscal year per employee and will be available on a first-come, first -serve basis. The total funds available to the Association will be $10,000 each fiscal year. Funds remaining in any one fiscal year cannot be carried over to a future year. Approved fire service classes and professional and technical courses in accredited educational institutions are eligible provided that: A. The employee has received at least an overall satisfactory rating on his/her last performance evaluation. B. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City. C. The employee submits a Request for Tuition Reimbursement form to the department Director and Human Resources within three (3) weeks after the beginning of the class. D. Before receiving reimbursement, the employee shall furnish proof of payment and evidence that he/she has completed the course with a grade of "C" or better, if the grade of "C" is acceptable for graduation. A "pass" will be accepted for classes where a pass/fail grading system is used. For approved fire service classes a certificate of completion is required. Section 2. Uniforms and Equipment The City will provide all uniforms that are required by the City in accordance to the following: A. All uniforms will be compliant with NFPA Standard 1500 and as determined by the Director of Safety Services and shall include items specified in Section 2, Item C, below. B. Safety clothing required in the performance of duties shall be provided by the City. Employees shall be required to report for work in the required uniform and shall wear the required safety clothing when performing hazardous duties. C. Standards of maintenance of uniforms and equipment shall be determined by the City. Employees will be required to maintain these standards. Uniforms to be purchased by the City include: 1. Shirts (4) 4. Jacket w/liner (1) 7. T-shirts 6 2. Pants 4 5. Socks 6 r. 8. Belt 1 3. Sweatshirt (1) 6. Physical Training Shorts 9. Ball cap (1) (1) D. Uniform replacements will be made on an as -needed basis as determined by the 17 25 of 39 September 19, 2017, Item #4.1 Department Director or designee. E. Uniform allowance as defined by the California Public Employees' Retirement System (CaIPERS) is a form of compensation for "classic members" of CaIPERS for CaIPERS purposes only. As such, any uniform allowance or the value of uniforms provided by the City will be reported to CaIPERS as part of the employee's annual gross income for purposes of computing the employee's and City's CaIPERS contribution. Under the California Public Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation for "new members" of CaIPERS. Section 3. Acting Pay A. Compensation for working in an acting assignment in the rank of Fire Engineer or Fire Captain shall be paid at the next step in the employee's current range or a minimum of 5% above the employee's current compensation rate. Acting pay will commence after the employee has worked a minimum of 12 consecutive hours in an acting assignment retroactive to the first hour of the assignment. Thereafter, acting pay will continue for every consecutive hour worked in the acting assignment until the employee is relieved of the acting assignment. B. In order for an employee to be eligible to work in an out -of -class position, the employee must have successfully passed the most recent promotional examination for that out -of -class position. C. Serving in an acting capacity will not alter employees' anniversary dates for probationary status or merit increases. Section 4. Travel Expenses Travel expense approval will be in alignment with the City's current policy. SeGtwen 6. M"nqual Pay The City agFee6 to study bilingual pay (aFganizational need, eligibility, GGFApen6ation, Section 5. Paramedic License Recertification The City agrees to pay an annual paramedic license recertification stipend of $1,800 for Fire Captain/Paramedics and Fire Engineer/Paramedics, effective the beginning of the Pay period that includes July 1, 2017. The amount paid each biweekly pay period shall 18 26 of 39 September 19, 2017, Item #4.1 The amount paid each biweekly pay period shall be $38.46. Pursuant to the California Public Employees' Retirement Law (PERU in Government code sections 20630, 20636, the California Code of Regulations section 570.5 and the Public Employees' Pension Reform Act of 2013 (PEPRA) in Government Code section 7522.34, the paramedic license recertification pay is considered pensionable compensation. ARTICLE 10. Service Section 1. Probation All appointments shall be for a probationary period of not less than one year. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. The Department Director shall have the authority to extend the initial period of probation for an additional three (3) months. If any employee is rejected during the probationary period from a position to which he/she has been promoted, the City shall make every reasonable effort to retain the employee in any vacant position in a public safety position for which he/she is qualified. Such efforts may include acceptance of the employee's request for a voluntary demotion to a vacant position. This provision shall not apply if the employee is released from probation due to repeated or single acts of misconduct specified in Rule 14.2 of the City's Personnel Rules. Section 2. Prohibition of Tobacco Use The City agrees to require new hires with an original appointment date after July 1, 2000, to not use tobacco products, and will require continued nonuse as a condition of their employment. Section 3. Safety The Association adopts the following by reference: 1. The City has a Central Safety Committee with representatives from all units. 2. The City and all employees shall comply with any applicable Federal and State law. 3. The City and all employees shall comply with any safety policy and/or procedure that may from time to time be promulgated by the City Council or the Safety Services Department. Section 4. Meal and Rest Periods 19 27 of 39 September 19, 2017, Item #4.1 Meal periods and rest periods will be permitted insofar as they are practicable and consistent with operational interests. In the event of an extended emergency response, the City will reimburse the members of the Poway Firefighters' Association $5.00 per meal, per person when such a response will not allow the fire crews to return to station by 1300 hours for lunch, or $7.50 per meal, per person when returning after 1830 hours for dinner. Reimbursement will be made directly to the affected crew members. All meals will be purchased and consumed within the City limits, whenever practical. Section 5. Transfers If an employee assigned to a 112 -hour biweekly work schedule is transferred to a position on an 80 -hour biweekly schedule, the employee's sick leave and vacation leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for an 80 -hour biweekly employee. If an employee is transferred from an 80 -hour biweekly schedule to a 112 -hour biweekly schedule, the sick leave and vacation accrual rate and balances shall be similarly adjusted. Section 6. Layoff and Abolishment of Positions The City may abolish any position and the employee may be laid off without disciplinary action or without the right of appeal. Whenever the City deems it necessary to reduce the number of employees in any classification, the employee may be laid off without disciplinary action or without the right of appeal. The City agrees to meet with the Bargaining Unit Representatives 30 days prior to issuance of any layoff notices or abolishment of positions to confer over the impact and implementation of said layoffs or abolishment and to discuss alternatives and options. However, the City Manager shall retain the final decision with respect to classifications and number of employees to be laid off. The City's layoff procedures are contained in Rule 13 (Separation from Service) of the City's Personnel Rules, in effect at the time the layoff decision is made. Section 7. Driving Eligibility Employees who drive a vehicle for City business shall have a valid California Driver's License. The City participates in the California Department of Motor Vehicles' "pull program." The City reserves the right to check at any time with the Department of Motor Vehicles and/or an employee to determine if the employee's license is valid. If an employee's driver's license is revoked, suspended or otherwise made invalid by the F 28 of 39 September 19, 2017, Item #4.1 Department of Motor Vehicles, the employee must inform his/her supervisor immediately. Section 8. Licenses and Certificates Employees must maintain licenses and certification as outlined in their respective job specifications at all times. In order to ascertain the validity of the employee's licenses and certificates, employees must present licenses and certificates to their supervisor upon request. If any of an employee's licenses or certificates are revoked, suspended or otherwise made invalid, the employee must inform his/her supervisor immediately. Section S. Direct Deposit All employees will have mandatory direct deposit. Employees will provide authorization to the City to electronically deposit their paychecks to a financial institution of their choice. Section 10. Resignations An employee wishing to resign in good standing shall file with the Department Director a written resignation stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked on the next regular payday after resignation, and will thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and/or benefits lost at the time of resignation. Section 11. Training and Seminars The City provides funds for training and educational seminars as the budget reasonably permits. Tuition and fees for training and educational seminars are paid from these funds. Employees requesting tuition for emergency services, job-related educational seminars must obtain approval in advance from the Director of Safety Services. Employees attending such seminars during their normal duty hours will not be charged vacation leave or compensatory time off leave. Employees attending such seminars on their own time will not be compensated for that time. Section 12. Bid System The City agrees to establish a station bid program by separate policy through a joint committee of PFA members and Fire Management by the first work cycle in January. The policy will be evaluated on an annual basis. 21 29 of 39 September 19, 2017, Item #4.1 ARTICLE 11. Grievance Procedure The Association and City will adhere to the grievance procedure as stated in the Personnel Rules, Rule 15, in effect at the time of the grievance. In addition to Step Five of the Grievance Procedure set forth in the Personnel Rules, the final level of review shall be contained in the Memorandum of Understanding with the Association as follows: If the employee does not agree with the decision reached in Step Five of the Grievance Procedure, he/she may present the appeal in writing to the City Council. Final Level of Review: The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. ARTICLE 12. Retirement and Social Security The City will provide retirement benefits through the Public Employees' Retirement System. The City does not participate in the Social Security System. The use of the terms "classic member" and "new member" shall be as defined in the Public Employee Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by CaIPERS to implement PEPRA. "Classic members" are those members who entered into membership with a retirement system on or before December 31, 2012 who do not meet the definition of "new member' in Government Code section 7522.04(f). A "new member is defined in Government Code section 7522.04(f) as any of the following: 1. An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date; or 2. An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code 7522.02; or 3. An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For employees hired on or before December 31, 2011 and considered "classic members" as defined above: Effective pay period beginning July 11, 2011, each employee in this Bargaining Unit will 22 30 of 39 September 19, 2017, Item #4.1 contribute nine percent (9%) of his/her PERSable salary (excluding overtime) on a pre- tax basis towards the "member contribution" portion of their CaIPERS retirement account. Effective the first pay period including July 1, 2017, each employee in this Barqaining Unit will contribute ten percent (10%) of his/her PERSable salary (excluding overtime) on a pre-tax basis toward the "member contribution" portion of their CaIPERS retirement account. The City currently contracts with the California Public Employees' Retirement System (CaIPERS) to provide the following system features: 1. The retirement benefit formula ep#ea known as 3% -at -50 formula; 2 ^veFage of thFee highest yeaFS' Gempensatkm Final Compensation 3 Year; 3. The Index Level of 1959 Survivors Benefit; and 4. Pre -Retirement Option^' °^+'«le,^ enr2W Death Benefit. For employees hired after December 31, 2011 and considered "classic members" as defined above: The City amended its contract with CaIPERS to create a second-tier retirement plan effective January 1, 2012. The second-tier will apply to employees hired after December 31, 2011 and considered "classic members". The second-tier shall provide: 1. The retirement benefit formula Wien known as 3% -at -55 formula; 4-2. Final Compensation 3 Year 2,3. The Index Level 1959 Survivors Benefits; 4. Pre -Retirement Optional Settlement 2W Death Benefit Effective the first pay period including July 1, 2017 each employee in the second-tier will contribute ten percent (10%) of his/her PERSable salary (excluding overtime) on a pre-tax basis toward the "member contribution" portion of their CaIPERS retirement account. For employees hired on or after January 1, 2013 and considered "new members" as defined above: Employees in this group shall receive: 1. The retirement formula known as 2.7% -at -57 formula; 1-2. The Index Level 1959 Survivor Benefits; and 23 31 of 39 September 19, 2017, Item #4.1 3_Average of three highest years' compensation with no Employer Paid Member Contribution (EPMC)� and: 2-4. Pre -Retirement Optional Settlement 2 Death Benefit. Employees considered "new members" shall pay 50% of the "normal cost" (as determined by CaIPERS annually) on a pre-tax basis. ARTICLE 13. Maintenance of Benefits All rights, privileges, and terms and conditions of employment in full force and effect under the previous MOU and not in conflict herewith shall become a part herein until mutually modified, or otherwise changed by the parties hereto. ARTICLE 14. Job Actions The Association agrees not to strike or otherwise engage in withholding services or concerted action during the term of this Agreement. In addition, the City agrees not to lock out the employees. ARTICLE 15. Americans with Disability Act The City and the Bargaining Unit agree that they are subject to and must conform to the Americans with Disability Act Amendments Act (ADAAA). ARTICLE 4716. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. ARTICLE 4$17. Posting of Agreement 24 32 of 39 September 19, 2017, Item #4.1 A copy of this Agreement will be posted on the City's intranet and internet for employee access. The Agreement will be provided to new hires at the Human Resources orientation. 2s 33 of 39 September 19, 2017, Item #4.1 The undersigned, representing the City and the Association, do hereby adopt the terms and conditions set forth herein and have caused this Memorandum of Understanding to be fully executed by authorized officers. the AsGOGiatie appFeve rt For the City: Tina White City Manager Wendy Kaserman Assistant City Manager Jodene Dunphy Human Resources & Risk Management Director Dated: F For the Association: Mike Powell Employee Representative Rodney Ortiz Fire Captain/Paramedic David Ontiveros Firefighter/Paramedic Mark Chamberlain Firefighter/Paramedic Dated: 34 of 39 September 19, 2017, Item #4.1 EXHIBIT B Salary Schedule for Classifications within the Safety Employees Bargaining Group Effective the beginning of the first pay period that includes July 1, 2017 (effective June 19, 2017) POSITION SALARY Fire Captain/ RANGE STEPS Paramedic 1 142.41 A I B I C I D I E Biweekly (hourly x 112) 3,390.46 3,560.03 3,738.00 3,924.93 4,121.15 Hourly (112 hours) 30.272 31.786 33.375 35.044 36.796 Hourly (80 hours) 42.381 44.500 46.725 49.062 51.514 Approx. Monthly 7,346 7,713 8,099 8,504 8,929 Fire Captain7]77T37.4 A B C D E Biweekly (hourly x 112) 3,228.62 3,390.02 3,559.47 3,737.44 3,924.26 Hourly (112 hours) 28.827 30.268 31.781 33.370 35.038 Hourly (80 hours) 40.358 42.375 44.493 46.718 49.053 Approx. Monthly 6,995 7,345 7,712 8,098 8,503 Fire Engineer /Paramedic 126.3 A B C D E Biweekly (hourly x 112) 2,905.95 3,051.22 3,203.76 3,363.92 3,532.14 Hourly (112 hours) 25.946 27.243 28.605 30.035 31.537 Hourly (80 hours) 36.324 38.140 40.047 42.049 44.152 Approx. Monthly 6,296 6,611 6,941 7,288 7,653 Fire Engineer 121.3 A B C D E Biweekly (hourly x 112) 2,767.74 2,906.18 3,051.44 3,203.98 3,364.14 Hourly (112 hours) 24.712 25.948 27.245 28.607 30.037 Hourly (80 hours) 34.597 36.327 38.143 40.050 42.052 Approx. Monthly 5,997 6,297 6,611 6,942 7,289 Firefighter/Paramedic 120.0 A B C D E Biweekly (hourly x 112) 2,732.46 2,869.10 3,012.58 3,163.22 3,321.36 Hourly (112 hours) 24.397 25.617 26.898 28.243 29.655 Hourly (80 hours) 34.156 35.864 37.657 39.540 41.517 Approx. Monthly 5,920 6,216 6,527 6,854 7,196 Firefighter/Paramedic Probationary 100.0 A B C D E Biweekly (hourly x 112) 2,168.54 2,276.96 2,390.86 2,510.37 2,635.92 Hourly (112 hours) 19.362 20.330 21.347 22.414 23.535 Hourly (80 hours) 27.107 28.462 29.886 31.380 32.949 Approx. Monthly 4,699 4,933 5,180 5,439 5,711 35 of 39 September 19, 2017, Item #4.1 Salary Schedule for Classifications within the Safety Employees Bargaining Group Effective the beginning of the first pay period that includes July 1, 2018 POSITION SALARY Fire Captain/ RANGE STEPS Paramedic 142.4 A B C D E Biweekly (hourly x 112) 3,458.34 3,631.26 3,812.82 4,003.44 4,203.58 Hourly (112 hours) 30.878 32.422 34.043 35.745 37.532 Hourly (80 hours) 43.229 45.391 47.660 50.043 52.545 Approx. Monthly 7,493 7,868 8,261 8,674 9,108 Fire Captain 137.4 A B C D E Biweekly (hourly x 112) 3,293.02 3,457.66 3,630.59 3,812.14 4,002.77 Hourly (112 hours) 29.402 30.872 32.416 34.037 35.739 Hourly (80 hours) 41.163 43.221 45.382 47.652 50.035 Approx. Monthly 7,135 7,492 7,866 8,260 8,673 Fire Engineer /Paramedic 126.3 A B C D E Biweekly (hourly x 112) 2,964.08 3,112.26 3,267.82 3,431.23 3,602.82 Hourly (112 hours) 26.465 27.788 29.177 30.636 32.168 Hourly (80 hours) 37.051 38.903 40.848 42.890 45.035 Approx. Monthly 6,422 6,743 7,080 7,434 7,806 Fire Engineer 121.3 A B C D E Biweekly (hourly x 112) 2,823.18 2,964.30 3,112.48 3,268.05 3,431.46 Hourly (112 hours) 25.207 26.467 27.790 29.179 30.638 Hourly (80 hours) 35.290 37.054 38.906 40.851 42.893 Approx. Monthly 6,117 6,423 6,744 7,081 7,435 Firefighter/Paramedic 120.0 A B C D E Biweekly (hourly x 112) 2,787.23 2,926.56 3,072.83 3,226.50 3,387.78 Hourly (112 hours) 24.886 26.130 27.436 28.808 30.248 Hourly (80 hours) 34.840 36.582 38.410 40.331 42.347 Approx. Monthly 6,039 6,341 6,658 6,991 7,340 Firefighter/Paramedic Probationary 100.0 A B C D E Biweekly (hourly x 112) 2,212.00 2,322.54 2,438.69 2,560.66 2,688.67 Hourly (112 hours) 19.750 20.737 21.774 22.863 24.006 Hourly (80 hours) 27.650 29.032 30.484 32.008 33.608 Approx. Monthly 4,793 5,032 5,284 5,548 5,825 36 of 39 September 19, 2017, Item #4.1 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN WHEREAS, on June 20, 2017, the City Manager of the City of Poway submitted to the City Council of the City of Poway a Financial Program for Fiscal Year 2017-18; and WHEREAS, an appropriation is necessary to adjust the Fiscal Year 2017-18 budget to implement the wage and salary provisions of the July 1, 2017 through June 30, 2019 Memorandum of Understanding with the Poway Firefighters' Association. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the appropriations attached hereto as Exhibit A and incorporated herein by this reference are approved. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of September 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk 37 of 39 ATTACHMENT B September 19, 2017, Item #4.1 Resolution No. Page 2 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-"' was duly adopted by the City Council at a meeting of said City Council held on the 19th day of September 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Nancy Neufeld, CMC, City Clerk City of Poway ATTACHMENTS: Exhibit A 38 of 39 September 19, 2017, Item #4.1 EXHIBIT A Salary and Benefit Recommended Appropriations to City Financial Program for Fiscal Year 2017-18 39 of 39 September 19, 2017, Item #4.1 Fund Salary -Regular Salary- Salary -FISA Benefits- Parm. Cert ASSIGNED DIVISION (1110) Overtime (1140) (1150) General (1300) (1160) Safety Services Fire Suppression (0501) General (100) 146,490 43,430 5,890 38,946 96,751 Totals 146,490 43,430 5,890 38,946 96,751 Grand Total 331,507 39 of 39 September 19, 2017, Item #4.1