HomeMy WebLinkAboutAmbulance Operator - 2019-01-01 APPeVE D 7-0
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City of Huntington Beach
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File #: 19-127 MEETING DATE: 2/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
Subject:
Approve Modifications to the Ambulance Operator Employment Agreement Reflecting
Changes Related to the California Minimum Wage Effective January 1, 2019, through January
1, 2022
Statement of Issue:
The State of California minimum wage changed to $12.00 per hour, effective January 1, 2019.
Additional changes are scheduled for January 1, 2020, January 1, 2021 and January 1, 2022. In
order .to comply with the California Minimum Wage changes, updates to the existing Ambulance
Operator Employment Agreement are required.
Financial Impact:
Funding for the implementation of the contractual modifications to comport with the State minimum
wage change was incorporated into the FY 2018/19 Adopted Budget for the Fire Department; hence,
no additional appropriations are necessary. Future California Minimum Wage changes will be
incorporated as required into future fiscal year budgets.
Recommended Action:
Approve Modifications to the Ambulance Operator Employment Agreement Reflecting Changes
Related to the California Minimum Wage Effective January 1, 2019.
Alternative Action(s):
Do not approve the Ambulance Operator Employment Agreement changes and direct staff to find an
alternative means of reflecting the changes to the state-wide minimum wage for this employee group.
Analysis:
The State of California Minimum Wage increased to $12.00 per hour effective January 1, 2019.
Modifications to the Ambulance Operator Employment Agreement are needed to comport with the
State of California Minimum Wage changes, effective January 1, 2019.
City of Huntington Beach Page 1 of 2 Printed on 1/30/2019
powerel39 LegistarTM
File #: 19-127 MEETING DATE: 2/4/2019
Henceforth, annually, beginning with January 1, 2020, additional California Minimum Wage changes
will be implemented as referenced in the updated Ambulance Operator Employment Agreement
which is included as Attachment #1.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Ambulance Operator Employment Agreement - Updated 01/01/19 including Exhibit A (Job
Duties) and Exhibit B (Benefits)
City of Huntington Beach Page 2 of 2 Printed on 1/30/2019
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AT WILL EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
(NAME]
THIS AGREEMENT made and entered into this day of ,
2 ,by and between the City of Huntington Beach, a charter city and a California municipal
corporation organized and existing under the Constitution and laws of the State of California,
(hereinafter"City")and (hereinafter "Ambulance
Operator" or 'Employee").
WHEREAS, in order to better provide for the health, safety and welfare of the citizens of
Huntington Beach, the City provides detailed control over the daily operations of the City's
emergency transport operations, including "in-house" deployment of ambulances, ownership and
control over equipment and supplies; supervision and control over employee selection and
assignments, and operations; and
It is the desire of the City to employ a well qualified and motivated Ambulance Operator for
a limited time. As such,the City created an "at-will" Ambulance Operator position; and
The City is willing to assume various costs associated with the examination, interviewing,
and investigation of prospective Ambulance Operators and the provision of uniforms and
equipment, training, and salary during training for newly-hired Ambulance Operators; and
It is the desire of the City to provide certain specific benefits, establish certain conditions of
employment, and to set working conditions of the Ambulance Operator; and
The City desires to employ [NAME] as an at-will
Ambulance Operator for the City of Huntington Beach; and
[NAME] desires to accept employment as an
at-will Ambulance Operator of the City,
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES
A. Ambulance Operator agrees that he or she possesses the minimum qualifications and
will perform the functions .and duties set forth in Exhibit A (attached hereto and
incorporated herein by reference), and will perform all other legally permissible
duties and functions as the Fire Chief shall from time to time assign.
Ambulance Operator acknowledges and agrees that the work schedule may involve
twenty-four (24) hour shifts or other shifts as determined by the Fire Chief pursuant
to Section 4 herein.
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Ambulance Operator acknowledges and agrees that he or she shall not be considered
a firefighter or public safety employee. Ambulance Operator shall not perform public
safety duties including, but not limited to, fire prevention, fire suppression,technical
rescue, or the staffing of fire apparatus.
The Ambulance Operator shall devote his/her full attention and effort to the tasks and
duties set forth herein and perform the mentioned duties and tasks in a professional
manner.
B. City agrees:
(1) to administer various examinations, background checks, and/or any other pre-
employment screening at the sole discretion of the Fire Chief, in order to
determine whether Ambulance Operator is an appropriate candidate for
employment as an Ambulance Operator for the City;
(2) to provide Ambulance Operator with any uniforms, tools and equipment as
the Fire Chief, in his sole discretion, deems appropriate;
(3) to provide Ambulance Operator such training and instruction as the Fire
Chief, in his sole discretion, deems appropriate;
(4) to pay Ambulance Operator eared wages during the period the Ambulance
Operator is employed by the City;
(5) to staff Ambulances with at least one (1) other Ambulance Operator as
directed by the Fire Chief,
(6) to provide adequate dormitory and kitchen facilities for Ambulance
Operator.
SECTION 2. TERM
A. The length of an initial agreement for an Ambulance Operator shall be determined by
the Fire Chief and shall not exceed thirty-six (36) months. Ambulance Operator is
an at-will employee of the City and as such, said position may be terminated at
any time at the sole and absolute discretion of the Fire Chief. Nothing in this
Agreement sham prevent, limit or otherwise interfere with the sole and absolute
discretion of the Fire Chief to tenninate the employment of the Ambulance
Operator at any time. Any subsequent agreements with an Ambulance Operator re-
employed must be pursuant to Section 7.
B. The teen of this Agreement may be extended for a time period not to exceed six
(6)months with written approval of the Fire Chief.
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SECTION 3. SALARY
City agrees to pay Ambulance Operator for his/her services rendered pursuant to this
Agreement, an hourly salary based on the following step ranges through December 31,2019:
Step A $12.00
Step B $12.66
Step C $13.36
Step D $14.10
Step E $14.88
Effective January 1,2020, City agrees to pay Ambulance Operator for his/her services rendered
pursuant to this Agreement, an hourly salary based on the following step ranges:
Step A $13.00
Step B $13.72
Step C $14.47
Step D $15.27
Step E $16.10
Effective January 1,2021, City agrees to pay Ambulance Operator for his/her services rendered
Pursuant to this Agreement, an hourly salary based on the following step ranges:
Step A $14.00
Step B $14.77
Step C $15.58
Step D $16.44
Step E S 17.34
Effective January 1,2022, City agrees to pay Ambulance Operator for his/her services rendered
pursuant to this Agreement, an hourly salary based on the following step ranges:
Step A S 15.00
Step B $15.83
Step C $16.70
Step D $17.61
Step E S18.58
Ambulance Operator's wage will start at Step A. Merit increase may be awarded in one
Step increments every 6 months of full-time employment. Merit increases are dependent upon
a performance evaluation that is at a competent level or above to be completed by Ambulance
Operator's direct supervisor and reviewed and approved by the Fire Chief.
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SECTION 4. WORK SCHEDULE/OVERTIME
A. It is understood that the Fire Chief may establish a work period for each
Ambulance Operator. Such schedule will comply with requirements of the Fair
Labor Standards Act (FLSA) and any other federal or state employment laws
and/or regulations. To the extent required by federal and state labor laws and/or
regulations, the City agrees to provide Ambulance Operator overtime based upon
a 40 hour payroll work week (i.e. beginning 8:00 a.m. Saturday through 7:59 a.m.
the following Saturday).
B. Ambulance Operator understands and agrees that in the course of his or her
employment with the City he or she will be usually scheduled for 24 hour shifts of
duty. Ambulance Operator understands and agrees that an amount not less than
time and one half of his/her regular hourly rate of pay shall be paid for all work in
excess of 40 hours in any one payroll week (unless otherwise required by law).
Ambulance Operator understands and agrees that provisions of federal and state
laws provide that an Ambulance Operator working a 24-hour shift may not have
more than eight(8)hours of each shift deducted for sleep time and that employers
electing to pay an employee by these rules need not consider those periods as
hours worked. Ambulance Operator understands that interruptions of sleep or
meal periods will be considered hours worked. Ambulance Operator understands
and agrees that the City has elected not to deduct any time for sleep or meal
periods and will pay (as wages earned) for all sleeping and meal times while he or she
is on duty regardless of interruption.
C. In the event an Ambulance Operator is ordered into work, he or she will receive a
minimum of one (1) hour at his or her base hourly rate, at the discretion of the
Fire Chief or designee. Ambulance Operator's workday shall not begin until
Ambulance Operator arrives at the fire station.
D. The Fire Chief, at his sole discretion, may establish reasonable regulations regarding
hours worked, daylight savings time, lost time, general leave, shift exchanges, etc.
These regulations may be modified and/or updated from time to time at the sole
discretion of the Fire Chief in accordance with federal, state, and/or local laws
governing employment.
SECTION 5. OTHER BENEFITS/SPECIFIC EXCLUSIONS
Ambulance Operator agrees and understands that pursuant to Huntington Beach
Municipal Code section 2.76.01 O(k), he or she is not part of the competitive service system and
does not belong to and is not part of any recognized bargaining unit in Huntington Beach.
Ambulance Operator may not administratively appeal, grieve or protest any other condition of
employment pursuant to Huntington Beach Municipal Code and/or Personnel Rules. Therefore, the
benefits described below and in Exhibit B, attached hereto, shall be the sole and exclusive benefits
for service.
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A. General Benefits
The benefits Ambulance Operator receives are pursuant to the terms of this
Agreement and shall be governed by department policies established by the Fire
Chief. A copy of policies regarding this Agreement is available in the Office of the
Fire Chief.
B. General Leave
(1) Accrual
Ambulance Operator accrues general leave at the accrual rate of 7.1.5 hours
per pay period or 186 hours per year depending upon hours worked and is
pro-rated based on regular earnings. Maximum accrual is 200 hours.
Ambulance Operator may not cash out general leave except at separation
from employment.
a) General Leave as defined herein meets the accrual and use
requirements pursuant to AB 1522 and AB 304 regarding the
Healthy Workplace Healthy Families Act of 2014.
b) General Leave as defined herein, complies with City of
Huntington Beach AR 420; however, Ambulance Operators
will not be subject to separate/additional sick leave accruals or
subject to 48 hour sick leave accrual maximums pursuant to AR
420.
c) Any unused General Leave cashed out and paid at time of
separation from City employment will not be reinstated should
Ambulance Operator be subsequently rehired within one (1)
year of separation or at any time thereafter, irrespective of reason
for separation.
(2) Eligibility and Approval
The accumulation, use, and cash out of general leave at separation shall be
governed by policies established by the Fire Chief in writing. The use of
general leave must be pre-approved by the Fire Chief or designee except for
illness, injury or family sickness, which may require a physician's statement
for approval. Ambulance Operator begins to accrue general leave upon
execution of this Agreement. General leave may be used for any purpose,
including vacation, sick leave, and personal leave.
C. Bereavement Leave
In the event of the death of an immediate family member, Ambulance Operator may
take up to two (2) work shifts without pay (unless general leave is used). Immediate
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family members are father, mother, sister, brother, spouse, registered domestic
partner, child, son-in-law, daughter-in-law, grandfather, grandmother, stepfather,
stepmother, step-grandfather, step-grandmother, grandchild, stepsister, stepbrother,
mother-in-law, father-in-law,brother-in-law, sister-in-law, stepchild, or wards of which
the employee is the legal guardian.
D. Court Time
Ambulance Operator who is required to be on standby for a court appearance related
to his or her job duties shall receive two (2) hours of pay for each morning and
afternoon court session. If court attendance is required for more than two (2) hours,
Ambulance Operator shall be compensated as hours worked.
SECTION 6. TERMINATION/RESIGNATION
In the event Ambulance Operator voluntarily resigns his/her position, the Ambulance
Operator shall give City written notice at least thirty (30) days prior to the last workday, unless the
Fire Chief and Ambulance Operator otherwise agree. It is understood that after notice of
termination in any form, Ambulance Operator and City will cooperate to provide for an orderly
transition.
SECTION 7. REEMPLOYMENT
A. With the approval of the Fire Chief, an Ambulance Operator who has resigned in
good standing, and who was employed for fewer than thirty-six (36) moriths (in
the aggregate) for all agreements, may be reemployed to either a part-time or a
full-time position, if vacant, within one (1) year of the effective date of
resignation.
B. Ifa former Ambulance Operator seeks reemployment after a period greater than
one(1)year after resignation, the City's recruitment process for the Ambulance
Operator position must be utilized to gain employment.
C. The employment period will be limited to the remaining term of all agreements
(in aggregate) and limited to a total of thirty-six (36) months of employment for
all agreements (in aggregate).
SECTION 8. INDEMNIFICATION
City shall defend and indemnify the Ambulance Operator against any action occurring
within the course and scope of the Ambulance Operator's duties or other noncriminal legal,
equitable or administrative action, whether groundless or otherwise, arising out of an alleged act
or omission occurring in the performance of the Ambulance Operator's duties as an employee of
the City, other than an action brought by the City against the Ambulance Operator or an action
filed against the City by the Ambulance Operator. City shall be responsible for and have
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authority to compromise and settle any action, and pay the amount of any settlement orjudgment
rendered on that action. Ambulance Operator shall cooperate fully with the City in the
settlement, compromise, preparation of the defense, and/or trial of any such action.
SECTION 9. ACKNOWLEDGEMENT
[NAME] acknowledges that he/she has examined this
Agreement, that he/she has read and understands this Agreement, and he/she has the right to
consult an attorney prior to entering this Agreement.
SECTION 10. NOTICE
Any notice that may be required by this Agreement shall be sent to these parties:
City of Huntington Beach Ambulance Operator
Attn: Fire Chief Name:
2000 Main Street Address:
Huntington Beach, CA 92648
SECTION IL SEVERABILITY
The invalidity of any portion of this Agreement will not and shall not affect the validity
of any other provision. In the event that any provision of this Agreement is held to be invalid,
the parties agree that the remaining provisions shall be deemed in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.
SECTION 12. EFFECTIVE DATE
This agreement shall become effective on, 2 for a term not to
exceed months from this date.
INWITNESS WHEREOF,the City ofHuntington Beach has caused this Agreement
to be signed and executed on its behalf by its Fire Chief, and the Ambulance Operator has
signed and executed this Agreement on , 2
CITY OF HUNTINGTON BEACH AMBULANCE OPERATOR
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By:
FIRE CHIEF SIGNATURE
PRINT NAME
AP'PRC) ED AS R ;
CITE TORNEY
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Exhibit A
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION qANB
TITLE: AMBULANCE OPERATOR
PERSONNEL COMMISSION APPROVAL: NOT APPLICABLE
COUNCIL APPROVAL: DECEMBER 18, 2006
JOB CODE: 0522
EMPLOYMENT STATUS: PART-TIME
UNIT REPRESENTATION: NONE
FLSA STATUS: NON-EXEMPT
DUTIES SUMMARY
To provide emergency ambulance transport services to the City of Huntington Beach.
DISTINGUISHING CHARACTERISTICS
The non-safety/non-firefighter position of Ambulance Operator works under the
supervision of a fire captain and the overall direction of an ambulance program
coordinator to perform Ambulance Operator duties as directed.
EXAMPLES OF ESSENTIAL DUTIES
In part, the Ambulance Operator will be required to perform the following job tasks..
operate city owned ambulances and other department vehicles as directed, including
driving to and from medical emergencies as part of the ambulance transportation team,
perform appropriate field procedures utilizing EMT-1 level skills such as attaining and
documenting vital signs, bandaging, splinting, lifting patients into ambulance and
assisting paramedics as directed; maintain and inventory emergency ambulance
supplies, equipment and routine vehicle parts; support patient billing operations; operate
within federal, state, county and city laws and regulations and guidelines including the
Health Insurance Portability and Accountability Act; attend and successfully complete
department and hospital training sessions and drills; participate in station and
equipment clean-up, and perform other assignments as directed.
WORK PERIOD
In general, Ambulance Operator will work a 24-hour, rotating shift, for an average 56-
hour work week. To the extent required by federal and state labor laws and/or
regulations, the City agrees to provide the Ambulance Operator with overtime pay
based upon a 40 hour work week. As FLSA "non-exempt" employees, Ambulance
Operators shall receive overtime pay for hours worked over forty (40) hours in a work
Page 1 of 2
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CITY OF HUNTINGTON BEACH SU4 city
CLASS SPECIFICATION Henn' B�
TITLE: AMBULANCE OPERATOR
week at time and one half of the time Ambulance Operators FLSA regular rate of pay.
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
QUALIFICATIONS
Any combination of education, training, and experience that will provide the knowledge,
skills, and abilities to successfully perform in the position as determined by the Fire
Chief. A typical combination includes but is not limited to:
Knowledge of: (1) Applicable federal, state, county and Huntington Beach regulations,
practices and procedures; (2) principles of emergency ambulance and transportation
procedures including first aid, resuscitator and gurney operations; safe emergency work
practices; (3) infectious control procedures; (4) emergency radio communication
procedures; (5) medical terminology and documentation; and, (6) emergency vehicle
maintenance and operation, including all applicable federal and state driving licenses.
Ability to: (1) Read electronic and incident maps and follow map directions; (2) work
effectively in difficult and hazardous emergency situations and environments and carry
out work assignments as instructed; (3) safely and properly transport patients during
ambulance transportation; (4) follow oral and written instructions; (5) communicate
effectively with the public and fellow employees.
Education: High School diploma or equivalent.
Experience: Preferred graduate of a 240-hour California Fire Academy or equivalent;
or Fire Technology course work at the college level; education and experience directed
toward a career in the Fire Service.
Certifications/License: Possession of a valid California driver's license-Class C;
possession of a current California EMT-1 certificate with a current CPR card; and a valid
Department of Motor Vehicles Ambulance Driver certificate.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Physical strength to and agility to lift and carry heavy objects, such as a gurney while
transporting patients; lift, pull and operate gurney; climb ladders and stairs; bend, stoop,
kneel, crawl in tight places; withstand a variety of environmental factors including
working in the heat or cold, confined spaces, slippery/uneven surfaces, work irregular
hours; exposure to toxic chemicals, fumes, smoke, gases and solvents; work long
periods of time without relief.
Reasonable accommodations) for an individual with a qualified disability will be
considered on a case-by-case basis.
Page 2 of 2
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EXHIBIT B
Benefit Detail
The City Medical Contribution will continually match t00% of the
Medical, Dental&Vision Coverage cost of the least expensive HMO plan for medical and dental for
the employee. Employee pays any additional costs for selected
coverage.
Long Term Disability(LTD)Coverage City paid coverage.
FICA(Medicare) 1.45%paid by Employee and 1.45%paid by City.
Life and Accidental Death and City paid coverage.
Dismemberment(AD&D)Coverage
California Public Employees' Retirement Effective for all employees hired on or after January 1, 2013,
System(CaIPERS enrollment)Coverage CaIPERS will determine the membership status of all new hires as
either "CLASSIC" or "NEW". In accordance with the Public
Employees Pension Reform Act (PEPRA), Classic employee
membership enrollment is as a MISCELLANEOUS member with a
benefit formula of 2.5%at age 55. Classic members contribute 8%
to CaIPERS. New employee membership is as a MISCELLANEOUS
member with a benefit formula of 2% at age 62. NEW members
contribute 6.25% to CaIPERS. All employees pay $2 per month
($0.93 bi-weekly)for 1959 Survivor Benefit.
Employee Assistance Program City paid coverage.
Flexible Spending Account Participation is voluntary and funding is based on Employee
contributions.
Deferred Compensation Participation is voluntary and funding is based on Employee
contributions.
Certification Maintenance The City will reimburse the Employee for the fees required to
renew EMT certification after obtaining full time status. The City
will pay for DMV required medical exams associated with
maintaining Ambulance Driver's certification after obtaining full
time status.
COHB Ambulance Operator Agreement
2018 Update EXHIBIT B
151