HomeMy WebLinkAboutCity Council - 2010-20 RESOLUTION NO. 2010-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE
MANAGEMENT ASSOCIATION(FMA), BY ADOPTING THE SIDE LETTER
OF AGREEMENT
WHEREAS, on November 17, 2008, the City Council of Huntington Beach adopted
Resolution No. 2008-72 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Huntington Beach Fire Management Association(FMA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and FMA
agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of
Agreement between the City of Huntington Beach and FMA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and
adopted.
Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington
Beach and FMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on theme day of .March, 2010.
a r
REVI ND APPROVED:
A VED AS TO FORM:
Ci fd inistrator
ty Attoi4fey
2 �o
AND PR
re or of H Resources
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Fire Management Association ("FMA") and the City of
Huntington Beach ("City") hereby agree to the following terms related to the FMA
MOU with respect to the following:
ARTICLE V - SALARY SCHEDULES AND RETIREMENT
C. California.Public Employees' Retirement System (CaIPERS) Pick-up
Each employee covered by this Agreement shall be reimbursed an amount
equal to nine percent,(9%) of the employee's part of his/her California Public
Employees' Retirement System (CaIPERS) contribution unless otherwise
modified in this_MOU. The above CaIPERS pickup is not salary but is done
pursuant to Section 414(h)(2) of the Internal Revenue Code.
Article V (C.) is hereby modified such that the combined City-paid and
employee-paid CaIPERS pickup contribution equals 9%. The City shall pay
4.75% of each employee's "compensation earnable" of the employer-paid
contribution of 9%. All employees covered by this agreement shall pay
4.25% of"compensation earnable" towards the employer-paid contribution of
9%.
Side-Letter Implementation
The modified provisions contained in this side letter are effective April 3, 2010,
following approval by the City of Huntington Beach City Council and will remain in
full force and effect until the end of the pay period that includes September 30,
2011, unless otherwise specifically modified, either by subsequent side-letter or a
successor memorandum of understanding.
The parties agree that the execution of this Side Letter Agreement may not be
challenged'by the Association or any employee it is recognized to represent through
the City's grievance procedure or in any other forum unless the challenge is based
upon an allegation that the Agreement was the product of fraud, misrepresentation
or unlawful coercion on the part of City representatives.
The Association shall have the exclusive option to extend the MOU, without any
change in its terms and conditions, for an additional year through and including
June 30, 2013.
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER
AGREEMENT to be executed by and through their authorized officers on
Huntington Beach City of Huntington Beach
Fire Management Association
Bob Brown F d ilson
President 94ty A ministrator
Dated: f Dated: 3 0
William Reardon is le Carr
Vice-President Di ctor 7111leo
an Resources
Dated: �' O Dated:
APPROVED AS TO FORM:
�nif�erM. IcGrath ���
City Attorney
Dated: ?)- ') K)
Res. No. 2010-20
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on March 1, 2010 by the following vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
C4 Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California