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Home My WebLink AboutHBFA - Huntington Beach Firefighters Association - 2005-05-02CITY OF HUNTINGTON BEACH MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: AS-05-012 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied- i City ler 'S natur Council Meeting Date: May 2, 2005 Department umber: AS-05-012 CITY OF HUNTINGTON BEACH w, REQUEST FOR COUNCIL ACTION PQ SUBMITTED TO: HONORABLE MAYO AND CITY COUt4Cj1L MEMBERS ` SUBMITTED BY: PEN LOPE C BRETH-GRAFT, CITY ADMINISTRATOR CHARLES THOMAS, ACDIRECTOR OF ADMINISTRATIVE PREPARED BY; SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE H NTINGTON BEACH FIREFIGHTERS' ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City and the Huntington Beach Firefighters' Association enter into a new Memorandum of Understanding (MOU) covering the period September 25, 2004 through September 24, 2007? Funding Source: Funding is included in the Fiscal Year 2004/2005 budget and will be included in the Fiscal Year 2005/2006 and Fiscal Year 2006/2007 budgets. The cost to implement the Memorandum of Understanding with the Huntington Beach Firefighters' Association is $583,668 in Fiscal Year 2004/05, $605,663 in Fiscal Year 2005/06 and $1,423,258 in Fiscal Year 2006/2007 (MOU term expires September 24, 2007). Recommended Action: Adopt Resolution No. a Resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighers' Association for the term of September 25, 2004 through September 24, 2007. Alternative Action(s): Do not approve the Resolution for employees of the Huntington Beach Firefighters' Association and direct staff to either attempt to continue to meet and confer with the 2004-07 HBFA Reso RCA 05-02-05.v.3 --2el' 4M9120051:05 PM REQUEST FOR COUNCIL ACTION MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: AS-05-012 Associaion or utilize the impasse procedures under the City's Employer -Employee Relations Resolution. Analysis: Representatives of the City and the Huntington Beach Firefighters' Association have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of September 25, 2004 through September 24, 2007. Proposed pay and benefit changes include the following: Salary - 4% salary increase effective 9/25/04 - 4% salary increase effective 9/24/05 - 2% salary increase effective 9/23/06 - 2% salary increase effective 3/24/07 Special Pays - Effective 3127107, conversion of the following pays as follows: (1) Education Level I from $46.15 biweekly to a special pay of 1.78% of biweekly Firefighter Step E. (2) Education Level II from $69.23 biweekly to a special pay of 2.67% of biweekly Firefighter Step E. (3) Preceptor from equivalent to $30 per 24-hour shift to a special pay of 5.34% of Firefighter Step E for each hour worked. (4) FirefighterTiller from $46.15 biweekly to a special pay of 1.78% of biweekly Firefighter Step E. (5) Hazmat Responder from $138.46 biweekly to a special pay of 5.34% of biweekly Firefighter Step E. - Effective 9/23/06, Longevity Pay for full-time, continuous service shall be paid as follows: 5 years or more, but less than 10 = 2.5% of base salary 10 years or more, but less than 20 = 5% of base salary 20 years or more = 7.5% of base salary Health & Other Insurance Coverage - City (employer) contribution to medical, dental, life and vision insurance premiums shall not increase for the term of the agreement - Increase to dental (PPO plan) annual maximum benefit from $1,000 to $2,000 - Increase to Life and Accidental Death & Dismemberment Insurance coverage from a wage/age schedule to $50,000 A summary of these and other negotiated provisions are included as Attachment #1. Environmental Status: Not Applicable 2004-07 HBFA Reso RCA 05-02-05.v.3 4/19/20051:05 PM 0--- REQUEST FOR COUNCIL ACTION MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: AS-05-012 Attachments}: RCA Author: Irma Youssefieh 2004-07 HBFA Reso RCA 05-02-05.v_3 4119120051:05 PM ATTACHMENT #1 HUNTINGTON BEACH FIRE DEPARTMENT Firefighter Paramedic No Change vs. Proposed Contract Potential Losses And Hirings HUNTINGTON BEACH FIRE DEPARTMENT No Change Hypothetical # 1—June/July 2005 ■ 7 current HBFD vacancies ■ An Orange County City is hiring 15 FF/PM, HBFD exposure is 1-4 losses ■ Total potential HBFD vacancies: 8-11 * 1 o vacancies is considered a critical loss and results in personnel being forced to work on days off HUNTINGTON BEACH FIRE DEPARTMENT No Change Hypothetical # 2 — November 2005 ■ 7 current HBFD vacancies ■ In addtion to a Orange County City agency hiring FF/PM an Orange County agency is hiring 15 FF/PM, HBFD exposure may be 7 losses ■ Current Firefighter Paramedic list has expired ■ HBFD is hiring one Firefighter Paramedic ■ Total HBFD potential vacancies December 2005: 14-17 ■ HBFD will hire to fill FF/PM vacancies starting May 2005 and ending February 2006 * 10 vacancies is considered a critical loss and results in personnel being forced to work on days off HUNTINGTON BEACH FIRE DEPARTMENT Proposed Labor Contract Implemented May 2005 — ■ 7 current HBFD vacancies ■ Total HBFD vacancies by December 2005 with labor contract: 6 ■ HBFD will hire to fill FF/PM vacancies starting May 2005 and ending February 2006 HUNTINGTON BEACH FIRE DEPARTMENT HUNTINGTON BEACH FIRE DEPARTMENT HUNTINGTON BEACH FIRE DEPARTMENT Firefighter Paramedic No Change vs. Proposed Contract Potential Losses And Hirings ATTACHMENT #2 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Tenn of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c,) Total Estimated Cost*** Term 09/25/04 — 09/24/07 Three year contract Wage Increase 4% wage increase a.) $358,732 a.) $358,732 Same wage increase effective 09/25/04 b.) 223,636 b.) 223,636 as POA, MEO and c.) $582,368 c. $582,368 Non -Associated 4% wage increase a.) $373,081 a.) $373,081 Same wage increase effective 09/24/05 b.) 232,582 b.) 232,582 as POA, MEA, c.) $605,663 c.) $605,663 MEO and Non - Associated 2% wage increase a.) $190,271 a.) $190,271 Additional effective 09/23/06 b.) 118,617 b.) 118,617 negotiated wage c.) $308,888 c.) $308,888 increase for a third year 2% wage increase a.) $194,077 a.) $194,077 Additional effective 03/24/07 b.) 120,989 b.) 120,989 negotiated wage c.) $315,066 c.) $315,066 increase for a third year * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 1 of 12 HBFA summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 0006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost* ost*** Cost*** c.) Total Estimated Cost*** Joint Salary Study The City is not to be conducted by obligated to take the City and HBFA any action upon the and completed on or results of the Study. before 06/30/07 The study is intended to establish information for the next cycle of bar ainin . Special Pa Effective 03/27/07, Current rates Education Level I remains until pay conversion increase on 3/27/07. from a rate of It is the intention to $46.15 biweekly to provide all eligible a special pay of employees with the 1,78% of biweekly same dollar value. Firefighter Step E * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 2 of 12 HBFA Summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost; Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c,) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Effective 03/27/07, Current rate remains Education Level II until increase on pay conversion 3/27/07. It is the from a rate of intention to provide $69.23 biweekly to all eligible a special pay of employees with the 2.67% of biweekly same dollar value. Firefighter Ste2 E Effective 03/27/07, Current rate remains Preceptor pay until increase on conversion from a 3/27/07. It is the rate equivalent to intention to provide $30 per 24-hour all eligible shift to a special pay employees in the of 5.34% of classification of Firefighter Step E Firefighter for each hour Paramedic with the worked same dollar value. * Base salary is the cost of raising salary; * Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 NIC No measurable cost Page 3 of 12 HBFA Summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs" b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Effective 03/27/07, Current rate remains Firefighter Tiller until increase on pay conversion 3/27/07. It is the from a rate of intention to provide $46.15 biweekly to all eligible a special pay of employees in the 1.78% of biweekly Firefighter Firefighter Step E classification with the same dollar value. Effective 03/27/07, Current rate remains Hazmat Responder until increase on pay conversion 3/27/07. It is the from a rate of intention of to $138.46 biweekly to provide all eligible a special pay of employees with the 5.34% of biweekly same dollar value. Firefighter Step E * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 4 of 12 HBFA Summary 5-2-05 v,3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Effective 09/23/06, a.) $493,398 a.) $493,398 Longevity pay is Longevity pay for b.) 305,906 b.) 305,906 helpful to retaining full-time, c.) $799,304 c.) $799,304 trained personnel continuous City within the service paid as competitive market follows: of fire agencies in 5 years or more, but Southern California. less than 10 — 2.5% of base salary 10 years or more, but less than 20 — 5% of base salary 20 years or more — 7.5% of base sal * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 5 of I2 HBFA Summary 5-2-05 0 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost; Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Health Benefits City contributions $600 N/A N/A $600 Under the terms of (2005 caps) for this agreement, health premiums employees will (medical, dental, absorb all health life or vision) shall insurance increases not increase during during the term of the term of the the agreement. a reement Life and Accidental $700 $700 Benefit Death and enhancement as Dismemberment provided for POA, coverage increased MEA, MEO and to 50,000 Non -Associated. * Base salary is the cost of raising salary; Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement * Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 6 of 12 HBFA Summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Tenns and Estimated Cost Estimated Cost Estimated Cost; Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Employee effective N/A NIA N/A N/A Benefit date of coverage enhancement for changed from "first City fully insured of the month medical plans as following 30 days provided for POA, of employment" to MEA, MEO and "first of the month Non -Associated fallowing date of employees. This hire". Employee enhancement is also contributions to be consistent with aligned with start PERS medical plan and ending dates of requirements coverage. available to all safety members. * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 20044/2005 N/C No measurable cost Page 7 of 12 HBFA Summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cast for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost; Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Retirement During the term of NIA N/A NIA N/A This is a no cost the agreement, benefit for the City implement a Health — funded by Savings Account to voluntary employee fund post retirement participation. medical costs Contract Language Updates Reporting the cost N/A N/A N/A N/A Complies with State of City provided law, excludes uniforms pursuant personal protective to Ca1PERS law a ui ment. Paramedic re- N/A NIA N/A N/A Clarifies eligible certification pay for employees and ranked positions allows Fire limited to 30 Engineers and Fire Base salary is the cost of raising salary; Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 8 of 12 HBFA SumEnary 5-2-05 v3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** positions) Captains to maintain local OC accreditation and to practice as a paramedic based upon established Fire department standards. Effective date of N/A NIA N/A N/A Documents current special practice in the certification/skill MOU. The pay effective date coincides with the first full pay period following certification * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement #** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 9 of 12 HBFA Summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a,) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Provision to reflect NIA N/A NIA NIA Complies with State City compliance and Federal laws with state and and extends the use federal leave benefit of accrued leave entitlement laws time for approved and the permission leaves. of employees to use accrued leave (Vacation, Sick and Compensatory Time) during approved leaves for serious and non - serious family or personal health issues. * Base salary is the cost of raising salary; *" Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 10 of 12 HBFA Summary 5-2-05 v.3 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated. Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs" b.) Salary Driven c,) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Remove Personnel N/A N/A N/A N/A Provides for Rules from MOU administrative and add MOU efficiency. changes to Personnel Rules 4/10 Work Schedule N/A N/A NIA NIA Documents the work schedule in the MOU to reflect current practice. Deferred NIA N/A N/A NIA Clarification to Compensation/Leave comport with IRS Cash Out (prior to regulations for 457 separation from Plans. employment) Update Retiree NIA N/A N/A NIA To reflect Medical Subsidy compliance with current pro grain. MOU preparation NIA N/A N/A N/A At the conclusion of and clean-up negotiations, non - Base salary is the cost of raising salary; �* Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 11 of 12 HBFA Summary 5-2-05 0 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) Proposed Changes FY 2004/2005 FY 2005/2006 FY 2006/2007 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost* * * substantive language clean-ups for preparation of the MOU. Meet and Confer During Term of Agreement Update the N/A NIA N/A N/A To reflect current Employer- State law. Employee Relations Resolution to reflect State law Cost of Proposed d.) $358,732 a.) $373,081 a.) $877,746 a.) $1,609,559 Changes e.) 224,936 b.) 232,582 b.) 545,512 b.) 1,003,030 £ $583,668 c. $605,663 c. $1,423,258 c. $2,612,589 * Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Page 12 of 12 HBFA Summary 5-2 05 v.3 Proposed HBFA Contract Comparison of Base Salary Costing to Total 2004105 General Fund Salaries HBFA Salary Increase - $358,732 General Fund Salaries - $59.4 million ■ HBFA o General Fund HBFA 0.60% General Fund 99.40% 1 Proposed HBFA Contract Comparison of Rollup Costing to Total 2004/05 General Fund Salaries and Benefits HBFA Total Contract Cost — $5839668 General Fund Salaries/Benefits - $89.6 million HBFA 0.65% General Fund 99. 35% ■ HBFA 0 General Fund 2 Proposed HBFA Contract Comparison of Base Salary Costing to Total 2004105 City Salaries ■ HBFA HBFA Salary Increase — $358,732 ■ All Funds Total City Salaries - $69.1 million HBFA 0.52% All Funds 99.48% Proposed HBFA Contract Comparison of Rollup Costing to Total 2004/05 City Salaries and Benefits ■ HBFA ■ All Funds HBFA Total Contract Cost — $ 583,668 Total City Salaries/Benefits - $104.5 million HBFA 0.56% All Funds 99.44% 2 ATTACHMENT #3 RESOLUTION NO. 2 0 0 5- 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) AND THE CITY OF HUNTINGTON BEACH FOR SEPTEMBER 25, 2004, THROUGH SEPTEMBER 24, 2007. The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association ("HBFX ), a copy of which is attached hereto as Exhibit A and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of September 25, 2004, through September 24, 2007. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 rtd day of may , 2005. REVIEWED AND APPROVED: ity Adm istrator Aam �ejr6.4L V1 wlt7 If APPROVED AS TO FORM: A ,I .. . - d Atiiit�� orny tits. Kati INITIATnED AND APPROVED: • C7 Director of Administrative Services 05reso/hhfa side letters/4/6/05 �iBlT 'W a �0U,tv,O,L) d)A)J "-35 Memorandum of Understanding between The Huntington Beach Firefighter's Association IABFA and The City of Huntington Beach September 25, 2004 through September 24, 2007 Fire MOU TABLE OF CONTENTS ARTICLE I - REPRESENTATIONAL UNITICLASSIFICATIONS.................................................................................1 ARTICLE 11-- EXISTING CONDITIONS OF EMPLOYMENT.......................................................................................1 ARTICLE III - SEVERABILITY......................................................................................................................................2 ARTICLE IV — SALARY SCHEDULES.........................................................................................................................2 A. WAGE INCREASES .......-••-••--•-•-.......__ ................ ....2 B. SALARY STUDY ............................. .................................................................................................... 2 ARTICLEV — SPECIAL PAY........................................................................................................................................3 A. EDUCATION.................. ................................................... ................................................. 3 1- Incentive Plan................•............-----------•---------.....--••--............------------------......-•--------...................----------........._.3 a. Level .................................••--------•------•-••••----••..................----------.......-•-••••....................------------• ........3 b. Level 11 .... .................................................................................................................................... ............. 3 c. Degree Majors ................ ......................................................................................... .-.............................. 4 d. Education Committee....................................---....----.........................................------.........---....................4 e. Effective Date__........................................................................................................................................ 4 f- Previous Benefits... ................................-----...--------•---------------------..........•-•••......--•-------4 B. ACTING ASSIGNMENTS ......................................... ......... 4 C. ADMINISTRATIVE APPOINTMENTS....................................................................................................... 4 1. Administrative Appointments....................................................................................------..................................4 2. Pay Upon Completion of Administrative Appointment ................................ .............................. .----------------------- 5 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES................................................................................. 5 E_ SPECIAL CERTIFICATION/SKILL PAY ........................... --_ 5 1. State Board of Fire Service Certification ..................... ......5 2. Paramedic Re-certification--------------------------•------------------------......................------.5 3- Preceptors ............ ................................................................................... ..................................................... ..._6 4. Firefighter Tiller Certification ---------- ............................................................................................................ .......6 a. Tiller Certification ......................... ................. ••••..6 b- Class B Driver License...............................-----...................... 6 c- Light Air Unit ..... ....................................................................................................................................... 6 5. Hazardous Materials Team Responder............................................................................................................6 6. Bilingual Skill.....................................................................................................................................................7 7. Fire Protection Specialist..................................................................................................................................7 8- Level 11 Investigator ........................................................................•-....------...------....-----...............----••..........-----7 F. HOLIDAY PAY -IN -LIEU ............................................ .... 8 G. LONGEVITY PAY............................................................................................................................... 9 H. REPORTABLE TO PERS--------------•--......................._.._.................. ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.........................................................................9 A. UNIFORMS PROVIDED BY CITY .............................................. ............................................................9 B. UNIFORM ALLOWANCEIFITNESS......................................................................................................... 9 C. UNIFORM CARE AND REPLACEMENT................................................................................................... 9 D. UNIFORM POLICIES AND ADVISORY COMMITTEE................................................................................ 10 E. REPORTABLE TO PERS...................................................................................................................10 ARTICLE VII — HOURS OF WORKIOVERTIME........................................................................................................10 A. WORK SCHEDULE............................................ ............................... ........................ ...................... 10 B. HOURS OF WORK- DEFINED........................•--•-•............•-•--.........................................._..._............. 11 C. LEVEL PAY PLAN_ ................................ ......................................................................................... 11 1. Twenty-four (24) Hour Shift Personnel ............................ ................ ..11 3_ Lost Time Defined••.........................................................................•--•--------•---------------- •---•-........................--•12 4. Forty (40) Hour Work Week .................................................. ........................................................................ 12 HBFA FINAL MOU v.3 -ii- 4/1912005 Fire MOU TABLE OF CONTENTS 5. 4/10 Work Schedule Defined ------------ .......................................................... .-----------------------------... *.... ........... 12 D_ OVERTIME/COMPENSATORY TIME ........................................................ .................................... .......12 1. Paid Overtime ............................. ..............---------....................................................---•--------------.................12 ...... 2- Compensatory Time ..................... ..................................... .........•---•-•••-•-•••....................................---------------- 13 a- Non-Exempt.......................................----.....-------------._..........................--••-----•---••-----13 b- Staff Personnel....--.-----...........................••-.•-•-----•-----------•.------...........................................-••...--••---•--....13 C. Compensatory Time Paid Off................................................ ............................................... ---------------13 3. Callback ....................... ....................................................................... ...- 13 4. Mandatory Standby............................................................................................ ....................... ..................... 14 5. Pagers ......... ------.................................................•--•---•---------.....---...................14 6. Required Training Attendance........................................................•-....................................----...._.................14 7. Cancellation of Overtime .................................................................................... ..................•---......................14 8- Court Time...............................•...............----.--------.-----................---•••---••-.....................................------.............14 9. Pay Out of Rank.......................................................................................................•--..........15 E. JURY DUTY.................................••-•----.....................................................--- ................................... 15 F. SHIFT EXCHANGE/RELIEF........................•---•--•-•...........................................--•--.............................. 15 G. ASSIGNED SHIFT POLICY ....... ..................................................... ...................................... ............... 15 H. MINIMUM STAFFING AND FILLING VACANCIES ................. 1_ Minimum Staffing Levels................................................................... ............................................................ 15 ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS.............................................................................16 A. HEALTH INSURANCE........................................................................................•--............................. 16 B. ELIGIBILITY CRITERIA AND COST ...................... ......._ 16 1. City Paid Medical Insurance — Employee and Dependents_ ................ ......................................... ............ - 16 2. Employer Contributions to Health and Other Insurance Benefits ........................................................... ........16 C_ FUTURE PREMIUMS ......................................... ......................•......................................................... 17 D. PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT (PMHCA) OPTION ...................................... 17 E. MEDICAL CASH -OUT ................................... .................................................................................... 17 F. SECTION 125 PLAN......................................................................................................................... 17 G. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT..........•............................................................. 17 1. Life- ................................... ...................--•-.-----...••-••.......................................-•--------17 2. Accidental Death and Dismemberment ................... ....................................................... ,............................... 17 H. LONG TERM DISABILITY ........... ............................................................... ....................................... ._ 17 1- RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN........................................•............-•------------..............------•-•---....................--•--........................18 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE.............................................................................. 18 K. MISCELLANEOUS.......................................................................................•......_..............................19 L. VOLUNTARY HEALTH SAVINGS ACCOUNT.......................................................................................... 19 ARTICLEIX — RETIREMENT.................................................................................................................................19 A. BENEFITS.................................................•-•--•-•--............................................................................ 19 1- Public Employees' Retirement System ...... ..................................................................................................... 19 2. Self -Funded Supplemental Retirement Benefit..............................................................................................20 3. Medical Insurance for Retirees ............................................... ................ ........................................ ........ ........ 20 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING .................................. 22 1- Employee's Contribution ......................................................... ...........................--•---------...._..•----.....................22 2. Reporting of Base Salary ..................................... .................................................... ..----------- _................ 22 C- REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES.................................•........_..._.................... 22 ARTICLE X -- LEAVE BENEFITS...............................................................................................................................22 A. LEAVE WITH PAY.............................................................................................................................22 1. Vacation....................---...........------.....--------..................................................--•-------..........................22 a. Accrual........................................................................ .......................................... ..................... 22 b. Eligibility and Permission ------- ................................................................................................................ 23 C. Conversion to Cash ............ ................................................................................................................... 24 HBFA FINAL MOU v.3 -iii- 4119/2005 Fire MOU TABLE OF CONTENTS d. Pay -Off at Termination ............................. ...................•---------.._._....--•----------•-----........_._._.........-••--------...24 2. Sick Leave--•..................................................---......-----..._........•.---.......................-••----•----..24 a_ Accrual ......................................................... .................................................................................•••-_24 b_ Pay -Off at Termination ............................... ............................................................................• ..............24 c. Utilization in Conjunction with Industrial Disability Leave .......................................................................25 3. Leave Benefit Entitlements ........................................................................................................... .................25 4. Bereavement...................................................... ............................................................................................ 25 5. Association Business.....................•--••--•---.....................................------•.._...-----......-------•-------------------•---......_...25 ARTICLEXI — CITY RULES.......................................................................................................................................26 A. PERSONNEL RULES..............................................•..............................................................:-•-----•-•• 26 B. PRECEDENCE OF AGREEMENT....................................•-----•---........................................................... 26 C. LAYOFF RULES .............................................. ...............................•----..............-•--•-............----........ 26 D. EMPLOYEE EMPLOYER RELATIONS RESOLUTION(EERR).................................................................. 26 ARTICLE XII - MISCELLANEOUS.............................................................................................................................26 A. FIRE DEPARTMENT PROMOTIONAL EXAMS-- POLICY D-10................................................................. 26 B. LIVING QUARTERS...................................................................................................•--......--•-•- ........ 26 C. PAYCHECKS-••-•.................................•--••-•-.........................................................26 1. Bi-Weekly Pay .......................... ........................................................................................ ............................. 26 2. Paycheck Distribution............................................................ ---------- ...-----------._.._....................................... 26 3. Vacation Paycheck.........................................................................................................................................26 D. CLASS B DRIVER'S LICENSE .................. ............................................................................•-•-..--•-- ...27 E. FLEET MANAGEMENT PROGRAM...................................................................................................... 27 F. DEFERRED COMPENSATION LOAN PROGRAM.................................................................................... 27 ARTICLE XIII — MANAGEMENT RIGHTS..................................................................................................................27 ARTICLE XIV — TERM OF MOU................................................................................................................................27 ARTICLE XV - CITY COUNCIL APPROVAL..............................................................................................................28 EXHIBIT A— EMPLOYER -EMPLOYEE RELATIONS RESOLUTION.......................................................................29 EXHIBIT B -- CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE..................................30 EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN..................................................................................................38 EXHIBIT D — TILLER CERTIFICATION.....................................................................................................................43 EXHIBIT E — INCOME PROTECTION PLAN.................................................................................. .......................44 EXHIBIT F — 56-HOUR VACATION AND SICK LEAVE ACCRUAL — LEAVE BENEFITS (EXAMPLE) ..................45 EXHIBIT G - POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES................................................47 HBFA FINAL MOU v.3 av- 411912005 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) . September 25, 2004 through September 24, 2007 ARTICLE I - REPRESENTATIONAL UNITICLASSIFICATIONS A. It is recognized that the Huntington Beach Firefiighter's Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of employees of the City of Huntington Beach within the following classifications: Deputy Fire Marshal* Fire Captain Fire Engineer Firefighter Firefighter Paramedic Fire Protection Specialist" Administrative Appointments B. The City and Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, would be entitled to propose a Unit Modification. This agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing FIRE Association unit. ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT A_ Except as expressly provided herein, the existing wages, hours, and other terms and conditions of employment within the lawful scope of representation of the Association that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall have the same meaning as the word "manning" and are used interchangeably. 4/19I2005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE III - SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that A would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV — SALARY SCHEDULES For each year of this agreement, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. A. Wage Increases: 1. Effective September 25, 2004, all bargaining unit employees shall receive a 4% (four percent) wage increase 2. Effective September 24, 2005, all bargaining unit employees shall receive a 4% (four percent) wage increase 3. Effective September 23, 2006, all bargaining unit employees shall receive a 2% (two percent ) wage increase 4. Effective March 24, 2007, all bargaining unit employees shall receive a 2% (two percent ) wage increase B. Salary Study - On or before April 1, 2007, representatives of the parties will conduct a joint study that compares the total compensation, as defined below, of employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain to the total compensation of comparable employees working for the Fire Departments described below, provided that those agencies may be altered by mutual agreement of the parties. The parties shall make every effort to complete the study on or before June 30, 2007. The City shall have no obligation to take any action regarding the compensation of employees covered by this Agreement based upon the results of that study. The ingredients of compensation used for comparison purposes shall be those in effect at the time of the study, except that, where the parties have identified increases to become effective by the end of the first pay period in October, 2007, the increased levels of compensation shall be used. The following ingredients of total compensation shall be considered, along with any others mutually agreed HBFA FINAL MOU v.3 -2- 4119J2005 FIRE MOU September 25, 2004 — September 24, 2007 upon by the parties: base salary, the value of employer payments of required employee retirement contributions, the value of employer contributions towards the payment of premiums for medical, dental, vision and long-term disability insurance, the maximum amount of specialty pays (i.e., assignment bonuses) that any one employee is capable of earning, the maximum longevity payment, the maximum educational incentive bonus, the maximum certification pay, the value of the maximum leave accruals and the value of any enhanced retirement formulas. The parties shall make every effort to agree upon the methodology of calculating the value of these ingredients. As part of that process, the parties may agree to remove and/or add other ingredients of pay to the definition of total compensation. The Fire Departments that will be used for comparative purposes, unless changed by mutual agreement of the parties, are as follows: Orange County Fire Authority, Santa Ana Fire Department, Anaheim Fire Department, Costa Mesa Fire Department, Torrance Fire Department, Los Angeles County Fire Department, Fountain Valley Fire Department, Newport Beach Fire Department, Glendale Fire Department, Los Angeles City Fire Department, and Long Beach Fire Department. ARTICLE V — SPECIAL PAY A. Education: 1. Incentive Plan — It is the purpose and intent of the Education Incentive Plan to motivate the employee to participate in, and continue with his/her education so as to improve his/her knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the City. As certain levels of additional education are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of his/her educational achievement. a. Level I — Any employee who has completed one (1) year of service with the City of Huntington Beach and has attained an Associate of Science Degree in Fire Science, or an equivalent course of study as determined by the Education Committee and the Fire Chief, shall receive an additional bi-weekly payment of forty-six dollars and fifteen cents ($46.15). Effective pay period beginning March 24, 2007, the bi- weekly payment of $46.15 shall be converted to a special pay of 1.78% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. b. Level 11 — Any employee who has completed three (3) years of service with the City of Huntington Beach and has attained a Bachelors Degree in Fire Administration, Public Administration, or an equivalent course of study as determined by the Education Committee and Fire HBFA FINAL MOU v.3 -3- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 Chief, shall receive an additional bi-weekly payment of sixty-nine dollars and twenty-three cents ($69.23). Effective pay period beginning March 24, 2007, the bi-weekly payment of $69.23 shall be converted to a special pay of 2.fi7% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. c. Degree Maio rs — Degree majors in an equivalent course of study other than Fire Science, Fire Administration, or Public Administration, shall be approved in advance by the Education Committee. d_ Education Committee — An Education Committee shall be formed and shall be composed of three (3) members. Of said three (3) members, one shall be appointed by the Association, one appointed by the Fire Chief, and the third shall be the Human Resources Manager. e. Effective Date — Certification to an education award and to the additional compensation pay shall begin the pay period following certification. Previous Benefits — Notwithstanding the foregoing, any employee currently receiving educational incentive benefits in any previously approved schedule, shall continue to receive the monthly payments entitled thereunder, in lieu of any payment available under Section "AA." of this Article, if the current payment exceeds the payment to which the employee would be entitled under Section "A.9 ." if any. B. Acting -Assignments - Employees acting in a higher classification, when properly qualified and compensated in accordance with the City Personnel Rules, shall be considered equivalent to the required classification. C. Administrative Appointments: Administrative Appointments — The City may, from time to time, administratively appoint employees to administrative or specialist positions. The personnel appointed to the positions of Deputy Fire Marshal and Fire Protection Specialist shall serve at the discretion of the Fire Chief. An administrative appointment shall not affect the employee's regular classification or rank. Persons appointed to these positions shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. HBFA FINAL MOU v.3 4- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 2. Pay Upon Completion of Administrative Appointment: a. An employee administratively appointed to the positions of Deputy Fire Marshal and Fire Protection Specialist, who subsequently is voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a one (1) step reduction in pay to initially coincide with their reduced assignment and at each anniversary date of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. Any administratively appointed employee to the positions of Deputy Fire Marshal and Fire Protection Specialist, who has completed four (4) years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one (1) year thereafter, be entitled to return to his/her permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. c. This section shall not apply to disciplinary demotions or layoffs- D. Pay Upon Completion of Paramedic Duties - Any Firefighter Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to his/her previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1) year prior to the date of the requested reinstatement. Upon reinstatement, if the employee's current base salary is equivalent to or in excess of Step E of the respective Firefighter salary range, his/her salary will not change until it no longer exceeds Step E of the respective Firefighter salary range_ If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a step in the range closest to his/her existing current base salary. This section shall not apply to disciplinary demotions or layoffs. E. Special Certification/Skill Pay_: State Board of Fire Service Certification - Any employee, in a position that did not require certification as a condition of employment, and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied, shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250). Each employee may only receive one such payment irrespective of the number of times he/she is certified in any position. 2. Paramedic Re -certification - Each time a Firefighter Paramedic assigned as a Firefighter Paramedic is re -certified by the State of California as a Paramedic, HBFA FINAL MOU v.3 -5- 4M912005 FIRE MOU September 25, 2004 — September 24, 2007 the Firefighter Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500). Each time a Fire Captain or Fire Engineer is re -certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500)_ Eligible employees are Fire Engineers or Fire Captains who currently possess a State of California Paramedic License and/or are re -certified by the State of California as a Paramedic to practice as a Paramedic. Re -certification pay for Captains and Engineers shall be limited to thirty (30) positions. The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and to practice as a paramedic based upon established department standards. 3. Preceptors - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid the equivalent of thirty dollars ($30.00) per twenty- four (24) hour shift. Effective pay period beginning March 24, 2007, the City shall convert the above payment to a special pay of 5.34% of the hourly rate of Firefighter Step E for each hour worked.. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. 4. Firefighter Tiller Certification - Firefighters that obtain and maintain the certifications and qualifications as outlined in (a) through (c) below shall receive forty-six dollars and fifteen cents ($46.15) bi-weekly Tiller pay. Effective pay period beginning March 24, 2007, the bi-weekly payment of $46.15 shall be converted to a special pay of 1.78% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible Firefighters the same dollar value in this special pay. a. Tiller Certification — Obtain and maintain Huntington Beach Tiller Certification. b. Class B Driver License — Obtain and maintain a minimum of a valid California Class B Firefighter Restrictive License. c. Light Air Unit — Ability to drive and operate, the Light Air Unit as required, and identified in Exhibit.D. 5. Hazardous Materials Team Res nder - Those members who have been specially trained for the position of Hazardous Materials Team Responder, and are specifically assigned by the Fire Chief or his/her sworn designee to the Hazardous Material Unit or backup unit, shall receive additional compensation in the amount of one hundred thirty eight dollars and forty-six cents ($138.46) bi- HBFA FINAL MOU v.3 -6- 4119/2005 FIRE Mau September 25, 2004 — September 24, 2007 weekly. Effective pay period beginning March 24, 2007, the bi-weekly payment of $138.46 shall be converted to a special pay of 5.34% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. 6. Bilingual Skill - Permanent employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent (5%) of their basic hourly rate in addition to their regular bi-weekly salary. Permanent employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) for every bi- weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Manager or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate's attempt is unsuccessful, he/she may repeat the process in six (6) months time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re -certify bilingual skills with the Human Resources Manager or designee every five (5) years. 7. Fire Protection Specialist - Level I Investigator Certification -Must meet the requirements of NFPA 1033 Professional Qualifications for Fire Investigator I, or successful completion of the California State Board of Fire Services Fire Investigator I courses, including Investigation IA, 1B, and PC 832. These requirements must be met within six (6) months of appointment as a Fire Protection Specialist. 8. Level 11 Investigator - The Level it Investigator salary rate will be adjusted 11 % resulting in the following assigned salary adjustment: a. Fire Protection Specialists assigned to a 56-hour suppression work schedule, regardless of the suppression rank, while on duty and temporarily reassigned to Level I responsibilities will be compensated at the Fire Protection Specialist 56-hour salary rate, for each hour temporarily assigned. b. Fire Personnel assigned to a 40-hour non -suppression work schedule, while on duty and temporarily reassigned as a Level 11 Investigator, will be HBFA FINAL MOLD v.3 -7- 4119/2005 FIRE MQU September 25, 2004 — September 24, 2007 compensated to 22 ranges above a Fire Protection Specialist for each hour temporarily assigned. C. Fire Suppression personnel, off duty and temporarily assigned as Level II Investigator, will be compensated 22 ranges above Fire Protection Specialist rate at time and one-half. d. Fire Suppression personnel, while on duty and temporarily reassigned to Level ll Investigator, will be compensated 22 ranges above the Fire Protection Specialist rate at a 56-hour salary rate for each hour temporarily assigned. All special certification/skill pay provided in Article V (E) shall be effective the first full pay period following certification. F. Holiday Pay -In -Lieu - Permanent, full time employees shall be compensated by the City in -lieu of the ten listed holidays at their appropriate assigned work schedule rate, either at a forty -hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MQU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. HBFA FINAL Moil v.3 -8- 4/1912005 FIRE MOU September 25, 2004 — September 24, 2007 Employees designated by the Fire Chief who are required to work regular shifts on the above holiday set forth in Section F.1. of this Article, shall not be entitled to time off or overtime. G. Longevity Pay - Effective September 23, 2006, all unit employees with the following full time, continuous service in the City of Huntington Beach shall receive the following longevity pay: 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary H. Reportable to PERS -- Subject to State Law and Regulations, compensation paid as a result of this Article shall be reported to PERS as salary. ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City — The City will provide all personnel represented by the HBFA with uniforms as described in the most current Policy C-2, Uniforms executed by the parties. B. Uniform Allowance/Fitness — City shall provide each employee who participates in the Fire Department's current physical fitness program, Policy D-9, Physical Fitness Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December Vt to be eligible for the December uniform allowance. C. Uniform Care and Replacement: 1. The City at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter's regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 Uniforms shall be replaced by the City whenever the Fire Chief or his/her sworn designee representative determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. HSFA FINAL MOU v.3 -9- 4/1912005 FIRE MOU September 25, 2004 — September 24, 2007 4. All uniforms and equipment furnished by the City, with the exception of T- shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform_ Policies and Advisory Committee-- 1 The present uniform and clothing policies, as delineated in this Article, shall remain in effect until the Fire Chief or his/her swam designee and the Association mutually agrees on a new uniform system and on the date of implementation. On said implementation date, all safety clothing and uniforms required by the City to be worn by employees during working hours shall meet all applicable State and Federal regulations relating to said clothing and, with the exception of station uniforms, be of a high quality, fire resistant material. 2. A uniform advisory committee composed of two (2) members appointed by the Association and two (2) representatives appointed by the Fire Chief, shall make recommendations on the uniforms to be worn, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this MOU. E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(1)(5) to the California Public Employees' Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE VII — HOURS OF WORK/OVERTIME A. Work Schedule: 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off 2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 3_ Fire Prevention staff and administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. HBFA FINAL MOU v.3 -10- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 B. Hours of Work - Defined: 1. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts shall occur at 0800 hours each day. However, employees shall actually arrive sufficiently in advance of 0800 hours so as to comply with Fire Department Rules and Regulations, Policy B-2. Said advance time shall not constitute hours worked. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 4. The maximum time allowed within the forty (40) hour workweek schedule for both lunch and physical fitness shall not exceed four (4) hours within any given workweek. All physical fitness activities considered to be work activities shall be conducted on duty within fire stations and under supervision. 5. An employee who is held over beyond the end of his/her regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest quarter (114) hour. 6. Exchanges of time shall not be considered when computing hours worked as defined in this Article. 7. An employee shall be considered to be working if he/she is ordered to duty by the Fire Chief or his/her sworn designee. C. Level Pay Plan: 1. Twenty=four (24) Hour Shift Personnel --The 15 day FLSA work period shall begin at 8 a.m. on the first shift worked by the A shift following six days off. There shall be 14 FLSA work periods for every fifteen 14 day pay periods. Each employee shall be regularly scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay), so that for every cycle of 14 FLSA work periods, an employee shall receive 140 hours of premium pay for working regularly scheduled hours. All regularly scheduled non "lost time" hours shall be counted as hours worked. Each employee assigned to twenty-four shifts for a full FLSA work period shall receive 102_67 hours of regular pay and 9.33 hours of premium pay in each bi-weekly pay period, which shalt compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday HBFA FINAL MOU v.3 -11- 411=005 FIRE MOU September 25, 2004 — September 24, 2007 following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment_ 2. In addition to the premium pay provided above, twenty-four (24) hour shift employees shall receive premium pay for hours worked in excess of regularly scheduled hours unless the employee has "lost time" in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive premium pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. 3. Lost Time Defined — "Lost time" is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive premium pay for working hours in excess of their regularly scheduled hours. 5. 4110 Work Schedule Defined -- The 4110 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. The FLSA designated work week shall be defined as Saturday 8:00:00 a.m_ to Saturday 7:59:59 a.m. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Department Head or designee may require such service from said employees. D. Overtime/Com ensato Time: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at their premium hourly rate for all actual work performed in excess of the employees' scheduled hours in their declared work period. b. Any employee who voluntarily works overtime in a different classification shall be compensated at a rate of pay consistent with the classification HBFA FINAL MOU v.3 -12- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 worked. Any employee who is ordered in to work in a lower classification shall be compensated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. The overtime system and/or Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time: a. Non -Exempt — All overtime worked by non-exempt employees shall be compensated at the employee's premium hourly rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel — For all staff personnel positions, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option and with the approval of the Fire Chief, be compensated by compensatory time off at time and one half for each overtime hour worked. 1) Compensatory time may be accumulated to a maximum of one hundred -twenty (120) hours. Compensatory time may be taken on an hour -for -hour basis only with the permission of the Fire Chief or his/her sworn designee, which permission shall be granted unless granting the request will unduly disrupt the Department. Upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at the employee's premium hourly rate. Any such payment shall be made on the next regular payday, following the request, provided the request is made by the end of the previous payroll period. 2) Compensatory time may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief or his/her sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off — Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the premium hourly rate based upon the salary schedule for 40 hour per week personnel in effect prior to the change. 3. Callback — Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation on an hourly basis. HBFA FINAL MOU v.3 -13- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 4. Mandatory Standby — Any employee may be placed on "mandatory standby" by the Fire Chief or his/her sworn designee. Employees on mandatory standby must remain available for immediate response during the designated standby period. All personnel placed on mandatory standby shall receive a minimum of two (2) hours compensation for each twelve (12) hours of off duty standby time or fraction thereof. 5_ Pagers — Recognizing that personal pagers are part of the Fire Department's business and emergency alerting system, pagers shall be issued and worn only on a voluntary basis with the exception of members who are placed on mandatory standby who may be required to wear a personal pager while on such standby_ An employee placed on mandatory standby may voluntarily wear a pager, and if so, shall receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off duty standby time or fraction thereof. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6. Required Training -Attendance — An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. When attendance occurs at a time when the employee is not scheduled to work, he/she shall be compensated on an hourly basis. 7. Cancellation of Overtime — Any employee who is scheduled to work overtime in advance of the time set forth for such scheduling in Huntington Beach Fire Department Organization Manual, Policy D-3 which scheduling is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an hourly basis. 8. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time_ HBFA FINAL MOU v.3 -14- 4/1912005 FIFE MOU September 25, 2004 — September 24, 2007 c. Employees shall not receive both standby pay and time and one half pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with (b) above. 9. Pay Out of Rank — Subject to the approval of the Fire Chief or his/her swam designee, an employee may voluntarily work in a classification below their rank_ Compensation for hours worked in the lower capacity (voluntarily or ordered) shall be paid at the employee's regular rate of pay. E. Ju!y Duty — Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City- F. Shift Exchange/Relief: The Fire Department shall allow Association members' exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 2. An employee may be relieved by any other employee who is qualified to relieve him/her at any time between the hours of 0600 to 0800. It shall be the responsibility of the employee's supervisor to insure that the relief of all employees is accomplished in a fair and equitable manner. The employee's supervisor may revoke this early relief privilege if abuses occur. It is understood and agreed that such early relief provisions shall not result in any additional cost to the City. G. Assigned Shift Policy — Employees of equal rank shall have the option to change assigned shifts on an employee for employee basis upon written request to and approved by the Fire Chief. H. Minimum Staffing and Filling Vacancies: 1. Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein: NBFA FINAL MOU v.3 -15- 411912005 FIRE IVIOU September 25, 2004 -- September 24, 2007 ARTICLE Vill — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance: 1. The City shall continue to make available group health, dental and vision benefits to all HBFA employees. 2. Effective January 1, 2005, the City will increase the dental (DPO Plan) annual maximum benefit to $2000. B. Eligibility Criteria and Cost: 1. City Paid Health Insurance — Employees and Dependents - An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City's insurance plan described below effective the first of the month following the employee's date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer Contributions to Health and Other Insurance Benefits - The City's maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below. 'r th a; t .ri S i§ i i ......d .�.�i $373.77 $373.77 $373.77 $274.03 $274.03 702.25 702.25 702.25 555.51 555.51 851.34 851.34 851.34. 720.18 720.18 �trly Delta to �Etnpty:r = Deni�. $42.88 $23.00 $17.58 EE _ ."r; n.. 81.82 39.11 17.58 EEC- 2 it more ; 116.36 59.81 17.58 HBFA FINAL MOU v.3 -1&- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. C. Future Premiums - The City "caps" its contributions toward monthly group health, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year -2005 level. Until the City Council approves a successor to this Memorandum of Understanding, the City's 2005 contribution caps will remain in place in 2005 and beyond, even if premium increases result in these additional costs being borne by the employee. D. Public .. Employees' Medical and Hospital Care Act (PMHCA) OPTION - Notwithstanding the above, the Association has the right to select Public Employees' Medical and Hospital Care Act (PMHCA) medical insurance coverage under the same terms and conditions as other participating employee associations representing safety employees of the City, provided the City continues to offer PMHCA insurance to any of its safety employees. E. Medical Cash -Out - If an employee is covered by a health program outside of a City - provided program (evidence of which must be supplied to the Employee Benefits Division the employee may elect to discontinue City health insurance coverage and receive ninety-two dollars and thirty-one cents ($92.31) bi-weekly to deposit into the employee's deferred compensation account or any other pre-tax program offered by the City. F. Section 125 Plan - This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non -reimbursable medical expenses. G. Life and Accidental Death and Dismemberment: 1. Life — The City shall provide a Life Insurance plan for the employees covered by this MOU_ The coverage amounts had been based on the age/wage schedule list in the certificate of coverage. Copies of the certificate of coverage are available in the Employee Benefits Division. Effective January 1, 2005, the City shall increase the benefit to fifty thousand dollars ($50,000) in lieu of the agelwage schedule of benefits. 2. Accidental Death and Dismemberment -- The City shall provide an Accidental Death and Dismemberment Insurance plan for employees covered by this MOU. Said plan shall have a benefit amount of fifty thousand dollars ($50,000). H. Long Term Disability — The City shall pay to the employee covered by this MOU, on a monthly basis, eight dollars ($38.00) per member for a Long Term shall be subject to the terms and conditions contained Association on behalf of each an amount not to exceed thirty - Disability policy_ The program in Exhibit E. HBFA FINAL MOU v.3 -17- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 1. Retiree Medical Coverage _ for Retirees Not Eligible for the City Medical Retiree Subsidy Plan - Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan, may choose to participate in City sponsored health insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City sponsored health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees' Retirement System, are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City sponsored medical insurance upon retirement, permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in City sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage - Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or qualified dependent must choose to participate in City sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty --five (65). The retiree shall pay the full premium insurance plans that are supplemental dependents without any City subsidy. to participate in City sponsored medical to Medicare for themselves or qualified Retirees or qualified dependents, upon turning age 65, who choose not to participate in City sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. HBFA FINAL MOU v.3 -18- 4119/2005 FIRE MOU September 25, 2004 -- September 24, 2007 K. Miscellaneous: I- Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers should circumstances warrant. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. Whenever an eligible employee is absent because of illness or injury, the City shall continue to provide to the employee and his/her dependents, all of the insurance benefits set forth in this Article for the duration of any such approved absence not to exceed twenty-four (24) months. L. Voluntary Health Savings Account - The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. ARTICLE IX — RETIREMENT A. Benefits: 1. Public Employees' Retirement System: a. The City shall provide all safety employees with that certain retirement program commonly known and described as the "3%" at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees' Retirement System, Section 21382 of the California Government Code. b. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation eamable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation eamable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the employee's compensation eamable to 8% of the employee's compensation eamable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation eamable," the amount of HBFA FINAL MOU v.3 -19- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. c. The City shalt contract with PERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20024.2 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e. The City shall amend its contract with PERS to include the Pre -Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association within the term of this agreement. 2. Self -Funded, Supplemental Retirement Benefit: a. In the event a member elects Option #2 (Government Code Section 21333) or Option #3 (Government Code Section 21334) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This paymerrt shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease_ The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for employees covered by this MOU. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance (Option #2) or one-half (1/2) of the allowance (Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be deemed to restrict the City's right to contract with PERS for the benefits provided under this Article. b. Employees hired on or after October 4, 1999, shall not be eligible for the "Supplemental Retirement Benefit" referenced in Article IX.A.2 above. 3. Medical Insurance for Retirees: a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under City sponsored plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or HBFA FINAL MOU v.3 -20- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 2) Early retirees (under age 65) may participate in the City -sponsored health plans currently being offered to active employees. 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. b. Retired employees exercising either of the options in Article IX.A.3.a may cause any premiums not paid by the City to be paid out of funds due and owed to them for unused sick leave benefits upon retirement, as provided in Article IX.A.3.a. However, whenever a retired employee does not have any such available funds, he/she shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining may, at the employee's option, be converted to a dollar figure, as provided in Article IX.A.3.a, and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The City shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact, in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance, to continue the group insurance in effect. If following exhaustion of sick leave funds a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his/her coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage, if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have no further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owed to him/her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the City of such notice. Once a retired employee elects to terminate such coverage, he/she shall be precluded from securing it at a later date at the group rate. HBFA FINAL MOU v.3 -21- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 B. Public Employees' Retirement System Reimbursement and Reporting. 1. Employee's Contribution — Subject to the limitations contained in Article 1X A 1.b each safety employee covered by this MOU shall continue to be reimbursed nine percent (9%) of the employee's reportable compensation as the City's payment toward the employee's contribution to the Public Employees' Retirement System (PERS). The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be credited to the employee's account with PERS. Should any ruling by either PERS or other State or Federal agency nullify the benefit authorized above, the City and the Association agree to reopen negotiations regarding wages and salaries. 2. Reporting of Base Salary — Provisions of the Level Pay plan, Article VII.C, shall be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift employees to the Public Employees' Retirement System (PERS). C. Reinstatement P_ rivileges for Disability Retirees — If a retiree seeks to cause PERS to revoke his/her disability retirement on the grounds that he/she is no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she is no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall immediately reinstate the employee at his/her former position and pay step. ARTICLE X — LEAVE BENEFITS A. Leave with Pay: 1. Vacation — The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual — Permanent, full time employees shall accrue annual vacations at their appropriate assigned worts schedule rate, either forty hour (40) or fifty- six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 56). Personnel who charge from a fifty- HBFA FINAL MOU v.3 -22- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by _7143. Personnel shall accrue annual vacations at the following rates: For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty-six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty- six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees_ Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty --six (56) hour per week employees. b. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or his/her sworn designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department. The Fire Department operates on a three -shift basis, with personnel being assigned to the "A, B or C" Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be four (4) persons HBFA FINAL MOU v.3 -23- 4/1912005 FIRE MOU September 25, 2004 — September 24, 2007 absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/her absence. c. Conversion to Cash — On two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option_ Vacation accumulated in excess of three hundred -forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation_ d. Pay -Off at Termination — Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. 2. Sick Leave: a. Accrual — The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule_ In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their accrual rate by .7143. b. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate. All accrued vacation hours shall be paid at the converted rate. Sick leave shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent (25%) of unused, earned sick leave from four hundred -eighty (480) through seven hundred -twenty (720) hours, HBFA ANAL MOU v.3 -24- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 and for fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred -twenty (720) hours. Upon termination for industrial disability retirement, all employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate, and then shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred - eighty (480) hours, and for fifty percent (50%) of all unused, earned sick leave in excess of four hundred -eighty (480) hours. c. Utilization in Conjunction with Industrial Disability Leave — Sick leave cannot be used to extend absences due to work related (industrial) injuries or illnesses. 3. Leave Benefit Entitlements - As required by law, employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all state and federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off for serious and non -serious family or personal health issues. 4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, step -father, step- mother, step -grandfather, step -grandmother, grandchildren, stepsisters, step- brothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, step -children, or wards of which the employee is the legal guardian. 5. Association Business:- During the term of this MOU, authorized representatives of the Association shall be entitled to receive up to a total of four hundred (400) collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. In addition, up to one hundred -fifty (150) unused hours may be carried forward to the next contract year. HBFA FINAL MOU w.3 -25- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE XI — CITY RULES A. Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the City's Personnel Rules. B. Precedence of Agreement - In any case in which any provision of this Memorandum of Understanding is inconsistent with any City ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this MOU shall supersede and taste precedence. C. Layoff Rules - The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. E. Employ Employer Relations Resolution _(EERRl — During the term of the agreement, the City and Association shall meet and confer to update the EERR to reflect state law. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall be held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. B. Living Quarters — The City shall provide necessary kitchen, living and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. C. Paychecks- 1 - Bi-Week) Pa — Salary shall be paid on a bi-weekly basis. By mutual consent of the City and the Association, early payment and other modifications may be made. 2. Paycheck Distribution — Paychecks shall be ready and available for distribution to each employee by 0700 hours on each payday at the Station 1 — Gothard Fire Station, except in the case of unforeseen circumstances beyond the control of the City. A monthly paycheck stub or memorandum accompanying the paycheck shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also include an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. 3. Vacation Paycheck — Each employee shall, at his/her option, by written notice to the City's Human Resources Manager, be given at least two (2) weeks prior to the commencement of said employee's scheduled vacation, be entitled to receive HBFA FINAL MOU v.3 -26- 4/1912005 FIRE MOU September 25, 2004 — September 24, 2007 his/her earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. Class "B" Driver License — Employees required by the City to obtain a State of California Class "B" or Class "B" Firefighter Restrictive Driver License will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Class "B" Firefighter Restrictive Driver License. E. Fleet Management Program — Association agrees to the policies and procedures contained in the 1999 City Fleet Management Program. F. Deferred Compensation Loan Program — Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation but the employee must request the transfer no later than the pay period prior to the employee's last day of employment. ARTICLE XIII — MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with respect to the management and direction of the performance of fire services and the work forces performing such services_ Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including work and safety rules and regulations, in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XIV — TERM OF MOU This Memorandum of Understanding shall be in effect commencing on September 25, 2004 and ending at midnight on September 24, 2007- This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of ployees.govered hereunder for the term hereof. HBFA FINAL MOU v.3 -27- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE xV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 2005 CITY OF HUNTINGTON BEACH A Municipal Corporation By: By: Irma Youssefieh Human Resources Manager By: By: Jacques Pelletier Division Chief/Operations in Charles Thomas Director of Administrative Services By: By: Renee Mayne Chief Negotiator APPROVED AS TO FORM Jennifer McGrath City Attorney HUNTINGTON BEACH FIREFIGHTER'S ASSN. Ronald Stocking HBFA President Donald Boland Vice -President Stephen H. Silver Chief Negotiator HBFA FINAL MOU v.3 -28- 4/1912495 FIRE MOU September 25, 2004 — September 24, 200 ARTICLE KV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 2100 day of . , 2005 CITY OF HUNTINGTON BEACH A Municipal Co oration By: By: Irm# Vussefiett� Human Resources Manager By. qiv2ision Pelletier Chief/Operations By: C' '� Q)� Charles Thomas Director of Administrative Services un Ren6e Mayne Chief Negotiator APPROVED AS TO FORM By:44n&nnifer 9 VMcbrath City Attorney By: M HUNTINGTON BEACH FIREFIGHTER'S ASSN. Ronald Stocking HBFA President Donald Boland Vice -President Stephen H. Silver Chief Negotiator INTENTIONALLY LEFT BLANK FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ND day of-L�}�Y, 2005 CITY OF HUNTINGTON BEACH A Municipal Co oration: By: By: Irm ussefie Human Resources' Manager HUNTINGTON BEACH FIREFIGHTER'S ASSN. Ronald Stocking HBFA President B �)IIZ5_ 1" s 46cqu4irPelletier Donald Boland bivision Chief/Operations Vice -President A Q" By: By: Charles Thomas -rector of Administrative Services By: By: Renee Mayne Chief Negotiator APPROVED AS TO FORM By:_M'I �� (�'\/ VenL_ nifer M rathh City Attorney Stephen H. Silver Chief Negotiator FIRE MOU September 25, 2004 - September 24, 2007 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum. of Understanding this '` day of P y .2005 CITY OF HUNTINGTON BEACH A Municipal Co ration By: By: Irmo Idussefieh-, Human Resources Manager SY: _ By: Jacques Pelletier Division Chief/Operations By: By: Charles Thomas Director of Administrative Services HUNTINGTON BEACH FIREFIGHTER'S ASSN. Ronald Stocking HBFA President Donald Boland Vice -President By, Ren6e Mayne Steph6n H. Silver Chief Negotiator Chief Negotiator APPROVED AS TO FORM Jennifer McGrath City Attorney E Fu[L -,SI6AAA4U.0,C INTENTIONALLY LEFT BLANK EXHIBIT A CITY OF HUNTINGTON BEACH EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 411912005 -29- EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE 4% EFFECTIVE SEPTEMBER 25,200 40-Hour Rate 2004 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 483 $24.26 $25.59 $27.00 $28.48 $30.05 0160 Fire Engineer 514 $28.30 $29.86 $31.50 $33.23 $35.06 0226 Firefighter Paramedic 514 $28.30 $29.86 $31.50 $33.23 $35.06 0227 Fire Protection Specialist 523 1 $29.611 $31.24 $32.961 $34.77 $36.68 0101 lFire Captain 538 -$31.911 $33.67 $35.521 $37.47 $39.53 0100 IDeputy Fire Marshal 560 1 $35.61 $37.57 $39.64 $41.82 $44.12 40-Hour Rate 2004 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 483 $1,940.80 $2,047.54 $2,160.16 $2,278.40 $2,403.71 0160 Fire Engineer 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0226 Firefighter Paramedic 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0227 Fire Protection Specialist 523 $2,368.80 $2,499.081 $2,636.531 $2,781.54 $2,934.53 0101 Fire Captain 538 $2,552.80 $2,693,201 $2,841.331 $2,997.60 $3,162.47 0100 Deputy Fire Marshal 560 $2,848.80 $3,005.481 $3,171 .201 $3,345.62 $3,529.62 40-Hour Rate (2004 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 483 $4,205.07 $4,436.35 $4,680.34 $4,936.53 $5,208.04 0160 Fire Engineer 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0226 Firefighter Paramedic 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0227 Fire Protection Specialist 523 $5,132.40 $5,414.68 $5,712.49 $6,026.68 $6,358.14 0101 Fire Captain 538 $5,531.07 $5,835.28 $6,156.22 $6,494.81 $6,852.02 0100 Deputy Fire Marshal 560 $6,172.40 $6,511.88 $6,870.93 $7,248.83 $7,647.52 4119f2005 -30- 56-Hour Rate (2004 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 483 $17.33 $18.28 $19.29 $20.34 $21.46 0160 Fire Engineer 514 $20.21 $21.33 $22.50 $23.74 $25.04 0226 Firefighter Paramedic 514 $20.21 $21.33 $22.50 $23.74 $25.04 0227 Fire Protection Specialist 523 1 $21.151 $22.311 $23.541 $24.84 $26.20 0101 Fire Captain 538 1 $22-791 $24.051 $25.371 $26.76 $28.24 0100 IDeputy Fire Marshal 560 1 $25.44 $26-831128:311 $29.87 $31.51 56-Hour Rate (2004 Bi weekly) Job Code Classification Range A B C D E 0229 Firefighter lFirefighter 483 $1,940.80 $2,047.54 $2,160.16 $2,278.40 $2,403.71 0160 Fire Engineer 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0226 Paramedic 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0227 Fire Protection S !alist 523 $2,368.80 $2,499.08 $2,636.53 $2,781.54 $2,934.53 0101 Fire Captain 538 $2,552.80 $2,693.20 $2,841.33 $2,997.60 $3,162.47 0100 Deputy Fire Marshal 560 $2,848.80 $3,005.48 $3,171.20 $3,345.62 $3,529, 62 56-Hour Rate 2004 Monthl Job Code Classification Range A B C D E 0229 Firefighter 483 $4,205.07 $4,436.35 $4,680.34 $4,936.53 $5,208.04 0160 Fire Engineer 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0226 Firefighter Paramedic 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6 076.85 0227 Fire Protection Sp2galist 523 $5,132.40 $5,414.68 $5,712.49 $6,026.68 $6,358.14 0101 Fire Captain 538 $5,531.07 $5,835.28 $6,156.22 $6,494.81 $6,852.02 0100 Deputy Fire Marshal 560 $6,172.40 $6,511.88 $6,870.93 $7,248.83 $7,647.52 HBFA FINAL MOU v.3 -31- 4/19/2005 4% EFFECTIVE SEPTEMBER 24, 2005 40-Hour Rate (2005 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 491 $25.24 $26.63 $28.09 $29.63 $31.26 0160 Fire Engineer 522 $29.47 $31.09 $32.80 $34.60 $36.50 0226 Firefighter Paramedic 522 $29.47 $31.09 $32.80 $34.60 $36.50 0227 Fire Protection Specialist 531 1 $30.82 $32.511 $34.30 $36.19 $38.18 0101 IFire Captain 546 1 $33.20 $35.03 $36.96 $38.99 $41.13 0100 IDeputy Fire Marshal 568 1 $37.07 $39.111 $41.26 $43.53 $45.92 40-Hour Rate (2005 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 491 $2,019.20 $2,130.26 $2,247.42 $2,370.40 $2,500.77 0160 Fire Engineer 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0226 Firefighter Paramedic 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0227 Fire Protection Setgafist 531 $2,465.601 $2,600.80 $2,743.84 $2,895.20 $3,054.44 0101 Fire Captain 546 $2,656-001 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0100 Deputy Fire Marshal 568 $2,965-601 $3,128.71 $3,300.79 $3,482.33 $3,673.86 40-Hour Rate (2005 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 491 $4,374.93 $4,615.55 $4,869.41 $5,135.87 $5,418.34 0160 Fire Engineer 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0226 Firefighter Paramedic 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0227 Fire Protection Specialist 531 $5,342.13 $5,635.07 $5,945.00 $6,272.93 $6,617.94 0101 Fire Captain 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0100 DeptAy Fire Marshal 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05 $7,960.03 HBFA FINAL MOU v.3 -32- 411912005 56-Hour Rate 2005 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 491 $18.03 $19.02 $20.07 $21.16 $22.33 0160 Fire Engineer 522 $21.05 $22.21 $23.43 $24.72 $26.07 0226 Firefighter Paramedic 522 $21.05 $22.21 $23.43 $24.72 $26.07 0227 Fire Protection Specialist 1 531 $22.011 $23.221 $24.50 $2-5—.-85-1 $27.27 0101 IFire Captain 1 546 $23.711 $25.021 $26.401 $27.851 $29.38 0100 IDeputy Fire Marshal 1 568 $26.481 $27.931 $29.471 $31.09 $32.80 56-Hour Rate 2005 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 491 $2,019.20 1 $2,130.26 $2,247.42 $2,370.40 $2,500.77 0160 Fire Engineer 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0226 Fired titer Paramedic 1522 $2,357.60 i ;487.27 $2,624.07 $2,768.39 $2,920.00 0227 Fire Protection Specialist 1 531 $2,465.601 $2,600.80 $2,743.84 $2,895.20 $3,054.44 0101 Fire Captain 546 $2,656.001 $2,802.081 $2,956.801 $3,119.421 $3,290.40 0100 Deputy Fire Marshal 568 $2,965.601 $3,128.711 $3,300.791 $3,482.331 $3,673.86 56-Hour Rate (2005 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 491 $4,374.93 $4,615.55 $4,869.41 $5,135.87 $5,418.34 0160 Fire Engineer 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0226 Firefighter Paramedic 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0227 Fire Protection Specialist 531 $5,342.13 $5,635.07 $5,945.00 $6,272.93 $6,617.94 0101 Fire Ca ain 546 $5,754.67 $6,071.171 $6,406.401 $6,758.751 $7,129.20 0100 Deputy Fire Marshal 568 $6,425.47 $6,778.871 $7,151.711 $7,545.051 $7,960.03 HBFA FINAL MOU v.3 -33- 4/19/2005 2%_EFFECTIVE SEPTEMBER 23, 2006 40-Hour Rate (2006 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 495 $25.75 $27.1.7 $28.66 $30.24 $31.90 0160 Fire Engineer 526 $30.06 $31.71 $33.45 $35.29 $37.23 0226 Firefighter Paramedic 526 $30.06 $31.71 $33.45 $35.29 $37.23 0227 lFire Protection Specialist 535 $31.44 $33.17 $34.99 $36.911 $38.94 0101 IFire Captain 550 $33.88 $35.74 $37.71 $39.781 $41.97 0100 [Deputy Fire Marshal 572 $37.82 $39.90 $42.09 $44.401 $46.84 40-Hour Rate (2006 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 495 $2,060.00 $2,173.30 $2,292.83 $2,418.94 $2,551.98 0160 Fire En ineer 526 $2,404,80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0226 Firefighter Paramedic 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0227 Fire Protection Specialist 535 $2,515.20 $2,653.54 $2,799.48 $2,952.80 $3,115.20 0101 Fire Captain 550 $2,710.40 $2,859.47 $3,016.74 $3,182.66 $3,357.71 0100 Deputy Fire Marshal 572 $3,025.60 $3,192.01 $3,367.57 $3,552.00 $3.747.36 40-Hour Rate (2006 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 495 $4,463.33 $4,708.82 $4,967.80 $5,241.03 $5,529.29 0160 Fire Engineer 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0226 Firefi hter Paramedic 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0227 Fire Protection S cialist 535 1 $5,449.60 $5,749.33 $6,065.54 $6,397.731 $6,749.61 0101 Fire Captain 550 1 $5,872.531 $6,195.521 $6,536.28 $6,895.771 $7,275.04 0100 Deputy Fire Marshal 572 1 $6,555.47 $6,916.02 $7,296.40 $7,696.001 $8,119.28 HSFA FINAL MOU v.3 -34- 4/1912005 56-Hour Rate (2006 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 495 $18.39 $19.40 $20.47 $21.60 $22.79 0160 Fire Engineer 526 $21.47 $22.651 $23.89 $25.21 $26.59 0226 Firefighter Paramedic 526 $21.47 $22.65 $23.89 $25.21 $26.59 0227 Fire Protection Specialist 535 $22.46 $23.69 $25.001 $26.361 $27.81 0101 Fire Captain 550 $24.20 $25.53 $26.941 $28.421 $29.98 0100 Deputy Fire Marshal 572 $27.01 $28.50 $30.071 $31.71 $3- 56-Hour Rate (2006 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 495 $2,060.00 $2,173.30 $2,292.83 $2,418.94 $2,551.98 0160 Fire Engineer 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0226 Firefi hter Paramedic 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0227 Fire Protection Specialist 535 $2,515.20 $2,653.54 $2,799.48 $2,952.80 $3,115.20 0101 Fire Captain 550 $2,710.40 $2,859.47 $3,016.74 $3,182.66 $3,357.71 0100 De Fire Marsha! 572 $3,025.60 $3,192.01 $3,367.57 $3,552.00 $3,747.36 56-Hour Rate (2006 Morrthly) Job Code Classification Range A B C D E 0229 Firefighter 495 $4,463.33 $4,708.82 $4,967.80 $5,241.03 $6,529,29 0160 Fire Engineer 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0226 Firefighter Paramedic 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0227 Fire Protection Specialist 535 1 $5,449.601 $5,749.33 $6,065.54 $6,397.73 $6,749.61 0101 Fire Captain 550-1 $5,872.531 $6,195.52 $6,536.28 $6,895.77 $7,275.04 0100 De ut Fire Marshal 572 $6,555.47 $6,916.02 $7,296.40 $7,696.00 $8,119.28 HBFA FINAL MOU v.3 -35- 4M912005 2% EFFECTIVE MARCH 24, 2007 40-Hour Rate (2007 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 499 $26.27 $27.71 $29.23 $30.84 $32.54 0160 Fire Engineer 530 $30.66 $32.35 $34.13 $36.01 $37.99 0226 Firefighter Paramedic 530 $30.66 $32.35 $34.13 $36.01 $37.99 0227 lFire Protection Specialist 539 1 $32.081 $33.841 $35.701 $37.661 $39.73 0101 Fire Captain 554 1 $34.551 $36.451 $38.461 $40.581 $42.81 0100 IDeputy Fire Marshal 576 1 $38.581 $40.701 $42.941 $45.30 $47.79 40-Hour Rate (2007 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 499 $2,101.60 $2,217.19 $2,338.40 $2,467.01 $2,603.20 0160 Fire Engineer 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0226 Firefighter Paramedic 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0227 Fire Protection S alist 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0101 Fire Captain 554 $2,764.00 $2,916.02 $3,076.40 $3,246.40 $3,424.95 0100 Deputy Fire Marshal 576 $3,086.40 $3,256.15 $3,435.24 $3,624.18 $3,823.51 40-Hour Rate (2007 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 499 $4,553.47 $4,803.91 $5,066.53 $5,345.19 $5,640.27 0160 Fire Engineer 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,586-03 0226 firefighter Paramedic 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0227 Fire Protection S22cialist 539 1 $5,560.531 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0101 Fire Captain 554 1 $5,988.671 $6,318.04 $6,665.54 $7,033.87 $7,420.73 0100 Deputy Fire Marshal 576 1 $6,687.20 $7,055-00 $7,443.02 $7,852.39 $8,284.27 HBFA FINAL MOU v.3 -36- 4/19/2005 56-Hour Rate (2007 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 499 $18.76 $19.80 $20.88 $22.03 $23.24 0160 Fire Engineer 530 $21.90 $23.10 $24.38 $25.72 $27.14 0226 Firefighter Paramedic 530 $21.90 $23.10 $24.38 $25.72 $27.14 0227 Fire Protection Specialist 539 $22.911 $24.171 $25.501 $26.90 $28.38 0101 Fire Captain 554 $24.681 $26.041 $27.471 $28.991 $30.58 0100 IDeputy Fire Marshal 576 $27.561 $29.071 $30.67 $32.36 $34.14 56-Hour Rate (2007 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 499 $2,101.60 $2,217.19 $2,338.40 $2,467.01 $2,603.20 0160 Fire Engineer 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0226 Firefighter Paramedic 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0227 Fire Protection Specialist 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0101 Fire Captain 554 $2,764.00 $2,916.02 $3,076.40 $3,246.40 $3,424.95 0100 Dep Fire Marshal 576 $3,086.40 $3,256.15 $3,435.24 $3.624.18 $3,823.51 56-Hour Rate (2007 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 499 $4,553.47 $4,803,91 $5,066.53 $5,345.19 $5,640.27 0160 Fire Engineer 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0226 Firefihter Paramedic 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0227 Fire Protection Specialist 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0101 Fire Caplain 554 $5,988.67 $6,318.04 $6,665.54 $7,033.87 $7,420.73 0100 Deputy Fire Marshal 576 $6,687.20 $7.055.00 $7,443.02 $7,852.39 $8,284.27 HBFA FINAL MOU v.3 �37- 411912005 EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this plan, provided: A. At the time of retirement the employee has a minimum of ten (10) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium, as indicated, shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made), the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's sponsored medical insurance plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disability Retirees - Industrial disability retirees with less than ten (10) continuous years of regular (permanent) service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. E. Maximum Monthly Subsidy Payments - The payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the fuli premium for the employee and the remaining HBFA FINAL MOU v_3 -38- 4119/2005 dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 F. Eli ibilit : 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City shall notify covered retirees of this opportunity each year_ 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post -retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City HBFA FINAL Mott v.3 -39- 4/19/2005 sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical insurance plan coverage if there is significant disparity between the benefits provided by the "other" medical insurance plan and the City sponsored health insurance plan as defined below. "Significant disparity" means coverage available under the "other" medical plan is restrictive or limited in one or more of the following ways: 1) No in -patient hospitalization coverage. 2) No major medical benefits. 3) Annual deductible is greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The City Administrator or designee will have the authority to provide additional exceptions following review of the "other" medical insurance plan policy. Exceptions will be made only if the "other" medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the City -sponsored medical insurance plan will be coordinated with the "other" medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the "other" medical insurance plan policy for review by the City Administrator or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, he/she may have the Retiree Subsidy Medical Plan reinstated for the purchase of City sponsored health insurance. 6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. HBFA FINAL MOIL v.3 40- 4119/2005 G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. H. Subsidies: 1. The subsidy payments will pay for: a. City sponsored health insurance plans for eligible retirees. b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b_ Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements I. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy_ When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. J. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: HBFA FINAL MOU v.3 -41- 4119/2005 a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the P(an, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. b. When one of the following occurs, dependent coverage will be eliminated: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. 2. Premium payments are to be received at least one month in advance of the coverage period. 3. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. HBFA FINAL Mott v.3 -42- 4/19/2005 EXHIBIT D CITY OF HUNTINGTON BEACH TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the Huntington Beach Firefighter's Association MOU: Article V, Section E-4-Tiller Certification a. Tiller Certification -- The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the method and requirements for Tiller Certification- b. Class B Firefighter Restrictive License. —.State Department Of Motor Vehicles established. c. Light Air Unit — The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the safe operation of the unit but do not actually "certify." We are developing a training program for the unit that will consist of a short written test to identify the safety and operational aspects the lighting and air system. The program will formalize the current existing training program that has been in use and assure that firefighting personnel are property trained. Since Firefighters may not be assigned to the unit regularly, we will also establish a refresher class each year to maintain their capabilities. Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit. Since we do not have a formalized training program for the unit at the present time, all Firefighters will be grandfathered into meeting the requirements until the training program is finalized. This process will provide the following options for compensation. - If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September 5, 1998, they will receive the identified compensation effective that date. Upon implementation of a formal certification program for the Light Air Unit, these Firefighters will be required to become certified in tight air operation. If, after September 5, 1998, and until the training program for the Light Air Unit is developed and implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers License, they will be eligible for compensation following application. Upon implementation of a formal certification program for the Light Air Unit, these Firefighters will be required to become certified in light air operation_ • For Firefighters requesting compensation after the training program for the Light Air Unit is formalized, they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be certified in light air operations. They w411 be eligible for compensation following application. Noted If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as identified in the Huntington Beach Training Manual, Section C-2, dated March.19, 1999. HBFA FINAL MQU v.3 43- 411912005 EXHIBIT E CITY OF HUNTINGTON BEACH INCOME PROTECTION PLAN This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to. 1. The City and HBFA agree that the City shall not provide a City -sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered. employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9_ HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a) A copy of the most current audited financial statements. b) A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries"; c) A copy of the in -force re -insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. HBFA FINAL MOU v.3 -44- 4/19/2005 EXHIBIT F 40156-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE — CURRENT EXCEPTION 40-HOUR FIRE PROTECTION SPECIALIST Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 x .7143 = 17.1 hours Y 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee's 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours — 24 hours = 1376 hours remaining. HBFA FINAL MOU v.3 4/1912005 -45- EXHIBIT F - Continued 56140-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) 40-HOUR FIRE PROTECTION SPECIALIST Remains the same FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER PARAMEDIC ACCRUAL RATE Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period_ This would accurately indicate accrual at the 56- hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection Specialist. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on paycheck. Sick leave accrual would return to 3.6923 per pay period. HBFA FINAL MOU v.S 411912005 -46- EXHIBIT G POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA FINAL MOU v.3 4/1912005 -47- Res. No. 2005-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofticio 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 an regular meeting thereof held on the 2nd day of May, 2005 by the following vote: AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook NOES: Sullivan ABSENT: None ABSTAIN: None Ci Clerk and ex-officio66lerk of the City Council of the City of Huntington Beach, California ATTACHMENT #4 Fire MOU TABLE OF CONTENTS ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS............ .............................................................. I ARTICLE II - EXISTING CONDITIONS OF EMPLOYMENT........................................................................................... I ARTICLEIII - SEVERABIL,ITY...............................................................................................................................................2 ARTICLE IV - SALARY SCHEDULES ................................................. ARTICLEV - SPECIAL PAY.............................................................................................................................................. 33M A- EDUCATION...................................................................................................................................------.......33-32 1. Incentive Plan .................................... ................. 333-2 a. Level .......................................................................................................................................................................................333-2 b. Level II.......................................................................................................... ... 444- c. Degree Majors ...........................................................................................................................................................................44g3 d. Education Committee---•....................•...--...............--............................---...---.----..---..----..--- ....................................................4443 e. Effective Date............................................................................................................................................................................4443 fPrevious Benefits.......................................................................................................................................................................4443 B. ACTING ASSIGNMENTS......................................................................................................................... ........................... .4553 C. ADMINISTRATIVE APPOINTMENTS....................................................................................................................................55-_54 LAdministrative Appointments..................................................................................................................................... 5553 2. Pay Upon Completion ofAdministraliveAppointment ..............................................................................................553 D. PAY UPON COMPLETION OF PARAMEDIC DunES............................................................................................................. 555�4 E- SPECIAL CERTIFICATION/SKILL PAY................................................................................................................................. 6664 1. State Board of Fire Service Certification................................................................................................................... 66 2. Paramedic Recertification ......................................................................................................................................... 6664 3. Preceptors .......................... ........................................................ ..,........................................................... 6 5 4, Firefighter Tiller Certification................................................................................................................................... 67-75 a. Tiller Certification.....................................................................................................................................................................7�3 b. Cass 13 Driver License .................................... ............. ................................................................................. ............................77-75 C. Light Air Unit............................................................................................................ ...............................................................7775 5. Hazardous Materials Team Responder...................................................................................................................... 77-75 6. Bilingual Skill............................................................................................................................................................. 7�5 7. Fire Protection Specialist........................................................................................................................................... 8846 8. Level HInvestigator........................................................................................___..........---.....------...........---.......---.--86,M F- HOLIDAY PAY-IN-LIEU.................................................................................................................................................... 89% G. REPORTABLE TO PERS......-........................................................................................................................................ 94W7 ARTICLE VI - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT................................................................... 97 A. UNIFORMS PROVIDED BY CITY.................................................................................................................................... 910107 B. UNIFORM ALLOWANCE/FITNESS.........................................................................................................-.................__ 10' ^, C. UNIFORM CARE AND REPLACEMENT.......................................................................................................................... 1O10.4AS D. UNIFORM POLICIES AND ADVISORY -COMMITTEE ....................................................................................................... 10441494 E. REPORTABLE TO PERS--------•................................................................................................................................. li, , ARTICLE VII - HOURS OF WORK/OVERTIME..................................................................................................... LIH H9 A. WORK SCHEDULE................................................................................................................................ --------------------- 11 4 B. HOURS OF WORK - DEFINED.................................................................... ................................................................. 1 1444. 9 C. LEVEL PAY PLAN., ................... ................. ........................... — .................. __ .......................................... 12121340 D. OVERTIME/COMPENSATORY TIME........................................................................................................................... 1314 1411 L Paid Overtime......................................................... .......................13441411 2- Compensatory Time ........................................... .................. -......... __.............................................................. I3444-444 a. Non -Exempt .................................... ........................ ................. _._........... ,...................................................................... 14141411 b. Staff Personnel.................................................................................................................................................................144414-Ul C. Compensatory Time Paid Off............................................................................................................................................14451512 3. Callback .................................. ........................................................... .......................... .... -................................ 14441-342 4. Mandatory Standby...........................................................................................................................................14 14 V-99 -I iiM3100 GA4 PAN 4/19/200 Fire MOU TABLE OF CONTENTS 5. Pagers........................................ ..................... .................................................................................................. 154 6. Required Training Attendance ..........................................................................................................................154 2 7- Cancellation of Overtime.................................................................................................................•--------------... 151-5-1.412 8. Court Time.........................................................................................................................................................154 64613 9- Pay Out of Rank.......................................................................•-•-•-----•----------------------...--------------.----------------------.16441414 E. JURY DUTY.............................................................................................................................................................. 16161613 F. SHIFT ExcHANGE/RELIEF------................................................................................................................................... 161v�3 G- ASSIGNED SHIFT POLICY .................. 161 7, _ 7114 H. MINIMUM STAFFING AND FILLING VACANCIES........................................................................................................ 16174714 I. Minimum Staffing Levels ..............................................................................---------.-----------•--------....................... 1617171 ARTICLE VIH — HEALTH AND OTHER INSURANCE BENEFITS..................................................................... 25261714 A. MEDICAL.... ........................................................................................... . .......................... _ ................... .............. 25261714 B. ELIGIBILITY CRITERIA AND COST .................................................... .................... 25261-7J-4 1. City Paid Medical Insurance —Employee and Dependents............................................................................... 25261-;, 4 2. Year 2004 Health and Other Insurance Benefit Premiums, Employer Contribution, and Employee Contribution252-61-7 a. Monthly Premiums ..................................................... ....................................................................................................... 25-L"14-5 b- Employer Contribution......................................_...............--....------------------........----------.------------------------------ ..--...--...--.......262:74S4-6 C. Employee Contribution ........... -•--------------------------•-----..--..................................................................................................28292017 C. FUTURE PREMIUMS ................................................................................................................................................ 31312320 D. MEDICAL CASH -OUT., ...................... .......... .......... ____ ........ ....... 3 t322_20 E. SECTION 125 PLAN...................................................................... ................... .................. ..•.................................. 311=20 F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT....................................................................................... 31322320 1. Life------------------------------------------------------------------------------------------------ . 3132232 2. Accidental Death and Dismemberment.............................................................................................................. 31322-320 G. LONG TERM DISABILITY........................................................................................................................................31322320 H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN31322 I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE................................................................................................ 32332421 J. MISCELLANEOUS ............. .................. .......... ............. ............................................................................................. 333-3-2522 ARTICLE IX — RETIREMENT.................................................................................................................................... 37392623 A- BENEFITS...........................................................................................37382€23 1. Public Employees'Retirement System .......................................... ................. _... _....... .................................... 377A 2624 2, Self -Funded Supplemental Retirement Benefit ................................................................. --------------------------------- 38392f23 3- Medical Insurance for Retirees..........................................................................................•--------------------........... 383 2-724 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING..................................................... 40442.925 1. Employee's Contribution.................................................................................................................................... 40 4 3. Reporting o Base Sala --. 40429" C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES... . .......... __ ...................................................................... 40425 ARTICLE X -• LEAVE BENEFITS.............................................................................................................................. 40422.926 A. LEAVE WITH PAY..................................................................................................................................................... 40422.926 LVacation ----------------------------------------------------------------------------------------------•---•-.-•-----•-----•---...--.................................4042 — 26 a. Accrual---------------------------------------------------------------------------------------................................ ____ ................... ...........................40422926 C. Eligibility and Permission ........................... ............................................................................... _414323027 d. Conversion to Cash...........................................................................................................................................................4244 3 121 e. Pay -Off at Termination.....................................................................................................................................................42443127 2. Sick Leave........................................................................................................................................................... 424.44128 a. Accrual.........................................................•-----------------....--.....................................................-.......................................4244312R b. Pay -Off at Termination......................................................................................................................................................43443128 C. Utilization in Conjunction with Industrial Disability Leave ....................... ................................................................. .----- 4345'32 F 3. Family Sick Leave ............................................................................. ___ .......................................................... 4343422 c- Authorization .........................Error! Bookmark not defined.&rrord -KA-PAMarl, not defined Ur-rer-! floohmard-no 4- Bereavement ....................................................................................................................................................... 43433-1�3 5- Association Business----•.....................................................................................................................................44464 2-9 ARTICLEXI - CITY RULES....................................................................................................................................... 44,1"319 V-99 II 4 11sinn 5;14 FAA 4/191200 Fire MOU TABLE OF CONTENTS APERSONNELRULES..................................................................................................................................................444633-29 B PRECEDENCE OF AGREEMENT.......... ..................................................... ................................44463329 C. LAYOFF RULES ......................................... ...................................... -............... ...................................................... 44463330 ARTICLE XII - MISCELLANEOUS...........................................................................................................................444b3330 A FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES - POLICY D-10.......................................................44463330 BLIVING QUARTERS ................................................................................................................................454.63330 C. PAYCHECKS..................................................................•-...---•--..-----•........................................................................454 438 1- Bi-weekly Pay --------•- • --- .................................................................................................. ........................... ........ .454-7-443A 2. Paycheck Distribution..................................................................................................................................I-- 4547 8 3. Vacation Paycheck-.-.-. ...................................................................................................... ...--- --- •---...--------4549-443A D CLASS B DRIVER'S LICENSE-- ..............................................................................................................................454734.30 E FLEET MANAGEMENT PROGRAM ...................... .................45473 430 G DEFERRED COMPENSATION LOAN PROGRAM........................................................... .....................45473431 ARTICLE XIII - MANAGEMENT RIGHTS.............................................................................................................46483531 ARTICLE XIV - TERM OF MOU...............................................................................................................................46483531 ARTICLE XV - CITY COUNCIL APPROVAL........................................................................................................47493632 EXHIBIT A - EMPLOYER -EMPLOYEE RELATIONS RESOLUTION...............................................................495 0833 EXHIBIT B - CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE ...................... 50533935 EFFECTIVESEPTEMBER 27, 2003......................................................................................................................................50543 35 EXHIBIT C - RETIREE SUBSIDY MEDICAL PLAN.............................................................................................64674036 DISABILITYRETIREES........................................................................................................................................................ 65684i37 MAXIMUM MONTHLY SUBSIDY PAYMENTS............................•-.-•---•-----.............................................................................6568413'7 EXHIBIT D — PERSONNEL RULE CHANGES ............................ .................7"''., , APERSONNEL RULES..................................................................................................................................................70 542 EXHIBIT E - TILLER CERTIFICATION.................................................................................................................7980 EXHIBIT F - INCOME PROTECTION PLAN ........80Qa1 EXHIBIT G - 56-HOUR VACATION AND SICK LEAVE ACCRUAL - LEAVE BENEFITS (EXAMPLE) .... 8184565 EXHIBIT H - POLICY D-14 MINIMUM STAFFING AND FILLING OF VACANCIES....................................83865854 V :98 -i 11.11"^^ 5-44 RAR 414 9l200 Res. No. 200442 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) September 25, 2004 — September 24, 2007 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS A. It is recognized that the Huntington Beach Firefighter's Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of employees of the City of Huntington Beach within the following classifications: Deputy Fire Marshal* Fire Captain Fire Engineer Firefighter Firefighter Paramedic Fire Protection Specialist* *Administrative Appointments B. The CITY and Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, would be entitled to propose a Unit Modification. This agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing FIRE Association unit. ARTICLE If — EXISTING CONDITIONS OF EMPLOYMENT A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions of employment within the lawful scope of representation of the ASSOCIATION that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall have the same meaning as the word "manning" and are used interchangeably. 2004-2007 Firefighter MOU 3-08-05 v.4. - {- Res. No.. 2004-42 } FIRE MOU September 2:7, 2003 ih Fo gh Cp4 2004 September 25, 2004 — September 24, 2007 ARTICLE III - SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV — SALARY SCHEDULES For each year of this agreement. the base salary of each employee -classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. 1. Effective September 25, 2004, all bargaining unit employees shall receive a 4% four percent) wage increase 2. Effective September 24, 2005, all bargaining unit employees shall receive a 4% (four percent ) wage increase 3_Effective September 23, 2006, all bargaining unit employees _shall receive a 2% (two percent ) wage increase _4._ _Effective March 24, 2007, all bargaining unit employees shall receive a 2% (two percent ) wage increase 5. Salary Study, - On or before April 1, 2007, representatives of the parties will conduct a joint study that compares the total compensation._- as defined below, of employees in the classifications of Firefighter. Firefighter Paramedic, Fire Engineer and Fire Captain to the total compensation of comparable employees working for the Fire Departments described below, provided that those agencies may be altered by mutual agreement of the parties. The parties shall make every effort to complete the study on or before June 30, 2007. The City shall have no obligation to take any action regarding the compensation of employees covered by this Agreement based upon the results of that study. The ingredients of compensation used for comparison purposes shall be those in effect at the time of the study, except that, where the parties have identified increases to become effective by the end of the first pay period in October VA9 -2 11/13100 5A 4 r?AA 4/19/200 Res. No_ 200J-433 FIRE MOU September 27, 2003 through September 24, 2004 September 25, 2004 — September 24, 2007 2007, the increased levels of compensation_ shall be used. The following ingredients of total compensation shall be considered, along with any others mutually agreed upon by the parties: basesalary, the value of employer payments of required employee retirement contributions, the value of employer contributions towards the payment of premiums for medical, dental, vision and long-term disability insurance the maximum amount of special pays i.e. assignment bonuses that any one employee is capable o€ earning, the maximum longevity payment, the maximum educational incentive bonus, the maximum certification pay, the value of the maximum leave accruals and the value of any enhanced retirement formulas. The parties shall make every effort to agree upon the methodology of calculating the value of these ingredients. As part of that process, the parties may agree to remove and/or add other ingredients of pay to the definition of total compensation. The Fire Departments that will be used for comparative purposes, unless changed by mutual agreement of the parties, are as follows: Orange Count Fire Authority, Santa_ Ana Fire Department, Anaheim Fire Department, Costa Mesa Fire Department, Torrance Fire Department, Los Angeles County Fire Department, Fountain Valley Fire Department, Newport Beach Fire Department, Glendale Fire Department, Los Angeles City Fire Department, Long Beach Fire Department ARTICLE V — SPECIAL PAY A. Education: Incentive Plan — It is the purpose and intent of the Education Incentive Plan to motivate the employee to participate in, and continue with his/her education so as to improve his/her knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the CITY. As certain levels of additional education are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of his/her educational achievement. a -.a. Level I — Any employee who has completed one (1) year of service with the City of Huntington Beach and has attained an Associate of Science Degree in Fire Science, or an equivalent course of study as determined by the Education Committee and the Fire Chief, shall receive an additional bi-weekly payment of forty-six dollars and fifteen cents ($46.15). Effective pay period beginning March 24, 2007, the bi-weekly payment of City shall ner veFt the 4.iwee dy payment of $46.15 shall be converted to a special pay ° of 1.78% of the base bi-weekly rate_eata+- of_ a_ Firefighter Step E. It VAS n 5-4 AAA 4/19120 Res. No.. 2004-42 FIRE MOU September-27, 2003 thFough September-24, 2004 Septemb_er_25, 2004 — September 24, 2007 is the intention to rovi p 'de all eligible employees the same dollar ,,...,_ll value in this special pay regardless of rank. Level 11 — Any employee who has completed three (3) years of service with the City of Huntington Beach and has attained a Bachelors Degree in Fire Administration, Public Administration, or an equivalent course of study as determined by the Education Committee and Fire Chief, shall receive an additional bi-weekly payment of sixty-nine dollars and twenty-three cents ($69.23). Effective pay period beginning March 24, 2007, the bi-weekly payment of Tt —stml-1 r.envert the_ $69.23 shall be converted to a socialpay-of 7equal4e 2.67 % of the base-bi-weeklyrate of a Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. 1}a. gib. Degree Mao — Degree majors in an equivalent course of study other than Fire Science, Fire Administration, or Public Administration, shall be approved in advance by the Education Committee. d:c. Education Committee — An Education Committee shall be formed and shall be composed of three (3) members. Of said three (3) members, one shall be appointed by the ASSOCIATION, one appointed by the Fire Chief, and the third shall be the Human Resources Manager. e.d. Effective Date — Certification to an education award and to the additional compensation pay shall begin the pay period following certification. Vie. Previous Benefits — Notwithstanding the foregoing, any employee currently receiving educational incentive benefits in any previously approved schedule, shall continue to receive the monthly payments entitled thereunder, in lieu of any payment available under Section "A.1.„ of this Article, if the current payment exceeds the payment to which the employee would be entitled under Section "A.1." if any. B. Acting Assignments: Employees acting in a higher classification, when properly qualified and compensated in accordance with the CITY Personnel Rules, shall be considered equivalent to the required classification. V48 _4 41113 00 S a PLM 4/19/200 Res. No.. 2004-42 FIRE MOU September 27, 2003 through September 24, 2004 September 25 2004 -- September 24 2007 C. Administrative Appointments: 1. Administrative Appointments — The CITY may, from time to time, administratively appoint employees to administrative or specialist positions. The personnel appointed to the positions of Deputy Fire Marshal, and Fire Protection Specialist; shall serve at the discretion of the Fire Chief. An administrative appointment shall not affect the employee's regular classification or rank. Persons appointed to these positions shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. 2. Pay Upon Completion of Administrative Appointment: a. An employee administratively appointed to the positions of Deputy Fire Marshal and Fire Protection Specialist, who subsequently is voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a one (1) step reduction in pay to initially coincide with their reduced assignment and at each anniversary date of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. Any administratively appointed employee to the positions of Deputy Fire Marshal and Fire Protection Specialist, who has completed four (4) years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one (1) year thereafter, be entitled to return to his/her permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. c. This section shall not apply to disciplinary demotions or layoffs. D. Pay Upon Completion of Paramedic Duties — Any Firefighter Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to his/her previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1) year prior to the date of the requested reinstatement. Upon reinstatement, if the employee's current base salary is equivalent to or in excess of Step E of the respective Firefightersalary range, his/her salary will not change until it no longer exceeds Step E of the respective Firefighter salary range. If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a step in the range closest to his/her existing current base salary. This section shall not apply to disciplinary demotions or layoffs. VA9 -5-11 rl a Inn e n 4119l200 Res. No.. 2984-42 FIRE MOU September- 27, 2003 +hFo gh September 24, 2004 September 25, 2004 — September 24,_2007 E. Special Certification/Skill Pay: 1. State Board of Fire Service Certification Any employee, in a position that did not require certification as a condition of employment, and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied, shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250). Each employee may only receive one such payment irrespective of the number of times he/she is certified in any position. 2. Paramedic Re -certification — Each time a Firefighter Paramedic assigned as a Firefighter Paramedic is re -certified by the State of California as a Paramedic, the Firefighter Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500). Each time a Fire Captain or Fire Engineer is re -certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently possesses a State of California Paramedic License and/or are re -certified by the State of California as a Paramedic and are not i.,Gall,..,,,...-edited by the depaFtFno practice as a Paramedic. Re -certification pay for Captains and Engineers shall be limited to thirty (30) positions. pop" M IN PON, The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and topractice as a paramedic _based upon established department standards. 3. Preceptors Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or designee shall be paid the equivalent of thirty dollars ($30.00) per twenty-four (24) hour shift. Effective pay period beginning March 24, 2007, the City shall convert the above payment to a special pay egu" of 5.34 % of base hourly7Fate-o" Step for each hour worked. It is the the hourly date oFirefighter to intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. 4. Firefighter Tiller Certification — V-98 6 MUM 5114 PU 4I191200 Res. No.. 2004-43 FIRE MOU Septembe{ 27, 2003 through SeptembeF 24, 2984 September 25 2004 -- September 24 2007 Firefighters that obtain and maintain the certifications and qualifications as outlined in (a) through (c) below shall receive forty-six dollars and fifteen cents ($46.15) bi-weekly Tiller pay. Effective pay period beginning March 24,_2007, the City shall convert the bi-weekly payment of $46.15 shall be converted to a special pay of 1.78 % of the base bi-weeklyrate sala.Fy of a Firefiahter Step E. It its the intention to provide all eligible Firefighters the same dollar value in this special pa a. Tiller Certification — Obtain and maintain Huntington Beach Tiller Certification. b. Class B Driver License — Obtain and maintain a minimum of a valid California Class B Firefighter Restrictive License. c. Light Air Unit -- Ability to drive and operate, the Light Air unit as required, and identified in Exhibit E. 5. Hazardous Materials Team Responder — Those members who have been specially trained for the position of Hazardous Materials Team Responder, and are specifically assigned by the Fire Chief or his/her designee to the Hazardous Material Unit or backup unit, shall receive additional compensation in the amount of one hundred thirty eight dollars and forty-six cents ($138.46) bi-weekly_ Effective a eriod be innin March 24 24Q7 the bi- weekly payment of $138.46 shall be converted to a special pay of 5.34 % of base the bi-weekly rate sala-ry of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. 6. Bilingual Skill — Permanent employees who are qualified and assignCP) to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent (5%) of their basic hourly rate in addition to their regular bi-weekly salary. Permanent employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) for every bi- weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Manager or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate's attempt is unsuccessful, he/she may repeat the process in six (6) months time from the date of the previous 4119/200 Res. No.. 2004-42 FIRE MOU September 27, 2003 through September 24, 2004 September 25, 2004 — September 24, 2007 exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re -certify bilingual skills with the Human Resources Manager or designee every five (5) years. 7. Fire Protection Specialist — Level I Investigator Certification -Must meet the requirements of NFPA 1033 Professional Qualifications for Fire Investigator f, or successful completion of the California State Board of Fire Services Fire Investigator I courses, including investigation IA, IB, and PC 832. These requirements must be met within six (6) months of appointment as a Fire Protection Specialist. 8. Level II Investigator — The Level II Investigator salary rate will be adjusted 11% resulting in the following assigned salary adjustment: a. Fire Protection Specialists assigned to a 56-hour suppression work schedule, regardless of the suppression rank, while on duty and temporarily reassigned to Level I responsibilities will be compensated equivalent to the Fire Protection Specialist 56-hour salary rate. b. Fire Personnel assigned to a 40-hour non -suppression work schedule, while on duty and temporarily reassigned as a Level II Investigator, will be compensated equivalent to 22 ranges above a Fire Protection Specialist. c. Fire Suppression personnel, off duty and temporarily assigned as Level II Investigator, will be compensated equivalent to 22 ranges above Fire Protection Specialist rate at time and one-half. d. Fire Suppression personnel, while on duty and temporarily reassigned to Level II Investigator, will be compensated equivalent to 22 ranges above the Fire Protection Specialist 56-hour salary rate. All special certification/skill i2ay shall be effective the first full pay period following certification. F. Holiday Pay -In -Lieu Permanent, full time employees shall be compensated by the city in -lieu of the ten listed holidays at their appropriate assigned work schedule rate, either at a forty -hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) hours per holiday. Employees assigned to the 56- hour workweek shall be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from .98 -8 4/191200 Res. No..1004-43 FIRE MOU September- 27, 2003 through September 24, 2004 September 25, 2004 — September 24, 2007 a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day ( November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be,observed the preceding Friday. Employees designated by the Fire Chief who are required to work regular shifts on the above holiday set forth in Section F.1. of this Article, shall not be entitled to time off or overtime. G. Longevity Pay - Effective September 23, 2006zall unit employees with the following full time, continuous service in the City of Huntington Beach shall receive the following longevity pay: 1 . Five (5) years or more, but less than ten (10) years, of service shall receive Ian evi!y pay equal to 2.5% of base sala �^ 2. Ten 10 ears or more but less than twenty 20 ears of service shall receive longevity pay equal to 5% of base salary 3.ry, _Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base sala H. Reportable to PERS — Subject to State Law and Regulations, compensation paid as a result of this Article shall be reported to PERS as salary. ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City. _ The City will provide all personnel represented by the HBFA with uniforms as described in the most current Policy C-2, Uniforms executed by the parties. VAS -s 411912005 89.5 Res. No.. 2904-42 FIRE MOU September 25 2004 — September 24 2007 B. Uniform Allowance/Fitness — City shall provide each employee who participates in the Fire Department's current physical fitness program, Policy D-9, Physical Fitness Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December 1st to be eligible for the December uniform allowance. C. Uniform Care and Replacement: The City at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter's regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 Uniforms — Uniforms shall be replaced by the City whenever the Fire Chief or his/her designated representative determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. All uniforms and equipment furnished by the City, with the exception of T- shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform Policies and Advisory Committee: 1. The present uniform and clothing policies, as delineated in this Article, shall remain in effect until the Fire Chief or his/her designee and the Association mutually agrees on a new uniform system and on the date of implementation. On said implementation date, all safety clothing and uniforms required by the City to be worn by employees during working hours shall meet all applicable State and Federal regulations relating to said clothing and, with the exception of station uniforms, be of a high quality, fire resistant material. A uniform advisory committee composed of two (2) members appointed by the Association and two (2) representatives appointed by the Fire Chief, shall make recommendations on the uniforms to be worn, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this MOU. VAS -10- a 43100 SA4 PU 4119/244 Res. No.. 2004- 43 FIRE MOU September 27,2003 thFaugh September 24, 2004 September 25, 2004 - September 24, 2007 Reportable to PERS: - , of this AFtir-Ae sh-all be repoFted to 12ERS as sal The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(1)(5) to the California Public Employees' Retirement System CalPERS for each classification the` average annual cost of (uniformR1s provided by the City as well as the physical fitness uniform, described in Subsection (B), as e6al GG M Pe4Watipn ISM aGrnrr1anra wi�E1 For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE VII - HOURS OF WORK/OVERTIME A. Work Schedule- 4-. 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. 2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period rth in the Fair Labor Standards Act (FLSAJ 3-.3. Fire Prevention staff and administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period_ B. Hours of Work - Defined: Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts shall occur at 0800 hours each day. However, employees shall actually arrive sufficiently in advance of 0800 hours so as to comply with Fire Department Rules and Regulations, Policy B-2, Section 7.37. Said advance time shall not constitute hours worked. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 4. The maximum time allowed within the forty (40) hour workweek schedule for both lunch and physical fitness shall not exceed four (4) hours within any given workweek. All physical fitness activities considered to be work activities shall be conducted on duty within fire stations and under supervision. y :95 -11 11113100 5:14 P-M 4119/200 ?)?u17nn�zt2n)2nn f`�t2n^5v?21! �r5 Res. No.. 2004-42 FIRE MOU Septemben'7, 2003 thr-�rRough-SeptennbeF24, 2004 September 25, 2004 — September 24, 2007 5. An employee who is held over beyond the end of his/her regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest quarter (1/4) hour. 6. Exchanges of time shall not be considered when computing hours worked as defined in this Article. 7_ An employee shall be considered to be working if he/she is ordered to duty by the Fire Chief or his/her designee. C- Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel — day work PeFied—The 15 day FLSA work period shall begin at 8 a.m. on the first shift worked by the A shift following six days off. There shall be 14 FLSA work periods for every fifteen 14 day pay periods. Each employee shall be regularly scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay), so that for every cycle of 14 FLSA work periods, an employee shall receive 140 hours of premium pay for working regularly scheduled hours. All regularly scheduled non "lost time" hours shall be counted as hours worked. Each employee assigned to twenty-four shifts for a full FLSA work period shall receive 102.67 hours of regular pay and 9.33 hours of premium pay in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 2. In addition to the premium pay provided above, twenty-four (24) hour shift employees shall receive premium pay for hours worked in excess of regularly scheduled hours unless the employee has "lost time" in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the y-.98 -12-11 1 z 00 5Aw RM 4119120053128/2 Res. No.. 2904-42 FIRE MOU September 25, 2004 — September 24, 2007 employee shall receive premium pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period_ 3. Lost Time — Defined — "Lost time" is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Fort40 Hour Work Week --- Personnel who are not assigned to twenty- four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive premium pay for working hours in excess of their regularly scheduled hours. 5. 4/10 WORK SCHEDULE DEFINED — The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. The FLSA designated work week shall defined as Saturday 8:00:00. a.m. to Saturday 7.59:59 a.m. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator Department Head or designee may require such service from said employees. D. Overtime/Compensatory Time: 1. Paid Overtime a. All employees covered by this MOU shall be eligible for overtime pay at their premium hourly rate for all actual work performed in excess of the employees' scheduled hours in their declared work period. b. Any employee who voluntarily works overtime in a different classification shall be compensated at a rate of pay consistent with the classification worked. Any employee who is ordered in to work in a lower classification shall be compensated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. The overtime system and/or Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time V 8-1311113NO 5-14 PM 4119I200 Res. No.. 2004-4� FIRE MOU September September 24 ; 2004 September 25, 2004 - Septembe_r_24, 2007 a. Non -Exempt - All overtime worked by non-exempt employees shall be compensated at the employee's premium hourly rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel - For all staff personnel positions, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option and with the approval of the Fire Chief, be compensated by compensatory time off at time and one half for each overtime hour worked. 1) Compensatory time may be accumulated to a maximum of one hundred -twenty (120) hours. Compensatory time may be taken on an hour -far -hour basis on1v with the permission of the Fire Chief or his/her sworn designee, which permission shall be granted unless_ granting the request will unduly disrupt the Department. Ce,mpe3nsatepy time may be taken on an ho ur_fe-,r_ho er basic only with +hn ner,tti et+inn of TTf�[GTcc' the Ciro Chief, with d r e onsideration For iho roeron4 of rho employee and part}e"I�eonrd fOF the need of the ilL_ Upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at the employee's premium hourly rate. Any such payment shall be made on the next regular payday, following the request, provided the request is made by the end of the previous payroll period. 2) Compensatory time may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief or his/her sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off - Immediately prior to At -the time of any change in the salary schedule, any accumulated time, which has not been used or paid off,L, shall be eligible to be paid in cash at the premium hourly rate based upon the salary schedule for 40 hour we* per week personnel in effect prior to the change. 3. Callback - Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation on an hourly basis. 4. Mandatory Standby - Any employee may be placed on "mandatory standby" by the Fire Chief or his/her sworn designee. Employees on mandatory standby must remain available for immediate response during the designated standby period. All personnel placed on mandatory standby shall receive a minimum of two (2) hours compensation for each twelve (12) hours of off duty standby time or fraction thereof. 4179120Q5 Res. No..1004-41 FIRE MOU September 27, 2003 through September 24, 2004 September 25 2004 — September 24 2007 5. Pagers -- Recognizing that personal pagers are part of the Fire Department's business and emergency alerting system, pagers shall be issued and worn only on a voluntary basis with the exception of members who are placed on mandatory standby who may be required to wear a personal pager while on such standby. An employee placed on mandatory standby may voluntarily wear a pager, and if so, shall receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off duty standby time or fraction thereof. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6. Required Training Attendance — An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. When attendance occurs at a time when the employee is not scheduled to work, he/she shall be compensated on an hourly basis, 7. Cancellation of Overtime — Any employee who is scheduled to work overtime in advance of the time set forth for such scheduling in Huntington Beach Fire Department Organization Manual, Policy D-3 which scheduling is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an hourly basis_ 8. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. c. Employees shall not receive both standby pay and time and one half pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with b. above. v-98 -15 11113l0- 0- 5A 4 Phi 4119/200 Res. No.. 200442 1 FIRE MOU September 25, 2004 — September 24, 2007 9. Pay Out of Rank — Subject to the approval of the Fire Chief or his/her sworn designee, an employee may voluntarily work in a classification below their rank. Compensation for hours worked in the lower capacity (voluntarily or ordered) shall be paid at the employee's regular rate of pay. E. Jury Duty — Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City- F. Shift Exchange/Relief: The Fire Department shall allow Association members' exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 2. An employee may be relieved by any other employee who is qualified to relieve him/her at any time between the hours of 0600 to 0800. It shall be the responsibility of the employee's supervisor to insure that the relief of all employees is accomplished in a fair and equitable manner. The employee's supervisor may revoke this early relief privilege if abuses occur. It is understood and agreed that such early relief provisions shall not result in any additional cost to the City. G. Assigned Shift Policy — Employees of equal rank shall have the option to change assigned shifts on an employee for employee basis upon written request to and approved by the Fire Chief. H. Minimum Staffing and Filling Vacancies: Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein: ARTICLE Vlll — HEALTH AND OTHER INSURANCE BENEFITS A. Medie-al Health Insurance 1. The City shall continue to make available group health. -dental and vision benefits to all HBFA employees. 22. Effective January 1, 2005, the City will increase the dental (DPO Plan) VAS _16-M4 X00 5:4 a oM 4/19/200 Res. No.. 2004-42 FIRE Mou September 27,003 through September24, 2004 September 25, 2004 - September 24, 2007 annual maximum benefit to $2000. B. _Eligibility Criteria and Cost 1. City Paid M_.jGal Health Insurance - Employeesand Dependents The •r City- shall pay a�i - . !.a _-ate • U"ala � l SIiJ -s- ��--a�aa- employees aan azenvirgep9FmaR@Rt employee. An employee, _eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City's._insurance-Plan described below effective the first of the month following the employee's date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer Contributions to Health and Other Insurance Benefits The City'smaximum_ monthly employer contributions for health and other insurance oremiums is set forth in the charts below. WMM ��. • �� - v-99 -17 1111 WOO 5-14 ISM 4119/200 Res. No.. 2004-42 1 FIRE MOU September 25, 2004 — September 24, 2007 v=99 -4 8 4119I200 Res. No.. 2004-42 FIRE MOU September r r 2004 September 25, 2004 — September 24, 2007 Monthly Blue Shield Blue Shield Blue Shield Kaiser Employer Safety Only High Option ; Low Option Slue Shield Pefma6-06 Contribution PPO 9t)110 laPO 80/20 PPO ��ti0 HBO. EE 1373.77 ja73,77 373.77 274.<J3 274.03 EE. f 1. 702.25 702.25 702.25 555.51 555.51 E154 2 or more 851.34 851.34 851.34 720.18 720.18 IVlanthlY Qel#a Db Employe Den al ®en l Contribution: V.sion EE ,' 42.88 $23.00 17.58 EE + '1 ;;' 81.82 39.11 17.58 EE + 2 or more: 116.36 59.81 17.58 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insuranceplan(s) selected by the employee. ww ■ r mr .0iiir • • mums � r r . ■ w • . r a • a • . V-99 _19 11l921_�r !1 �A OM 4/19/200 Res. No.. 2004 42 FIRE MOU September 27, 2003 thFough September 24, 2004 September 25, 2004 — September 24, 2007 v=98 -20 11/13100 4/19/2005V28120063i2412005343i2OO53A24424" Res. No..1884-42 FIRE MQU September 25, 2004 -- September 24, 2007 - a a -E--E 4:. . 4,69 e F w 1 1 I 114- 9. mom' 813Y ® s®R -A � saw -i t •1iA VAS -21 11111100- _ 5-1 A DRII 4I79120a Res. No.. 2004-42 FIRE MOU SeptembeF 27, 2003 through September24, 2004 September 25, 2004 — September 24, 2007 I*9. r C. Future Premiums The city "caps" its contributions toward monthly group health, dental and „vision plan premiums, by cate o EE EE + 1 and EE + 2 or more and plan, at the year 2994 2005 level. Until the City Council approves a successor to this Memorandum -of -Understanding= the city's 2004 2005 contribution caps wilt remain in place in-2004 2005 and beyond even if premium increases result in these additional costs being borne by the employee. D. Public Emplovees' Medical and Hosotial Care Act (PMHCA) OPTION Notwithstanding the above, the Association has the right to select Public Employees' Medical and Hospital Care Act (PMHCA) medical insurance coverage under the same terms and conditions as other participating employee associations representing safetv em0ovees of the Citv. provided the city continues to offer PMHCA insurance to any of its safety employees. V=90 -22 1 1 I.1 3100 5:14, n� 4/191200 Res. No.. 2-084-42 1 FIRE MOU September 25, 2004 — September 24, 2007 E Medical Cash -Out If an employee is covered by a health program outside of a city -provided program (evidence of which must be supplied to the AdMoRistFafive Se Fyine s Def17dment! Employee Benefits Division, the employee may elect to discontinue city health insurance -coverage and receive ninety-two dollars and thirty-one cents ($92-31) bi- weekly to deposit into the employee's deferred compensation account or any other pre-tax program offered by the city. EF. Section 125 Plan This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses. FG. Life and Accidental Death and Dismemberment: Department Life — The Citv shall Drovide a Life Insurance plan for the emMovees covered by this MOU. The coverage amounts had been based on the age/wage schedule list in the certificate of coverage. Copies of the certificate of coverage are available in the Employee Benefits Division. Effective _January 1, 2005, the City shall increase the benefit to_$50,000 in lieu of the age/wage schedule of benefits. 2. Accidental Death and Dismemberment — The City shall provide an Accidental Death and Dismemberment Insurance plan for employees covered -bthis MOU. Said plan shall have a benefit amount of fifty thousand dollars ($50,000). GH. Long Term Disability — The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty- eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be sub'ect to the terms and conditions contained in Exhibit F. I4,I Retiree Medical Coverage for Retirees No# Eli ible for the City Medical Retiree Subsidy Plan v-99 .23-111141nn 5;14 4h191244 Res. No.. 2004-42 1 FIRE MOU SeptembeF27,2003 thFough September 24, 2004 September 25, 2004 — September 24, 2007 Em to ees who retire from the City after Janua 1 2004 are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan, may choose to participate in City sponsored health insurance plans until the first of the month in which they tum age sixty-five (65).. The retiree shall pay the full premium for City sponsored health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees' Retirement System, are not eligible for the Cit 's Retiree Subsid Medical Plan and choose not to participate in City sponsored medical insurance upon retirement _permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the Cit 's Retiree Subsidy Medical Plan chooses not to .participate in city sponsored medical insurance plans because the retiree. has access to_other _group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to city sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). 4-.J_ Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or gualified dependent must choose to participate in City sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified_ dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City sponsored medical insurance plans that are supplemental to Medicare for themselves or gualified dependents without any City subsidy. Retirees or gualified dependents, upon turning age 65 who choose not to participate in City ponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. 4K.Miscellaneous: v :99-24-14113100 54 -PM 4/19r2aa Res. No.. 2004-42 1 FIRE MOU September 27,2003 through SeptembeF 24, 2004 September 25, 2004 — Septembe_r24207 r • • r - r iffflpp 1 w •r • r. r r w w .r R R 11+ • ll i ••.r r • . •+ •. r s r- ►s-1 w� 1. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 2.Wh_enever an eligible employee is absent because of illness or injury, the City shall continue to -provide to the employee and his/her dependents, all of the insurance benefits set forth in this Article for the duration of any such approved absence not to exceed twenty-four (24) months. ---K.L Voluntary Health Savings Account The Citv shall imr)lement a voluntary health savinas account olan during the term of the agreement for the purpose of allowing emr)lovees the or?nortunity to fund Dost medical retirement health premiums. lop IS rH r r r . • • . E. 7 r . r . i�1. P.M . He -,.ii�� ii�-i.a. V-99 P-M 4!'19I200 Res. No., 2004-42 FIRE MOU September 27, 2003 thFough SeptembeF24, 2004 September 25, 2004 - September 24, 2007 P o ' Rk_ D_ _ A WTZ MINN ft- VAS -26 1111 WOO r6-, w _ _one 4119/200 Res. No.. 240443 1 FIRE MOU September- 27, 2003 thrnr gh Con}ernbeF 24-2004 September 25, 2004 — September 24, 2007 �f. .. aaJ ... y....,.-.-....., 9a . �ti1i JM 0. w --TAZia T.P'.0L Ia M I aw Y w a _ 1 k 1 ra WWM.M I.T.Vrr - � a� J r � a • r a �� . a V :9$-27-11113100 5-14 ai�srzoo aa.r..rrr��t.a.r arir a.:�..airi iaaa :ra+�a��wr�r.r..ri�r rr, rr. �1 _ r r , . s ■ _GL1i77\TE�!ILTi��llhT[!:T-1 VA8 -28 91113:90 5A4 4/l9/200 Res. No.. 7984-43 FIRE MOU September r 2003 thFgugh Septemberr 2004 September 25, 2004 — September 24, 2007 ■m:r_zrz7iftlr,In. _. .. .... - hmg--.T*gig L -Me I � I I i I _• I 1 � i l • M. l,Jill��ti V 9 -29-11 is 3.100 - -A A WIR 4119/200 41 No ■ Vp I IF rP all tr No 4 AI tilo Res. No.. 2004-42 1 FIRE MOU September 27, 2003 through Septembeer24'2004 September 25, 2004 — September 24, 2007 Em ME to .. BOOM- 1 k I_ . r • i • + .1 A ■ . a • a . w a •MOMMIN a r • r . ! .. ■ i � � � � � � �cr1C+> 1+1��1��1�■ra � � .t+��+� ■ 1 1_ a r i w _ u w r r +• a r_ w • • • • . ! p r a e 5 - __' - , • w r w r • .. I all eff S ■ 1 ■ w w • ■ M.T.'M 912=0 - W tw mAmF' . r■1 r .! r a + a 1 1 S r• . r r • • . r • + r -!Will � ��. a r r i •. L r r •r • + • Y-98 -31 4119/200 Res. No.. 2084-43 I FIRE MOU September 25, 2004 — September 24, 2007 � a .r i r a� a.. ■•.. wa a ■ ■a. .■ \• f. r r r r. • a OWNi a • ON' . r . ■a • A a mop a w ■ 1 a i ■ � Y a • l w � ■ •• w A w . • . � • • . w . a NO a r a. a.•. rujfflpm.v w r a i • ■• w r f. a v :98 -33 .11.113.100 4/191200 Res. No- 2004-42 1 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE IX — RETIREMENT A. Benefits: 1. Public Employees' Retirement System: a.The City shall provide all safety employees with that certain retirement program commonly known and described as the "3%" at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth_ Level of the 1959 survivor option for all employees as established by the California Public Employees' Retirement SystemjSection _21382 of the California Government Code. a. If, at any time after the implementation of the 3% at„age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount _with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the Ci,y is required to contribute an amount equal to 8% of each employee's "compensation eamable " the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. b. The City shall contract with PERS to have retirement benefits calculated �g p , pursuant to based upon the employee's s highest one year's com ensation the provisions of Section 20024.2 (highest single year). c. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this_MOU d. The City shall amend its contract with PERS to include the Pre - Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association within the term of this agreement. 2. Self -Funded Supplemental Retirement Benefit: y 8 -34-11 4 3MO ram. 4 PM 41'191200 Res. No.. 200d 42 1 FIRE MOU September 25 2004 — September 24 2007 a. In the event a member elects Option #2 (Government Code Section 2_1333) or Option #3 (Government Code Section 21334) of the Public Employees' Retirement Law, the City shall ay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that members death, the City's obligation shall cease. The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for employees covered by this MOU. (Note: The options provide that the allowance is payable to the member until his/her death and then either the entire allowance (Option #2 or one-half (1/2) of the allowance (Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be deemed to restrict the City's right to contract with PERS for the benefits provided under this Article. b. Employees hired on or after October_4-1999, shall not be eligible for the "Supplemental Retirement Benefit" referenced in Article IX.A.2 above. 3_ Medical Insurance for Retirees: a. Upon retirement, whether service or disability, each employee shall_ have the following options in regards to medical insurance under _City sponsored plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or 2) Early retirees (under acre 65) may participate in the city -sponsored health plans currently being offered to active employees. 3) Retirees over age_65 may participate in the Past-65 Supplemental Medicare Coverage described in Article VIII.I. b. Retired employees exercising either of the options in ArticleIX.A.3.a may cause any premiums not paid by the City to be paid out of funds due and owed to them for unused sick leave benefits upon retirement, as provided in Article IX.A.3.a. However, whenever a retired employee does not have any such available funds, he/she shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining may, at the employee's option, be converted to a dollar figure, as provided in Article IX.A.3.a and an estimate shall be provided b the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The Ci shall noti# any retired employee whose funds available for unused sick leave benefits V .99 -354 4 l a 00 rd' 4 4 RAA 4/19/200 Res. No.. 2984-42 FIRE MOU SeptembeF 27, September 25, 2004 — September 24, 2007 are about to be exhausted of such fact, in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the City no later than three (3) months lq for to the date upon which there will not be sufficient funds to Pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one 1 month in advance to continue the group insurance in effect. If following exhaustion of sick leave funds a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his/her coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage, if such default_ has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have no further option to terminate such coverage following the .provision of thirty__(30) _days written notice to the City, whereupon any funds due and owed to him/her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thi 30 days following receil2t b the City of such notice. Once a retired employee elects to terminate such coverage, he/she shall_ be precluded from securing it at a later date at the group rate. B. _Public Employees' Retirement System Reimbursement and Reporting 1. Emplovee's Contribution — Subiect to the limitations contained in Article IX A 1.b each safetyemployee covered by this MOU shall continue to be _reimbursed nine percent (9%) of the employee's reportable compensation as the Cit,�yment toward the employee's contribution to the Public Employees' Retirement System (PERS). The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be credited to the employee's account with PERS. Should any ruling by either PERS or other State or Federal agency nullify the benefit authorized above the City and the Association agree to reopen negotiations regarding. wages and salaries. 2. Reporting of Base Sala — Provisions of the Level Pay plan,Article VII.0 shall be used for pumoses of reporting the bi-weekly pay of twenty-four (24) hour shift employees_ to the Public Employees' Retirement System (PERS1 C. Reinstatement Privileges for Disability Retirees — If a retiree seeks to cause PERS to revoke his_/her disability retirement on the grounds that he/she is no lopgerer V-98 -3614113100 ram. a PA 4/19/200 Res. No.. 2004-4-2 FIRE MOU Sptt.�7terrnber `7�2003 through September 24, 2004 September 25, 2004 -_September 24, 2007 incapacitated from performing the duties of the position held at the time of retirement the City will not certify that he/she is no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall_ immediately reinstate the_emploee at his/her former position and pay step. + .•-,ii.•-.�+=`�� i��i�fiii �ii� is l�iiin r ■i_ �_ - - � :.�"��a�i � � � � � � ..�■rraiwr rya ■•.ia.a a _ r. r. ■ • r• w .wiff•r. .+ =LIOA�lb- NO a■ a s a • ■ a ■. a r . - w r r . r w • • ■ rr .w • .•and wbed as +at age r r• ■ ■ r. . r• r ■ a a+ plan"• . • r • r * a • • r • ■ • r •■ + • • r . . • P.W.M. r G . r r r r • r i� ■ a+ +■ •- ■ r r • a■ r r r• • a - r r . r • yn99 -37-:91 11 alnn 5-1 a P j 4f 19/200 Il Res. No.. 2004-42 1 FIRE MOU September- 27,2003 thFough September 24,2 4 September 25, 2004 — September 24, 2007 r r• ♦ r ��53 u ■. rr r w .w r:. a .rr a r■ a+ m TG 0._ ■r + wr w• r ra r a . ar r. r "IF •■ ■+ a . s r r w a a r r r r r 1 r a w r ■+ ■ r • a a r. a r r r r a w •. S r w r w w • ■ w a. r a+ r r rr rr rr • r Mt- IMIAT r ara • a w r sir r r r r wMCI 1121INUM.-I.. r • r ■ • r •� ,� - r r, r rJ r Imia r • • �" w■ •■ ..raw r. .� a. •r a 0 www a ■ MUM w.air Willw • _ r.r r r w_ .• •. rr a +a lrawry �v a. a ■ ■ .■ a• a s .+ r ww a a a ■ r a rr rr.r a • �� .� r • r ra a++w • a r r+ w . r r .■r ar aj . Cr. r • A r r r r rM.X"Mra_ i r ra• • ■ + ++ a • a r w � r r V-99 -39 -I 1113►�0n `aa 1 PM 4l191200 Res. No.. 2004-42 FIRE MOU Septem-bei 27, 2003#hrough September 24 2004 September 25 2004 - September 24 2007 y ; � R A ANO i r i i i • I J i w • � w w • i Oil I moil . pow y • r • i A i i y — w aMR ARTICLE X - LEAVE BENEFITS A. Leave with Pay: 1. Vacation - The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual - Permanent, full time employees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty hour (40) or fifty- six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation v-98 -40 1„M UDO 6-1 A n�a 4/19/200 Res. No.. 2004-42 FIRE MOU September 25, 2004 — September 24, 2007 (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 - 56). Personnel who change from a fifty- six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates. For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty-six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty- six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief and -or his/her sworn designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department. vn98 -41 41143100 S A 4 PM 4119/200 Res. No.. 2004-4-2 FIRE MOU September 27, 2003 through September 24, 2004 September 25, 2004 - September 24, 2007 The Fire Department operates on a three -shift basis, with personnel being assigned to the "A, B or U Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/her absence. c. Conversion to Cash - On two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option. Vacation accumulated in excess of three hundred -forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation. d. Pay -Off at Termination - Except as provided in Section A.U. of this Article, no employee shall be paid for unused vacation other than upon termination of employment, at time terminating employee shall Feeeiye ur-�`irtti�h-tfi�fzrsattt—te�rrirT-rcrcrr-r c�,.�rrurr-rcccrvc GOrnpens-ation _aThislher n, rrent salary rate for all unused, earned vaGation to whiGh he/she is enfit'led up te and inGluding the effeGtive date of his/he termination - 2. Sick Leave: a. Accrual - The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their accrual rate by .7143. v .98 4211112/00 5A ohs 4/19/2005 Res. No.. 2984-42 1 FIRE MOU September 25, 2004 — September_24, 2007 b-.3. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate. And r All accrued vacation hours shall be paid at the converted rate. Sick leave shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent (25%) of unused, earned sick leave from four hundred - eighty (480) through seven hundred -twenty (720) hours, and for fifty percent (50%) of all unused, earned sick leave for hour; in excess of seven hundred - twenty (720) hours. Upon termination for industrial disability retirement, all employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate, and then shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred - eighty (480) hours, and for fifty percent (50%) of all unused, earned sick leave in excess of four hundred -eighty (480) hours. gib. Utilization in Coniunction with Industrial Disability Leave — Sick leave cannot be used to extend absences due to work related (industrial) injuries or illnesses. 3. . Leave Benefit Entitlements I As required by law, employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The cCity will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The GNe f may _a uFheFize are employee to GhaFgFge additir Rai rink leave fnr family siGk lea;e !R the event of seFie-us illness of an , where wamaRted by the GirGurnstanGes. _ The City shall comply with all state and federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off for serious and non -serious family or personal health issues. 4. Bereavement — 4/19/200 Res. No.. 2004,42 FIRE MOU September 27, 280-through SeptembeF 24, 2004 September 25, 2004 — September 24, 2007 Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty-four (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family_ Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepgrandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father- in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. 5. Association Business — During the term of this MOU, authorized representatives of the Association shall be entitled to receive up to a total of four hundred (400) collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. In addition, up to one hundred -fifty (150) unused hours may be carried forward to the next contract year. ARTICLE XI — CITY RULES A. Personnel Rules - The Git y and the Annr.niation must meet and rotifer d Fing the te-.rm The City and the Asseeiation agree to iMpleMBAt FUIe Ghanges and aGrerdingly re the Per-sgnnel Rules a edeGeribed in Exhibk D All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the Cit 's Personnel Rules.. __.__..__... B. Precedence of Agreement - In any case in which any provision of this Memorandum of Understanding is inconsistent with any City ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this MOU shall supersede and take precedence. C. Layoff Rules - The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. D. Q—. U date Employee Employer Relations Resolution — During the term of the agreement, the City and Association shall meet and confer to update the EERR to reflect state law. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall be held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. 41191200I Res. No.. 2004-42 FIRE MOU SepternbeF27, 2003 through September 24, 2004 September 25, 2004 — September 24, 2007 B. Living Quarters — The City shall provide necessary kitchen, living and sleeping quarters in several fire stations and shall continue to provide facilities for Association meetings. C. Paychecks: 1. Bi-Weekly Pay -- Salary shall be paid on a bi-weekly basis. By mutual consent of the City and the Association, early payment and other modifications may be made. 2. Paycheck Distribution -- Paychecks shall be ready and available for distribution to each employee by 0700 hours on each payday at the Station 1 — Gothard Fire Station, except in the case of unforeseen circumstances beyond the control of the City. A monthly paycheck stub or memorandum accompanying the paycheck shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also entail an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. 3. Vacation Paycheck — Each employee shall, at his/her option, by written notice to the City's Human Resources Manager, be given at least two (2) weeks prior to the commencement of said employee's scheduled vacation, be entitled to receive his/her earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. Class "B" Driver License — Employees required by the City to obtain a State of California Class °B" or Class "B" Firefighter Restrictive Driver License will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Class "B" Firefighter Restrictive Driver License. E. Fleet Management Program — Association agrees to the policies and procedures contained in the 1999 City Fleet Management Program. F. Deferred Compensation Loan Program — Employees may beta utilizeing tW&- the Deferred Compensation Loan p. rogram, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation but the employee must request the transfer no later than the Pa period prior to the employee's last day of employment. Y-98 -45-1-.�111 2100 5- A " PM 411912005 Res. No.. 2004-42 FIRE MOU September 25, 2004 --- September 24,.2007 ARTICLE XIII — MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with respect to the management and direction of the performance of fire services and the work forces performing such services. Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including work and safety rules and regulations, in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XIV — TERM OF MOU This Memorandum of Understanding shall be in effect commencing on September 257-, 20043 and ending at midnight on September 24, 2007 This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. VAS -46-1114300 5:14 PM 4119I200 Res. No.. 2004-42 FIRE MOU September 27, 2003 through September 24, 2004 September 25, 2004 — September 24, 2007 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 20054. CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH FIREFIGHTER'S ASSN. Irma Youssefieh HBFA President Human Resources Manager Jacques Pelletier Division Chief/Operations By: By: Clay MaFtin Charles Thomas ebeFt L.Gtenn Director of Administrative Services Donald Boland Vice -President By: By: Bruce A. Barsook, Renee Mayne Stephen H. Silver Chief Negotiator Chief Negotiator VAS -47 411912005 85 Res. No— 300" f FIRE MOU September27, 2003 thmugh SeptembeF24 , 2004 September 25, 2004 — September 24, 2007 APPROVED AS TO FORM Jennifer McGrath City Attorney VAS -4g 4/191200 Res. No. 2004-42 EXHIBIT A CITY OF HUNTINGTON BEACH EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2004-2007 Firefiahter MOU 3-08-05 v.4. -49- Res. No. 2004-42 EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE ©!lJlrl.i�ll ll-Jl�.II-�:■\+�2�.1i � -�® ' • '� 'a ; ' =now h-.11 M��Mm MM MMM i : • .. - _� • J i J • �� J 2004-2007 Firefimhter MDU 3-08-05 vA -50- EXHIBIT C--B - Continued 4% 4% Effective September 25,_2004 40-Hour Rate (2004 Hourly) Res. No. 2004-42 1 Job Code Classification Range A B C D E 0229 Firefighter 483 $24.26 $25.59 $27.00 $28.48 $30.05 0160 Fire Engineer 514 $28.30 $29.86 $31.50 $33.23 $35.06 0226 Firefighter Paramedic 514 $28.30 $29.86 $31.50 $33.23 $35.06 0227 Fire Protection Specialist 523 1 $29.611 $31.241 $32.961 $34.771 $36.68 0101 Fire Captain 538 1 $31.911 $33.671 $35.521 $37.471 $39.53 0100 Deputy Fire Marshal 560 1 $35.611 $37.571 $39.641 $41.82 $44.12 40-Hour Rate (2004 Bl-weekly) Job Code Classification Range A B C D E 0229 Firefighter 483 $1,940.80 $2,047.54 $2,160.16 $2,278.40 $2,403.71 0160 Fire Engineer 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0226 Firefighter Paramedic 514 $2,264.00 $2,388.52 $2,519.89 $2,658A8 $2,804.70 0227 Fire Protection Specialist 523 $2,368.80 $2,499.08 $2,636.53 $2,781.54 $2,934.53 0101 Fire Captain 538 $2,552.80 $2,693.20 $2,841.33 $2,997.60 $3,162.47 0100 Deputy Fire Marshal 560 $2,848.80 $3,005.48 $3,171.20 $3,345.62 $3,529.62 40-Hour Rate (2004 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 483 $4,205.07 $4,436.35 $4,680.34 $4,936.53 $5,208.04 0160 Fire Engineer 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0226 Firefighter Paramedic 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0227 lFire Protection Specialist 523 $5,132.401 $5,414.681 $5,712.49 $6,026-681 $6,358.14 0101 Fire Captain 538 $5,531.071 $5,835.281 $6,156.221 $6,494.811 $6,852.02 0100 Deputy Fire Marshal 560 $6,172.401 $6,511.881 $6,870.931 $7,248.831 $7,647.52 vA9 n s #4 PR4 4119I200 EXHIBIT C^B - Continued 56-Hour Rate (2004 Hourly) Res. No. 2004-42 1 Job Code Classification Range A B C D E 0229 Firefighter 483 $17.33 $18.28 $19.29 $20.34 $21.46 0160 Fire Engineer 514 $20.21 i $21.33 $22.50 $23.74 $25.04 0226 Firefighter Paramedic 514 $20.21 $21.33 $22.50 $23.74 $25.04 0227 Fire Protection Specialist 523 $21.151 $22.311 $23.54 $24.84 $26.20 0101 Fire Captain 538 $22.791 $24.051 $25.37 $26.76 $28.24 0100 Deputy Fire Marshal 560 $25.441 $26.831 $28.31 $29.87 $31.51 56-Hour Rate 2004 Bi-weekly) Job Code Classification Range A B C D IE 0229 Firefighter 483 $1,940.80 $2,047.54 $2,160.16 $2,278.40 $2,403-71 0160 Fire Eggineer 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0226 Firefighter Paramedic 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0227 Fire Protection Specialist 523 1 $2,368.80 $2,499-081 $2,636.531 $2,781.541 $2,934.53 0101 Fire Captain 538 1 $2,552.801 $2,693.201 $2,841.331 $2,997.601 $3,162.47 0100 Deputy Fire Marshal 560 1 $2,848.801 $3,005.481 $3,171.201 $3,345.621 $3,529.62 56-Hour Rate (2D04 Monthly] Job Code Classification Range A B C D E 0229 Firefighter 483 $4,205.07 $4,436.35 $4,680.34 $4,936.53 $5,208.04 0160 Fire Engineer 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0226 Firefighter Paramedic 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0227 Fire Protection Specialist 523 $5,132.401 $5,414.68 $5,712.49 $6,026.68 $6,358.14 0101 Fire Captain 538 $5,531.07 $5,835.28 $6,156.22 $6,494.81 $6,852.02 0100 Deputy Fire Marshal 560 $6,172.401 $6,511.88 $6,870.93 $7,248.83 $7,647-52 v —98 -52 1102100 6A 4/ 19l200 EXHIBIT C-B - Continued 4% Effective September 24 2005 40-Hour Rate 2005 Hourly) Res, No. 2004-42 1 Job Code Classification Range A B C D E 0229 Firefighter 491 $25.24 $26.63 $28.09 $29.63 $31.26 0160 Fire Engineer 522 $29.47 $31.09 $32.80 $34.60 $36.50 0226 Firefighter Paramedic 522 $29.47 $31.09 $32.80 $34.60i $36.50 0227 Fire Protection Specialist 531 $30.82 $32.51 $34.301 $36.19 $38.18 0101 Fire Captain 546 $33.20 $35.03 $36.961 $38.99 $41.13 0100 Deputy Fire Marshal 568 $37.07 $39.11 $41.261 $43.53 $45.92 40-Hour Rate (2005 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 491 $2,019.20 $2,130.26 $2,247.42 $2,370.40 $2,500.77 0160 Fire Engineer 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0226 Firefighter Paramedic 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0227 Fire Protection Specialist 531 $2,465.60 $2,600.80 $2,743.84 $2,895.20 $3,054.44 0101 Fire Captain 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0100 Deputy Fire Marshal 568 $2,965.60 $3,128.71 $3,300.79 $3,482.33 $3,673.86 40-Hour Rate (2005 Monthly Job Code Classification Range A B C D E 0229 Firefighter 491 $4,374.93 $4,615.55 $4,869.41 $5,135.87 $5,418.34 0160 Fire Engineer 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0226 Firefighter Paramedic 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0227 Fire Protection Specialist 531 $5,342.13 $5,635.07 $5,945.00 $6,272.93 $6,617.94 0101 Fire Captain 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0100 Deputy Fire Marshal 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05 $7,960.03 v 8 -53 11113100 — 514 WIR 4/181200 EXHIBIT C--B - Continued 56-Hour Rate (2005 Hourly) Res. No. 2004-42 ! I Job Code Classification Range A B C D E 0229 firefighter 491 $18.03 $19.02 $20.07 $21.16 $22.33 0160 Fire Engineer 522 $21.05 $22.21 $23.43 $24.72 $26.07 0226 Firefighter Paramedic 522 $21.05 $22.21 $23.43 $24.72 $26.07 0227 Fire Protection Specialist 531 $22.01 $23.22 $24.50 $25.85 $27.27 0101 Fire Captain 546 $23.71 $25.02 $26.40 $27.85 $29.38 0100 Deputy Fire Marshal 568 1 $26.48 $27.931 $29.47 $31.09 $32.80 56-Hour Rate (2005 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 491 $2,019.20 $2,130.26 $2,247.42 $2,370.40 $2,500.77 0160 Fire Engineer 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0226 Firefighter Paramedic 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0227 Fire Protection Specialist 531 $2,465.60 $2,600.80 $2,743.84 $2,895.20 $3,054.44 0101 Fire Captain 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0100 DeptAy Fire Marshal 568 $2,965.60 $3,128.71 $3,300.79 $3,482.33 $3,673.86 56-Hour Rate (2005 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 491 $4,374.93 $4,615.55 $4,869.41 $5,135.87 $5,418.34 0160 Fire Engineer 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0226 Firefighter Paramedic 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0227 Fire Protection Specialist 531 $5,342.13 $5,635.07 $5,945.00 $6,272.93 $6,617.94 0101 Fire Captain 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0100 Deputy Fire Marshal 568 $6,425.47 $6.778.87 $7,151.71 $7,545.05 $7,960.03 VAS -54 MUM 4/19/2005 Res. No. 200442 EXHIBIT C-B - Continued 2% Effective September 23, 2006 40-Hour Rate (2006 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 495 $25.75 $27.17 $28.66 $30.24 $31.90 0160 Fire Engineer 526 $30.06 $31.71 $33.45 $35.29 $37.23 0226 Firefighter Paramedic 526 $30.06 $31.71 $33.45 $35.29 $37.23 0227 Fire Protection Specialist 535 $31.44 $33.17 $34.99 $36.91 $38.94 0101 Fire Captain 550 $33.88 $35.74 $37.711 $39.781 $41.97 0100 Deputy Fire Marshal 572 $37.82 $39.90 $42.091 $44.40 $46.84 40-Hour Rate (2006 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefi hter 495 $2,060.00 $2,173.30 $2,292.83 $2,418.94 $2,551.98 0160 Fire Engineer 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0226 Firefighter Paramedic 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0227 Fire Protection Specialist 535 1 $2,515.20 $2,653.541 $2,799.481 $2,952.80 $3,115.20 0101 Fire Captain 550 1 $2,710.401 $2,859.471 $3,016.741 $3,182.66 $3,357.71 0100 Deputy Fire Marshal 572 1 $3,025,601 $3,192.011 $3,367.571 $3,552.00 $3,747.36 40-Hour Rate (2006 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 495 $4,463.33 $4,708.82 $4,967.80 $5,241.03 $5,529.29 0160 Fire Engineer 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0226 Firefighter Paramedic 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0227 Fire Protection Specialist 535 5,449.601 $5,749.331 $6,065.541 $6,397.73 $6,749.61 0101 Fire Captain 550 1 $5,872.531 $6,195.521 $6,536.281 $6,895.771 $75275.04 0100 Deputy Fire Marshal 572 1 $6,555.471 $6,916.021 $7,296.401 $7,696.001 $8,119.28 4/191200� Res. No. 2004-42 EXHIBIT C�B - Continued 56-Hour Rate 2006 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 495 $18.39 $19.40 $20.47 $21.60 $22.79 0160 Fire Engineer 526 $21.47 $22.65 $23.89 $25.21 $26.59 0226 Firefighter Paramedic 526 $21.47 $22.65 $23.89 $25.21 $26.59 0227 Fire Protection Specialist 535 $22.46 $23.69 $25.00 $26.36 $27.81 0101 Fire Captain 550 $24.20 $25.531 $26.94 $28.42 $29.98 0100 Deputy Fire Marshal 572 1 $27.01 $28-501 $30.07 $31.71 $33.46 56-Hour Rate (2006 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 495 $2,060.00 $2,173.30 $2,292.83 $2,418.94 $2,551.98 0160 Fire Engineer 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0226 Firefighter Paramedic 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.46 0227 Fire Protection Specialist 535 $2,515.20 $2,653.54 $2,799.48 $2,952.801 $3,115.20 0101 Fire Captain 550 $2,710.40 $2,859.47 $3,016.74 $3,182.66 $3,357.71 0100 DeptAy Fire Marshal 572 $3,025.60 $3,192.01 $3,367.57 $3,552.00 $3,747.36 56-Hour Rate 2006 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 495 $4,463.33 $4,708.82 $4,967.80 $5,241.03 $5,529.29 0160 Fire E ineer 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0226 Firefighter Paramedic 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0227 Fire Protection Specialist 535 $5,449.60 $5,749.33 $6,065.54 $6,397.73 $6,749.61 0101 Fire Captain 550 $5,872.53 $6,195.52 $6,536.28 $6,895.77 $7,275.04 0100 Deputy Fire Marshal 572 $6,555.47 $6,916.02 $7,296.40 $7,696.00 $8,119.28 v .98 RAA 4/19I2oo 40-Hour Rate (2007 Hourly) Job Code Classification EXHIBIT C--B - Continued 2% Effective March 24, 2007 Range A B Res. No. 2004-42 1 C D E 0229 Firefighter 499 $26.27 $27.71 $29.23N30. $32.54 0160 Fire Engineer 530 $30.66 $32.35 $34.13 $37.990226 Firefi titer Paramedic 530 $30.66 $32.35 $34.13 $37.99 0227 Fire Protection S ecialist 539 $32.08 $33.84 $35.70 $39.73 0101 Fire Captain 554 1 $34.55 $36.45 $38.46 $40.581 $42.81 0100 De ut Fire Marshal 1 576 1 $38.58 $40.701 $42.941 $45.30 $47.79 40-Hour Rate (2007 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 499 $2,101.60 $2,217.19 $2,338.40 $2,467.01 $2,603.20 0160 Fire Engineer 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0226 Firefighter Paramedic 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0227 IFire Protection Specialist 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0101 1 Fire Captain 554 $2,764.00 $2,916.02 $3,076.40 $3,246.401 $3,424.95 0100 1 Deputy Fire Marshal 576 $3,086.40 $3,256.15 $3,435.24 $3,624.181 $3,823.51 40-Hour Rate (2007 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 499 $4,553.47 $4,803.91 $5,066.53 $5,345.19 $5,640.27 0160 Fire Engineer 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0226 Firefighter Paramedic 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0227 Fire Protection Specialist 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0101 Fire Captain 554 $5,988.67 $6,318.04 $6,665.54 $7,033.87 $7,420.73 0100 Deputy Fire Marshal 576 $6,687.20 $7,055.00 $7,443.02 $7,852.39 $8,284.27 v-99 -57 1 IM 3- rnn 5:4" WIA 411 912Q0 EXHIBIT C-B - Continued 56-Hour Rate (2007 Hourly} Res. No. 2004-42 1 Job Code Classification Range A B C D E 0229 Firefighter 499 $18.76 $19.80 $20.88 $22.03 $23.24 0160 Fire Engineer 530 $21.90 $23.10 $24.38 $25.72 $27.14 0226 Firefi titer Paramedic 530 $21.90 $23.10 $24.38 $25.72 $27.14 0227 Fire Protection Specialist 539 $22.91 $24.17 $25.50 $26.901 $28.38 0101 Fire Captain 554 $24.68 $26.04 $27.47 $28.991 $30.58 0100 Deputy Fire Marshal 576 $27.56 $29.07 $30.67 $32.361 $34.14 56-Hour Rate 2007 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 499 $2,101.60 $2,217.19 $2,338.40 $2,467.01 $2,603.20 0160 Fire Engineer 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0226 Firefighter Paramedic 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0227 IFire Protection Specialist 539 $2,566.401 $2,707.551 $2,856.001 $3,013.08 $3,178.80 0101 1 Fire Captain 554 $2,764.001 $2,916.021 $3,076.401 $3,246.401 $3,424.95 0100 1 Deputy Fire Marshal 576 $3,086.401 $3,256.151 $3,435.241 $3,624.18 $3,823.51 56-Hour Rate (2007 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 499 $4,553.47 $4,803.91 $5,066.53 $5,345.19 $5,640.27 0160 Fire Engineer 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0226 Firefighter Paramedic 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0227 Fire Protection Specialist 539 $5,560.531 $5,866.361 $6,188.001 $6,528.34 $6,887.40 0101 Fire Captain 554 $5,988.67 $6,318.04 $6,665.54 $7,033.87 $7,420.73 0100 DePLAY Fire Marshal 576 $6,687.20 $7,055-001 $7,443.021 $7,852.39 $8.284.27 4I191200 [2 +,moo Res. No. 2004-42 EXHIBIT C--B - Continued EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in -the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this plan, provided: A. At the time of retirement the employee has a minimum of ten (1 a) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the Cit 's Personnel Rules; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by California Public_ Employees' Retirement System. The City s obligation to pay the monthly premium, as indicated, shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: • r r r. r • r w w . •a r r a• �l��rlV�aia�a� � � •.��+S Var•Y ri ��' • r . r a • • • • . r ! ■ . • .• • • . r Diu-i^ �� r�rr�rcati •• �a�a�i� Q • :a*� .. �..-s :•i s.a �.�s: . �. 14� • r . a r • - r ♦ • • • • . • • • • K.W.. a • • r ■. . . • !! r A ! • r i . � r • ■ •• J�.•rr r�u.ai ra .�- ■ • r 2-.1 On the first of the month in which a retiree or dependent reaches aae 65 or on the date the retiree or dependent can first apply and become eligible, automatically_ oryouluntarily, for medical coveracLe under Medicare (whether or not such application is made), the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 66_under the City's sponsored medical insurance plans shall be governed by applicable plan document. 32. In the event of the death of anv emolovee. whether retired or not. the amount of the retiree_ medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired at the time of death, shall be_ipaid on behalf of the spouse or dependent(s) fora period not to exceed twelve 12 months. v :99 -59 11 M 3.,_, o, rovi�_ 514 PM 41191200 EXHIBIT C--B - Continued Res. No. 200442 I D. Industrial Disability Retirees Industrial_ disability retirees with less than ten (10) continuous years of regular (permanent service shall receive a maximum monthly payment toward the premium for health insurance of V 21. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of remium for employee E. _Maximum Monthly Subsidy Payments The payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shalt not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior, to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum_ Monthly Payment for Retirees After: Years of Service 10 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 v=96 - 6 0 111' 2-1n0 6:1 4 PM 4119120D 00-5 Res. No. 2004-42 EXHIBIT C-B - Continued F. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month followin retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment The City shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual ears of completed continuous regular(permanent) service with the City of Huntington Beach immediately prior to retirement_ 4. When a retiree is eligible for medical elan coverage at the expense of another employer due topost-retirement employment of the retiree or spouse of the retiree, the retiree and his/her souse must take that coverage regardless of benefit level and shall be deleted from any City sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical insurance plan coverage if there is significant disparity between the benefits provided by the "other" medical insurance plan and the city sponsored health insurance plan as defined below. "Significant dis grit " means coverage available under the "other" medical plan is restrictive or limited in one or more of the following_ ways: 1) No in -patient hospitalization coverage. 2) No major medical benefits. T 3) Annual deductible is greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The Citv Administrator or designee will have the authority to erovide additional exceptions following review of the "other' medical insurance plan policy. Exceptions will be made only if the `other" medical plan benefit provisions are comparable to the -guidelines under {F.4.a.) above. V 90 -67 4119/2005 Res. No. 2004-42 EXHIBIT C-B - Continued c. Miscellaneous Provisions: 1) Benefits provided under the city -sponsored medical insurance plan will be coordinated with the `other" medical insurance Ian as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the "other" medical insurance plan policy for review by the City Administrator or designee. 5. When a retiree under age 65 becomes eliciible for the other group coverac ie and then becomes no longer eligible, he/she may have the Retiree Subsidy Medical-- Plan reinstated for the purchase of city sponsored health insurance. 6._ Dependents of a retiree under age 65 may follow-him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is ender 65 and his/her spouse is over 65, the spouse is not covered. G. Premium oavments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. H. Subsidies: 1. The subsidy payments will pay „for: a. City sponsored health insurance plans for eligible_ retirees. b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay -for- a. Res. No. 2004-42 EXHIBIT C-B - Continued b. Any other city sponsored benefit plan. c. Any other commercially available benefit plan. c. Medicare supplements Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eliaible for Medicare at -age 65 but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over and neither is eligible for paid Part A of Medicare the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at aae 65 is eliaible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her sp ouse who is also age 65 is eligible for paid Part A of Medicare the subsid shall be for the retiree's Part A only. F. f. F. Medicare: 1. All Dersons are eliaible for Medicare coveraae at aae 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited_ quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 65 or over and neither is eligible for paid Part A of Medicare, the subsdy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. v .9$-63-1117 2rnn s-i 4 phm 4/19/200 Res. No. 200442 EXHIBIT C-B - Continued JG_ Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coveraae for a retiree under the Retiree Subsidv Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. b. When one of the following._ occurs, dependent coverage willbe eliminated: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. Premium payments are to be received at least one month in advance of the coverage period. _ 3. A retiree who fails to pay gremiums due for coverage and is in arrears for sixty (60) days shall be terminated from the_pl_a_nand shall not have reinstatement rights._ L AVWI i . i w MIMI IN■ - 1222221 ■ L Lem♦ . ■ -10011 7— V7798 -64 4r191200 Res. No. 200442 EXHIBIT C�B - Continued -1-0 $-434 44 436 42 4 54 43 4N 4-4 484 45 496 46 244 47 22-6 48 244- 49 21%r 39 274 24 22 3w 2-3 345 -24 330 2,5 344 w _ w VAS -66-11113100 5-1.4 PRA 4I79/200 �E2Q9 i Res. No. 2004-42 EXHIBIT C-B - Continued Annual dedurfible is gFeater than OF equal to $1,000 pe • ! ! ! ! fa . ON ! I n LLTI 1'1 . M • a • .Imma '1110110, Will' ♦ - ! ! a ! i:rrfia 1 t .IM Y .. V-99 -67-11 11 n inn 4I191200 Res. No. 2004-42 EXHIBIT G-B - Continued i l w•IMMSA-1 l+ r • 1 + - I + - 0 1 l 7 - r ♦ r r,MMw=".Ml ♦ Mm W I Offia IN VAS -6$ 411919/2OO5 Res. No. 2004-42 EXHIBIT C--B - Continued ........ .. , m .. • . i 1 .. . . . • ` - . i VAS -69 iiMWOO 51" PM 4l1912DD Res. No. 2004-42 f a M I-y. IN + i1 NNN_IN + + •. a _ _ _ _MW _ ■ a ■ ■ _ I. i 5 ■ ■ M 4 • _ _ a IN . 1 r . ININ _ ■ ♦ . i h �_ •Ml.+ w • h + M w 2004-2007 Firefiahter MOU 3-08-05 v.4. -70- 1125/2005 ,a.en PM Res. No. 200442 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued ■ . r . • r • + r ■ . • .. ■ .... . • . gagg • + • • . . • r • - — r + . r • • • . r a . . ■ 02, • • • . . a . a MY"- .r1l, MW-a • • • • • • • • • ■ a . ■ 17•i � _i El OF tJ lea 1 . • ■ • ► a a ■ . • . •• �. • a • • VA9 -71 11M31005-14 RAA 4I19120053-122120052124120nzar��r�nnK�r� sr�nn� Res. No. 2004-42 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued • a _ U201. a _ i w . • _ . .." w i a ■_ !. .w.. • . . • = Jim— 17:1111�' _l!ii A-- ----- ■ ■ _ IN f 1 a • . . . A + 1ME a a • • • + w • .mimm a I r2q�. MTO A R + M + A + industrial AeGidemt-1 eave nampensation shall begin on the first day an eligible employee ia absent due to a qualifying 4�ury or- illness as defined above. WIIAW V-99—72-1111 3100 544 PR4 4I191200 Res. No. 2004-42 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued r . • a w • • • .. Aw- 1 a r r -tee: a • w IN.Y. A A1 r + ■ .• a + . • • • • ■ + • . a . . • r . A w imr.■ •. ■ - • rr r • r a ■ . r ■ . ■ . r a r ■ r r • . . . • + • ■ a + ■ .M. ■ 11 w •.•.. ■ • • • r. •• a •. • .1aft . . +■ r ft-r •. a+r . ■•. • ■. r. a VAS -73 1111 atnn 5:14 4I1$i204 Res. No. 2004-42 EXHIBIT CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued fMmi _Ilk_ w • • w w - ■ a � *=ti�71-7ZSa�LtT_ ".T�_�lRi3ETL�f�f a w a w . ■ — 1 1 i. ..Ile r . ■ . • . w a• . . w w 1 . w a OWN- a . I.y a a VAS -74 1114 3100 64" PAA 4119/200 Res. No. 2004-42 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued Al— • •■ • r + r + . ■ . Mc r • . w • WIN a ■Av raw . ■ + •-00 a • • . • lo r r • . •. r ■ ■ . r • . .■ WON -0. • • r N • . • . wl, . • _ a■ ■ • ■ ■ r . a • w • _ • r • • • • . r r i r r r w v 8 -7rJ 4119I200 Res. No. 2004-42 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued a •• lk�MM .�-.m.�r. �s.y. i i ■ 21MEMWIMMIr � f • r r v :98-76-11113100 --._.. - -- 5A 4 PM 414 91200 Res. No. 2004-42 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES - Continued r• r a r • a a a s - •/ - r •. a u u r• • . r ■ •"INNIM • . • . r a • a •. / a •• a • • a r •• a r a a y: 9$ - 7 7 - I I I -rnn r5.. PM 41 1 912U4 Res. No 200442 2004-2007 Firefighter MOU 3-08-05 v.4. -78- 1125A2005 12.5e PM Res. No. 2004-42 EXHIBIT E CITY OF HUNTINGTON BEACH TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E44 of the Huntington Beach Firefighter's Association MOU: Article V, Section E-34-Tiller Certification a. Tiller Certification -- The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the method and requirements for Tiller Certification. b. Class B Firefighter Restrictive License. —.State Department Of Motor Vehicles established. G. Light Air Unit — The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the safe operation of the unit but do not actually "certify." We are developing a training program for the unit that will consist of a short written test to identify the safety and operational aspects the lighting and air system. The program will formalize the current existing training program that has been in use and assure that firefighting personnel are properly trained. Since Firefighters may not be assigned to the unit regularly, we will also establish a refresher class each year to maintain their capabilities. Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit. Since we do not have a formalized training program for the unit at the present time, all Firefighters will be grandfathered into meeting the requirements until the training program is finalized. This process will provide the following options for compensation: If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September 5, 1998, they will receive the identified compensation effective that date. Upon implementation of a formal certification program for the Light Air Unit, these Firefighters will be required to become certified in light air operation. • If, after September 5, 1998, and until the training program for the Light Air Unit is developed and implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers License, they will be eligible for compensation following application. Upon implementation of a formal certification program for the Light Air Unit, these Firefighters will be required to become certified in light air operation. • For Firefighters requesting compensation after the training program for the Light Air Unit is formalized, they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be certified in light air operations. They will be eligible for compensation following application. Notel If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999. VAS -79-1 1'„ 3i00 5: 14 PAR 4119/200 Res. No. 2004-42 This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBFA agree that the City shall not provide a City -sponsored LTD Insurance Program for employees represented by HBFA. 2_ HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees_ 5. City payment to HBFA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a) A copy of the most current audited financial statements. b) A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries"; c) A copy of the in -force re -insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. VAS 5A4 Phi 4/19/200 Res. No. 2004-42 EXHIBIT G 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE — CURRENT EXCEPTION 40-HOUR FIRE PROTECTION SPECIALIST Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee's 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours — 24 hours = 1376 hours remaining. 2004-2007 Firefighter MOU 3-08-05 v.4. -81- Res. No. 2004-42 EXHIBIT G - Continued 56140-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) 40-HOUR FIRE PROTECTION SPECIALIST Remains the same FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER PARAMEDIC ACCRUAL RATE Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection Specialist. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period. 2004-2007 Firefighter MOU 3-0$-05 v.4. -82- 11264005 12.69 PM Res. No. 2004-42 EXHIBIT H POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES 2004-2007 Firefighter MOU 3-08-05 vA -83- 2004-2007 Firefighter MQU 3-08-05 v.4. -84- ATTACHMENT #5 Memorandum of Understanding between The Huntington Beach Firefighter's Association and The City of Huntington Beach September 25, 2004 through September 24, 2007 Fire MOU TABLE OF CONTENTS ARTICLE I - REPRESENTATIONAL UNITICLASSIFICATIONS.................................................................................1 ARTICLE 11— EXISTING CONDITIONS OF EMPLOYMENT.......................................................................................1 ARTICLE III - SEVERABILITY......................................................................................................................................2 ARTICLE IV — SALARY SCHEDULES............................................................ A. WAGE INCREASES............................................................................................................................ 2 B. SALARY STUDY.................................................................................................................................2 ARTICLE V — SPECIAL PAY........................................................................................................................................3 A. EDUCATION....................................................................•---.......3 1. Incentive Plan ................... ........................ ..................................................................... ................................... 3 a. Level I ---------------------------------- ---- -- ........... b_ Level 11-------------------------------------.._..------------••-------------........................--... c_ Degree Majors......................................................... ................ .-------------------------------------------------------------- 4 d. Education Committee.--•-•----•••---......--•••-----•--•--•---------------------------------------------------------------------------------------4 e. Effective Date...................................................................------------------------------------ .................................. 4 f. Previous Benefits.. . .................................................................................................................................. 4 B. ACTING ASSIGNMENTS .....................................................................••-•............... 4 C. ADMINISTRATIVE APPOINTMENTS ..................................... .... 4 1. Administrative Appointments.....................•---------•-................................--------------------------------•---..._......_............4 2. Pay Upon Completion of Administrative Appointment......................................................................................5 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES................................................................................. 5 E. SPECIAL CERTIFICATION/SKILL PAY.................................................................................................. 1. State Board of Fire Service Certification..........................................................................................................5 2. Paramedic Re-certification...............................................................................................................................5 3. Preceptors......................................................................................•-----.........................................................--_6 4. Firefighter Tiller Certification ............................................................................................................................. 6 a. Tiller Certification-----------....------•----•................................. b. Class B Driver License ... ......................................... ................................................................................ 6 C. Light Air Unit---------•............................................................•-.6 5. Hazardous Materials Team Responder...........................................................................................................6 6. Bilingual Skill ------------------- _......---.......--..................-•----------------------....---------........---7 7. Fire Protection Specialist ....................................................................................................... -------------------------7 8. Level II Investigator.........---••--•--•-•---------...._..............................._..._._.__....------------------._.....................................7 F. HOLIDAY PAY-IN-LIEU........................................•--•-----------......_.............. 8 G. LONGEVITY PAY................................................................................................................................ 9 H. REPORTABLE TO PERS.................................................•---••----.......................................................... 9 ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.........................................................................9 A. UNIFORMS PROVIDED BY CITY............................................. ....... ....................................................... 9 B. UNIFORM ALLOWANCE/FITNESS......................................................................................................... 9 C. UNIFORM CARE AND REPLACEMENT.............................................................................................. 9 D. UNIFORM POLICIES AND ADVISORY COMMITTEE..................••--......................................................... 10 E. REPORTABLE TO PERS..................................................................................................... -_.... 10 ARTICLE VII — HOURS OF WORKIOVERTIME........................................................................................................10 A. WORK SCHEDULE...........................................................................................................................10 B_ HOURS OF WORK - DEFINED........................................................................................................... 11 C. LEVEL PAY PLAN............................................................................................................................. 11 1. Twenty-four (24) Hour Shift Personnel ................................................ ........11 3. Lost Time Defined........................................................... ------......................................................................... 12 4_ Forty (40) Hour Work Week...........................................................................................................................12 HBFA FINAL MOU v.3 -ii- 414912005 Fire MOU TABLE OF CONTENTS 5. 4110 Work Schedule Defined ............................................................... ................................ ........................... 12 D. OVERTIME/COMPENSATORY TIME.................................................................................................... 12 1. Paid Overtime ........................ 2 2. Compensatory Time--------------------------------------------------------------------------------•-•-•--•----.------•-•--••_13 a. Non-Exempt.................................................................................................... ................................. 13 b. Staff Personnel............................................................. ......-•--- -_13 c_ Compensatory Time Paid Off......................................•--•---------------...................--------....13 3- Callback......................................................................................................... ...............................................13 4. Mandatory Standby ............................... -........................................................... .--------- .................................... 14 ----•...................•----...................--........................................14 6. Required Training Attendance_........................................•--•........................................ -----...........................14 7. Cancellation of Overtime ................................................................................................................................ 14 $. Court Time ........................................... ........................................................................................................... 14 9_ Pay Out of Rank---------------•..................-----•--................._...................--------...................•................................. 15 E. JURY DUTY ........................ -.................... -....................................................................................... 15 F_ SHIFT EXCHANGEIRELIEF........... •.......................................... ....................................... .................. 15 G. ASSIGNED SHIFT POLICY ................................................ H. MINIMUM STAFFING AND FILLING VACANCIES.................................................................................... 15 1 _ Minimum Stang Levels ............................................... ................................................................................. 15 ARTICLE Vill — HEALTH ARID OTHER INSURANCE BENEFITS.............................................................................16 A. HEALTH INSURANCE..............................................••--•------.....•......................................................... 16 B. ELIGIBILITY CRITERIA AND COST....................................................•--•-----..................-----.................. 16 1. City Paid Medical Insurance — Employee and Dependents............................................................................16 2. Employer Contributions to Health and Other Insurance Benefits...................................................................16 C_ FUTURE PREMIUMS ........................... ----•--....................................................... .------------------ ... 17 D. PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT (PMHCA) OPTION .•..• ................................. 17 E. MEDICAL CASH-OUT....................................................................................................................... 17 F_ SECTION 125 PLAN.................................................------........-•----._...------...................._....._.._........... 17 G. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT........................................................................ 17 1. Life................•........_...............--------......................................---------................................._....._.__..__17 2. Accidental Death and Dismemberment. .................................................................... ..................................... 17 H. LONG TERM DISABILITY ................................................................................................................... 17 I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN.............................................................................................................................................. 18 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE............................................................................. 18 K. MISCELLANEOUS ...................... ...............19 L. VOLUNTARY HEALTH SAVINGS ACCOUNT.......................................................................................... 19 ARTICLEIX — RETIREMENT. ................................................................................................................................... .19 A. BENEFITS ....................................... .................................. ......._ ....... 19 1. Public Employees' Retirement System...........................................................................................................19 2_ Self -Funded Supplemental Retirement Benefit..............................................................................................20 3. Medical Insurance for Retirees......................................................................................................... ............20 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING .................................. 22 1. Employee's Contribution .............................. ................................................................................................... 22 2_ Reporting of Base Salary .......................................................•---•----------.....................----------_--- .............22 C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES................................................................... 22 ARTICLE X — LEAVE BENEFITS ............................. ...................22 ............................................................................... A. LEAVE WITH PAY.............................................................................................................................22 1. Vacation ........................ ........................................................ ---.--..............................--••-----------.....................22 a_ Accrual.............................................................. ......22 b. Eligibility and Permission........----------------------------..............................---------------.........................---..........23 C. Conversion to Cash...................................••-------•--.................................----------....................................24 HBFA FINAL MOU v.3 -iii- 4/19/2005 Fire MOU TABLE OF CONTENTS d. Pay -Off at Termination ................................. .................................................................... ...................... 24 2. Sick Leave ................................................ .......................................... ................... ......................................... 24 a. Accrual....................................................................................................................................... ....24 b. Pay -Off at Termination...........................................................................................................................24 C. Utilization in Conjunction with Industrial Disability Leave ............ .................. •......................... ...._.--------- 25 3. Leave Benefit Entitlements ................................................................................................................ ------------25 4. Bereavement---------------•.•-------...------------------..........------------------------------.._..........-- ---•--_---_---....-.-25 5- Association Business ................ ...........................•---................------------------------...............------------------------........25 ARTICLE XI — CITY RULES ...... .................. ............................................................................................................... 26 A. PERSONNEL RULES......................................................................................................................... 26 B. PRECEDENCE OF AGREEMENT ........................ ...................................................... _.......................... 26 C_ LAYOFF RULES.............................................---------------•--•._....................._.......26 D. EMPLOYEE EMPLOYER RELATIONS RESOLUTION(EERR) ..............................•.--.---__----_•------_------------- 26 ARTICLE XII - MISCELLANEOUS.............................................................................................................................26 A. FIRE DEPARTMENT PROMOTIONAL EXAMS- POLICY D-10 ................................................................. 26 B. LIVING QUARTERS ................................. .................................... ....................... ............... ................ 26 C. PAYCHECKS................................................................................................................................... 26 1. Bi-Weekly Pay........................................................................................................ ...............................26 2. Paycheck Distribution ........................................... .....26 3. Vacation Paycheck ....................................................................................................................... .................. 26 D. CLASS B DRIVER'S LICENSE .......... ................................ •................................................................. 27 E. FLEET MANAGEMENT PROGRAM...................................................................................................... 27 F_ DEFERRED COMPENSATION LOAN PROGRAM.................................................................................... 27 ARTICLE XIII — MANAGEMENT RIGHTS..................................................................................................................27 ARTICLEXIV — TERM OF MOU.................................................... ............... ..................................................... ........ 27 ARTICLE XV - CITY COUNCIL APPROVAL ......................................... ..................................................................... 28 EXHIBIT A— EMPLOYER -EMPLOYEE RELATIONS RESOLUTION.......................................................................29 EXHIBIT B — CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE..................................30 EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN .................. ...38 ............................................................................. EXHIBIT D — TILLER CERTIFICATION.....................................................................................................................43 EXHIBIT E — INCOME PROTECTION PLAN.............................................................................................................44 EXHIBIT F — 56-HOUR VACATION AND SICK LEAVE ACCRUAL — LEAVE BENEFITS (EXAMPLE) ..................45 EXHIBIT G - POLICY 0-14, MINIMUM STAFFING AND FILLING OF VACANCIES................................................47 HBFA FINAL MOU v.3 -iv- 4/19/2005 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) September 25, 2004 through September 24, 2007 ARTICLE I - REPRESENTATIONAL UNITICLASSIFICATIONS A. It is recognized that the Huntington Beach Firefighter's Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of employees of the City of Huntington Beach within the following classifications: Deputy Fire Marshal* Fire Captain Fire Engineer Firefighter Firefighter Paramedic Fire Protection Specialist* *Administrative Appointments B. The City and Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, would be entitled to propose a Unit Modification. This agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to propose a unit modification of the existing FIRE Association unit. ARTICLE 11-- EXISTING CONDITIONS OF EMPLOYMENT A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions of employment within the lawful scope of representation of the Association that are contained in prior Memoranda of Understanding between the parties hereto and which are currently applicable to employees covered herein, shall remain in full force and effect. B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall have the same meaning as the word "manning" and are used interchangeably. 4119/2005 -1- FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE III - SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. ARTICLE IV — SALARY SCHEDULES For each year of this agreement, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. A. Wage Increases: 1. Effective September 25, 2004, all bargaining unit employees shall receive a 4% (four percent) wage increase 2. Effective September 24, 2005, all bargaining unit employees shall receive a 4% (four percent ) wage increase 3. Effective September 23, 2006, all bargaining unit employees shall receive a 2% (two percent ) wage increase 4. Effective March 24, 2007, all bargaining unit employees shall receive a 2% (two percent ) wage increase B. Salary Study - On or before April 1, 2007, representatives of the parties will conduct a joint study that compares the total compensation, as defined below, of employees in the classifications of Firefighter, Firefighter Paramedic, Fire. Engineer and Fire Captain to the total compensation of comparable employees working for the Fire Departments described below, provided that those agencies may be altered by mutual agreement of the parties. The parties shall make every effort to complete the study on or before June 30, 2007. The City shall have no obligation to take any action regarding the compensation of employees covered by this Agreement based upon the results of that study. The ingredients of compensation used for comparison purposes shall be those in effect at the time of the study, except that, where the parties have identified increases to become effective by the end of the first pay period in October, 2007, the increased levels of compensation shall be used. The following ingredients of total compensation shall be considered, along with any others mutually agreed HBFA FINAL MOU v.3 -2- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 upon by the parties: base salary, the value of employer payments of required employee retirement contributions, the value of employer contributions towards the payment of premiums for medical, dental, vision and long-term disability insurance, the maximum amount of specialty pays (i.e., assignment bonuses) that any one employee is capable of earning, the maximum longevity payment, the maximum educational incentive bonus, the maximum certification pay, the value of the maximum leave accruals and the value of any enhanced retirement formulas. The parties shall make every effort to agree upon the methodology of calculating the value of these ingredients. As part of that process, the parties may agree to remove and/or add other ingredients of pay to the definition of total compensation. The Fire Departments that will be used for comparative purposes, unless changed by mutual agreement of the parties, are as follows: Orange County Fire Authority, Santa Ana Fire Department, Anaheim Fire Department, Costa Mesa Fire Department, Torrance Fire Department, Los Angeles County Fire Department, Fountain Valley Fire Department, Newport Beach Fire Department, Glendale Fire Department, Los Angeles City Fire Department, and Long Beach Fire Department. ARTICLE V — SPECIAL PAY A. Education: Incentive Plan — It is the purpose and intent of the Education Incentive Plan to motivate the employee to participate in, and continue with his/her education so as to improve his/her knowledge and general proficiency which will, in turn, result in additional benefits to the Fire Department and to the City. As certain levels of additional education are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of his/her educational achievement. a. Level I — Any employee who has completed one (1) year of service with the City of Huntington Beach and has attained an Associate of Science Degree in Fire Science, or an equivalent course of study as determined by the Education Committee and the Fire Chief, shall receive an additional bi-weekly payment of forty-six dollars and fifteen cents ($46.15). Effective pay period beginning March 24, 2007, the bi- weekly payment of $46.15 shall be converted to a special pay of 1.78% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. b. Level II — Any employee who has completed three (3) years of service with the City of Huntington Beach and has attained a Bachelors Degree in Fire Administration, Public Administration, or an equivalent course of study as determined by the Education Committee and Fire HBFA FINAL MOU v.3 -3- 4/19/2005 FIRE MOU September 20, 2004 — September 24, 2007 Chief, shall receive an additional bi-weekly payment of sixty-nine dollars and twenty-three cents ($69.23). Effective pay period beginning March 24, 2007, the bi-weekly payment of $69.23 shall be converted to a special pay of 2.67% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. c. Degree Majors — Degree majors in an equivalent course of study other than Fire Science, Fire Administration, or Public Administration, shall be approved in advance by the Education Committee. d. Education Committee — An Education Committee shall be formed and shall be composed of three (3) members. Of said three (3) members, one shall be appointed by the Association, one appointed by the Fire Chief, and the third shall be the Human Resources Manager. e. Effective Date — Certification to an education award and to the additional compensation pay shall begin the pay period following certification. f. Previous Benefits — Notwithstanding the foregoing, any employee currently receiving educational incentive benefits in any previously approved schedule, shall continue to receive the monthly payments entitled thereunder, in lieu of any payment available under Section "A.1." of this Article, if the current payment exceeds the payment to which the employee would be entitled under Section "A. V if any. B. Acting Assignments - Employees acting in a higher classification, when properly qualified and compensated in accordance with the City Personnel Rules, shall be considered equivalent to the required classification. C. Administrative Appointments- 1. Administrative Appointments — The City may, from time to time, administratively appoint employees to administrative or specialist positions. The personnel appointed to the positions of Deputy Fire Marshal and Fire Protection Specialist shall serve at the discretion of the Fire Chief. An administrative appointment shall not affect the employee's regular classification or rank. Persons appointed to these positions shall retain their highest previous permanent classification and the anniversary date of their appointment to the permanent classification. HBFA FINAL MOU v.3 -4- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 2. Pay Upon Completion of Administrative Appointment: a. An employee administratively appointed to the positions of Deputy Fire Marshal and Fire Protection Specialist, who subsequently is voluntarily or involuntarily reassigned to a position within their permanent classification with a lower rate of pay, shall receive a one (1) step reduction in pay to initially coincide with their reduced assignment and at each anniversary date of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. Any administratively appointed employee to the positions of Deputy Fire Marshal and Fire Protection Specialist, who has completed four (4) years of service in the appointed or any other appointed parallel position, may request to return to their permanent classification, and shall within one (1) year thereafter, be entitled to return to his/her permanent classification. The pay rate changes associated with the appointment or reappointment shall follow the process and procedures established for all positions within the classified service. c. This section shall not apply to disciplinary demotions or layoffs. D. Pay won Completion of Paramedic Duties - Any Firefighter Paramedic with a minimum of five (5) years of continuous service as a Paramedic may request reinstatement to his/her previously held classification. Such request must be submitted in writing to the Fire Chief at least one (1) year prior to the date of the requested reinstatement_ Upon reinstatement, if the employee's current base salary is equivalent to or in excess of Step E of the respective Firefighter salary range, his/her salary will not change until it no longer exceeds Step E of the respective Firefighter salary range. If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a step in the range closest to his/her existing current base salary. This section shall not apply to disciplinary demotions or layoffs. E. Soecial Certification/Skill Pax: 1. State Board of Fire Service Certification - Any employee, in a position that did not require certification as a condition of employment, and who at any time has been or becomes certified by the State Board of Fire Services in a classification then occupied, shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250). Each employee may only receive one such payment irrespective of the number of times he/she is certified in any position. 2. Paramedic Re -certification - Each time a Firefighter Paramedic assigned as a Firefighter Paramedic is re -certified by the State of California as a Paramedic, HBFA FINAL MOU v.3 -5- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 the Firefighter Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500). Each time a Fire Captain or Fire Engineer is re -certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently possess a State of California Paramedic License and/or are re -certified by the State of California as a Paramedic to practice as a Paramedic. Re -certification pay for Captains and Engineers shall be limited to thirty (30) positions. The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and to practice as a paramedic based upon established department standards. 3. Preceptors - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid the equivalent of thirty dollars ($30.00) per twenty- four (24) hour shift. Effective pay period beginning March 24, 2007, the City shall convert the above payment to a special pay of 5.34% of the hourly rate of Firefighter Step E for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. 4. Firefighter Tiller Certification - Firefighters that obtain and maintain the certifications and qualifications as outlined in (a) through (c) below shall receive forty-six dollars and fifteen cents ($46.15) bi-weekly Tiller pay. Effective pay period beginning March 24, 2007, the bi-weekly payment of $46.15 shall be converted to a special pay of 1.78% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible Firefighters the same dollar value in this special pay. a. Tiller Certification — Obtain and maintain Huntington Beach Tiller Certification. b. Class B Driver License — Obtain and maintain a minimum of a valid California Class B Firefighter Restrictive License. c. Light Air Unit — Ability to drive and operate, the Light Air Unit as required, and identified in Exhibit.D. 5. Hazardous Materials Team Res nder - Those members who have been specially trained for the position of Hazardous Materials Team Responder, and are specifically assigned by the Fire Chief or his/her swam designee to the Hazardous Material Unit or backup unit, shall receive additional compensation in the amount of one hundred thirty eight dollars and forty-six cents ($138.46) bi- H8FA FILIAL MOIL v.3 -Cr 411912005 FIRE MOU September 25, 2004 — September 24, 2007 weekly. Effective pay period beginning March 24, 2007, the bi-weekly payment of $138.46 shall be converted to a special pay of 5.34% of the bi-weekly rate of Firefighter Step E. It is the intention to provide all eligible employees the same dollar value in this special pay regardless of rank. 6. Bilingual Skill - Permanent employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent (5%) of their basic hourly rate in addition to their regular bi-weekly salary. Permanent employees may accept assignments utilizing bilingual skills in other languages on a short -tens assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) for every bi- weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Manager or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate's attempt is unsuccessful, he/she may repeat the process in six (6) months time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re -certify bilingual skills with the Human Resources Manager or designee every five (5) years. 7. Fire Protection Specialist - Level I Investigator Certification -Must meet the requirements of NFPA 1033 Professional Qualifications for Fire Investigator 1, or successful completion of the California State Board of Fire Services Fire Investigator I courses, including Investigation IA, IB, and PC 832. These requirements must be met within six (6) months of appointment as a Fire Protection Specialist. 8. Level ll Investi ator - The Level 11 Investigator salary rate will be adjusted 11 % resulting in the following assigned salary adjustment: a. Fire Protection Specialists assigned to a 56-hour suppression work schedule, regardless of the suppression rank, while on duty and temporarily reassigned to Level I responsibilities will be compensated at the Fire Protection Specialist 56-hour salary rate, for each hour temporarily assigned. b. Fire Personnel assigned to a 40-hour non -suppression work schedule, while on duty and temporarily reassigned as a Level II Investigator, will be HBFA FINAL MOU v.3 -7- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 compensated to 22 ranges above a Fire Protection Specialist for each hour temporarily assigned. C. Fire Suppression personnel, off duty and temporarily assigned as Level II Investigator, will be compensated 22 ranges above Fire Protection Specialist rate at time and one-hal€ d. Fire Suppression personnel, while on duty and temporarily reassigned to Level II Investigator, will be compensated 22 ranges above the Fire Protection Specialist rate at a 56-hour salary rate for each hour temporarily assigned. All special certification/skill pay provided in Article V (E) shall be effective the first full pay period following certification. F. Holiday Pay -In -Lieu - Permanent, full time employees shall be compensated by the City in -lieu of the ten listed holidays at their appropriate assigned work schedule rate, either at a forty -hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. HBFA FINAL MOU v_3 -8- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 Employees designated by the Fire Chief who are required to work regular shifts on the above holiday set forth in Section F.1. of this Article, shall not be entitled to time off or overtime. G. Longevity Pa - Effective September 23, 2006, all unit employees with the following full time, continuous service in the City of Huntington Beach shall receive the following longevity pay- 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary H_ Reportable to PERS — Subject to State Law and Regulations, compensation paid as a result of this Article shall be reported to PERS as salary. ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City — The City will provide all personnel represented by the HBFA with uniforms as described in the most current Policy C-2, Uniforms executed by the parties. B_ Uniform Al Iowa nce/Fitness — City shall provide each employee who participates in the Fire Department's current physical fitness program, Policy D-9, Physical Fitness Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December 1 st to be eligible for the December uniform allowance. C. Uniform Care and Replacement: 1. The City at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter's regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 Uniforms shall be replaced by the City whenever the Fire Chief or hislher sworn designee representative determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. HBFA FINAL MOU v.3 -9- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 4. All uniforms and equipment furnished by the City, with the exception of T- shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform Policies and Advisory Committee: The present uniform and clothing policies, as delineated in this Article, shall remain in effect until the Fire Chief or his/her sworn designee and the Association mutually agrees on a new uniform system and on the date of implementation. On said implementation date, all safety clothing and uniforms required by the City to be worn by employees during working hours shall meet all applicable State and Federal regulations relating to said clothing and, with the exception of station uniforms, be of a high quality, fire resistant material. 2. A uniform advisory committee composed of two (2) members appointed by the Association and two (2) representatives appointed by the Fire Chief, shall make recommendations on the uniforms to be wom, the method of said uniforms will be provided and obtained and further recommendations on safety clothing and uniforms may be required during the term of this MOU. E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(1)(5) to the California Public Employees' Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE Vil -- HOURS OF WORWOVERTIME A. Work Schedule: 1 All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (T 5) day period with six (6) consecutive days off 2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 3. Fire Prevention staff and administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. HBFA FINAL Moil v.3 -10- 4/1912005 FIRE MOU September 25, 2004 --- September 24, 2007 B. Hours of Work - Defined: Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts shall occur at 0800 hours each day. However, employees shall actually arrive sufficiently in advance of 0800 hours so as to comply with Fire Department Rules and Regulations, Policy B-2. Said advance time shall not constitute hours worked. 3. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 4. The maximum time allowed within the forty (40) hour workweek schedule for both lunch and physical fitness shall not exceed four (4) hours within any given workweek. All physical fitness activities considered to be work activities shall be conducted on duty within fire stations and under supervision. 5. An employee who is held over beyond the end of hislher regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest quarter (1/4) hour. 6. Exchanges of time shall not be considered when computing hours worked as defined in this Article. 7. An employee shall be considered to be working if he/she is ordered to duty by the Fire Chief or his/her sworn designee. C. Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel —The 15 day FLSA work period shall begin at 8 a-m. on the first shift worked by the A shift following six days off. There shall be 14 FLSA work periods for every fifteen 14 day pay periods. Each employee shall be regularly scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay), so that for every cycle of 14 FLSA work periods, an employee shall receive 140 hours of premium pay for working regularly scheduled hours. All regularly scheduled non "lost time" hours shall be counted as hours worked. Each employee assigned to twenty-four shifts for a full FLSA work period shall receive 102.67 hours of regular pay and 9.33 hours of premium pay in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday HBFA FINAL MOU v.3 411912005 FIRE MOU September 25, 2004 — September 24, 2007 following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 2. In addition to the premium pay provided above, twenty-four (24) hour shift employees shall receive premium pay for hours worked in excess of regularly scheduled hours unless the employee has "lost time" in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive premium pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. 3. Lost Time Defined -- "Lost time" is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive premium pay for working hours in excess of their regularly scheduled hours. 5. 4110 Work Schedule Defined -- The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. The FLSA designated work week shall be defined as Saturday 8:00:00 a.m. to Saturday 7:59:59 a.m. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Department Head or designee may require such service from said employees. D. Overtime/Compensatory Time: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at their premium hourly rate for all actual work performed in excess of the employees' scheduled hours in their declared work period. b. Any employee who voluntarily works overtime in a different classification shall be compensated at a rate of pay consistent with the classification H8FA FILIAL MOU v.3 -12- 4/1912005 FIRE MOU September 2.5, 2004 — September 24, 2007 worked. Any employee who is ordered in to work in a lower classification shall be compensated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. The overtime system and/or Policy D-3 may be modified by mutual agreement of the parties at any time during the terra of the MOU. 2. Compensatory Time: a. Non -Exempt — All overtime worked by non-exempt employees shall be compensated at the employee's premium hourly rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel — For all staff personnel positions, in lieu of compensation by cash payment for overtime as provided in this Article, such employees may, at their option and with the approval of the Fire Chief, be compensated by compensatory time off at time and one half for each overtime hour worked. 1) Compensatory time may be accumulated to a maximum of one hundred -twenty (120) hours. Compensatory time may be taken on an hour -for -hour basis only with the permission of the Fire Chief or his/her sworn designee, which permission shall be granted unless granting the request will unduly disrupt the Department. Upon his/her request, any employee may elect to convert all or a portion of compensatory time to a cash payment at the employee's premium hourly rate. Any such payment shall be made on the next regular payday, following the request, provided the request is made by the end of the previous payroll period. 2) Compensatory time may not be received in lieu of a cash payment for time worked during major emergencies when, in the opinion of the Fire Chief or his/her sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off — Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the premium hourly rate based upon the salary schedule for 40 hour per week personnel in effect prior to the change. 3. Callback — Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum of two (2) hours compensation on an hourly basis. HBFA FINAL MOU v.3 -13- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 4. Mandatory_ Standby — Any employee may be placed on "mandatory standby" by the Fire Chief or his/her sworn designee. Employees on mandatory standby must remain available for immediate response during the designated standby period. All personnel placed on mandatory standby shall receive a minimum of two (2) hours compensation for each twelve (12) hours of off duty standby time or fraction .thereof. 5. Pagers — Recognizing that personal pagers are part of the Fire Department's business and emergency alerting system, pagers shall be issued and worn only on a voluntary basis with the exception of members who are placed on mandatory standby who may be required to wear a personal pager while on such standby. An employee placed on mandatory standby .may voluntarily wear a pager, and if so, shall receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off duty standby time or fraction thereof. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6. Required Training Attendance -- An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. When attendance occurs at a time when the employee is not scheduled to work, he/she shall be compensated on an hourly basis. 7. Cancellation of Overtime — Any employee who is scheduled to work overtime in advance of the time set forth for such scheduling in Huntington Beach Fire Department Organization Manual, Policy D-3 which scheduling is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an hourly basis. 8. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay for each morning and/or afternoon session. b. Employees appearing in court on City business during other than their scheduled working hours shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. HSFA FINAL MOU v.3 -14- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 c. Employees shall not receive both standby pay and time and one half pay for the same court session. An employee who is on standby and reports to court will be paid in accordance with (b) above. 9. Pay Out of Rank — Subject to the approval of the Fire Chief or his/her sworn designee, an employee may voluntarily work in a classification below their rank. Compensation for hours worked in the lower capacity (voluntarily or ordered) shall be paid at the employee's regular rate of pay. E. Jury Duty — Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. F. Shift Exchange/Relief: 1. The Fire Department shall allow Association members' exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 2. An employee may be relieved by any other employee who is qualified to relieve him/her at any time between the hours of 0600 to 0800. It shall be the responsibility of the employee's supervisor to insure that the relief of all employees is accomplished in a fair and equitable manner. The employee's supervisor may revoke this early relief privilege if abuses occur. It is understood and agreed that such early relief provisions shall not result in any additional cost to the City. G. Assigned Shift Policy — Employees of equal rank shall have the option to change assigned shifts on an employee for employee basis upon written request to and approved by the Fire Chief. H. Minimum Staffing and Filling Vacancies: I. Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient' employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein: HBFA FINAL MOU v.3 -15- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance: 1. The City shall continue to make available group health, dental and vision benefits to all HBFA employees. 2. Effective January 1, 2005, the City will increase the dental (DPO Plan) annual maximum benefit to $2000. B. Eligibility Criteria and Cost: City. Paid Health Insurance -- Employees and Dependents - An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City's insurance plan described below effective the first of the month following the employee's date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer_ Contributions to Health and Other Insurance Benefits - The City's maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below_ z gg��yy�� WSi w��r3f�tyy 1 i1� -rµ 3 - ......;a 9.. A'� # 3t 3 tog a R -T X n9. M( tE .....cam., _•r-...,.., fP€ � «.� LP° ...« h $373.77 $373.77 $373.77 $274.03 $274.03 tip' 1 702.25 702.25 702.25 555.51 555.51 e'4e;; 851.34 851.34 851.34 720.18 720.18 $[;EE EE yL ffgsf E r $42.88 $23.00 $17.58 81.82 39.11 17.58 EE + 2 or more 116.36 1 59.81 17.58 HBFA FINAL MOU v.3 -16- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee- C. Future Premiums - The City "caps" its contributions toward monthly group health, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year -2005 level. Until the City Council approves a successor to this Memorandum of Understanding, the City's 2005 contribution caps will remain in place in 2005 and beyond, even if premium increases result in these additional costs being borne by the employee. D. Public Employees' Medical and Hospital Cale Act (PMHCA) OPTION - Notwithstanding the above, the Association has the right to select Public Employees' Medical and Hospital Care Act (PMHCA) medical insurance coverage under the same terms and conditions as other participating employee associations representing safety employees of the City, provided the City continues to offer PMHCA insurance to any of its safety employees. E. Medical Cash -Out - If an employee is covered by a health program outside of a City - provided program (evidence of which must be ` supplied to the Employee Benefits Division the employee may elect to discontinue City health insurance coverage and receive ninety-two dollars and thirty-one cents ($92.31) bi-weekly to deposit into the employee's deferred compensation account or any other pre-tax program offered by the City. F. Section 125 Plan - This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non -reimbursable medical expenses. G. Life and Accidental Death and Dismemberment: Life — The City shall provide a Life Insurance plan for the employees covered by this MOU. The coverage amounts had been based on the age/wage schedule list in the certificate of coverage. Copies of the certificate of coverage are available in the Employee Benefits Division. Effective January 1, 2005, the City shall increase the benefit to fifty thousand dollars ($50,000) in lieu of the age/wage schedule of benefits. 2. Accidental Death and Dismemberment — The City shall provide an Accidental Death and Dismemberment Insurance plan for employees covered by this MOU. Said plan shall have a benefit amount of fifty thousand dollars ($50,000). H. Long Term Disability -- The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty- eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit E. HBFA FINAL MOU v.3 -17- 4/19/2005 FIRE MOU September 25, 2004 -- September 24, 2007 I. Retiree Medical Coveracie for Retirees Not Eli ible for the City Medical_ Retiree Subsidy Plan - Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan, may choose to participate in City sponsored health insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City sponsored health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees' Retirement System, are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City sponsored medical insurance upon retirement, permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in City sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage - Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or qualified dependent must choose to participate in City sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium insurance plans that are supplemental dependents without any City subsidy. to participate in City sponsored medical to Medicare for themselves or qualified Retirees or qualified dependents, upon turning age 65, who choose not to participate in City sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. HBFA FINAL MOU v.3 -18- 4H912005 FIRE MOU September 25, 2004 -- September 24, 2007 K. Miscellaneous: 1. Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers should circumstances warrant. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. Whenever an eligible employee is absent because of illness or injury, the City shall continue to provide to the employee and his/her dependents, all of the insurance benefits set forth in this Article for the duration of any such approved absence not to exceed twenty-four (24) months. L. Voluntary Health Savings Account - The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. ARTICLE IX — RETIREMENT A. Benefits: Public Employees' Retirement System: a. The City shall provide all safety employees with that certain retirement program commonly known and described as the "3%" at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees' Retirement System, Section 21382 of the California Government Code. b. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation eamable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of HBFA FINAL MOU v.3 -19- 4/19/2005 E 3. FIRE MOU September 25, 2004 — September 24, 2007 the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable_ c. The City shall contract with PERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20024.2 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e. The City shall amend its contract with PERS to include the Pre -Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association within the term of this agreement. Self -Funded Supplemental Retirement Benefit: a, In the event a member elects Option #2 (Government Code Section 21333) or Option #3 (Government Code Section 21334) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for employees covered by this MOU. (Note: The options provide that the allowance is payable to the member until his/her death, and then either the entire allowance (Option #2) or one-half (1/2) of the allowance (Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be deemed to restrict the City's right to contract with PERS for the benefits provided under this Article. b. Employees hired on or after October 4, 1999, shall not be eligible for the "Supplemental Retirement Benefit" referenced in Article IX.A.2 above. Medical Insurance for Retirees: a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under City sponsored plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or MBFA FINAL MOU v.3 -20- 4/1912005 FIRE MOU September 25, 2004 — September 24, 2007 2) Early retirees (under age 65) may participate in the City -sponsored health plans currently being offered to active employees. 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. b. Retired employees exercising either of the options in Article IX.A.3.a may cause any premiums not paid by the City to be paid out of funds due and owed to them for unused sick leave benefits upon retirement, as provided in Article IX.A.3.a. However, whenever a retired employee does not have any such available funds, he/she shall have the opportunity to provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining may, at the employee's option, be converted to a dollar figure, as provided in Article IX.A.3.a, and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The City shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact, in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to mace premium payments at least one (1) month in advance, to continue the group insurance in effect. If following exhaustion of sick leave funds a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his/her coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage, if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical coverage after retirement shall have no further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owed to him/her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the City of such notice. Once a retired employee elects to terminate such coverage, he/she shall be precluded from securing it at a later date at the group rate. NBFA FINAL MOU v.3 -21- 411912005 FIRE MOU September 25, 2004 — September 24, 2007 B. Public Employees' Retirement System Reimbursement and Reporting: Employee's Contribution -- Subject to the limitations contained in Article IX A 1.b each safety employee covered by this MOU shall continue to be reimbursed nine percent (9%) of the employee's reportable compensation as the City's payment toward the employee's contribution to the Public Employees' Retirement System (PERS). The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be credited to the employee's account with PERS. Should any ruling by either PERS or other State or Federal agency nullify the benefit authorized above, the City and the Association agree to reopen negotiations regarding wages and salaries. 2. Reporting of Base Salary — Provisions of the Level Pay plan, Article VII.C, shall be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift employees to the Public Employees' Retirement System (PERS). C. Reinstatement_ Privileges for Disability Retirees — If a retiree seeks to cause PERS to revoke his/her disability retirement on the grounds that he/she is no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she is no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall immediately reinstate the employee at his/her former position and pay step. ARTICLE X — LEAVE BENEFITS A. Leave with Pay: Vacation — The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual — Permanent, full time employees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty hour (40) or fifty- six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 - 56)_ Personnel who change from a fifty- HSFA FINAL MOU v.3 -22- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates: For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty-six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty- six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees_ Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or his/her sworn designee, who shall schedule all vacations with due consideration for the request of the employee and particular regard for the need of the Department_ The Fire Department operates on a three -shift basis, with personnel being assigned to the "A, B or C" Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as "vacation slots)_ That is, at any one time, there may be four (4) persons HBFA FINAL MOU v.3 -23- 4/1912005 FIRE MOU September 25, 2004 -- September 24, 2007 absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/her absence. c. Conversion to Cash — On two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option. Vacation accumulated in excess of three hundred -forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation. d. Pay -Off at Termination — Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. 2. Sick Leave: a. Accrual — The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their accrual rate by .7143. b. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate. All accrued vacation hours shall be paid at the converted rate. Sick leave shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent (25%) of unused, earned sick leave from four hundred -eighty (480) through seven hundred -twenty (720) hours, HBFA FINAL MOU v.3 -24- 4/19/2005 FIRE MOU September 25, 2004 — September 24, 2007 and for fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred -twenty (720) hours. Upon termination for industrial disability retirement, all employees shall have their accrued vacation and sick leave converted to the forty (40) hour rate, and then shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred - eighty (480) hours, and for fifty percent (50%) of all unused, earned sick leave in excess of four hundred -eighty (480) hours. c. Utilization in Conjunction with Industrial Disability Leave — Sick leave cannot be used to extend absences due to work related (industrial) injuries or illnesses. 3. Leave Benefit Entitlements - As required by law, employees will be allowed tc use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all state and federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off for serious and non -serious family or personal health issues. 4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2) work shifts for those employees on the twenty -'tour (24) hour work schedule, or three (3) work shifts for all other employees in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, step -father, step- mother, step -grandfather, step -grandmother, grandchildren, stepsisters, step- brothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, step -children, or wards of which the employee is the legal guardian. 5. Association Business:- During the term of this MOU, authorized representatives of the Association shall be entitled to receive up to a total of four hundred (400) collective hours without any loss of compensation per contract year to be utilized for lawful Association activities. In addition, up to one hundred -fifty (150) unused hours may be carried forward to the next contract year. HBFA FINAL MOU v.3 -25- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE XI — CITY RULES A. Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the City's Personnel Rules. B. Precedence of Agreement - in any case in which any provision of this Memorandum of Understanding is inconsistent with any City ordinance, rule, regulation, resolution, including provisions of any Fire Department Manual, the provisions of this MOU shall supersede and take precedence. C. Layoff Rules - The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. E. Employee Employer Relations Resolution (EERR) — During the term of the agreement, the City and Association shall meet and confer to update the EERR to reflect state law. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall be held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. B. Living_ Quarters — The City shall provide necessary kitchen, living and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. C. Paychecks: 1. Bi-Weekly Pay — Salary shall be paid on a bi-weekly basis. By mutual consent of the City and the Association, early payment and other modifications may be made. 2. Paycheck Distribution -- Paychecks shall be ready and available for distribution to each employee by 0700 hours on each payday at the Station 1 — Gothard Fire Station, except in the case of unforeseen circumstances beyond the control of the City. A monthly paycheck stub or memorandum 'accompanying the paycheck shall contain an itemization of amounts paid under various categories of pay, including educational incentive pay, holiday pay, and all overtime, and shall also include an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. 3_ Vacation Paycheck — Each employee shall, at his/her option, by written notice to the City's Human Resources Manager, be given at least two (2) weeks prior to the commencement of said employee's scheduled vacation, be entitled to receive HBFA FINAL MOU v_3 -26- 4/1912005 FIRE MOU September 25, 2004 — September 24, 2007 his/her earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. Class "B" Driver License — Employees required by the City to obtain a State of California Class "B° or Class "B" Firefighter Restrictive Driver License will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Class "B" Firefighter Restrictive Driver License. E. Fleet_ Management Program -- Association agrees to the policies and procedures contained in the 1999 City Fleet Management Program. F. Deferred Compensation Loan Program — Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home_ The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation but the employee must request the transfer no later than the pay period prior to the employee's last day of employment. ARTICLE XIII — MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with respect to the management and direction of the performance of fire services and the work forces performing such services. Such rights include, but are not limited to, determination of the merits, necessity, level or organization of fire services, the necessity for overtime, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including work and safety rules and regulations, in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XIV — TERM OF MOU This Memorandum of Understanding shall be in effect commencing on September 25, 2004 and ending at midnight on September 24, 2007. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of ployeps.go Bred hereunder for the term hereof. HBFA FINAL MOU v.3 -27- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 2005 CITY OF HUNTINGTON BEACH A Municipal Corporation By: By: Irma Youssefieh Human Resources Manager By: By: Jacques Pelletier Division Chief/Operations By: Charles Thomas Director of Administrative Services By: By: Renee Mayne Chief Negotiator APPROVED AS TO FORM By: Jennifer McGrath City Attorney HUNTINGTON BEACH FIREFIGHTER'S ASSN. Ronald Stocking HBFA President Donald Boland Vice -President Stephen H. Silver Chief Negotiator 7w� /49-6-40 HBFA FINAL MOU v.3 -28- 4119/2005 FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE KV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach, IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this _,.± day of Zv2aV , 2005 CITY OF HUNTINGTON BEACH A Municipal Corporation By: 16&— - - .- ...... By: Irm# Y6ussefieh— Human Resources Manager By: 4ficqu&'Pellefier Division Chief/Operations By: C. Charles Thomas Director of Administrative Services Renee Mayne Chief Negotiator APPROVED AS TO FORM By: 9 enn�Mrath City Attorney By: M HUNTINGTON BEACH FIREFIGHTER'S ASSN. Ronald Stocking HBFA President Vice -President Stephen H. Silver Chief Negotiator INTENTIONALLY LEFT BLANK ;7" f FIRE MOU September 25, 2004 — September 24, 2007 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach_ IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 2100 day of Z?AJ CITY OF HUNTINGTON BEACH A Municilpal Co oration By: Sy: Irm ussefie Human Resources' Manager Br cqu Pelletier ivision Chief/Operations By: C. Charles Thomas 'rector of Administrative Services r By: Renee Mayne Chief Negotiator APPROVED AS TO FORM By: - ennifer Mc rath City Attorney HUNTINGTON BEACH FIREFIGHTEWS ASSN. Ronald Stocking HBFA President S -0 Lr� / Donald Bola Boland- f By: Stephen H. Silver Chief Negotiator FIRE MOU September 25, 2004 — September 24, 2007 - ARTICLE XV - CITY COUNCIL APPROVAL it is the understanding of the City and the Association that this Memorandum of Understanding is of no force or erect whatsoever unless and until rated by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this .2A'2'- day of Z!j&' ,, 2005 CITY OF HUNTINGTON BEACH A Municipal Co ration By: By: Irm ssefie Human Resources Manager By: By: Jacques Pelletier Division Chief/Operations By: _ _ BY, Charles Thomas Director of Administrative Services HUNTINGTON BEACH FIREFIGHTEMS ASSN. Ronald Stocking HBFA President Donald Boland Vice -President By: By: Ren6e Mayne Step n H. Silver Chief Negotiator Chief Negotiator APPROVED AS TO FORM By: Jennifer McGrath City Attomey ,E F-tC _ INTENTIONALLY LEFT BLAND EXHIBIT A CITY OF HUNTINGTON BEACH EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Fallowing receipt of the Human Resources Officer's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d_ Any party who chooses to appeal from the decision of. the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 411912005 -29- EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE 4% EFFECTIVE SEPTEMBER 25, 2004 40-Hour Rate (2004 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 483 $24.26 $25.59 $27.00 $28.48 $30.05 0160 Fire Engineer 514 $28.30 $29.86 $31.50 $33.23 $35.06 0226 Firefighter Paramedic 514 $28.30 $29.86 $31.50 $33.23 $35.06 0227 Fire Protection Specialist 523 1 $29.611 $31.24 $32.96 ' $34.77 $36.68 0101 Fire Captain 538 1 $31.911 $33.67 $35.52 $37.47 $39.53 0100 De to Fire Marshal 560 1 $35.61 L $37.57 $39.64 $41.82 $44.12 40-Hour Rate (2004 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 483 $1,940.80 $2,047.54 $2,160.16 $2,278.40 $2,403.71 0160 Fire Engineer 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0226 Firefighter Paramedic 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0227 Fire Protection Specialist 523 1 $2,368.801 $2,499.081 $2,636.53 $2',781.541 $2,934.53 0101 Fire Captain 538 1 $2,552.80 $2,693.20 $2,841.33 $2,997.601 $3,162.47 0100 Deputy Fire Marshal 560 1 $2,848.801 $3,005.481 $3,171201 $3,345.62 $3529.62 40-Hour Rate (2004 Monthly} Job Code Classification Range A B C D E 0229 Firefighter 483 $4,205.07 $4,436.35 $4,680.34 $4,936.53 $5,208.04 0160 Fire Engineer 514 $4,905.33 $5,175.13 . $5,459.76 $5,760.05 $6,076.85 0226 Firefighter Paramedic 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0227 Fire Protection Specialist 523 $5,132.401 $5,414.68 $5,712.49 $6,026.68 $6,358.14 0101 Fire Captain 538 $5,531.071 1 $5,835.28 $6,156.22 $6,494.81 $6,852.02 0100 Deputy Fire Marshal 560 $6,172.401 $6,511.88 $6,870.93 $7,248.83 $7,647.52 4/1912005 -30- 56-Hour Rate 2004 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 483 $17.33 $18.28 $19.29 $20.34 $21.46 0160 Fire Engineer 514 $20.21 $21.33 $22.50 $23.74 $25.04 0226 Firefighter Paramedic 514 $20.21 $21.33 $22.50 $23.74 $25.04 0227 Fire Protection Specialist 523 1 $21.15 $22.311 $23.54 $24.841 $26.20 0101 IFire Captain 538 1 $22.79 $24.051 $25.37 $26.76 $28.24 0100 IDeputy Fire Marshal 560 1 $25.44 $26.831 $28.31 $29.87 $31.51 56-Hour Rate (2004 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 48.3 $1,940.80 $2,047.54 $2,160.16 $2,278.40 $2,403.71 0160 Fire Engineer. 514 $2,264.00 $2,388.52 $2,519.89 ' $2,658.48 $2,804.70 0226 Firefighter Paramedic 514 $2,264.00 $2,388.52 $2,519.89 $2,658.48 $2,804.70 0227 Fire Protection S ialist 523 $2,368.80 $2,499.08 $2,636.531 $2,781.54 $2,934.53 0101 Fire Captain 538 $2,552.80 $2,693.20 $2,841.331 $2,997.60 $3,162.47 0100 IDeputy Fire Marshal 560 $2,848.80 $3,005.48 $3,171.201 $3,345.62 $3,529.62 56-Hour Rate (2004 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 483 $4,205.07 $4,436.35 $4,680.34 $4,936.53 $5,208.04 0160 Fire Engineer 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0226 Firefighter Paramedic 514 $4,905.33 $5,175.13 $5,459.76 $5,760.05 $6,076.85 0227 Fire Protection Specialist 523 1 $5,132.40 $5,414.68 $5,712.49 $6,026.68 $6,358.14 0101 Fire Captain 538 $5,531.07 $5,835.28 $6,156.221 $6,494.811 $6,852.02 0100 DepLdy Fire Marshal 560 1 $6,172.401 $6,511.881 $6,870.931 $7,248.83 $7.647.52 HBFA FINAL MOU v.3 -31- 4/19/2005 4% EFFECTIVE SEPTEMBER 24, 2005 40-Hour- Rate (2005 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 491 $25.24 $26.63 $28.09 $29.63 $31.26 0160 Fire Engineer 522 $29.47 $31.09 $32.80 $34.60 $36.50 0226 Firefighter Paramedic 522 $29.47 $31.09 $32.80 $34.60 $36.50 0227 Fire Protection Specialist 1 531 1 30.821 $32.511 $34.301 $36.191 $38.18 0101 Fire Captain 546 $33.20 $35.03 $36.96 $38.99 $41.13 0100 De ut Fire Marshal 1 568 1 $37.07 $39-111 $41.261 $43.531 $45.92 40-Hour Rate (2005 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 491 $2,019.20 $2,130.26 $2,247.42 $2,370.40 $2,500.77 0160 Fire Engineer 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0226 RT titer Paramedic 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0227 Fire Protection Specialist 531 $2,465.60 $2,600.80 $2,743.84 $2,895.20 $3,054.44 0101 Fire Captain 546 $2,656.00 $2,802.081 $2,956.801 $3,119.421 $3,290.40 0100 [Deputy Fire Marshal 568 $2,965.60 $3,128.711 $3,300.791 $3,482.33 $3,673.86 40-Hour Rate (2005 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 491 $4,374.93 $4,615.55 $4,869.41 $5,135.87 $5,418.34 0160 Fire E29ineer 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0226 Firef hter Paramedic 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0227 Fire Protection Specialist 531 $5,342.13 $5,635.07 $5,945.00 $6,272.93t$6,617.940101 Fire Ca tain 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75129.200100 De Fire Marshal 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05960.03 HBFA FINAL MOU v.3 -32- 4i19/2005 56-Hour Rate (2005 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 491 $18.03 $19.02 $20.07 $21.16 $22.33 0160 Fire Engineer 522 $21.05 $22.21 $23.43 $24.72 $26.07 0226 Firefighter Paramedic 522 $21.05 $22.21 $23.43 $24.72 r $26.07 0227 Fire ProtectionSpecialist ecialist 531 $22.011 $23.221 $24.501 $25.85 $27.27 0101 Fire Captain 1 546 $23.711 $25.021 $26.401 t27.851 $29.38 0100 IDeputy Fire Marshal 1 568 $26.481 $27.931 $29.471 $31.09 $32.80 56-Hour Rate (2005 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 491 $2,019.20 $2,130.26 $2,247.42 $2,370.40 $2,500.77 0160 Fire Engineer 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0226 Firefighter Paramedic 522 $2,357.60 $2,487.27 $2,624.07 $2,768.39 $2,920.00 0227 Fire Protection Specialist 1 531 $2,465.601 $2,605.801 $2,743.84 $2,895.20 $3,054.44 0101 Fire Captain 1 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0100 Deputy Fire Marshal 1 568 $2,965.601 $3,128.71 $3,300.79 $3,482.33 $3,673.86 56-Hour Rate (2005 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 491 $4,374.93 $4,615.55 $4,869.41 $5,135.87 $5,418.34 0160 Fire Engineer 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0226 Firefighter Paramedic 522 $5,108.13 $5,389.08 $5,685.48 $5,998.18 $6,326.67 0227 Fire Protection Specialist 531 $5,342.13 $5,635.07 $53945.00 $6,272.93 $6,617.94 0101 Fire Captain 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0100 Deputy Fire Marshal 568 $6,425.47 $6,778.87 $7.151.71 $7,545.05 $7,960.03 HBFA FINAL MOIL v.3 -33- 4/19/2005 2% EFFECTIVE SEPTEMBER 23, 2006 40-Hour Rate (2006 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 495 $25.75 $27.17 $28.66 $30.24 $31.90 0160 Fire En ineer 526 $30.06 $31.71 $33.45 $35.29 $37.23 0226 Firefighter Paramedic 526 $30.06 $31.71 $33.45 $35.29 $37.23 0227 Fire Protection Specialist 535 1 $31.44 $33.171 $34.991 $36.911 38.94 0101 Fire Captain 550 1 $33.88 $35.74 $37-711 $39.781 $41.97 0100 Deputy Fire Marshal 572 1 $37.82 $39.901 $42.091 $44.40 $46.84 40-Hour Rate (2006 Bi-weekly) Job Code Classification Range A 8 C D E 0229 Firefi hter 495 $2,060.00 $2,173.30 $2,292.83 $2,418.94 $2,551.98 0160 Fire Engineer 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0226 Firefighter Paramedic 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 $2,978.45 0227 Fire Protection Specialist 535 $2,515.20 $2,653.54 $2,799.481 $2,952.801 $3,115.20 0101 Fire Captain 550 $2,710.40 $2,859.47 $3,016.74 $3,182.66 $3,357.71 0100 Deputy Fire Marshal 572 $3,025.60 $3,192.01 $3,367.571 $3,552.00 $3,747.36 40-Hour Rate (2006 Monthly) Job Code Classification Range A B C D E 0229 Firefighter 495 $4,463.33 $4,708.82 $4,967.80 $5,241.03 $5,529.29 0160 Fire Engineer 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0226 Firefighter Paramedic 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0227 Fire Protection Sp2cialist 535 $5,449.601 $5,749.331 $6,065.541 $6,397.73 $6,749.61 0101 Fire Captain 550 $5,872.531 $6,195.521 $6,536.281 $6,895.77 $7,275.04 0100 Deputy Fire Marshal 572 $6,555.471 $6,916,021 $7,296.401 $7,696.00 $8,119.28 HBFA FINAL MOU v.3 -34- 411912005 56-Hour Rate (2006 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 495 $18.39 $19.40 $20.47 $21.60 $22.79 0160 Fire Engineer 526 $21.47 $22.65 $23.89 $25.21 $26.59 0226 Firefighter Paramedic 526 $21.47 $22.65 $23.89 $25.21 $26.59 0227 lFire Protection Specialist 535 1 $22.46 $23.691 $25.001 $26.361 $27.81 0101 IFire Captain 550 1 $24.20 $25.53 . $26.941 $28.42 $29.98 0100 IDep_qty Fire Marshal 572 1 $27.01 $28.50 $30.07 $31.71 $33.46 56-Hour Rate (2006 Bi-weekly} Job Code Classification Range A B C D E 0229 Firefihter 495 $2,060.00 $2,173.30 $2,292.83 $2,418.94 $2,551.98 0160 Fire Engineer 526 $2,404-80 $2,537.06 $2,616.00 $2,823.18 $2,978.45 0226 Firefighter Paramedic 526 $2,404.80 $2,537.06 $2,676.00 $2,823.18 .$2,978.45 0227 Fire Protection Specialist 535 $2,515.20 $2,653.54 . $2,769.48 $2,952.80 $3,115.20 0101 Fire Captain 550 $2,710.40 $2,859.47 $3,016.74 $3,182.66 $3,357.71 0100 -Meputy Fire Marshal 572 $3,025.60 $3,192.01 $3,367.57 $3,552.00 $3,747.36 56-Hour Rate (2006 Monthly} Job Code Classification Range A B C D E 0229 Firefi hter 495 $4,463.33 $4,708.82 $4,967.80 $5,241.03 $6,529.29 0160 Fire Engineer 526 $5,210.40 $6,496.97 $5,798.00 $6,116.89 $6,453.32 0226 Firefighter Paramedic 526 $5,210.40 $5,496.97 $5,798.00 $6,116.89 $6,453.32 0227 Fire Protection Specialist 535 1 $5,449.601 $5,749.33 $6,065.54 $6,397.73 $6,749.61 0101 Fire Captain 550 1 $5,872.53 $6,'195.52 $6,536.28 $6,895.77 $7,275.04 0100 Deputy Fire lbrshal .572_]_$6,555.471 $6.916.02 $7,296.40 $7,696.00 $8,119.28 HBFA FINAL MOU v.3 -35- 4119/2005 2% EFFECTIVE MARCH 24 2007 40-Hour Rate (2007 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 499 $26.27 $27.71 $29.23 $30.84 $32.54 0160 Fire Engineer 530 $30.66 $32.35 $34.13 $36.01 $37.99 0226 Firefighter Paramedic 530 $30.66 $32.35 $34.13 $36.01 $37.99 0227 Fire Protection Specialist 539 1 $32.081 $33,841 $35.701 $37.66 $39.73 0101 IFire Captain 554 1 $34.551 $36.451 $38.461 $40.581 $42.81 0100 IDeputy Fire Marshal 576 1 $38.581 $40.701 $42.941 $45.301 $47.79 40-Hour Rate 2007 Bi-weekl Job Code Classification Range A B C D E 0229 Firefighter 499 $2,101.60 $2,217.19 $2,338.40 $2,467.01 $2,603.20 0160 Fire Eggineer 71 530 . $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0226 Firefighter Paramedic 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0227 Fire Protection Specialist 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0101 Fire Captain 554 $2,764.00 $2,916.02 $3,076.40 $3,246.40 $3,424.95 0100 Deputy Fire Marshal 576 $3,086.40 $3,256.15 $3,435.24 $3,624.18 $3.823.51 40-Hour Rate 2007 Monthly) Job Code Classification Range A B C . D E 0229 Firefi titer 499 $4,553.47 $4,803.91 $5,066.53 $5,345.19 $5,640.27 0160 Fire Engineer 530 $5,314.40 $5,606.69 $5,515.06 $6,241.73 $6,585.03 0226 Firefighter Paramedic 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0227 Fire Protection Specialist 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0101 Fire Captain 554 $5,988.67 $6,318.041 $6,665.54 $7,033.871 $7,420.73 0100 Deputy Fire Marshal 576 $6,687.20 $7,055.001 $7,443.02 $7,852.39 $8,284.27 HBFA FINAL MOU v.3 -36- 4/19/2005 56-Hour Rate 2007 Hourly) Job Code Classification Range A B C D E 0229 Firefighter 499 $18.76 $19.80 $20.88 $22.03 $23.24 0160 Fire En ineer 530 $21.90 $23.10 $24.38 $25.72 $27.14 0226 Firefighter Paramedic 530 $21.90 $23.10 $24.38 $25.72 $27.14 0227 Fire Protection Specialist 539 $22.91 $24.17 $25.50 $26.90 $28.38 0101 lFire Ca tain 554 $24.68 $26.041 $27.47 . $28.99 $30.58 0100 IDeputy Fire Marshal 576 $27.56 $29.071 $30.67 $32.36 $34.14 56-Hour Rate (2007 Bi-weekly) Job Code Classification Range A B C D E 0229 Firefighter 499 $2,101.60 $2,217.19 $2,338.40 $2,467.01 $2,603.20 0160 Fire Engineer 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0226 Firefighter Paramedic 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0227 Fire Protection Specialist j 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0101 Fire Captain 554 $2,764.00 $2,916.02 $3,076.40 $3,246.40 $3,424.95 0100 —'Deputy Fire Marshal 576 $3,086.40 $3,256.15 $3,435.24 $3,624.18 $3,823.51 56-Hour Rate (2007 Month) Job Code Classification Range A B C D E 0229 Firefighter 499 $4,553.47 $4,803.91 $5,066.53 $5,345.19 $5,640.27 0160 Fire Engineer 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0226 Firefi hter Paramedic 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0227 Fire Protection Specialist 539 1 $5,560.53 -t5—,866.361 $6,188.001 $6,528.34 $6,887.40 0101 Fire Captain 554 1 $5,988-671 $6,318.04 $6,665.54 $7,033.87 $7,420.73 0100 De Fire Marshal 576 1 $6,687.201 $7,055.00 $7,443.021 $7,852.39 $8,284.27 HBFA FINAL MOU v.3 -37- 4119/2005 EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this plan, provided: A. At the time of retirement the employee has a minimum of ten (10) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules; and B_ At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium, as indicated, shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare.(whether or not such application is made), the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's sponsored medical insurance plans shall be governed by applicable plan document_ 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disability Retirees - Industrial disability retirees with less than ten (10) continuous years of regular (permanent) service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. E. Maximum Monthly Subsidy Payments - The payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status_ However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining HBFA FINAL MOU v.3 -38- 4119t2005 dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 F. Eligibility: 1 _ The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post -retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City HBFA FINAL MOIL v_3 -39- 4/1912005 sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical insurance plan coverage if there is significant disparity between the benefits provided by the "other" medical insurance plan and the City sponsored health insurance plan as defined below. "Significant disparity" means coverage available under the "other" medical plan is restrictive or limited in one or more of the following ways: 1) No in -patient hospitalization coverage. 2) No major medical benefits. 3) Annual deductible is greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The City Administrator or designee will have the authority to provide additional exceptions following review of the "other" medical insurance plan policy. Exceptions will be made only if the "other» medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the City -sponsored medical insurance plan will be coordinated with the "other" medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the "other" medical insurance plan policy for review by the City Administrator or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, he/she may have the Retiree Subsidy Medical Plan reinstated for the purchase of City sponsored health insurance_ 6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. H13FA FINAL MOIL v.3 -40- 4/19/2005 G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. H. Subsidies: I. The subsidy payments will pay for: a. City sponsored health insurance plans for eligible retirees- b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements I. Medicare: All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both 66 or over and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3_ When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. J. Cancellation: For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: NBFA FINAL MOU v.3 -41- 4/1912005 a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. b. When one of the following occurs, dependent coverage will be eliminated: 9) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 66 prior to the retiree reaching age 65. 2_ Premium payments are to be received at least one month in advance of the coverage period_ 3. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the plan and shall not have reinstatement rights. HBFA FINAL MOU v.3 -42- 4/19/2005 EXHIBIT D CITY OF HUNTINGTON BEACH TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the Huntington Beach Firefighter's Association. MOU: Article V, Section E-4-Tiller Certification a. Tiller Certification — The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the method and requirements for Tiller Certification. b. Class B Firefighter Restrictive License. --.State Department Of Motor Vehicles established- c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the safe operation of the unit but do not actually "certify." We are developing a training program for the unit that will consist of a short written test to identify the safety and operational aspects the lighting and air system. The program will formalize the current existing training program that has been in use and assure that firefighting personnet are properly trained. Since Firefighters may not be assigned to the unit regularly, we will also establish a refresher class each year to maintain their capabilities. Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit. Since we do not have a formalized training program for the unit at the present time, all Firefighters will be grandfathered into meeting the requirements until the training program is finalized. This process will provide the following options for compensation: If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September 5, 1998, they will receive the identified compensation effective that date. Upon implementation of a formal certification program for the Light Air Unit, these Firefighters will be required to become certified in light air operation. • If, after September 5, 1998, and until the training program for the Light Air Unit is developed and implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers License, they will be eligible for compensation following application. Upon implementation of a formal certification program for the Light Air Unit, these Firefighters will be required to become certified in light air operation. • For Firefighters requesting compensation after the training program for the Light Air Unit is formalized, they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be certified in light air operations. They will be eligible for compensation following application. Note! 1f a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999. HBFA FINAL MOU v.3 43- 4/1912005 EXHIBIT E CITY OF HUNTINGTON BEACH INCOME PROTECTION PLAN This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1 _ The City and HBFA agree that the City shall not provide a City -sponsored LTD Insurance Program for employees represented by HBFA_ 2_ HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a) A copy of the most current audited financial statements. b) A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries; c) A copy of the in -force re -insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only_ HBFA FINAL MOU v.3 -44- 411912005 EXHIBIT F 40156-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE — CURRENT EXCEPTION 40-HOUR FIRE PROTECTION SPECIALIST Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time_ 1000 hours — 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee's 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours — 24 hours = 1376 hours remaining. HI3FA FINAL MOU v.3 4119/2005 -45- EXHIBIT F - Continued 56140-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) 40-HOUR FIRE PROTECTION SPECIALIST Remains the same FIRE PROTECTION SPECIALIST 1S REASSIGNED AS A 56-HOUR FIREFIGHTER PARAMEDIC ACCRUAL RATE Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56- hour rate_ 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection Specialist. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period. HBFA FINAL MOU v.3 4119/2005 -46- EXHIBIT G POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES HBFA FINAL MOU v.3 4/19/2005 -47- RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION COUNCIL MEETING DATE: I May 2, 2005 R V ATT�4 ' E NTS STAT Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,004) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable-----, EXPL,4NATIQN FOR MISSING /l7`TAGHIN€NTS EXPLANAFION-FOR RETIFRN OF ITEM: RCA Author: Irma Youssefieh PUBLIC COIF TS May 20 5 Agenda Item F-2 Good evening. My name is Chuck Scheid. I am a resident of Huntington Beach. Agenda Item F 2 covers a proposed MOU between the City and the Huntington Beach Firefighters Association. I do understand all the arguments about how we must pay our good people more and more or we will lose them to other cities. But it looks like there is no end in sight. The salaries go up and up, bearing no relation to the private sector. This evening I thought I would share with you a chart update I made this weekend of material I originally created around seven years ago. The chart shows the base salary progression of a Step E Firefighter over the time period from July 1971 through October 2006. That is the date the longevity increase of 5.2% is to be put in place in addition to another contract increase that year of 4%. The chart also shows what the firefighters salary would have been had their salary followed the Consumer Price Index. The chart shows that salaries followed the CPI relatively closely for the fifteen years from 1971 up to around 1986. Base salaries then started to depart from the CPI line as you can see on the chart, progressively more and more up to around 1993, when there was a five year period without any salary increase at all. The unions are fond of referring to this flat period regularly to show how bad the city has been relative to salary increases. They seem not to want to consider the huge salary increases for the time periods both before and after the five-year flat spot. And the beat goes on. As the chart shows, after the increases planned in October 2006, the base pay of a firefighter will be around $6505 per month without taking into account overtime, special pay, etc. That's over $78, 000 per year. This will be over $1400 more per month than he would be getting if he had tracked the Consumer Price Index Please note, as shown on the chart, that PIERS pickup is taken into account in calculating these amounts. Something is wrong here Thank you for the time Madame Mayor Chuck Scheid RECEIVED FROM C"3k S�� 364 words (714) 536-7077 As c RECORD FOR CO N+IC1 MEETM of C1TVDLERK OFFICE JOAN L. FLYNN. CITY CLERIC 7000 6000 5000 4000 3000 2000 1000 L98r., FIREFIGHTER STEP E (Includes PERS Pickup) Salary — Per CPI 65051 5093 1 Q ti � ce) to rn o 4 4 4 75 5 0 A City of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: City Clerk FROM: Human Resources SUBJECT: PowerPoint DATE: May 2, 2Q45 The attached replaces the PowerPoint presentation in the agenda packet. F -� Documentl 512/2005 1:03 PM HUNTINGTON BEACH FIRE, DEPARTMEAi`T 14 17 HUNTINGTON BEACH FIRE DEPARTMENT Firefighter Paramedic No Change vs. Proposed Contract Potential Losses And Hirings HUNTINGTON BEACH FIRE DEPARTMENT No Change Hypothetical # 1—June/July 2005 ■ 7 current HBFD vacancies ■ An Orange County agency is hiring 15 FF/PM, HBFD exposure is 7 losses ■ Total HBFD vacancies: 14 * 1 o vacancies is considered a critical loss and results in personnel being forced to work on days off HUNTINGTON BEACH FIRE DEPARTMENT No Change Hypothetical # 2 — November 2005 ■ 7 current HBFD vacancies ■ An Orange County agency is hiring 15 FF/PM, HBFD exposure is 7 losses ■ A City agency is also hiring 15 FF/PM, HBFD exposure is 1-4 losses ■ Current Firefighter Paramedic list has expired ■ HBFD is hiring one Firefighter Paramedic ■ Total HBFD potential vacancies December 2005: 14-17* ■ HBFD will hire to fill FF/PM vacancies starting May 2005 and ending February 2006 * 10 vacancies is considered a critical loss and results in personnel being forced to work on days off HUNTINGTON BEACH FIRE DEPARTMENT Proposed Labor Contract Implemented May 2005 — ■ 7 current HBFD vacancies ■ Total HBFD vacancies by December 2005 with labor contract: 6 ■ HBFD will hire to fill FF/PM vacancies starting May 2005 and ending February 2006 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To: Joan Flynn, City Clerk From: Duane Olson, Fire Chief Date: May 2, 2005 SUBJECT: LATE COMMUNICATION -- Item F-2, May 2, 2005 "Adopt Resolution No 2005-34 Approving MOU between the City and the HBFA for September 25, 2004 through September 24, 2007 Please replace page F-2.9 of Attachment 1 of the subject RCA as originally submitted with the page attached to this memo. DSO/cf ,;; - RECEIVED FROM AASS PUBLIC RECORD F-OOR COUNCILUEETM CITY CLERK OFFICE JOAN L. FLYNN, CITY CLERK r -C�__ documenU HUNTINGTON BEACH FIRE DEPARTMENT HUNTINGTON BEACH FIRE DEPARTMENT Firefighter Paramedic No Change vs. Proposed Contract Potential Losses And Hirings