Loading...
HomeMy WebLinkAboutHuntington Beach Fire Department - 2006-08-21 (2)t X A Council/Agency Meeting Held 2006 _0% -8 FM 2' 34 Deferred/Continued to: Ap roved ❑Conditionally Approved ity r s gnatur Council Meeting Date: 8/21/2006 Departme Number: FD 06-010 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBMITTED BY: PENELO CUL RETH-GRAT DP , CITY ADMINISTRATOR PREPARED BY: DUANE OLSON, Fire Chie SUBJECT: Approval of Employment Agreement for Ambulance Operator Personnel in the Huntington Beach Fire Department Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach current agreement with Employment Systems Incorporated to provide contract Emergency Medical Technician personnel expires September 30, 2006. The City would like to bring the position of Ambulance Operator in- house. The position of Ambulance Operator is excluded from the personnel provisions of Charter Section 403 pursuant to Huntington Beach Municipal Code Chapter 2.26. As such, candidate selected must enter into an employment agreement with the City of Huntington Beach. It is requested that City Council approve the employment agreement form that will be used to employ all Ambulance Operator personnel of the Huntington Beach Fire Department. Funding Source: FireMed Enterprise business unit 50265403 accounts pertaining to salary and benefits. Recommended Action: Motion to: 1. Approve the employment agreement form for Ambulance Operator personnel in the Huntington Beach Fire Department; and 2. Authorize the Fire Chief to execute employment agreements, including six-month extensions of term, for Ambulance Operator personnel in the Huntington Beach Fire Department. Alternative Action(s): Do not approve the employment agreement and direct staff accordingly. 7 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBER: FD 06-010 Analysis: For the past 13 years, Ambulance Operators have been provided to the City through a personnel services contract through Employment Systems Incorporated. Recently, the City Council amended Huntington Beach Municipal Code Chapter 2.76 to include the position(s) of Ambulance Operator as excluded from the personnel system and competitive service requirements of Charter Section 403. As such, the candidate selected must enter into an employment agreement with the City of Huntington Beach. The proposed employment agreement (Attachment 1) establishes an at -will position under the direction of the Fire Chief that does not exceed three years. The Fire Chief may extend the agreement term by up to six months at his discretion. City Council review and approval is requested. Environmental Status: N/A Attachment(s): 1. IEmployment Agreement for Ambulance Operator Personnel of the Huntington Beach Fire Department -2- 8/7/2006 4:57 PM ATTACHMENT #1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THIS AGREEMENT is entered into by and between the City of Huntington Beach, a California municipal corporation, (hereinafter "City") and (hereinafter or "Ambulance Operator") WITNESSETH WHEREAS, the City employed an independent contractor to furnish ambulance emergency driving services to the City; and WHEREAS, the City has increasing need of more detailed control over the daily operations of the City's ambulance operations, including "in-house" deployment, ownership and control over equipment and supplies; supervision and control over schedules and employee selection procedures, hourly rates; direct control over employee assignments and discipline and general daily operating procedures of ambulance operations; and WHEREAS, Huntington Beach Municipal Code Section 2.76.010 has been amended to add subsection (k) Ambulance Operators, to allow the City to employ Ambulance Operators outside the competitive service process; and WHEREAS, the City, through the Fire Chief, desires to employ the services of as an Ambulance Operator for the City of Huntington Beach; and WHEREAS, the City is willing to assume the various costs associated with the examination, interviewing, and investigation of prospective Ambulance Operators and the provision of uniforms and equipment, training, and salary during training for newly -hired Ambulance Operators; and 06-398/3015 1 WHEREAS, it is the desire of the City to provide certain specific benefits, establish certain conditions of employment, and to set working conditions of the Ambulance Operator; and WHEREAS, it is the desire of the City to secure and retain the services of well qualified and motivated Ambulance Operators and to provide inducement to remain in such employment only for a limited time and to provide a means for terminating the Ambulance Operator's service at such time as he/she may be unable to fully discharge his/her duties due to disability or when City may otherwise desire to terminate his/her employ; and WHEREAS Ambulance Operator of the City, desires to accept employment as an NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES. A. Ambulance Operator: Ambulance Operator agrees to possess the minimum qualifications and perform the functions and duties set forth in Exhibit A, attached hereto and incorporated herein by reference, and to perform other legally permissible duties and functions as the Fire Chief shall from time to time assign. At all times, Ambulance Operator will staff City Ambulances with at least one other Ambulance Operator as directed by the Fire Chief. Ambulance Operator shall not be considered firefighters or public safety employees. The Ambulance Operator shall devote his/her full attention and effort to the office and perform the mentioned duties and functions in a professional manner. The Ambulance Operator shall at no time assume duties related to fire prevention or the staffing of fire apparatus. However, in addition to driving an ambulance, Ambulance Operators may be required to operate pool and/or other utility vehicles. B. City agrees: (1) to consider Operator for the City; for employment as a Ambulance 06-398/3015 2 (2) to administer various examinations, background checks, and/or any other pre -employment screening at the sole discretion of the Fire Chief, in order to determine whether Ambulance Operator is an appropriate candidate for employment as an Ambulance Operator for the City; (3) to provide Ambulance Operator with any uniforms, tools and equipment as the Fire Chief, in his sole discretion deems appropriate; (4) to provide Ambulance Operator such training and instruction as the Fire Chief, in his sole discretion, deems appropriate; and (5) to pay Ambulance Operator full wages during the period where the Ambulance Operator is employed by the City. SECTION 2. STATUS AND TERM. A. The City, pursuant to Huntington Beach Municipal Code section 2.76.010(k), excludes Ambulance Operators from the City personnel and competitive service systems. As such, the Ambulance Operator is not part of the City's comprehensive personnel system as set forth in the Huntington Beach Charter Section 403. B. The Ambulance Operator shall serve for a term not to exceed months from the date of execution of this Agreement; however, Ambulance Operator shall be considered an at -will employee of the City and as such, said position may be terminated at any time at the pleasure of the Fire Chief. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Fire Chief to terminate the employment of the Ambulance Operator at any time. C. The term of this Agreement may be extended for a time period not to exceed six (6) months upon a writing executed by the Fire Chief and the City Attorney. D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Ambulance Operator to resign from his/her position with the City by providing written notice 30 days prior to resignation. E. Ambulance Operator agrees to remain in the exclusive employ of City during the term of this Agreement as set forth in this section and shall neither accept other employment nor become employed by any other employer without the prior written approval of the Fire Chief until notice of resignation is given. 06-398/3015 3 The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self employment; however, it shall not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Ambulance Operator's time off, and with the advance approval of the Fire Chief. SECTION 3. SALARY. City agrees to pay Ambulance Operator for his/her services rendered pursuant to this Agreement at $8.00 per hour. SECTION 4. WORK SCHEDULE/OVERTIME. It is understood that the Fire Chief at his/her sole discretion may establish a work period for each Ambulance Operator. Such schedule will comply with requirements of the Fair Labor Standards Act (FLSA) and to the extent practicable, will not result in overtime compensation as part of a normal work schedule. To the extent required by federal and state labor laws and/or regulations, the City agrees to provide Ambulance Operator overtime based upon a 40 hour work week. FLSA "non-exempt" employees shall receive overtime pay for hours worked over forty (40) hours in a work week at time and one half of the time employee's FLSA regular rate of pay. SECTION 5. PUBLIC EMPLOYEES' RETIREMENT SYSTEM A. Ambulance Operator Contribution Ambulance Operator shall pay 7% of his/her salary toward the Public Employees' Retirement System ("PERS") B. Two Percent at Age 55 Formula Ambulance Operators shall be covered by the two percent at age 55 formula (2% @ 55) as identified in Government Code Section 21354. C. Pre -Retirement Optional Settlement 2 Death Benefit Ambulance Operators shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as identified in Government Code Section 21548. 06-398/3015 4 SECTION 6. OTHER BENEFITS/SPECIFIC EXCLUSIONS. Ambulance Operator shall also receive the benefits as set forth in Exhibit B, attached hereto. Ambulance Operator agrees and understands that he/she is not part of the competitive service system and not part of any recognized bargaining unit in Huntington Beach. As such only the benefits specifically defined in Exhibit B are applicable. Ambulance Operator is not entitled to benefits such as: Call Back Time, Standby Time, Court Time, Holiday Premium Pay nor any other benefits contained in any recognized bargaining unit Memorandum of Understanding. Further, Ambulance Operator may not administratively appeal, grieve or protest any discipline or any other condition of employment pursuant to Huntington Beach Municipal Code and/or Personnel Rules. SECTION 7. TERMINATION/RESIGNATION. In the event Ambulance Operator voluntarily resigns his/her position, the Ambulance Operator shall give City written notice at least thirty (30) days prior to the last workday, unless the Fire Chief and Ambulance Operator otherwise agree. It is understood that after notice of termination in any form, Ambulance Operator and City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. Ambulance Operator's employment with the City is "at will", as such the Fire Chief at his sole discretion for any reason may terminate employment. SECTION 8. LEAVE OF ABSENCE The Fire Chief, at his sole discretion, may grant a two leave of absences to the Ambulance Operator to attend basic firefighter academy and/or paramedic training. In order for a leave of absence to be considered by the Fire Chief, the Ambulance Operator must provide written notification to the Fire Chief 30 days in advance of the start date of the requested leave. The notification must provide the length of the leave, the date the leave will begin and end, and the reason for the requested leave. The time during which the Ambulance Operator is on leave will not be counted toward the term of this Agreement. Any additional time spent on leave of absence will be counted toward the term of the Agreement. 06-398/3015 5 SECTION 9. INDEMNIFICATION. City shall defend and indemnify the Ambulance Operator against any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Ambulance Operator's duties as an employee or officer of the City, other than an action brought by the City against the Ambulance Operator or an action filed against the City by the Ambulance Operator. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of the Ambulance Operator should the Ambulance Operator be subject to such, should an action be pending after termination of the Ambulance Operator. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Ambulance Operator, and pay the amount of any settlement or judgment rendered on that action. Ambulance Operator shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 10. GENERAL PROVISIONS. A. The text here shall constitute the entire Agreement between the parties. B. This Agreement shall become effective commencing C. If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. No amendment of this Agreement shall be effective unless in writing and signed by both parties here. SECTION 11. ACKNOWLEDGEMENT acknowledges that he/she has examined this Agreement that he/she has read and understands this Agreement, and he/she has the right to consult an attorney prior to entering this Agreement. SECTION 12. NOTICE Any notice that may be required by this Agreement shall be sent to the parties at the addresses below: 06-398/3015 6 City of Huntington Beach Attn: Fire Chief 2000 Main Street Huntington Beach, CA 92647 SECTION 13 SEVERABILITY Ambulance Operator Name The invalidity of any portion of this Agreement will not and shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. SECTION 14 MODIFICATION No modification of this Agreement shall be binding unless evidenced in writing and signed by both parties. IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its Fire Chief, and the Ambulance Operator has signed and executed this Agreement, both in duplicate, on CITY OF HUNTINGTON BEACH Fire Chief APPROVED AS TO FORM: City Attorney ) 0 & AMBULANCE OPERATOR �11 06-398/3015 7 EXHIBIT A AMBULANCE OPERATOR DUTIES AND REQUIREMENTS DUTIES SUMMARY To provide emergency ambulance transport services to the City of Huntington Beach. DISTINGUISHING CHARACTERISTICS The non-safety/non-firefighter position of Ambulance Operator works under the supervision of a fire captain and the overall direction of an ambulance program coordinator to perform Ambulance Operator duties as directed. EXAMPLES OF ESSENTIAL DUTIES In part, the Ambulance Operator will be required to perform the following job tasks: operate city owned ambulances and other department vehicles as directed, including driving to and from medical emergencies as part of the ambulance transportation team; perform appropriate field procedures utilizing EMT-1 level skills such as attaining and documenting vital signs, bandaging, splinting, lifting patients into ambulance and assisting paramedics as directed; maintain and inventory emergency ambulance supplies, equipment and routine vehicle parts; support patient billing operations; operate within federal, state, county and city laws and regulations and guidelines including the Health Insurance Portability and Accountability Act; attend and successfully complete department and hospital training sessions and drills; participate in station and equipment clean-up, and perform other assignments as directed. WORK PERIOD In general, Ambulance Operator will work a 24-hour, rotating shift, for an average 56-hour work week. To the extent required by federal and state labor laws and/or regulations, the City agrees to provide the Ambulance Operator with overtime pay based upon a 40 hour work week. As FLSA "non-exempt" employees, Ambulance Operators shall receive overtime pay for hours worked over forty (40) hours in a work week at time and one half of the time Ambulance Operators FLSA regular rate of pay. MINIMUM QUALIFICATIONS Any combination of education, training and experience that will provide the knowledge, skills and abilities to successfully perform in the position as determined by the Fire Chief. A typical combination includes but is not limited to: Knowledge of: (1) Applicable federal, state, county and Huntington Beach regulations, practices and procedures; (2) principles of emergency ambulance and transportation procedures including first aid, resuscitator and gurney operations; safe emergency work practices (3) infectious control procedures; (4) emergency radio communication procedures; (5) medical terminology and documentation; and, (6) emergency vehicle maintenance and operation, including all applicable federal and state driving licenses. Ability to: (1) Read electronic and incident maps and follow map directions; (2) work effectively in difficult and hazardous emergency situations and environments and carry out work assignments as instructed; (3) safely and properly transport patients during ambulance transportation; (4) follow oral and written instructions; (5) communicate effectively with the public and fellow employees. Education: High School diploma or equivalent. Experience: Preferred graduate of a 240-hour California Fire Academy or equivalent; or Fire Technology course work at the college level; education and experience directed toward a career in the Fire Service. Licenses/Certificates: Possession of a valid California driver's license -Class C; possession of a current California EMT-1 certificate with a current CPR card; prior to appointment, possession of a current ambulance attendant license from Orange County EMS. 2 EXHIBIT B CITY OF HUNTINGTON BEACH AMBULANCE OPERATOR BENEFITS Benefit Detail Medical, Dental & Vision Coverage $300 maximum City contribution towards medical, dental and vision coverage. Employee pays any additional costs for selected coverage. Long Term Disability (LTD) Coverage City paid coverage. ICA (Medicare) 1.45% paid by Employee and 1.45% paid by City. Life and Accidental Death & City paid coverage. Dismemberment (AD&D) Coverage California Public Employees' Retirement Enrollment as a Miscellaneous employee ill System (Ca1PERS) Enrollment the 2% @ 55 formula. Employee pays 7% required Employee contribution. Employee pays $2 per month ($0.93 bi-weekly) for 1959 Survivor Benefit. General Leave Accrual 176 hours/year (6.78 hours bi-weekly) base on actual hours worked. Maximum accrual i 200 hours. No cash out provisions apply other than at separation from employment. RCA ROUTING SHEET INITIATING DEPARTMENT: Fire SUBJECT: Approval of Employment Agreement for Ambulance Operator Personnel in the Huntington Beach Fire Department COUNCIL MEETING DATE: August 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ( ) City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM: I RCA Author: Cameron/Justen/Olson