HomeMy WebLinkAboutAMENDMENT TO EMPLOYMENT AGREEMENT FOR AMBULANCE OPERATOR PER l OLS0 :'C
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Council/Agency Meeting Held: /L f �$
Deferred/Continued to:
LAppr ved ❑ Conditionally Approved ❑ Denied Ci Cl W r igna r
Council Meeting Date: 12/18/2006 Departmen Number: FD 06-014
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO HONORABLE MAYOR AND. CITYe
U CIL MEMBERS
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SUBMITTED BY: PEN Fc PE CU RETH-GRAFT, PA, ITY ADMINISTRATOR
PREPARED BY: DUA�NE OLSON, FIRE CHIE
SUBJECT: APPROVAL OF AMENDMENT TO 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: On August 21, 2006, the City Council approved, an employment
agreement for Ambulance Operator personnel in the Huntington Beach Fire Department,
replacing the previously contracted positions with in-house personnel City staff has now
identified areas of that original agreement which require some amending. These are in the
areas of benefits and working conditions.
Accordingly, it is requested that the City Council approve this amended Ambulance Operator
employment agreement.
Funding Source: FireMed Enterprise business unit 50265403.51000 accounts pertaining
to personnel services.
Recommended Action: Motion to:
Approve the amended Ambulance Operator employment agreement for the Huntington
Beach Fire Department.
Alternative Actions) Do not approve the amended employment agreement and direct
staff accordingly.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/18/2006 DEPARTMENT ID NUMBER: FD 06-014
Analysis: At its August 21, 2006, meeting, the City Council approved an Ambulance
Operator employment agreement for personnel in the Huntington Beach Fire Department,
which replaced contracted positions with in-house personnel. For the previous 13 years,
Ambulance Operators were provided to the City through a personnel services contract with
Employment Systems incorporated.
Recently, City staff identified a number of issues not addressed in the original agreement
related to Ambulance Operator benefits and working conditions. They are:
• Work schedule and overtime: The changes in the work schedule include clarifying
terminology related to daylight savings time, lost time, and shift exchanges. Section 4
of the employment agreement was revised to allow the Fire Chief to establish
reasonable regulations regarding these elements of the work schedule. This change
would have no financial impact. An additional provision was also included to provide
up to two hours of compensation when Ambulance Operators are ordered into work. It
is difficult to determine the cost of this change because it is based on staffing
demands, but the total impact is estimated to be less than $1,000 annually.
• Medical Benefits: Due to increased costs of health and dental insurance, the
maximum benefit amount provided to each Ambulance Operator will increase from
$300'per month to $341 effective January 1, 2007. This coincides with the cost of the
least expensive premiums for employee-only coverage for City health and dental
insurance programs. The total annual cost impact is $12,792.
• ' General Leave: Increased from 176 hours per year to 186 hours. This change is
proposed in order to provide a match to an existing benefit, which would enhance the
Department's ability to recruit and retain qualified Ambulance Operators. The total
annual cost of this change is $1,920 annually.
• Bereavement Leave: Provides for up to two work shifts without pay in the event of
the death of an immediate family member. There would be no cost for this change.
• Court Time: Provides two hours of pay when an Ambulance Operator is required to
be on standby for a court appearance. The total annual cost of this change would
depend upon court summons of Ambulance Operators, but should be very minimal.
Such appearances are infrequent.
These changes are included in the amended employment agreement (Attachment 1). The
cost impact of the proposed changes identified above, and the total cost of providing
emergency'medical transport services for the city Huntington Beach with in-house personnel,
would still be less than the previous practice of using contract personnel.
City Council approval of the amended employment agreement is requested.
Environmental Status: N/A
Attachment(s):
City Clerk's
-2- 12/6/2006'11:11 AM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/18/2006 DEPARTMENT ID NUMBER: FD 06-014
. - Number No. Description1. Amended Employment Agreement for Ambulance Operator Personnel
of the Huntington Beach Fire Department
-3- 12/61200611:11 AM
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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
"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
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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, desires to accept employment as an Ambulance Operator
of the City,
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES.
A. Ambulance Operator: 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 for employment as a Ambulance
Operator for the City;
06-568/4489 biganeh 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 thirty-six (36)
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.
06-568/4489 biganeh 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.
A. 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.
The Fire Chief, at his sole discretion, may establish reasonable regulations regarding daylight
savings time, lost time, shift exchanges, etc. These regulations may be modified and/or updated
from time to time at the sole discretion of the Fire Chief in accordance with Federal, State, and
or local rules governing employment.
B. In the event an Ambulance Operator is ordered into work, he or she will receive a
minimum of one (1) hour and a maximum of two (2) hours of pay at the discretion of the Fire
Chief. Employees workday shall not begin until the employee arrives at the Fire station.
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
06-568/4489 biganeh 4
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.
SECTION 6. OTHER BENEFITS/SPECIFIC EXCLUSIONS.
General Benefits
Ambulance Operator shall also receive the benefits as set forth in Exhibit B, attached
hereto. The benefits established pursuant to the terms of this Agreement shall be goverened by
department policies established by the Fire Chief. A copy of policies regarding this Agreement
are available in the Office of the Fire Chief. 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: Standby Time, Holiday Premium
Pay nor any other benefits contained in any recognized bargaining unit Memorandum of
Understanding.
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.
General Leave
1. Eli ig bility and Approval
The accumulation, use, and cash out of general leave shall be goverened by policies
established by the Fire Chief in writing. In General, leave must be pre-approved by the Fire
Chief or designee except for illness, injury or family sickness, which may require a physician's
statement for approval. General leave accrued time is to be computed from hiring date
anniversary. General leave may be used for any purpose, including vacation, sick leave, and
personal leave.
06-568/4489 biganeh 5
2. Accrual
Ambulance Operators accrue leave at the accrual rates at 7.15 hours per pay period. During
their first year of employment. Ambulance'Operators may be provided a one time front loaded
number of general leave hours not to exceed 130 hours.
Bereavement Leave
Ambulance Operators may receive bereavement leave as follows: In the event of the
death of an immediate family member, Ambulance Operator may take up to two (2) work shifts
without pay (unless general leave is used). Immediate family members are father, mother, sister,
brother, spouce, child, grandfather, grandmother, stepfather, stepmother, stepgrandfather,
stepgrandmother, grandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-
law, sister-in-law, stepchild, or wards of which the employee is the legal guardian.
Court Time
Ambulance Operator who is required to be on standby for a court appearance related to
his or her job duties shall receive two (2) hours of pay for each morning and afternoon court
session.
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.
06-568/4489 biganeh 6
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.
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 ,
200_.
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
06-568/4489 biganeh 7
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:
City of Huntington Beach Ambulance Operator
Attn: Fire Chief Name
2000 Main Street
Huntington Beach, CA 92647 Address
SECTION 13 SEVERABILITY
The invalidity of any portion of this Agreement will not and shall not affect the validity of
any other provision. In the event that any provision of this Agreement is held to be invalid, the
parties agree that the remaining provisions shall be deemed in full force and effect as if they had
been executed by both parties subsequent to the expungement of the invalid provision.
SECTION 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 ,200 ,
CITY OF HUNTINGTON BEACH AMBULANCE OPERATOR
By:
Fire Chief _
APPROVED AS TO FORM:
458110bi aneh $
9
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 44 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.
1
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; and a valid Department of Motor-
Vehicles Ambulance Driver certificate.
2
EXHIBIT B
Benefit Detail
Medical,Dental &Vision Coverage $300 maximum City contribution (cap)
towards medical, dental and vision
coverage. Employee pays any additional
costs for selected coverage. Effective
1/l/07,the maximum City cap will be equal
to the sum of the premiums for Employee
only coverage ' for the least expensive
medical plan and the least expensive dental
plan offered by the City's fully insured
program.
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 &$50,000 City paid coverage. ' Additional
Dismemberment(AD&D)Coverage Life and AD&D coverage is available at the
employee's expense.
California Public Employees' Retirement Enrollment as a Miscellaneous employee i
- System(Ca1PERS) Enrollment the 2% @ 55 formula. Employee pays 7%o
required Employee contribution. Employee
pays $2 per'month ($0.93 bi-weekly) ;fo
1959 Survivor Benefit.
General Leave Accrual 186 hours/year based on actual hours
worked. Maximum accrual is 200 hours.
o cash out provisions apply other than a
separation from employment.
Employee Assistance Program City paid coverage.
Flexible Spending Account Participation is voluntary and funding is
based on employee contributions.
Deferred Compensation Participation is voluntary and funding is
ased on employee contributions.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Fire
SUBJECT: Approval of Amendment to Employment Agreement for
Ambulance Operator Personnel in the Huntington
Beach Fire Department
COUNCIL MEETING DATE: December 18,2006
RCA ATT.TUTS STATUS:r
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 Applicable ❑
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 (1f applicable) Attached ❑
Not Applicable ❑
Commission,;Board or Committee Report (If applicable) Attached ❑
Not Applicable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable ❑
EXPLANATIN FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Assistant City Administrator Initial ( )
City Administrator (Initial) (` )
City Clerk
EXPLANATION FOR RETURN OE.ITEM':
(Below Space For City Clerk's Use Only)
E 62?/QVim , r-
RCA Author: Cameron/Justen/Olson