HomeMy WebLinkAboutCity Council - 2019-95 RESOLUTION NO. 2019-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA), BY
ADOPTING THE SIDE LETTER OF AGREEMENT
WHEREAS, on April 4, 2016, the City Council of Huntington Beach adopted Resolution
No. 2016-20 for the purpose of adopting the Memorandum of Understanding (MOU) between
the City and the Huntington Beach Fire Management (FMA); and
Subsequent to the adoption of the MOU, the City of Huntington Beach and FMA agreed
to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of
Agreement between the City of Huntington Beach and FMA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. The Side Letter of Agreement attached hereto as Exhibit A is approved and
adopted.
2. The Side Letter of Agreement amends the MOU between the City of Huntington
Beach and FMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the t 6M day of Dec-ew , 2019.
ay r
V �N APP�D: INITIATED AND APPROVED:
City Manager Assistant City-'Manager
APPROVED AS
ity Attorney
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kOES'd AID. 201 e?- 15-
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CITY OF HUNTINGTON BEACH
SIDE LETTER AGREEMENT
Representative of the Fire Management Association("FMA") and the City of Huntington Beach
("City") herby agree amend the FMA MOU with respect to the Alternative Dispute Resolution
Agreement as follows:
SUPPLEMENTAL LABOR MANAGEMENT WORKERS' COMPENSATION
ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE FIRE MANAGEMENT ASSOCIATION
This "Side Letter" shall update the existing language related to the Alternate Dispute Resolution
Agreement ("Agreement") that is currently in effect by and between the City of Huntington Beach
("City") and the Fire Management Association("FMA") pursuant to California Labor Code Section
3201.7(a)(3)(c).
Pursuant to this Side Letter, "Article IV. Medical Provider" of the Agreement shall be amended to
include "Section H. Industrial Disability Retirements," and "Section 1. Use of IME When Medical
Disputes Exist," as outlined below:
H. Industrial Disability Retirements
a. The City and FMA recognize that the ADR process can also be utilized to obtain a
competent medical opinion as it relates to determining an employees' eligibility for
an Industrial Disability Retirement(IDR), pursuant to California Government Code
Sections 21154 and 21156(a)(2).
b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City and the
FMA shall meet and confer to identify an agreed-upon listing of IMEs to serve as the
competent medical examiner in reviewing an employees' eligibility for an IDR.
I Use of IME When Medical Disputes Exist
a. An IME shall be used for all medical disputes that arise in connection with a workers'
compensation claim, including but not limited to determination of causation, the
nature and extent of an injury, the nature and extent of permanent disability and
apportionment, work restrictions, ability to return to work, including transitional duty,
future medical care, and resolution of all disputes arising from utilization review,
including need for spinal surgery pursuant to Labor Code section 4062(b).
b. Furthermore, City and FMA agree that IME reports will be admissible in any
proceeding and/or hearing involving an injured employee.
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219138/19-8270
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to
be executed by and through their authorized officers on L r— 2_31 Zo[ I
Fire Management Association City of Huntington Beach
Marty O iz J Oliver Chi
President City Manager
Dated: Dated:
Tim AVdrJ ravis Hopkins
Vice lesident Acting Assistant City Manager
Dated: Dated:
avid Segura
Fire Chief
Dated:
APPROVED AS TO FORM:
chael Gates Ciity
Attorney
Dated:
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219138/19-8270
Res. No. 2019-95
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 16, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Delgleize , Hardy
NOES: None
ABSENT: Posey
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California