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Resolution 2010-33 RESOLUTION NO. 2010-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT BETWEEN THE CITY OF GILROY AND THE GILROY FIREFIGHTERS ASSOCIATION, IAFF, LOCAL 2805, CONTAINING AGREED UPON SALARY AND BENEFIT CONCESSIONS THE CITY COUNCIL OF THE CITY OF GILROY HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City continues to experience revenue losses for a sustained period of multiple years, therefore, revenues are not keeping pace with expenditures; and WHEREAS, the local, state, and national economy continues to see unprecedented economic losses, substantially declining property values, and declining sales tax revenue as consumers curtail spending. As a result, the City has experienced significant revenue losses and expects these losses to continue for multiple years; and WHEREAS, the City has made approximately $12 million in expenditure cuts through spending reductions, layoffs, and concession agreements with employee groups since 2008; and WHEREAS, the City requested to meet and confer with the Gilroy Firefighters, IAFF, Local 2805 in an effort to find solutions to the City's financial situation; and WHEREAS, the Gilroy Firefighters, IAFF, Local 2805 agreed to meet and confer and discuss possible cost saving measures; and WHEREAS, the Gilroy Firefighter, IAFF, Local 2805 concluded their discussions with the City; and WHEREAS, an Agreement outlining cost saving measures for the Gilroy Firefighters, IAFF, Local 2805 was ratified by the Local 2805 membership; and RESOLUTION NO. 2010-33 WHEREAS, the Gilroy Firefighters, IAFF, Local 2805 has made wage and benefit concessions to the existing Memorandum of Understanding between Local 2805 and the City of Gilroy in the amount of 13.79% or approximately $730,800 for fiscal year 2010-11 and the City has agreed to implement a minimum staffing model of nine fire personnel per shift representing a projected cost increase of 6.6% or approximately $350,000 for a net decrease in the fire operating and associated budgets of approximately $381,000 for fiscal year 2010-11; and WHEREAS, details of the Agreement between the City and the Gilroy Firefighters, IAFF, Local 2805 are included in Exhibit # 1 to this resolution. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GILROY approves the Agreement and agrees that the City Administrator has the authority to implement the Agreement and create any necessary administrative or budgetary actions necessary for implementation. PASSED AND ADOPTED this 19th day of July, 2010, by the following roll call vote: AYES: COUNCILMEMBERS: and PINHEIRO BRACCO, DILLON, TUCKER, WOODWARD NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GARTMAN ARELLANO APPROVED: ~. RESOLUTION NO. 2010-33 Exhibit 1 City of Gilroy and IAFF Local 2805 Supplemental Agreement on All Issues Pursuant to Section 7.b. (Reopener) of the June 2009 Supplemental Agreement between the City of Gilroy ("City") and the International Association of Fire Fighters, Local 2805 ("IAFF" or "Union"), the parties have met and conferred in good faith and agreed to the following changes to the Memorandum of Understanding ("MOD") between the parties dated January 1,2008 through December 31, 2011. This document is intended to supersede any inconsistent provisions of the original MOD, any supplemental agreements, and -any side letters to the MOD. All other terms and conditions in the existing MOD and the June, 2009 Supplemental Agreement shall remain in full force and effect unless modified by this Supplement Agreement. The City and IAFF agree to amend the MOU as follows: 1. EPMC. The parties agree that the City will discontinue payment of the Employer Paid Member Contribution. All bargaining unit employees will pay the 9% employee contribution through salary deduction. Article N Salary and Other Compensation, Section B Retirement Contribution will be amended as follows: Section B: Retirement Contribution: The City shall pay the employees' individual retir-ement contribution of nine (9%) percent The City will report the employer paid member coBtribution (EMPC) to PERS as special compeasation. The City shall pay the City portion and the employee portion of the retirement costs on the EPMC. Effective July 1.2010. all bareainine unit employees will be responsible for payin!! the 9% member retirement contribution. 2. Retirement Formula. Employees hired after Council adoption of the required PERS contract amendment paperwork will be subject to the 2%@55 retirement formula (highest 3 years) Article VII Miscellaneous, Section Q Retirement will be amended as follows: Section Q: Retirement: 1. The retirement plan with current options; including the employees paid additional military service credit option, the single highest year option, and the PERS Level IV Survivor's benefit shall remain in effect for employees hired before the Council adoption noted above. 2. The CalPERS Safety 3% at 55 option was implemented effective November 1,2007. 3. All employees hired after the Council adoption noted above in item #1 shall receive the 2 % @55 retirement benefit. hi!!hest three (3) years. employees paid additional military service credit option. and PERS Level IV SurviVOl"S benefit. Page 1 of7 City of Gilroy and IAFF Local 2805 Supplemental Agreement 3. Salaries: The parties agree to eliminate salary increases for fiscal year 2009-2010,2010-11, and 2C 12. Article IV Salary and Other Compensation, Section A Salaries will be amended as follows: Section A: Salaries: Salary schedules in effect on December 31,2007 shall be increased by one and one half (1.5%) percent effective January 1,2008 for all bargaining unit members. Salary schedules in effect June 30, 2008 shall be increased by one and one half (1.5%) effective July 1, 2008 for all bargaining unit members. Salary schedules in effect on December 31, 2008 shall be increased by one and one half (1.5%) percent effective January 1,2009 for all bargaining unit members. Salary scbedules in effect J one 30, 2009 shall be increased by ORe and one half (1.S % ) effective July 1,2009 for all bargaining unit members. Salary schedules in effect on January 1.2009 shall remain in effect throueh June 30. 2009. To accommodate the furlouehs for the 2009-10 Salary schedules in effect June 30. 2009 shall be temporarily reduced by four point nine four percent (4.94 % ) effective July 1. 2009 for all bareainine unit members. Salary schedules in effect Oft December 31, 2009 shall be increased by ORe and onc half (1.5 % ) percent eff-eetive January 1, 2010 for all hargainiag Bnit members. Salary schedules in effect June 30, 2010 shall be increased by one and one half (1.5 %) four point nine four percent (4.94%) effective July 1,2010 for all bargaining unit members. The increase reflects the restoration of the 4.94 % reduction for Fiscal Year 2009-10. Salary Schedules in effect on July 1.2010 shall remain in effect for the term of this aereement. Salary schedules in effect OR Dec-ember 31, 2010 shall be increased by ORe and one half (1.5 %) pereent effective January 1, 2011 for all bargaining unit members. Salary schedules in eff-ect June 30,2011 shall be increased by one and one half (1.5 % ) effective July 1, 2011 for all bargaining Bait members. These increases are shown iR the attacbed Salary Schedules, attached hereto as Exhibit ~ 4. Personal Leave: The parties agree to eliminate one Personal Leave day for fiscal years 2009-2010. 2010-11. Modify Article VI Leaves, Section E Personal Leave to read as follows: Page 2 of7 City of Gilroy and IAFF Local 2805 Supplemental Agreement Section E: Personal Leave: Each employee will be granted personal leave each fiscal year. This leave is credited and available to the employee on July 1 of each fiscal year and is not cumulative. Personal leave allotments are as follows: a. Either 8 or 16 hours, for forty (40) hour workweek employees, per fiscal year, based on the new hire start date and then 15 hours per fiscal year thereafter. In fiscal years 2009-2010 and 2010-11. 40 hour work week employees shall only be eranted 8 hours for personal leave. b. 24 hours, for shift schedule employees, per fiscal year. In fiscal years 2009-2010 and 2010-11, shift schedule employees shall not be eranted any personal leave. S. Uniform Allowance: The pm ties agree to suspend the uniform allowance for fiscal years 2009-2010 and 2010-11. Modify Article VII Miscellaneous, Section A Uniform Allowance to read as follows: b. Each employee will receive Six Hundred Seventy Dollars ($670) uniform allowance per year paid in mid-July. Newly hired employees shall receive a prorated uniform allowance during the first year of their employment. The City shall not pay uniform allowance in fiscal years 2009-2010 and 2010-11. Uniform allowance shall resume in fiscal year 2011-2012. 6. Medical Evaluations: The parties agree to suspend non-mandatory annual medical evaluations for fiscal years 2009-2010 and 2010-11. Modify Article VII Miscellaneous, Section B Physical Examinations to read as follows: 1. The City will provide members of Local 2805 with a periodic medical evaluation based on a mutually agreed upon frequency (some will be annual, others will be less frequent) (see attached protocol sheet for elements of the evaluation - attached as Exhibit C) from a doctor at a medical facility that is selected by the City after input from Local 2805 is considered. The City shall attempt to schedule evaluations when the employee is on duty. If the City is unable to schedule the evaluation when the employee is on duty, the employee will be paid overtime (1.5 times the regular rate) for completing the evaluation when off duty. The City shall work with the medical facility to schedule medical evaluations throughout the year with the goal of establishing an annual schedule for the evaluations. The City shall not provide any non-mandatory medical evaluations in fiscal years 2009-2010 and 2010-11. 7. Physical Fitness Incentive: The parties agree to eliminate fitness testing for fiscal years 2009-2010 and 2010-11. Modify Article VII Miscellaneous, Section C Physical Program to read as follows: All points earned through the program will be paid as a financial incentive at the rate of twenty-five dollm's ($25.00) per point to a maximum of seven hundred and fifty dollars ($750.00) bi-annually. The Physical Fitness Program information is attached as Exhibit E. The City shall suspend the Physical Page 3 of7 City of Gilroy and IAFF Local 2805 Supplemental Agreement Fitness Incentive proeram and the affiliated testine for fiscal years 2009-2010 and 2010-11. The proeram shalll'esume in fiscal year 2011-2012. 8. Staffing. Effective upon implementation of the reduction of EPMC, the City agrees to maintain a minimum complement of nine (9) fire suppression personnel at all times, Engines and TlUcks may be staffed with three (3) personnel. Modify Article X Staffing to read as follows: Section A~ Fire Apparatus Definitions. 1. Engine - Fire apparatus that pump and deliver water and perform basic fire fighting at fires, including search and rescue are known as Engine apparatus. 2. Truck/Ladder - Fire apparatus that perform a variety of services associated with tlUck work, such as forcible entry, ventilation, search and rescue, aerial operations for water delivery and rescue, utility control, illumination, overhaul and salvage work shall be known as TlUck or Ladder apparatus. This shall include fire apparatus with a permanently mounted fire pump, a water tank, a hose storage area, an aerial device with a permanently mounted waterway, and a complement of ground ladders. 3. Rescue/Squad - Fire apparatus that perform a variety of services including: EMS response and transport, vehicle extrication, portable lighting and other fire ground support services. The vehicle may include a permanently mounted light boom and generator, and may carry rescue equipment as well as other equipment as determined by the Fire Chief. 4. Ambulance A vehicle designed and operated for transportation of ill and injured persons, equipped and staffed to provide for first aid or life support measures to be applied during transport. 5. Wildland Type 3 and Type 4 Fire Engines that can deliver and pump water and extinguishing agents at the scene of a wildland fire shall be known as wildland apparatus. 6. Quick Response Vehicle (QRV) - A Quick Response vehicle such as a Sport!s Utility Vehicle (SUV), Pick-up Truck or similar vehicle designed, operated and, equipped to provide EMS first- response service not including transportation for ill and injured persons. Section B. Additional Definitions. 1. Company - A company is a group of members (1) under the direct supervision of an Officer or acting Officer; (2) Trained and equipped to perform assigned tasks; (3) On apparatus' (41 identified as Engine, TlUcklladder, Rescue/Squad. Ambulance. Wildland. QRV. or Taskforce. 2. Task Force - Multiple apparatus operating as a Company that are dispatched and arrive together, continuously operate together, and are managed by a single fire company Officer or acting Page 4 of7 City of Gilroy and IAFF Local 2805 Supplemental Agreement Officer. The City shall have the discretion to split a Task Force (1) for short duration administrative needs, such as refueling; and (2) in the event of subsequent incidents. 3. Minimum Staffing. City firefighting apparatus when operated as a single Company shall be staffed with bargaining unit personnel in the following manner: Engine Minimum of faur (4) three (3) personnel, as follows: 1 Captain, 1 Engineer, and~.! Firefighter I/TI (or equivalent with acting assignments). Not withstanding f...rtiele X, B, 3., the City may deploy one Engine, 91' a Wildlaad Type 3 to he used as a jump rig, (a third eagine in the City) staffed with three personnel: oae Captaia, ane EBgiBcer, and one Firefighter IJII.. Truck/Ladder Minimum of foar (4) three (3) personnel, as follows: 1 Captain, 1 Engineer, and ~ LFirefighter I/II (or equivalent with acting assignments). Task Force. Minimum of four (4) personnel, two members per unit, as follows: 1 Captain, 1 Engineer, and 2 Firefighters I/II (or equivalent with acting assignments). Rescue/Squad Minimum of two (2) personnel, as follows: 1 Captain and 1 Fire Engineer (or equivalent with acting assignments). Ambulance Minimum of two (2) personnel, as follows: 1 Captain and 1 Firefighter I/II (or equivalent with acting assignments). Quick Response Vehicle (QRV) Minimum of two (2) personnel, as follows: 1 Captain and 1 Firefighter IIII (or equivalent with acting assignments). Wild land Type 3 Minimum offoRr (4) three (3) personnel, as follows: 1 Captain, 1 Engineer, and-2..! Firefighter IIII (or equivalent with acting assignments). Wildland Type 4 Minimum of two (2) personnel, as follows: 1 Captain and 1 Firefighter IIII (or equivalent with acting assignments). EXCEPTION: Wildland Type 4 The Wildland Type 4 shall be used eitheF (a) as part of a Company in Task Force Configuration, or (b) in "overstrength" situations when the current configuration staffing levels have been met, ef (c) as the primary back up to the Rescue when the Rescue has been placed "temporarily" out of service for mechanical reasons, or (d) as a "jump rie." I. If the unit is placed in service as a back up to the Rescue, any fire call would be cause for a dual unit response with another City of Gilroy Engine. 2. When used in overstrength situations, The Wildland Type 4 may patrol by itself and may travel between Districts. However, it shall not be dispatched independently on 9-1-1 calls. Page 5 of7 City of Gilroy and IAFF Local 2805 Supplemental Agreement The City agrees that whenever the Type 4 is dispatched on a 9-1-1 call, an Engine, or TrucklLadder shall also be dispatched simultaneously. Once either apparatus arrives at the fire scene, the Incident Commander shall have the discretion to cancel the second apparatus before it arrives. 3. When used as a iump rie. the Wildland Type 4 will be staffed with three personnel: one Captain, one Eneineer. and one Firefiehter IIII to provide wildland response within the City of Gilroy. In this confieuration. the Wildland Type 4 will operate out of the same station as an Eneine and the Captain will have the discretion to respond to calls for service either with the Eneine or with the Wildland Type 4. Section C. Strike Teams Participation in Strike Teams or Assists for Hire are subiect to the discretion of the Fire Chief. In the event the Chief determines it is avpropriate to participate in a Strike Team or Assist for IDre, the assienment shall consist or four (4) personnel on each deployed apparatus (1 Captain. 1 Eneineer, and 2 Firefiehter I1I1), so lone as the hirine aeency will compensate the City to backfill four (4) personnel at the appropriate ranks. 9. Mediation. The parties agree to mediation prior to interest arbitration. Add the following to the end of Article XN Term: The City and the Union aeree that prior to any interest arbitration proceedine pursuant to the Gilroy City Charter the parties will eneaee in non-bindine mediation facilitated throueh the California State Mediation and Conciliation Service. 10. [New Section] Charter Amendment The City Council shall not place before the voters nor support. any initiative measure to repeal. modify or chanee any portion of the Gilroy City Charter providine for bindine interest arbitration for firefiehters employed by the City of Gilroy durine the term of this aereement. The Union shall not seek to Qualify for the ballot nor support any initiative measure to amend the Gilroy City Charter affectine labor relations or matters within the scope of representation durine the term of this aereement. Page 6 of7 City of Gilroy and IAFF Local 2805 Supplemental Agreement 11. MOU Term. Extend MOU Term by 18 Months to June 30, 2013. Article XIV Term, will be amended as follows ARTICLE XIV. TERM This Memorandum of Understanding represents the entire Agreement between CITY and Local 2805 on subjects contained herein and shall become of full force and effect on January 1, 2008, unless otherwise noted, and shall continue in full force and effect until midnight December 31, 20ltJune 30, 2013. The City and Local 2805 will meet to begin sharing information no later than Au.gU:st 1, 2011Februarv 1. 2013. Local 2805 shall provide the CITY with its proposals for the period beginning J8H1l8ry 1, 2012, July 1. 2013 no later than September 1,2011 March 1.2013. The CITY and Local 2805 will begin the meet and confer process no later than September IS, 20lt March 15.2013. For the City of Gilroy: Thomas Haglund, City Administrator JiJ. Buessin / J / ice President Dale Foster, Fire Chief LeeAnn McPhillips, Human Resources Director Kevin Bebee, Executive Board Member Charles Salmi, Negotiations Counsel Michael Botill, Executive Board Member Cliff Colyer, Executive Board Member Scott MacDonald, Executive Board Member Page 7 of7 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-33 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of July, 2010, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of July, 2010. (Seal)