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HomeMy WebLinkAbout06 - Side Letter of Agreement to the MOU with Newport Beach Firefighters AssociationTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report June 25, 2019 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov Barbara J. Salvini, Human Resources Director - 949-644-3259, bsalvini@newportbeachca.gov PREPARED BY: Barbara J. Salvini, Human Resources Director, bsalvini@newportbeachca.gov PHONE: 949-644-3259 TITLE: Resolution No. 2019-58: Approving the Side Letter of Agreement to the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association ABSTRACT: The City and the Newport Beach Firefighters Association (NBFA) are currently parties to a Memorandum of Understanding ("MOU") for the period January 1, 2019 through December 31, 2021. This MOU addresses wages, benefits and other terms and conditions of employment, which are subject to collective bargaining as required under the Meyers-Milias-Brown Act, California Government Code sections 3500-3510. Since entering into the agreement, the City Council adopted the City's FY 2019-20 budget which includes the exchange of three full-time firefighter positions to three full-time firefighter paramedic positions. The staffing change upgrades Engine 65, located at the Corona Del Mar Fire Station from a Basic Life Support (BLS) Unit to a Paramedic Assessment Unit (PAU), capable of providing Advanced Life Support services. The conversion will enhance the delivery of paramedic services to city residents and visitors. Because the newly proposed service model affects terms and conditions of employment for NBFA employees, the City and NBFA representatives have met and conferred in good faith and agreed upon revisions to the MOU which are set forth in the proposed Side Letter Agreement (Side Letter). The proposed Side Letter is presented for the City Council's approval and adoption and is the final step in the meet and confer process to amend the NBFA MOU. Included in the recommendation for approval of the Side Letter are the associated salary schedules. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and 6-1 Resolution No. 2019-58: Approving the Side Letter of Agreement to the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association June 25, 2019 Page 2 b) Resolution No. 2019-58, A Resolution of the City Council of the City of Newport Beach, California, Approving the Side Letter of Agreement to the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association. FUNDING REQUIREMENTS: The adopted FY 2019-20 budget includes sufficient funding for this purchase. It will be expensed to the Fire Operation's salary and benefit accounts in the Fire Department. DISCUSSION: The City is continually looking for ways to improve efficiencies and maximize services provided to residents and visitors. The newly adopted FY20 Budget contains funding to upgrade the service capabilities at the Corona Del Mar Fire Station to offer Advanced Life Support (ALS) services. Specifically, the FY20 Budget provides for the exchange of three full-time firefighters for three full-time firefighter paramedics on Engine 65. The staffing change upgrades Engine 65, located at the Corona Del Mar Fire Station from a Basic Life Support (BLS) Unit to a Paramedic Assessment Unit (PAU), capable of providing Advanced Life Support (ALS) services. The conversion from a Basic Life Support (BLS) Unit to a Paramedic Assessment Unit (PAU) will enhance the delivery of paramedic services to City residents and visitors alike. City and NBFA representatives have met to discuss the modified service model and agreed upon revisions to the MOU which are set forth in the proposed Side Letter Agreement (Side Letter). Currently, firefighter paramedics who were hired prior to January 1, 2016 receive an additional 22.25% of base pay over firefighters which is incorporated into a separate salary range from firefighter. Firefighters working as paramedics hired on or after January 1, 2016 are not placed in the firefighter paramedic classification; rather, they receive an additional 17.25% of base pay as an assignment pay when assigned to paramedic duties. The City and NBFA representatives have revisited this compensation structure and agreed that firefighters working as paramedics hired on or after January 1, 2016 will be placed in a firefighter paramedic classification with its own salary range. Instead of receiving the 17.25% paramedic pay as an assignment pay, it will be incorporated into a salary range. Essentially, the Side Letter calls for one classification, firefighter paramedic, with two different salary ranges based on date of hire. Those firefighter paramedics hired prior to January 1, 2016 are compensated using a current salary range which incorporates an additional 22.25% of firefighter base salary into the salary range. If the Side Letter is approved, firefighters assigned to paramedic duties who are hired on or after January 1, 2016 will be compensated using a proposed salary range which incorporates an additional 17.25% of firefighter base salary into the salary range. The proposed Side Letter captures the City's desire to enhance paramedic services in a fiscally responsible manner by creating a lower, second tier salary range for newer hires. 6-2 Resolution No. 2019-58: Approving the Side Letter of Agreement to the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Firefighters Association June 25, 2019 Page 3 If the City Council approves adoption of the resolution to the Side Letter Agreement, staff from the Fire Department, Human Resources Department and Finance Department will implement the associated changes as soon as practicable, with the intention of implementing the changes by the pay period following its adoption by the City Council. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2019-58 Attachment B — Side Letter Agreement with the NBFA (redline) Attachment C — Side Letter Agreement with the NBFA (clean) 6-3 ATTACHMENT A RESOLUTION NO. 2019-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION WHEREAS, the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("NBFA") have entered into a Memorandum of Understanding ("MOU") regarding wages, benefits, and other terms and conditions of employment for the period January 1, 2019 - December 31, 2021; WHEREAS, representatives from the City and NBFA wish to modify the MOU as it relates to the subject of compensation for Firefighter/Paramedics by modifying the pay from an assignment pay to a rank for employees hired as Firefighter/Paramedics after January 1, 2016; WHEREAS, representatives from the City and NBFA met and conferred in good faith regarding the modification of compensation for Firefighter/Paramedics, which agreement is memorialized in that certain Side Letter of Agreement between City and NBFA ("Side Letter Agreement"), a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, the City Council of the City of Newport Beach desires to amend the MOU by approving the Side Letter Agreement and authorizing the City Manager to execute the Side Letter Agreement substantially in conformance with Exhibit 1. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the Side Letter Agreement and authorizes the City Manager to execute the Side Letter Agreement substantially in conformance with Exhibit 1 on behalf of the City. Section 2: All recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 6-4 Resolution No. 2019 - Page 2 of 2 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council find the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25h day of June 2019, Diane B. Dixon Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A C Aar6n C. Harp City Attorney Attachment: Exhibit 1 - Side Letter of Agreement between the City and NBFA 6-5 Exhibit 1 [FULL TEXT OF EXHIBIT 1 IS ATTACHED TO THE STAFF REPORT] ATTACHMENT B SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Side Letter of Agreement ("Agreement") between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("Association") (collectively "Parties") is entered into with respect to the following: WHEREAS, the parties recently negotiated a successor Memorandum of Understanding ("MOU") with a term of January 1, 2019 — December 31, 2021; and WHEREAS, the parties wish to modify their MOU as it relates to the subject of compensation for Firefighter/Paramedics by modifying the pay from an assignment pay to a rank for employees hired as Firefighter/Paramedics after January 1, 2016; and WHEREAS, the effective date of the changes below is the first day of the pay period following City Council approval of this Agreement; and WHEREAS, the following sets forth the parties' agreement: 1. Section 2, subsection B, of the parties' MOU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION B. Salary Differential, The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter (benchmark classification) and the other classifications represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Percent of Firefighter Firefighter Series Top Step Firefighter N/A Fire Engineer 112.50% 6-7 Firefighter Paramedic hired on or after 1/1/16 117.25% Firefighter Paramedic hired prior to 1/1/16 122.25% Lino Captain 132.00% Staff Captains shall receive an additional 7.5% of base pay over Line Captains. Assignment as a Staff Captain is for a maximum for two years unless extended by the Fire Chief. A aA r•�1� r 2. Section 2, subsection I, of the parties' MDU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION Temporary Upgrading of Employees Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee shall meet the minimum requirements for the position to which they are moved up to. Such employees shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move - up compensation (for time actually working in the moved up assignment) shall be computed as follows: Firefighter to Engineer Regular rate +5% Firefighter (hired prior to January 1, 2016) to Paramedic Regular rate -+22.25% Firefighter hired on or after January 1 2016 to Firefighter Paramedic Re alar rate + 17.25% Firefighter to Captain Regular rate +5% Engineer (hired prior to January 1, 2016) .: I WIN A aA r•�1� r 2. Section 2, subsection I, of the parties' MDU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION Temporary Upgrading of Employees Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee shall meet the minimum requirements for the position to which they are moved up to. Such employees shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move - up compensation (for time actually working in the moved up assignment) shall be computed as follows: Firefighter to Engineer Regular rate +5% Firefighter (hired prior to January 1, 2016) to Paramedic Regular rate -+22.25% Firefighter hired on or after January 1 2016 to Firefighter Paramedic Re alar rate + 17.25% Firefighter to Captain Regular rate +5% Engineer (hired prior to January 1, 2016) .: to Paramedic Regular rate +9,75% Engineer to Captain Regular rate +5% Paramedic to Captain Regular rate +5% Captain to Battalion Chief Regular rate +5% If an employee is moved up and is using leave, the leave time shall be paid at the employee's regular rate of pay in the rank from which he/she was moved up. Time accumulated working in a move up position shall not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. The following positions shall be considered for move -up assignments; Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignments to a move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. The parties agree that to the extent permitted by law, pay for move up assignments is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(3) but not for new members as defined by the Public Employees' Pension Reform Act of 2013. 3. The parties agree that all references in their MOU to the term "Fire Paramedic" are changed to "Firefighter Paramedic". 4. The parties agree that the salary schedule to their MOU in Exhibits Al, A2 and A3 will be updated to include the salary range for Firefighter Paramedic 17.25%. • • 5. The job description for Firefighter Paramedic as modified is attached to this Agreement as Attachment A. FOR THE CITY OF NEWPORT BEACH ��*w �GAW . Barbara Salvini, V Date Human Resources Director FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION Bobby 8ralemo, NBFA President APP VEll AS TO FORM Peter Brown ep n H, Silver 6 -/o—/9 Date Date �' �� �� � s• , eta � � Date 6-10 Attachment A - Job Description CITY OF NEWPORT BEACH FIREFIGHTER PARAMEDIC DEFINITION: To provide basic and advanced emergency medical care to victims of sudden onset injury or illness, working independently or as a team with other fire department personnel. The Firefighter/Paramedic also conducts assigned fire prevention inspections, performs maintenance activities, interacts with the public and government officials, and participates in training activities: may also perform the duties and responsibilities of Firefighter when not operating as a Paramedic. DISTINGUISHING CHARACTERISTICS: This is a mid-level position in the fire suppression classification series of Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain, and may provide functional and technical direction to Firefighters. Employees at this level possess general knowledge of City policies and procedures, as well as a thorough knowledge of basic and advanced life support, fire suppression techniques, fire prevention codes and their application, and public service principles and practices. SUPERVISION RECEIVED AND EXERCISED: This position reports to an assigned Fire Captain. Medical compliance is provided by the EMS Division Chief. EXAMPLES OF ESSENTIAL DUTIES: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • Respond to emergency medical incidents to provide and direct the prehospital basic and advanced life support treatment and transportation in compliance with clinical standards; • Respond to emergency incidents and function as part of a team in the suppression of fires or other emergency situations, includes operating in and exposure to hazardous conditions and environments; • Document and complete all reports such as, prehospital care reports, incident reports, drug logs, training, and continuing education records; • Perform annual fire prevention inspections on assigned occupancies and follow through until all violations have been abated; • Drive and operate fire apparatus and other automotive equipment, when required; • Assume primary responsibility for the proper servicing and maintenance of assigned apparatus, equipment, and medical supplies; 6-11 Firefighter Paramedic Page 2 City of Newport Beach • Participate in continuing training and instruction to include fire suppression, emergency medicine, fire prevention, hazardous materials, disaster response, technical rescue, occupational safety practices, customer service and other pertinent subjects; and • Perform other duties as assigned. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Basic and advanced emergency medical care practices; Safe emergency vehicle driving and operating practices; City geography and traffic circulation; County of Orange and State of California laws, ordinances, treatment guidelines, policies and procedures relating to prehospital care and transportation of the sick and injured; Command and control principles and practices relating to medical incident management; Operating principles and practices of fire apparatus and equipment; Basic firefighting principles and practices; Incident Command System position descriptions; Hazardous Materials Fire Responder techniques; Personal safety, wellness and fitness techniques; Fire and Building Code and Local ordinances; Newport Beach Fire Department Standard Operating Procedures, Department Manuals, and Administrative Guidelines; and Principles and practices of public education and customer relations. 6-12 Firefighter Paramedic Page 3 Ability to: City of Newport Beach Apply technical knowledge in a critical, time -sensitive manner and make appropriate decisions regarding medical treatment and transportation; Safely drive and operate fire apparatus and equipment under adverse traffic and weather conditions; Operate highly sensitive and technical medical equipment; Maintain paramedic licensure and continuing education in compliance with State and local regulations; Perform physically demanding work for potentially extended periods of time under difficult, dangerous and stressful situations; Learn to effectively enforce a variety of life safety and fire prevention codes; Manage multiple tasks and assignments at the same time; Meet the Newport Beach Fire Department medical and fitness standards; Represent the Newport Beach Fire Department and the City of Newport Beach in a courteous, professional manner so as to not discredit or bring disrepute to the Department or City; Maintain confidentiality of medical and other privileged information; Communicate clearly and concisely, both orally and in writing; Regularly and predictably attend work; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationships with those contacted in the course of work. This position may be required to work overtime hours as needed. 6-13 Firefighter Paramedic City of Newport Beach Page 4 PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS: Work is performed indoors and outdoors in a variety of locations to include on-site work at calls and incidents, in a City vehicle and in the Fire Stations. When working outdoors, may be exposed to the elements; may work under cold damp or hot dry conditions; crouch, sit, stand, walk, bend, reach, twist, grasp, drag, lift, and carry items weighing 45 pounds or more; climb ladders and stairs; pull and use fire hoses; work at heights greater than 10 feet; may be exposed to dust, chemicals, solvents, grease/oil, fumes, electrical and mechanical hazards, vehicular traffic, biological hazards, vibration, and noise; meet the physical requirements of the class and have mobility, vision including the ability to distinguish colors including red, green and yellow, speaking, hearing, sense of smell, dexterity, and use of both hands and legs appropriate to the duties to be performed. May administer first aid and in an emergency, push, pull, drag, and move individuals and/or others weighing 150 pounds or more. Must be able to fight fires wearing protective gear and self-contained breathing apparatus. May be exposed to blood or other bodily fluids or communicable diseases. EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE: A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Minimum eighteen (18) years of age. Education: High School graduation or GED equivalency. License/Certificate: Certification by the California State Board of Fire Services as a Certified Firefighter I or successful completion of a California State Board of Fire Services Firefighter I approved basic fire training curriculum, consisting of 240 hours of instruction in basic firefighting. Current EMT -P certification per California Administrative Code; Possession of accreditation from the Orange County Emergency Medical Services (OCEMS) to practice as a Paramedic. Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required. Ability to obtain a California firefighter restrictive driver's license. Current American Heart Association Certification in Cardiopulmonary Resuscitation. Ability to successfully complete the Newport Beach Fire Department Basic Pump Operator/Driver Certification program within six months of completion of the initial probationary period. 6-14 Firefighter Paramedic Page 5 City of Newport Beach Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. Bargaining Group — NBFA FLSA: Non -Exempt Revised July 1, 2002 Revised June 2, 2008 Revised October 26, 2010 Revised January 10, 2011 Revised January 11, 2013 Revised September 20, 2018 Revised June 12, 2019 6-15 Exhibit A.1 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: June 22, 2019 REPRESENTED POSITION HOURLY Min RATE 1 Max MONTHLY SALARY Min 2 Max Fire Captain 112 Hours $30.40 $42.78 $7,377 $10,382 Fire Captain 80 Hours 3 $42.56 $59.89 $7,378 $10,382 Fire Captain+ 7.5% Assignment $45.76 $64.38 $7,931 $11,160 Fire Engineer 112 Hours $25.90 $36.44 $6,285 $8,842 Fire Engineer 80 Hours 3 $36.26 $51.01 $6,285 $8,842 Fire Facilities Coordinator $30.20 $42.51 $5,234 $7,368 Firefighter 112 Hours $21.95 $32.42 $5,326 $7,868 Firefighter 80 Hours $30.73 $45.40 $5,326 $7,869 Firefighter Paramedic -1 7.25112 $27.02 $38.02 $6,557 $9,226 Firefighter Paramedic -17.25-80 $37.83 $53.23 $6,557 $9,227 Firefighter Paramedic -22.25-112 $28.22 $39.70 $6,848 $9,634 Firefighter Paramedic_22.25_80 $39.51 $55.58 $6,848 $9,634 Life Safety Specialist 1 $34.54 $48.60 $5,987 $8,425 Life Safety Specialist II $38.01 $53.49 $6,588 $9,272 Life Safety Specialist III $41.79 $58.81 $7,244 $10,194 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 6-16 Exhibit A.2 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: December 21, 2019, 2.0% Cost -of -Living Adjustment REPRESENTED POSITION HOURLY RATE' Min Max MONTHLY SALARY Min Z Max Fire Captain 112 Hours $31.01 $43.64 $7,525 $10,589 Fire Captain 80 Hours 3 $43.42 $61.09 $7,525 $10,589 Fire Captain+ 7.5% Assignment $46.67 $65.67 $8,090 $11,383 Fire Engineer 112 Hours $26.42 $37.17 $6,411 $9,019 Fire Engineer 80 Hours 3 $36.98 $52.03 $6,411 $9,019 Fire Facilities Coordinator $30.80 $43.36 $5,339 $7,516 Firefighter 112 Hours $22.39 $33.07 $5,433 $8,026 Firefighter 80 Hours $31.34 $46.30 $5,433 $8,026 Firefighter Paramedic 17.25 112 $27.56 $38.78 $6,688 $9,411 Firefighter Paramedic 17.25_80 $38.59 $54.30 $6,689 $9,412 Firefighter Paramedic -22.25-112 $28.78 $40.50 $6,985 $9,827 Firefighter Paramedic_22.25_80 $40.30 $56.69 $6,985 $9,827 Life Safety Specialist 1 $35.23 $49.58 $6,107 $8,593 Life Safety Specialist II $38.77 $54.56 $6,720 $9,457 Life Safety Specialist III $42.63 $59.99 $7,389 $10,398 1 Hourly pay rates are rounded to the nearest hundredth. Z Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 6-17 Exhibit A.3 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: December 19, 2020, 2.0% Cost -of -Living Adjustment REPRESENTED POSITION HOURLY RATE' Min Max MONTHLY SALARY Min Z Max Fire Captain 112 Hours $31.63 $44.51 $7,675 $10,801 Fire Captain 80 Hours 3 $44.28 $62.31 $7,676 $10,801 Fire Captain+ 7.5% Assignment $47.61 $66.99 $8,252 $11,611 Fire Engineer 112 Hours $26.95 $37.91 $6,539 $9,200 Fire Engineer 80 Hours 3 $37.72 $53.07 $6,539 $9,200 Fire Facilities Coordinator $31.42 $44.23 $5,445 $7,666 Firefighter 112 Hours $22.83 $33.73 $5,541 $8,186 Firefighter 80 Hours $31.97 $47.23 $5,542 $8,187 Firefighter Paramedic 17.25_112 $28.11 $39.56 $6,822 $9,599 Firefighter Paramedic 17.25_80 $39.36 $55.38 $6,822 $9,600 Firefighter Paramedic -22.25-112 $29.36 $41.30 $7,124 $10,023 Firefighter Paramedic_22.25_80 $41.10 $57.83 $7,124 $10,023 Life Safety Specialist 1 $35.93 $50.57 $6,229 $8,765 Life Safety Specialist II $39.54 $55.65 $6,854 $9,646 Life Safety Specialist III $43.48 $61.19 $7,537 $10,606 1 Hourly pay rates are rounded to the nearest hundredth. Z Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 6-18 ATTACHMENT C SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH I_1 d, Al THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION This Side Letter of Agreement ("Agreement") between the City of Newport Beach ("City") and the Newport Beach Firefighters Association ("Association") (collectively "Parties") is entered into with respect to the following: WHEREAS, the parties recently negotiated a successor Memorandum of Understanding ("MOU") with a term of January 1, 2019 — December 31, 2021; and WHEREAS, the parties wish to modify their MOU as it relates to the subject of compensation for Firefighter/Paramedics by modifying the pay from an assignment pay to a rank for employees hired as Firefighter/Paramedics after January 1, 2016; and WHEREAS, the effective date of the changes below is the first day of the pay period following City Council approval of this Agreement; and WHEREAS, the following sets forth the parties' agreement: 1. Section 2, subsection B, of the parties' MOU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION B. Salary Differential 1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter (benchmark classification) and the other classifications represented by NBFA, as set forth below, so there is an appropriate internal relationship among the primary classifications represented by NBFA. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Percent of Firefighter Firefighter Series Top Step Firefighter N/A Fire Engineer 112.50% 6-19 Firefighter Paramedic hired on or after 1/1/16 117.25% Firefighter Paramedic hired prior to 1/1/16 122.25% Line Captain 132.00% Staff Captains shall receive an additional 7.5% of base pay over Line Captains. Assignment as a Staff Captain is for a maximum for two years unless extended by the Fire Chief. 2. Section 2, subsection I, of the parties' MOU is modified as can be seen by the track changes below: SECTION 2 — COMPENSATION Temporary Upgrading of Employees 1. Move up Assignment A move up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification. A move up employee shall meet the minimum requirements for the position to which they are moved up to. Such employees shall be deemed "Acting Appointments" after their 6th consecutive shift. If the employee is moved -up for five (5) hours or more, the move - up compensation (for time actually working in the moved up assignment) shall be computed as follows: Firefighter to Engineer Regular rate +5% Firefighter (hired prior to January 1, 2016) to Paramedic Regular rate+22.25% Firefighter (hired on or after January 1, 2016) to Firefighter Paramedic Regular rate + 17.25% Firefighter to Captain Regular rate +5% Engineer (hired prior to January 1, 2016) to Paramedic Regular rate +9.75% Engineer to Captain Regular rate +5% Paramedic to Captain Regular rate +5% Captain to Battalion Chief Regular rate +5% If an employee is moved up and is using leave, the leave time shall be paid at the employee's regular rate of pay in the rank from which he/she was moved up. Time accumulated working in a move up position shall not be applied towards the probationary period or count as "time in rank" for the purpose of seniority. 6-20 The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Fire Paramedic Fire Engineer Assignments to a move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days. The parties agree that to the extent permitted by law, pay for move up assignments is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(3) but not for new members as defined by the Public Employees' Pension Reform Act of 2013. 3. The parties agree that all references in their MOU to the term "Fire Paramedic" are changed to "Firefighter Paramedic". 4. The parties agree that the salary schedule to their MOU in Exhibits Al, A2 and A3 will be updated to include the salary range for Firefighter Paramedic 17.25%. 5. The job description for Firefighter Paramedic as modified is attached to this Agreement as Attachment A. Executed this day of )2019. CITY OF NEWPORT BEACH: NEWPORT BEACH FIREFIGHTERS ASSOCIATION: Grace K. Leung, City Manager APPROVED AS TO FORM: Peter J. Brown, Special Counsel Bobby Salerno, NBFA President ATTEST: Leilani Brown, City Clerk 6-21 Attachment A - Job Description CITY OF NEWPORT BEACH FIREFIGHTER PARAMEDIC DEFINITION: To provide basic and advanced emergency medical care to victims of sudden onset injury or illness, working independently or as a team with other fire department personnel. The Firefighter/Paramedic also conducts assigned fire prevention inspections, performs maintenance activities, interacts with the public and government officials, and participates in training activities: may also perform the duties and responsibilities of Firefighter when not operating as a Paramedic. DISTINGUISHING CHARACTERISTICS: This is a mid-level position in the fire suppression classification series of Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain, and may provide functional and technical direction to Firefighters. Employees at this level possess general knowledge of City policies and procedures, as well as a thorough knowledge of basic and advanced life support, fire suppression techniques, fire prevention codes and their application, and public service principles and practices. SUPERVISION RECEIVED AND EXERCISED: This position reports to an assigned Fire Captain. Medical compliance is provided by the EMS Division Chief. EXAMPLES OF ESSENTIAL DUTIES: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • Respond to emergency medical incidents to provide and direct the prehospital basic and advanced life support treatment and transportation in compliance with clinical standards; • Respond to emergency incidents and function as part of a team in the suppression of fires or other emergency situations, includes operating in and exposure to hazardous conditions and environments; • Document and complete all reports such as, prehospital care reports, incident reports, drug logs, training, and continuing education records; • Perform annual fire prevention inspections on assigned occupancies and follow through until all violations have been abated; • Drive and operate fire apparatus and other automotive equipment, when required; • Assume primary responsibility for the proper servicing and maintenance of assigned apparatus, equipment, and medical supplies; 6-22 Firefighter Paramedic Page 2 City of Newport Beach • Participate in continuing training and instruction to include fire suppression, emergency medicine, fire prevention, hazardous materials, disaster response, technical rescue, occupational safety practices, customer service and other pertinent subjects; and • Perform other duties as assigned. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Basic and advanced emergency medical care practices; Safe emergency vehicle driving and operating practices; City geography and traffic circulation; County of Orange and State of California laws, ordinances, treatment guidelines, policies and procedures relating to prehospital care and transportation of the sick and injured; Command and control principles and practices relating to medical incident management; Operating principles and practices of fire apparatus and equipment; Basic firefighting principles and practices; Incident Command System position descriptions; Hazardous Materials Fire Responder techniques; Personal safety, wellness and fitness techniques; Fire and Building Code and Local ordinances; Newport Beach Fire Department Standard Operating Procedures, Department Manuals, and Administrative Guidelines; and Principles and practices of public education and customer relations. 6-23 Firefighter Paramedic Page 3 Ability to: City of Newport Beach Apply technical knowledge in a critical, time -sensitive manner and make appropriate decisions regarding medical treatment and transportation; Safely drive and operate fire apparatus and equipment under adverse traffic and weather conditions; Operate highly sensitive and technical medical equipment; Maintain paramedic licensure and continuing education in compliance with State and local regulations; Perform physically demanding work for potentially extended periods of time under difficult, dangerous and stressful situations; Learn to effectively enforce a variety of life safety and fire prevention codes; Manage multiple tasks and assignments at the same time; Meet the Newport Beach Fire Department medical and fitness standards; Represent the Newport Beach Fire Department and the City of Newport Beach in a courteous, professional manner so as to not discredit or bring disrepute to the Department or City; Maintain confidentiality of medical and other privileged information; Communicate clearly and concisely, both orally and in writing; Regularly and predictably attend work; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationships with those contacted in the course of work. This position may be required to work overtime hours as needed. 6-24 Firefighter Paramedic City of Newport Beach Page 4 PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS: Work is performed indoors and outdoors in a variety of locations to include on-site work at calls and incidents, in a City vehicle and in the Fire Stations. When working outdoors, may be exposed to the elements; may work under cold damp or hot dry conditions; crouch, sit, stand, walk, bend, reach, twist, grasp, drag, lift, and carry items weighing 45 pounds or more; climb ladders and stairs; pull and use fire hoses; work at heights greater than 10 feet; may be exposed to dust, chemicals, solvents, grease/oil, fumes, electrical and mechanical hazards, vehicular traffic, biological hazards, vibration, and noise; meet the physical requirements of the class and have mobility, vision including the ability to distinguish colors including red, green and yellow, speaking, hearing, sense of smell, dexterity, and use of both hands and legs appropriate to the duties to be performed. May administer first aid and in an emergency, push, pull, drag, and move individuals and/or others weighing 150 pounds or more. Must be able to fight fires wearing protective gear and self-contained breathing apparatus. May be exposed to blood or other bodily fluids or communicable diseases. EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE: A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Minimum eighteen (18) years of age. Education: High School graduation or GED equivalency. License/Certificate: Certification by the California State Board of Fire Services as a Certified Firefighter I or successful completion of a California State Board of Fire Services Firefighter I approved basic fire training curriculum, consisting of 240 hours of instruction in basic firefighting. Current EMT -P certification per California Administrative Code; Possession of accreditation from the Orange County Emergency Medical Services (OCEMS) to practice as a Paramedic. Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required. Ability to obtain a California firefighter restrictive driver's license. Current American Heart Association Certification in Cardiopulmonary Resuscitation. Ability to successfully complete the Newport Beach Fire Department Basic Pump Operator/Driver Certification program within six months of completion of the initial probationary period. 6-25 Firefighter Paramedic Page 5 City of Newport Beach Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. Bargaining Group — NBFA FLSA: Non -Exempt Revised July 1, 2002 Revised June 2, 2008 Revised October 26, 2010 Revised January 10, 2011 Revised January 11, 2013 Revised September 20, 2018 Revised June 12, 2019 6-26 Exhibit A.1 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: June 22, 2019 REPRESENTED POSITION HOURLY Min RATE 1 Max MONTHLY SALARY Min 2 Max Fire Captain 112 Hours $30.40 $42.78 $7,377 $10,382 Fire Captain 80 Hours 3 $42.56 $59.89 $7,378 $10,382 Fire Captain+ 7.5% Assignment $45.76 $64.38 $7,931 $11,160 Fire Engineer 112 Hours $25.90 $36.44 $6,285 $8,842 Fire Engineer 80 Hours 3 $36.26 $51.01 $6,285 $8,842 Fire Facilities Coordinator $30.20 $42.51 $5,234 $7,368 Firefighter 112 Hours $21.95 $32.42 $5,326 $7,868 Firefighter 80 Hours $30.73 $45.40 $5,326 $7,869 Firefighter Paramedic -1 7.25112 $27.02 $38.02 $6,557 $9,226 Firefighter Paramedic -17.25-80 $37.83 $53.23 $6,557 $9,227 Firefighter Paramedic -22.25-112 $28.22 $39.70 $6,848 $9,634 Firefighter Paramedic_22.25_80 $39.51 $55.58 $6,848 $9,634 Life Safety Specialist 1 $34.54 $48.60 $5,987 $8,425 Life Safety Specialist II $38.01 $53.49 $6,588 $9,272 Life Safety Specialist III $41.79 $58.81 $7,244 $10,194 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 6-27 Exhibit A.2 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: December 21, 2019, 2.0% Cost -of -Living Adjustment REPRESENTED POSITION HOURLY RATE' Min Max MONTHLY SALARY Min Z Max Fire Captain 112 Hours $31.01 $43.64 $7,525 $10,589 Fire Captain 80 Hours 3 $43.42 $61.09 $7,525 $10,589 Fire Captain+ 7.5% Assignment $46.67 $65.67 $8,090 $11,383 Fire Engineer 112 Hours $26.42 $37.17 $6,411 $9,019 Fire Engineer 80 Hours 3 $36.98 $52.03 $6,411 $9,019 Fire Facilities Coordinator $30.80 $43.36 $5,339 $7,516 Firefighter 112 Hours $22.39 $33.07 $5,433 $8,026 Firefighter 80 Hours $31.34 $46.30 $5,433 $8,026 Firefighter Paramedic 17.25 112 $27.56 $38.78 $6,688 $9,411 Firefighter Paramedic 17.25_80 $38.59 $54.30 $6,689 $9,412 Firefighter Paramedic -22.25-112 $28.78 $40.50 $6,985 $9,827 Firefighter Paramedic_22.25_80 $40.30 $56.69 $6,985 $9,827 Life Safety Specialist 1 $35.23 $49.58 $6,107 $8,593 Life Safety Specialist II $38.77 $54.56 $6,720 $9,457 Life Safety Specialist III $42.63 $59.99 $7,389 $10,398 1 Hourly pay rates are rounded to the nearest hundredth. Z Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 6-28 Exhibit A.3 NEWPORT BEACH FIREFIGHTERS ASSOCIATION MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021 Salary Schedule for Represented Sworn and Non -Sworn Positions Revised: December 19, 2020, 2.0% Cost -of -Living Adjustment REPRESENTED POSITION HOURLY RATE' Min Max MONTHLY SALARY Min Z Max Fire Captain 112 Hours $31.63 $44.51 $7,675 $10,801 Fire Captain 80 Hours 3 $44.28 $62.31 $7,676 $10,801 Fire Captain+ 7.5% Assignment $47.61 $66.99 $8,252 $11,611 Fire Engineer 112 Hours $26.95 $37.91 $6,539 $9,200 Fire Engineer 80 Hours 3 $37.72 $53.07 $6,539 $9,200 Fire Facilities Coordinator $31.42 $44.23 $5,445 $7,666 Firefighter 112 Hours $22.83 $33.73 $5,541 $8,186 Firefighter 80 Hours $31.97 $47.23 $5,542 $8,187 Firefighter Paramedic 17.25_112 $28.11 $39.56 $6,822 $9,599 Firefighter Paramedic 17.25_80 $39.36 $55.38 $6,822 $9,600 Firefighter Paramedic -22.25-112 $29.36 $41.30 $7,124 $10,023 Firefighter Paramedic_22.25_80 $41.10 $57.83 $7,124 $10,023 Life Safety Specialist 1 $35.93 $50.57 $6,229 $8,765 Life Safety Specialist II $39.54 $55.65 $6,854 $9,646 Life Safety Specialist III $43.48 $61.19 $7,537 $10,606 1 Hourly pay rates are rounded to the nearest hundredth. Z Monthly pay rates are rounded to the nearest whole dollar. *Pay rates may vary slightly due to rounding. 3 Temporary staff/administrative assignments. Salary Schedule approved by Governing Body (City Council): June 11, 2019 6-29