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Home My WebLink About08 - Adopting a MOU with the NBFA and Associated Salary ScheduleQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report December 14, 2021 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Barbara J. Salvini, Human Resources Director PHONE: 949-644-3259 TITLE: Resolution No. 2021-130: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association (NBFA) and Associated Salary Schedule F-11:163 I Z7_T91 6 The Tentative Agreement regarding a Memorandum of Understanding (MOU) between the City of Newport Beach (City) and the Newport Beach Firefighters Association (NBFA or Association) was submitted at the City Council's November 30, 2021 regular meeting to provide the City Council and the community an opportunity to consider the terms and costs of the agreement. The proposed MOU is now presented for City Council's approval/adoption (or rejection) and is the final step in the meet and confer process with the NBFA. The associated salary schedules are included in the recommendation for approval of the MOU. The attached budget amendment, Budget Amendment No. 22-030, appropriates $469,638 in funding to implement the costs associated with the agreement for the current fiscal year. 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; b) Adopt Resolution 2021-130, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Firefighters Association and Associated Salary Schedule; and c) Approve Budget Amendment No. 22-030 appropriating $469,638 in increased expenditures in various City division salary and benefit accounts from unappropriated General Fund balances. 8-1 Resolution No. 2021-130: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association (NBFA) and Associated Salary Schedule December 14, 2021 Page 2 DISCUSSION: The following discussion was provided, in part, with the November 30, 2021, staff report and is included here for reference: The NBFA is an exclusively recognized bargaining unit and represents 118 employees, including 112 safety members and six non -safety members. During negotiations, the parties discussed topics such as wage adjustments, leave time, overtime, disability premiums, cafeteria allowance, and other noneconomic matters. Significant provisions of the Agreement between the City and the NBFA include: • Term of four years, from January 1, 2022 through December 31, 2025 • Wage adjustments ✓ January 2022 — 2.0% ✓ January 2023 — 2.0% ✓ January 2024 — 2.0% ✓ January 2025 — 2.0% • City -paid short-term and long-term disability benefits • Modifications to the cafeteria allowance structure and new member medical opt - out • Additional City contribution of $200 per month to the employee medical cafeteria allowance if certain criteria are met during the term of the Agreement. • Upon City Council adoption, a one-time signing bonus of $2,000 for currently active unit members On November 13, 2021, the City was notified that in accordance with their ratification procedures, the majority of NBFA members met and voted to approve the Agreement. The Agreement will not become effective, per Government Code §3505.1, until the governing body, i.e., City Council, takes action to adopt it. The total cost of the NBFA MOU is estimated to be $6,979,220. FISCAL IMPACT: A comprehensive estimate of the costs of the successor MOU with the NBFA was provided with the Tentative Agreement at the November 30, 2021, meeting and is included in Attachment B to this report. As the MOU is effective on January 1, 2022, the year one impact shown in the detailed costing information, excluding the signing bonus, is roughly two times the actual impact (e.g. only six months of the fiscal year). The cost to implement the terms of the Agreement for FY 2021-22 is therefore approximately $573,000 rather than the $910,000 shown in Attachment B. 8-2 Resolution No. 2021-130: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association (NBFA) and Associated Salary Schedule December 14, 2021 Page 3 Additionally, the disability insurance premiums can be funded from disability insurance reserve funds on hand for the balance of the current fiscal year, and certain pension and compensated absences costs are long term in nature and will not impact the current fiscal year's budget. The attached budget amendment appropriates the $469,638 required to implement the costs associated with the agreement for the current fiscal year. 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. 2021-130 Attachment B — Estimated Cost of Contract with NBFA Attachment C — Budget Amendment No. 22-030 8-3 ATTACHMENT A RESOLUTION NO. 2021-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION AND AMENDING THE SALARY SCHEDULE WHEREAS, the City Council of the City of Newport Beach ("City Council") previously adopted Resolution No. 2001-50, the "Employer -Employee Relations Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government Code 3500, et seq.; WHEREAS, the City of Newport Beach ("City") promotes effective communication and collaborative working relationships with its employee associations to foster improved relations while balancing good management practices; WHEREAS, the City previously entered into a Memorandum of Understanding ("MOU") with the Newport Beach Firefighters Association ("NBFA"), a recognized employee organization, for the term of January 1, 2019 through December 31, 2021; WHEREAS, representatives from the City and NBFA met and conferred in good faith and reached a tentative agreement on wages, benefits and other terms and conditions of employment, which are memorialized in the Memorandum of Understanding between the City and NBFA ("Memorandum of Understanding") attached hereto as Exhibit A and incorporated herein by this reference; WHEREAS, the NBFA has ratified the Memorandum of Understanding; WHEREAS, City of Newport Beach Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees of the City; WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon recommendation of the City Manager, the City Council may establish by resolution the salary range or rate for each position; WHEREAS, by adopting this resolution, the City Council intends to amend the salary schedule for NBFA unit members so as to be in conformance with the Memorandum of Understanding; Resolution No. 2021 - Page 2 of 3 WHEREAS, the City Manager has reviewed the changes to the salary schedule for NBFA unit members provided in this resolution and recommends approval, WHEREAS, the City Council received and considered the MOU at its regular meeting on November 30, 2021; and WHEREAS, by adopting this resolution, the City Council also desires to replace the 2019-2021 memorandum of understanding between the City and the NBFA by adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the successor agreement between the City and the NBFA for the period January 1, 2022 through December 31, 2025. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by the NBFA shall be provided in accordance with the provisions of the Memorandum of Understanding attached hereto as Exhibit A, which shall serve as the successor agreement between the City and the NBFA for the period January 1, 2022 through December 31, 2025. Section 2: The City's salary schedule shall be modified so as to be consistent with this resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no effect. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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. E:� Resolution No. 2021 - Page 3 of 3 Section 5: The City Council finds 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 6: 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 14th day of December 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE c- � ar n C. Harp City Attorney Exhibit A - Memorandum of Understanding EXHIBIT A 8-7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION \l -` V, 7% Term: January 1, 2022 through December 31, 2025 :: TABLE OF CONTENTS Page PREAMBLE.................................................................................................................... 1 SECTION 1 - GENERAL PROVISIONS Recognition..................................................................................................................... 1 Termof Memorandum..................................................................................................... 1 ReleaseTime.................................................................................................................. 2 Scope............................................................................................................................. 3 BulletinBoards...............................................................................................................4 Authorityto Deduct Dues................................................................................................. 4 Maintenance of Membership........................................................................................... 4 Conclusiveness............................................................................................................... 5 Modifications................................................................................................................... 5 Savings............................................................................................................................ 5 Impasse........................................................................................................................... 5 Definitions........................................................................................................................ 5 SECTION 2 - COMPENSATION Salary Adjustments - this MOU Period............................................................................ 6 SalaryDifferential............................................................................................................ 6 Firefighter — Special Step Increase................................................................................. 7 Probationary Firefighter Training Step............................................................................. 7 Overtime.........................................................................................................................7 RequiredUniform............................................................................................................ 8 Scholastic/Certificate Achievement Pay.......................................................................... 9 SpecialAssignment Pay................................................................................................ 10 Temporary Upgrading of Employees............................................................................. 11 Y-Rating........................................................................................................................ 13 ShiftHoldover................................................................................................................ 13 EmergencyRecall......................................................................................................... 13 BilingualPay.................................................................................................................. 14 CourtStandby Pay........................................................................................................ 14 LongevityPay................................................................................................................ 14 One -Time Payment...................................................................................................... 14 SECTION 3 - LEAVES FlexLeave..................................................................................................................... 15 HolidayTime................................................................................................................. 16 BereavementLeave..................................................................................................... 18 CatastrophicLeave....................................................................................................... 18 JuryDuty....................................................................................................................... 18 i • Worker's Compensation Leave..................................................................................... 19 Scheduling of Medical Treatment for Industrial Injuries ................................................. 19 Reassignment............................................................................................................... 19 EarlyRelief.................................................................................................................... 19 SECTION 4 - FRINGE BENEFITS Insurance....................................................................................................................... 20 Additional Health Insurance/Programs.......................................................................... 22 Employee Assistance Program..................................................................................... 23 PERSRetirement Benefit.............................................................................................. 23 DefinedContribution Plan.............................................................................................. 25 Retiree Medical Benefit................................................................................................. 26 Tuition Reimbursement and Training............................................................................ 30 FitnessProgram............................................................................................................ 31 Physical Conditioning Equipment..................................................................................31 SECTION 5 - MISCELLANEOUS PROVISIONS Reduction in Force/Layoffs............................................................................................ 31 DisciplinePlan...............................................................................................................34 Fire Suppression Equipment Staffing Levels................................................................. 34 EMTCertification.......................................................................................................... 34 NoSmoking................................................................................................................... 35 Life Safety Services Classifications............................................................................... 35 ExposureLog................................................................................................................ 35 GrievanceProcedure.................................................................................................... 35 48/96 Schedule............................................................................................................. 35 ConsecutiveShifts......................................................................................................... 35 Requirement to Live Within 150 Miles of City Limits ...................................................... 36 EXHIBIT A — Represented Classifications and Pay Rates ............................................ 38 8-10 PREAMBLE This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as WOU") is entered into with reference to the following: The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment of employees in the unit of representation NBFA is recognized to represent (unit members). 2. This MOU, upon approval by NBFA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1 — GENERAL PROVISIONS A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-Milias-Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in the classifications of: B. Term Safety Classifications: Fire Captain Fire Engineer Firefighter Paramedic Firefighter Non -Safety Classifications: Fire Services Coordinator Life Safety Specialist I Life Safety Specialist II Life Safety Specialist III Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of January 1, 2022. This MOU shall remain in full force and effect until December 31, 2025, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. NBFA MOU 2022-2025 8-11 2. The terms and conditions of this MOU shall prevail over any conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement such as, or similar to, this MOU. C. Release Time Unit members shall be allowed to participate in the following activities and receive full pay ("Release Time"): a Attendance at off-site meetings, conferences, seminars or workshops related to matters within the scope of representation. b. To prepare for scheduled meetings between the City and NBFA during the meet and confer process. o i. To travel to, and attend scheduled meetings between the City and NBFA during the meet and confer process. To travel to and attend scheduled grievance and disciplinary hearings. iii. To meet, for up to one hour, with a unit member(s) they are representing prior to a hearing described in subsection C(1)(c)(ii) above. 2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1(a) and 1(b). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours. 3. City grants Unit members the right to engage in the activities described in subsection 1(c) at any time without reduction to the Release Time granted in subsection 2. 4. NBFA shall designate certain members as those members entitled to release time. Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time, or, prior to adjusting work hours. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible, receive shift assignments compatible with participation in the meet and confer process. NBFA MOU 2022-2025 8-12 a The NBFA President shall be entitled to a maximum of 200 hours per calendar year for appropriate association related business, excluding time required for the meet and confer process. The NBFA President shall, at his/her discretion, allocate Release Time to NBFA Board members or other designates, to a maximum of 150 hours per year per individual. In the event the 200 hours for the President or 150 hours for other NBFA designates are insufficient, the President may submit a request to the Assistant City Manager or designee, with justification, that additional hours be granted. In no event shall the Association be granted more than a total of 400 hours per year for all designates. 5. In addition to City—provided Release Time and Release Time provided pursuant to subparagraph (3), Unit members may voluntarily contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Contributions may be made only in six -minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee. City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' shall be defined as accrued flex leave. 6. There is no entitlement to release time for any matter not set forth above. D. Scope All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and NBFA MOU 2022-2025 8-13 authorities ("Management Rights") as set forth in Resolution No. 2001- 50. E. Bulletin Boards Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards by the NBFA shall indicate that the NBFA posted them. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of any protected class under the law or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E—Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E—Mail may be used for Association business on a limited basis and consistent with Department Policy. F. Authority to Deduct Dues from Members' Paychecks The City will deduct dues from members of the Association and will remit it to the Association. It is the Association's responsibility to inform the City's Human Resources Director as to which members of the bargaining unit are members of the Association. The Association shall inform the Human Resources Director in writing of any changes in the membership status of any Association members. G. Maintenance of Membership Any employee in this Unit who has authorized association deductions on the effective date of this Agreement, or at any time subsequent to the effective date of this Agreement, shall continue to have such dues deductions made by the City during the term of this Agreement, provided that any employee in the Unit may terminate Association membership by submitting to the Association a signed request to cancel payroll dues deduction. If that occurs, the Association will advise the Human Resources Director to cancel payroll dues deduction to the Association for such employee. Pursuant to Government Code section 1157.12(b), the Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities by any unit member in reliance upon information provided by the Association respecting requests to cancel or change payroll deductions for such employee. 4 NBFA MOU 2022-2025 8-14 H. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. J. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that Unit members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. K. Impasse In the event of an impasse (the failure to agree on a new MOU afterthe express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. L. Definitions For the purposes of this MOU, these terms shall have the following meanings: 1. The term "member" or "unit member" shall mean all persons within classifications represented by NBFA. 2. The term "staff employee" shall mean any unit member who is assigned to work an average 40 -hour workweek. 3. The term "line employee" shall mean any unit member assigned to work an average 56 -hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal 5 NBFA MOU 2022-2025 8-15 Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2 — COMPENSATION A. Salary Adjustments — this MOU Period Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A: Effective the pay period following January 1, 2022, there shall be a base salary increase of two percent (2%) for all represented classifications. Individuals must be employed by the City on the first day of the pay period following City Council adoption to qualify for retroactive payment of the COLA. 2. Effective the pay period following January 1, 2023, there shall be a base salary increase of two percent (2%) for all represented classifications. 3. Effective the pay period following January 1, 2024, there shall be a base salary increase of two percent (2%) for all represented classifications. 4. Effective the pay period following January 1, 2025, there shall be a base salary increase of two percent (2%) for all represented classifications. B. Salary Differential The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter, the benchmark classification and the other safety classifications represented by NBFA, as set forth below, to maintain an appropriate internal relationship. Subject to the foregoing, the salaries specified below or total compensation, as appropriate, shall be subject to the following minimum salary differentials between classifications: Fire Classification Series Variance Firefighter N/A Fire Engineer 12.50% Firefighter Paramedic, hired on/after 1-1- 2016 17.25% Firefighter Paramedic, hired before 1-1-2016 22.25% Fire Captain 32.00% Training Fire Captain 39.50% NBFA M O U 2022-2025 8-16 2. The Training Fire Captain shall be assigned to routinely and consistently train employees. Training Fire Captains shall receive an additional 7.5% of base pay over Line Fire Captains. Assignment as a Training Fire Captain is for a maximum of two years unless extended by the Fire Chief. C. Firefighter- Special Step Increase Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase. D. Probationary Firefighter Training Step Probationary Firefighters will be placed at the Training Step (Step "17) upon initial appointment. Upon completion of the NB Fire Recruit Academy, employees will be eligible to advance to Firefighter Step 1. Probationary employees will be eligible for advancement to Step 2 following 12 months from date of initial appointment and upon documented successful performance. The probationary period for a new Firefighter hired after January 8, 2019 is 12 months. E. Overtime FLSA Overtime shall consist of authorized hours actually worked in excess of 91 hours in a 12 -day work period as previously established by the City and as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption. Use of Flex Leave, shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime. Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift, and shall be paid one -and -one-half times the employee's regular rate of pay. Use of Flex Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. Leave Without Pay shall not be considered as hours worked for determining Contract Overtime eligibility. Contract Overtime shall be calculated based on the employee's regular rate of pay, less 7%. The rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 2. Temporary vacancies in line positions shall be selected in accordance with the Department's Standard Operating Procedures. NBFA MOU 2022-2025 8-17 3. Qualified employees who volunteer to work overtime in a lower classification than their current position (downgrade) may do so and shall be compensated at one and one-half times the highest hourly rate for the downgraded position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to members who downgrade to the position of Firefighter, Fire Engineer or Firefighter Paramedic. 4. Employees assigned to staff assignments may request compensatory time off (CTO) in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to the Department's consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department. F. Required Uniform The City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirts, and baseball caps. The City shall not be responsible for providing employees with socks, underwear, or workout shoes, or other clothing. The City will provide each fire suppression member with a set of front-line turnout gear and an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination. Reserve turnouts may be personally issued to each member at the Fire Chief's discretion. This equipment will be used to temporarily replace an employee's personalturnout equipment that cannot be placed in service because they are wet, contaminated, or aged. PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance of $1,519 annually for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CalPERS. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, i.e., safety boots and turnout gear. NBFA MOU 2022-2025 8-18 G. Scholastic/Certificate Achievement Pay Unit members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the unit member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the unit member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. For employees hired before May 22, 2012, scholastic and/or Certificate achievement pay is contingent upon number of units and/or degrees received by the employee. Unit members hired on and after May 22, 2012 shall be ineligible for any scholastic pay based upon having obtained units only. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education Training Council. Unit members shall receive scholastic and/or certificate achievement pay in accordance with the following: 2. Scholastic Pay College Semester/Unit: 30 60 90 90 120 A.A./A.S. B.A./B.S. % of Actual Step in Job Class Range: 1.5%/month 2.5%/month 3.5%/month 3.5%/month 4.5%/month 3.5%/month 5.5%/month Certificate Achievement Pay Certificate achievement pay is contingent upon employee's satisfactory completion of the initial probationary period with the Newport Beach Fire Department and completion of the required coursework for Company Officer (formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire Prevention Specialist) certification as outlined below, and the opening of the associated State Fire Training task book. Company Officer also requires completion of the NBFD (internal) Captain's task book. Proof of course completion must accompany this application and be in the form of one of the following: 9 NBFA MOU 2022-2025 8-19 H 1. A certificate from the Office of the State Fire Marshal. 2. A letter from the Office of the State Fire Marshal certifying the employee has completed the course(s). 3. Transcripts from an accredited college, university or entity, or certificates indicating the employee has been credited for course completion. NBFA members shall receive 3.0 % of base pay for either Company Officer or Fire Inspector II course completion, opening of the associated State Fire Training task book, and completion of NBFD (internal) Captain's task book (Company Officer only). The parties agree to the extent permitted by law, certificate and scholastic pay are special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Pay. Special Assignment Pay The following additional payments shall be made to certain Unit members based on assignment: 1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows: Maximum Compensation Assignment Number* M of base pay) Shift Fire Investigator 6 5% Radio/MDC 1 5% SCBA 3 2% Map/Preplan 1 2% Special assignment compensation shall cease when individuals are no longer performing the assignment. Employees who enter the above assignments on or after January 1, 2022 will be assigned for three years, after which they will rotate out of their assignment if qualified replacements have been selected through an informal interview process. The Fire Chief shall have the option to extend the assignment for one three year extension. Removal from any of these special assignments at the end of the prescribed term shall not trigger any right of appeal. The parties agree that to the extent permitted by law, Shift Fire Investigator Pay is special compensation and shall be reported to CalPERS as Fire Investigator Premium pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3). 10 NBFA MOU 2022-2025 8-20 *Subject to modification by the department. 2. Temporary Special Assignment Pay Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments (which will vary based on the needs of the Department as determined by the Fire Chief) will remain a management prerogative. Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement. 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. Assignments to a move -up position shall be made by a Battalion Chief, Assistant Chief or Fire Chief. Move -up assignments shall be deemed "Acting Appointments" after an employee has worked six (6) consecutive move -up shifts. 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 Firefighter (hired prior to January 1, 2016) to Firefighter Paramedic Firefighter (hired on or after January 1, 2016) to Firefighter Paramedic +17.25% Firefighter to Captain Engineer (hired prior to January 1, 2016) to Firefighter Paramedic Engineer to Captain Firefighter Paramedic to Captain Captain to Battalion Chief Regular rate +5% Regular rate +22.25% Regular Rate Regular rate +5% Regular rate +9.75% Regular rate +5% Regular rate +5% 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 positionshall- not be applied towards the probationary period or count as "time in rank" 11 NBFA MOU 2022-2025 8-21 for the purpose of seniority. The following positions shall be considered for move -up assignments: Fire Battalion Chief Fire Captain Firefighter 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, and in accordance with Government Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California Public Employees' Retirement System (CaIPERS) move up pay as Premium Pay pursuant to Title 2 CCR Section 571(x)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, move up pay will not be reported as pensionable compensation to CaIPERS. The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable. 2. Acting Appointments Employees formally assigned as an Acting Appointment to perform 100% of the duties in the higher classification for more than six (6) consecutive shifts shall be compensated beginning the first shift in the salary range of their acting classification at a rate that is at least five percent (5%) higher than their current rate. All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Flex leave used while working in an acting capacity shall be paid at the employee's new rate of pay. In the event the acting employee is subsequently appointed to the higher classification, the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority. If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority. Acting appointments shall be made by the Fire Chief and shall be limited to ninety (90) calendar days in any 12 month period unless extended to a maximum of an additional ninety (90) calendar days on written recommendation by the Department Director and approval by the City Manager. 12 NBFA MOU 2022-2025 8-22 The parties agree that to the extent permitted by law, and in accordance with Government Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California Public Employees' Retirement System (Ca1PERS) acting pay as Premium Pay pursuant to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, acting pay will not be reported as pensionable compensation to CaIPERS. The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable. 3. Tiller Assignment Employees temporarily upgraded to Tiller shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in this job classification if they are assigned to work in this job classification for a period of four (4) working hours or longer. The parties agree that to the extent permitted by law, Tiller Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay. J. Y -Rating Employees who are reclassified to a position with a lower maximum salary shall be Y -rated. Y -rating shall refer to a pay rate outside of the assigned salary range of the employee. If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y -rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change. K. Shift Holdover Unit members who are held over at the conclusion of any shift shall be compensated at the appropriate rate for each hour, or portion thereof, the employee worked beyond the end of the shift. L. Emergency Recall If an employee who is not on stand-by or shift hold -over and is required to return to work during his/her off-duty hours for actual firefighting, or similar emergency designated by the Fire Chief, the employee shall receive a minimum of four (4) hours compensation at the appropriate rate. If an employee works less than (4) hours, he/she will receive four hours of 13 NBFA MOU 2022-2025 8-23 compensation at the appropriate rate. If an employee works for four (4) hours or more, he/she will receive compensation for the time worked at the appropriate rate. M. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. The parties agree that to the extent permitted by law, the Bilingual pay in this section is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium. N. Court Standby Pay Unit members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off—duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four (4) hours of pay for each eight hours of court standby time. Unit members shall, when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify as to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. O. Longevity Pay Years of Service Longevity Pay 16 but less than 1.5% 20 but less than 2.5% 25 and over 3.5% The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1). P. One-time Payment All Bargaining Unit Employees in paid status for the entirety of (1) the pay period including January 1, 2022 or (2) the pay period following City Council adoption 14 NBFA MOU 2022-2025 8-24 of the MOU, whichever is later, will receive a signing bonus of $2000. The Parties intend and understand that this lump sum payment is non -pensionable and will not be reported to Ca1PERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only. SECTION 3 - LEAVES A. Flex Leave 1. Unit members shall accrue flex leave as follows as set forth in the chart below. The amounts that are listed in the column entitled "Maximum Accrual" include both the maximum accrual of flex leave (52 pay periods worth of flex leave) and also include the amount of holiday time which the parties have agreed that employees may accrue per Section 3C (Holiday Time). Leave Accrual Years of Srvc Hrs/Pay Period Line Employees*: Maximum Accrual 1 but less than 5 9.77 796.12 5 but less than 9 10.69 843.96 9 but less than 12 11.62 892.32 12 and over 12.54 940.16 Staff and Non -Safety Employees: 1 but less than 5 6.97 568.36 5 but less than 9 7.63 602.68 9 but less than 12 8.33 639.08 12 and over 8.95 671.32 2. The Flex leave program shall be administered as follows: a Unit members shall not accrue Flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months, provided however, if a member on the Flex leave program becomes sick during the first three (3) months of employment, the City will advance up to six (6) pay periods of accrued leave time for use by the member to recover from illness. In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment, the member's final check shall be reduced by an amount equal to the number of Flex leave hours advanced multiplied by the member's hourly rate of pay. 15 N B FA M O U 2022-2025 8-25 Unit members shall accrue three months of flex leave (as provided in the charts in paragraph Al above) immediately upon completion of three (3) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first three months of employment. b. Members employed by the City prior to initiation of the Flex leave program have had the current accrued vacation time converted to Flex leave on an hour for hour basis. Q Earned Flex leave in excess of the maximum permitted is currently paid bi-weekly at the member's hourly rate of pay. Unit members shall not be permitted to accrue Flex leave in excess of the maximum permitted, unless the employee is unable to use leave benefits because of an industrial disability, hardship or extraordinary circumstances. d. All requests for scheduled Flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request Flex leave in excess of the amount accrued. Flex leave may be taken in four (4) hour increments. e. Members shall be paid for all accrued Flex leave at their then current hourly rate of pay (hourly rate before incentives, other pays, etc.) upon separation from employment. B. Holiday Time Line Employees The provisions of this subsection shall apply only to Unit members who are line employees during all or a portion of any calendar year and, as to those members who are line employees for only a portion of the year, the provisions of this subsection shall be applicable on a pro—rata basis. Unit members who are line employees shall accrue holiday time at the rate of 5.54 hours per pay period. Holiday time shall be added to the member's Flex leave Account on a bi—weekly basis. The partiesagree, to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay. Effective October 1, 1996, all Line employees were provided a one-time opportunity to elect to convert all or any portion of their annual holiday 16 NBFA MOU 2022-2025 8-26 benefits to cash on an annual basis. This election shall be uniform from year to year. For example, an employee electing to convert 108 of the 144 annual benefits to cash must so convert 108 hours of earned holiday benefits each year thereafter. The election to change holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be paid bi-weekly with the regular check. Holiday leave conversion pay will not count in the total compensation formula used to adjust salaries and benefits. Note: Newly hired employees shall be given a one-time option, within 60 days of employment, to elect to receive up to one-half of accrued holiday time as time off in lieu of cash payment. 2. Staff Employees The holiday benefit for staff employees shall be as follows: Staff employees shall accrue 3.96 hours of holiday leave per pay period (102.96 hours per year). This holiday leave is to provide leave for employees for the following twelve (12) holidays: New Years' Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving, one—half day on Christmas Eve, Christmas, one—half day on New Year's Eve and one floating holiday. The holiday leave accrued will be added to employees' flex leave banks. The maximum accrual of flex leave set forth in in Section 3A1 above includes 205.92 hours which is two years (52 pay periods) of holiday leave. Even though the holiday leave is added to employees' flex leave banks, staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. If that occurs, time will be charged against the employee's Flex leave bank. Notwithstanding the holiday leave benefit provided above, newly hired non -safety staff employees shall have the one-time option (at the time of hire) to accrue holiday time as pay. If that occurs, such an employee's flex leave maximum accrual (addressed in Section 3A1 above) will be reduced by 205.92 hours which is two years (52 pay periods) of holiday leave. If holiday time is provided as pay (if, that election as made as provided above) it shall not be reported to CalPERS as special compensation per California Code of Regulations 571(a)(5) because these employees do not work in positions that require scheduled staffing without regard to holidays. 17 NBFA MOU 2022-2025 8-27 3. Holiday Time Election Following adoption of the 2015-18 MOU, all then current unit members were provided another one-time opportunity to change all or a portion of their future annual holiday benefits to pay or time off. The City provided a 28 -day window (2 pay periods) for employees to make the new election. Once selected, the election became uniform from year to year. All other elements of the election were as provided in D(1) and D(2) above. C. Bereavement Leave Bereavement leave shall be defined as the necessary absence from duty by an employee because of a death or terminal illness in his/her immediate family. Staff and non -safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave (terminal illness followed by death is considered one incident). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence and within six months. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild and grandparents, and the employee's spouse/domestic partner's mother, father, brother, sister, child and grandparent. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. D. Catastrophic Leave Unit members may participate in the City's Catastrophic Leave Program in the City of Newport Beach Administrative Procedure. E. Jury Duty Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. Employees shall notify their supervisor immediately regarding the possible dates they will miss. Employees shall confirm whether or not they are required to report the night prior to their jury service and then notify the on -duty Battalion Chief by 1800 hours. Employees shall repeat this process if service is delayed until they are released form service. Employees shall provide proof of jury service signed by the jury clerk and submit it to their supervisor upon return to work or at the end of each week of service. An employee who is released by the court from jury duty on any regularly scheduled workday shall contact their 18 NBFA MOU 2022-2025 8-28 supervisor to find out when they are required to return to work. F. Worker's Compensation Leave The City will comply with the provisions of Labor Code section 4850 for workers' compensation claims. G. Scheduling of Medical Treatment for Industrial Injuries Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable, when the City or its representative schedules the appointment. When an employee is temporarily disabled due to an industrial injury, and is unable to perform even limited duty in the workplace, all appointments, whether arranged by the City or the employees, shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation, regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law. When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable. To avoid disruption in the workplace, an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty. H. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided, however, upon reassignment a line employee shall be entitled to either receive pay for accrued holiday time or add accrued holiday time to the member's Flex Leave account. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. Earl The parties acknowledge Department of Labor regulation, 29 CFR section 553.225 that provides: "It is a common practice among employees engaged in fire protection activities 19 NBFA MOU 2022-2025 8-29 to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work." The parties acknowledge that if there is early relief, the City does not require it. The Association agrees that it will advise the Human Resources Director in writing if at any time in the future it learns or believes that the City is requiring early relief. If that occurs, early relief will immediately end. SECTION 4 — FRINGE BENEFITS A. Insurance Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and upto three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each recognized employee organization with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. The City's monthly contribution towards the Cafeteria Plan is $1,824.00 (plus the minimum CalPERS participating employee's contribution). Unit members who do not want to enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage 20 NBFA MOU 2022-2025 8-30 and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Unit members whose actual start date occurs prior to January 1, 2022 and who elect to opt out of medical coverage offered by the City because they have proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive $1, 000.00 per month in taxable cash paid bi-weekly. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, those unused cafeteria plan funds shall be paid to the employee as taxable cash. Newly appointed unit members whose actual start date occurs on or after January 1, 2022 and who elect to opt out of medical coverage offered by the City because they have provided proof of MEC through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive $500.00 per month paid bi-weekly in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided. The preceding language as applied to the following scenarios: 1. Part-time employee hired by the City prior to Jana ury 1, 2022 but not appointed as a full-time employee into the NBFA until on or after January 1, 2022 — this employee is subject to the $500 opt -out amount and does not receive cash back if the medical coverage elected is less than the City contribution. 2. Full-time employee hired by the City prior to January 1, 2022 who later drops down to part-time and then is reappointed to the unit as a full- time employee — this employee is subject to the $500 opt -out amount and does not receive cash back if the medical coverage elected is less than the City contribution. 3. Full-time employee hired by the City prior to January 1, 2022 who later transfers into the unit from another full-time unit — if the employee was not subject to the $500 opt -out amount and/or no cash back in the unit from which they are transferring, they will receive the benefit of $1,000 opt -out and/or cash back if the medical coverage elected is less than the City contribution. If, prior to December 31, 2025, a court of competent jurisdiction or formal legal opinion determines that the City's cafeteria benefit plan is a bona fide plan such that the City's contributions towards medical premiums will not be included in the employee's regular rate of pay under the Fair Labor Standards Act, the City will increase the monthly contribution 21 NBFA MOU 2022-2025 8-31 towards the Cafeteria Plan by a total of $200 over the remaining term of the agreement. The $200 will be prorated annually over the remaining term of the agreement (full years only), beginning with the first day of the pay period of the month following the day it becomes bona fide and paid bi-weekly. Examples: If the cafeteria benefit plan becomes bona fide during December of 2023, the City will increase the monthly contribution by $100 per month in January of 2024 (Year 3) and by $100 per month in January of 2025 (Year 4). If the cafeteria benefit plan becomes bona fide in March of 2022, the $200 will be spread evenly over the remaining three years of the agreement, or at $67 per month beginning in April of 2022 and continuing through the end of 2023 (Year 2), another $67 per month in Year 3 and another $67 per month in Year 4. If the City's cafeteria benefit plan is not determined to be a bona fide plan as outlined above by a court of competent jurisdiction or formal legal opinion prior to December 31, 2025, this paragraph will become ineffective and the City's obligation to increase the cafeteria contribution by $200 will cease on December 31, 2025. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. B. Additional Health I nsu rance/Proa rams 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD)disability 22 NBFA MOU 2022-2025 8-32 insurance to all regular full-time employees with the following provisions: Weekly Benefit Maximum Benefit Minimum Benefit Waiting Period 66.67% gross weekly wages $10,000/month $15 (STD) and $100 (LTD) 30 Calendar Days (STD) 180 Calendar Days (LTD) Effective January 1, 2022 the City will no longer require unit members to pay one percent (1 %) of base salary as a pre-tax deduction for this benefit. Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre -70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. PERS Retirement Benefit Retirement Formula The City contracts with the California Public Employees Retirement System ("CalPERS" or "PERS") to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier I ("Legacy"): For employees hired by the City on or before November 23, 2012, the retirement formula for safety members shall be 3%@50 and the retirement formula for non -safety members shall be 2.5%@ 55, calculated on the basis of the highest consecutive 12 month 23 NBFA MOU 2022-2025 8-33 period selected by the employee. Tier II ("Classic"): For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and who are not new members as defined in Government Code Section 7522.04(f), the retirement formula for safety members shall be 2%@50 and the retirement formula for non -safety members shall be 2%@60, calculated on the basis of the highest consecutive 36 month period selected by the employee. Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013, who are new members, the safety retirement formula shall be 2.7%@57 and the non -safety retirement formula shall be 2.0%@62, calculated on the basis of the highest consecutive 36 month period selected by the employee. 2. Employee Contributions Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays normally reported as pensionable compensation or compensation earnable, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the Internal Revenue Code. a. Safety Tiers I and II: All members in Tier I and II shall contribute the full statutory member contribution equal to 9% of compensation earnable plus an additional 4.5% of compensation earnable of the Employer rate for a total contribution of 13.5% of compensation earnable. lifCa ill The normal member contribution rate for Tier III members is 50% of the total normal cost and is calculated annually for possible adjustments as provided in the PERS valuations. All Tier III unit members will contribute the full statutory member contribution. If that rate is less than 13.5% of pensionable compensation these employees will contribute an additional 24 NBFA MOU 2022-2025 8-34 percentage of pensionable compensation of the Employer rate to achieve a total contribution of 13.5% of pensionable compensation. b. Non -Safety Tier I: Tier I employees shall contribute eight percent (8%) of pensionable compensation for the CaIPERS member contribution, an additional 2.42% of compensation earnable as cost sharing pursuant to Government Code section 20516(a) and an additional 2.58% of compensation earnable as cost sharing pursuant to Government Code §20516(f). Employees shall contribute a total of 13.0% of compensation earnable for retirement contributions. Tier II: Tiers II unit members shall contribute a total employee contribution of 13.0% of compensation earnable - seven percent (7%) member contribution and six percent (6%) as cost sharing per Government Code section 20516(f). Tier III Tier III unit members will contribute the rate established by CaIPERS as half the normal cost. In addition, these members will contribute the difference between half the normal cost and 13.0% as cost sharing per Government Code section 20516(f) to achieve a total contribution of 13.0% of pensionable compensation. c. The City's contract with PERS shall also provide for: • The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. • The Level 4 1959 Survivors Benefits. • The PERS pre -retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members. E. Defined Contribution Plan In 2013 the City established a Defined Contribution Plan for safety unit members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II and III). Such employees are eligible to participate in a Defined Contribution plan (Plan), administered by the City or its designee in accordance with said 25 NBFA MOU 2022-2025 8-35 regulatory agency regulations and laws. The Plan shall continue to be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee -only contributions shall be deemed fully vested at the time of its deposit. The employer -only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% -age 53,40% -age 52; 20% -age 51. ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2005 b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005 was less than 50 (46 for public safety employees). C. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2005. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS, formerly the Medical Expense Reimbursement Program Plan, i.e.: MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will 26 NBFA MOU 2022-2025 EMO accumulate contributions to be used for health care expenses after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Nothing in this section restricts taking leave for time off purposes. 27 NBFA MOU 2022-2025 8-37 Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CalPERS participating employer's contribution (i.e., the CalPERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for 28 NBFA MOU 2022-2025 8-38 retirees selecting a CalPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. C. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions 29 NBFA MOU 2022-2025 8-39 taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. G. Tuition Reimbursement and Training Maximum tuition reimbursement (for both college courses and non -college authorized courses) for unit members shall be $1,500 per fiscal year. 1. College Courses Unit members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job—related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement. Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre -authorized or prior approval is received from the Fire Chief or designee. Examples include, but are not limited to: California State Fire Marshal Courses and CICCS Courses. 2. Non -College Courses Unit members attending job-related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Unit members who must stay in lodging to attend such classes, courses or seminars because of their location are required to seek single occupancy governmental rates (at GSA rates) when booking lodging for the class, course or seminar. Reimbursement for more than single occupancy governmental rates will be provided only if such rates are not available and if approved by the Fire Chief. Job-related courses, training and seminars will be considered pre - authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media 30 NBFA MOU 2022-2025 IO relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources. 3. Training — Workers' Comp Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers' compensation coverage when they have been authorized by the Fire Chief to attend pre -approved training that furthers the department's mission in providing fire and medical public safety services to the community. H. Fitness Program All unit members shall participate in the Department Fitness Program as outlined in Department SOP. Physical Conditioning Equipment 1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $25,000 per year for the acquisition, maintenance, repair, improvement, or replacement of fitness equipment. All purchases need to be approved by the Fire Chief. Up to $10,000 may be carried over to a subsequent fiscal year(s). An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement. 2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All unit members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel, or the approved NBFD uniform. SECTION 5 — MISCELLANEOUS PROVISIONS A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority 31 NBFA MOU 2022-2025 8-41 within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. Layoff or Layoffs shall mean the non—disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted regular status, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain. C. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part—time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification (s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. In this bargaining unit the following are the Series which exist: 1) Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain; 2) Life Safety Specialist I, Life Safety Specialist II and Life Safety Specialist III; and 3) Fire Facilities Coordinator. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or 32 NBFA MOU 2022-2025 8-42 experience, provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: a. Probationary employees within any Classification shall, in that order, be laid off before permanent employees. b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within the Series within the bargaining unit, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any). 4. Re—Employment Regular and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at 33 NBFA MOU 2022-2025 8-43 the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re— employment list or the right to remove his or her name from the re— employment list by sending written confirmation to the Human Resources Director. 5. Severance Pay Regular employees who are laid off shall, as of the date of lay—off, receive one-week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation. B. Discipline Plan Any discipline shall be in accordance with Department SOP and the Employee Policy Manual. C. Fire Suppression Equipment Staffing Levels The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and three (3) fire suppression personnel on one truck company and four (4) fire suppression personnel on the second truck company. The Fire Chief or designee shall have the discretion to add a fourth fire suppression personnel to the truck company staffed with three fire suppression personnel on a regular or overtime, i.e., "backfill" basis, based on operational needs, for a minimum 12 hour period. However, nothing contained herein shall be construed as altering the existing 24-hour shift for fire suppression employees. D. EMT Certification All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session, provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City. 34 NBFA MOU 2022-2025 E. No Smoking All employees hired after January 1, 1999 shall not smoke or use any tobacco products (including vaping and e -cigarettes) at any time while on, or off, duty. Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action. Smoking an occasional celebratory cigar (birth of a child, etc.) while off-duty shall not be considered a violation of this section. F. Life Safetv Services Classifications Existing flexible staffing provisions in Life Safety Services Classifications shall remain in effect for the term of this agreement. G. Exposure Log The City maintains an exposure log system. H. Grievance Procedure Except as described herein, unit employees and the Association are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the grievance procedure shall be presided over the Fire Chief, and Step 3 of the grievance procedure shall be the City Manager. The City Manager shall render the final and binding grievance determination which shall be subject to the right of the employee and/or the Association to seek judicial review per Code of Civil Procedure section 1094.5. The Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of this MOU. 48/96 Schedule The Fire Department currently operates with a 48/96 schedule. Consecutive Shifts Except for employees assigned to "strike teams" unit members are limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24-hour shift. A maximum of two (2) additional consecutive shifts may be permitted with mutual agreement between the employee and the Battalion Chief unless there are operational needs. In which case, the Department may extend the numberof consecutive shifts which will be worked by employees. 35 NBFA MOU 2022-2025 K. Reauirement to Live Within 150 Miles of Citv Limits Unit members hired after January 1, 2019 are required to live within 150 miles of the City limits. Signatures are on the next page. 36 N B FA M O U 2022-2025 R1=0 ATTEST. B -C NEWPORT BEArC14 FIREIRGHTERS A&SOCLATI ON BY: nl L MIM BMWn. Cky UNA CIS' OF NEWPORT BEACH 8!r _ &adAvury- Y.aff APP ROVE D AS TO FOM BY: Ch-�u a sakik E'#O-,a 1 C-�w %44 Anw twrl6rl EYH CBI T A - FjBFA Regnmank3d C4ss&a nvt3 and Ptry Fps p WA 6tX M.3L2773 8-47 Executed this day of , 2029. ATTEST: M NEWPORT BEACH FIREFIGHTERS ASSOCIATION Leilani Brown, City Clerk By: Bobby Salerno, NBFA President CITY OF NEWPORT BEACH Brad Avery, Mayor APPROVED AS TO FORM By: Charles Sakai, Special Counsel Attachment: EXHIBIT A - NBFA Represented Classifications and Pay Rates 37 NBFA MOU 2022-2025 on i*A:II__1I r_1 The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 15, 2022 2.0% Adjustment SWORN FIREFIGHTER 112 HOURS $23.29 $34.41 $5,652 $8,350 FIREFIGHTER 80 HOURS $32.61 $48.18 $5,652 $8,350 FIREFIGHTER PARAMEDIC 112 $29.95 $42.13 $7,267 $10,224 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 $41.92 $58.98 $7,267 $10,224 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 $28.67 $40.35 $6,958 $9,791 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 $40.15 $56.49 $6,959 $9,792 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR $27.48 $38.67 $6,669 $9,384 FIRE ENGINEER 80 HOURS $38.48 $54.14 $6,670 $9,384 FIRE CAPTAIN 112 $32.26 $45.40 $7,829 $11,017 FIRE CAPTAIN 80 $45.17 $63.56 $7,829 $11,017 FIRE CAPTAIN 80, TRAINING $48.56 $68.33 $8,417 $11,843 NON -SWORN FIRE SERVICES COORDINATOR $32.04 $45.11 $5,554 $7,819 LIFE SAFETY SPECIALIST 1 $36.65 $51.58 $6,353 $8,940 LIFE SAFETY SPECIALIST II $40.33 $56.77 $6,991 $9,839 LIFE SAFETY SPECIALIST III $44.35 $62.41 $7,688 $10,818 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 38 NBFA MOU 2022-2025 8-49 i*A:II__1I r_1 The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 14, 2023 2.0% Adjustment SWORN FIREFIGHTER 112 HOURS $23.76 $35.10 $5,765 $8,517 FIREFIGHTER 80 HOURS $33.26 $49.14 $5,765 $8,517 FIREFIGHTER PARAMEDIC 112 $30.54 $42.97 $7,412 $10,428 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 $42.76 $60.16 $7,412 $10,428 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 $29.25 $41.15 $7,097 $9,987 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 $40.95 $57.62 $7,098 $9,988 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR $28.03 $39.44 $6,803 $9,571 FIRE ENGINEER 80 HOURS $39.25 $55.22 $6,803 $9,571 FIRE CAPTAIN 112 $32.91 $46.31 $7,985 $11,238 FIRE CAPTAIN 80 $46.07 $64.83 $7,986 $11,237 FIRE CAPTAIN 80, TRAINING $49.53 $69.69 $8,585 $12,080 NON -SWORN FIRE SERVICES COORDINATOR $32.69 $46.01 $5,665 $7,976 LIFE SAFETY SPECIALIST 1 $37.39 $52.61 $6,480 $9,119 LIFE SAFETY SPECIALIST II $41.14 $57.90 $7,131 $10,036 LIFE SAFETY SPECIALIST III $45.24 $63.66 $7,841 $11,035 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 39 NBFA MOU 2022-2025 8-50 i*A:II__1I r_1 The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 13, 2024 2.0% Adjustment SWORN FIREFIGHTER 112 HOURS $24.23 $35.80 $5,880 $8,687 FIREFIGHTER 80 HOURS $33.93 $50.12 $5,881 $8,688 FIREFIGHTER PARAMEDIC 112 $31.16 $43.83 $7,560 $10,637 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 $43.62 $61.37 $7,560 $10,637 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 $29.83 $41.98 $7,239 $10,187 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 $41.77 $58.77 $7,240 $10,187 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR $28.59 $40.23 $6,939 $9,763 FIRE ENGINEER 80 HOURS $40.03 $56.32 $6,939 $9,763 FIRE CAPTAIN 112 $33.57 $47.23 $8,145 $11,462 FIRE CAPTAIN 80 $46.99 $66.13 $8,146 $11,462 FIRE CAPTAIN 80, TRAINING $50.52 $71.09 $8,757 $12,321 NON -SWORN FIRE SERVICES COORDINATOR $33.34 $46.93 $5,779 $8,135 LIFE SAFETY SPECIALIST 1 $38.13 $53.66 $6,610 $9,301 LIFE SAFETY SPECIALIST II $41.96 $59.06 $7,274 $10,237 LIFE SAFETY SPECIALIST III $46.14 $64.93 $7,998 $11,255 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 40 NBFA MOU 2022-2025 8-51 i*A:II__1I r_1 The Newport Beach Firefighters Association Represented Sworn and Non -sworn Positions MOU Term: January 1, 2022 to December 31, 2025 Effective January 11, 2025 2.0% Adjustment SWORN FIREFIGHTER 112 HOURS $24.72 $36.52 $5,998 $8,861 FIREFIGHTER 80 HOURS $34.61 $51.12 $5,998 $8,862 FIREFIGHTER PARAMEDIC 112 $31.78 $44.71 $7,712 $10,850 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 80 $44.49 $62.59 $7,712 $10,850 HIRED BEFORE 1/1/2016 FIREFIGHTER PARAMEDIC 112 $30.43 $42.82 $7,384 $10,390 HIRED ON OR AFTER 1/1/2016 FIREFIGHTER PARAMEDIC 80 $42.60 $59.95 $7,385 $10,391 HIRED ON OR AFTER 1/1/2016 FIRE ENGINEER 112 HOUR $29.17 $41.04 $7,078 $9,958 FIRE ENGINEER 80 HOURS $40.83 $57.45 $7,078 $9,958 FIRE CAPTAIN 112 $34.24 $48.18 $8,308 $11,692 FIRE CAPTAIN 80 $47.93 $67.45 $8,309 $11,691 FIRE CAPTAIN 80, TRAINING $51.53 $72.51 $8,932 $12,568 NON -SWORN FIRE SERVICES COORDINATOR $34.01 $47.87 $5,894 $8,298 LIFE SAFETY SPECIALIST 1 $38.90 $54.74 $6,742 $9,487 LIFE SAFETY SPECIALIST II $42.80 $60.24 $7,419 $10,442 LIFE SAFETY SPECIALIST III $47.07 $66.23 $8,158 $11,480 Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar. 41 NBFA MOU 2022-2025 8-52 Key Contract Terms Cost of Living Adjustment Other Proposals City Paid Disability Premiums 2 Summary of Proposal Cost 3 Baseline Compensation Base Pay Supplemental Pays Overtime Pension Contribution Cafeteria Plan Other City Paid Benefits4 SubTotal Other Proposals City Paid Disability Premiums Signing Bonus ($2,000) SubTotal Total Cumulative Impact on Emolovee Compensation Base Salary Increase 5 Pre -Tax Take -Home Pay Increase Z Total Ongoing Compensation Increase 6 Total Compensation Increase 7 ATTACHMENT B City of Newport Beach Fire Association - Costing Analysis December 14, 2021 2.00% 2.00% 2.00% 2.00% 1% Deduction Eliminated $13,560,426 $271,209 $547,841 $830,007 $1,117,815 $2,766,872 1,391,464 27,289 55,124 83,516 112,476 278,405 5,859,468 117,189 236,723 358,646 483,009 1,195,567 10,011,860 197,517 398,985 604,482 814,090 2,015,075 2,582,784 - - - - - 1,354,223 16,158 32,639 49,450 66,597 164,843 $34,760,224 $629,363 $1,271,312 $1,926,101 $2,593,986 $6,420,762 - 44,704 89,855 93,020 94,880 322,458 - 236,000 236,000 - 280,704 89,855 93,020 94,880 558,458 $ 34,760,224 $ 910,066 $ 1,361,167 $ 2,019,121 $ 2,688,866 $ 6,979,220 2.00% 4.04% 6.12% 8.24% 1.65% 5.34% 7.42% 9.54% 1.94% 3.92% 5.81% 7.74% 2.62% Notes 1 One percent of current total compensation is equal to $347,602. z The impact of the elimination of the 1% post -tax payroll deduction currently imposed on employees on take-home pay is roughly equivalent to a 1.3% increase in salary. 3 Costs shown in years two through four reflect the cumulative budget impact in each year as compared to the current budgeted amounts. 4 Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings. 5 Percentage shown in each year is as compared to current base salary, not the prior year. 6 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year. Total compensation inrease in Year 1 includes a one-time sign on bonus. This is removed from future years as it is not ongoing. 8-53 o"'F'Po" ATTACHMENT C City of Newport Beach s BUDGET AMENDMENT °rrr.�nN`r 2021-22 BA#: 22-030 Department: Human Resources ONETIME: ❑ Yes ❑Q No Requestor: Barbara Saivini Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date ' l a- 0 COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase salary & benefit appropriations to fund the new MOU with Newport Beach Fire Association (NBFA). ❑ from existing budget appropriations ❑ from additional estimated revenues ❑� from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ Subtotal) $ EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01040005 See Detail - Attached FIRE ADMINISTRATION - 7,542 010 01040401 See Detail - Attached FIRE OPERATIONS - 361,184 010 01040402 See Detail - Attached FIRE PREVENTION - 14,303 010 01040403 See Detail - Attached COMM ER RESPONSE TEAM (CERT) - 1,059 010 01040404 See Detail - Attached EMERGENCY MEDICAL SERVICES - 85,550 Subtotal, $ 469,638 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND - FUND BALANCE CONTROL (469,638.27) Subtotal $ (469,638) Fund Balance Change Required 8-54 City of Newport Beach r" BUDGET AMENDMENT 2021-22 BA#: 22-030 Department: Human Resources ONETIME:[] Yes Q No Requestor: Barbara Salvini Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date ❑ COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase salary & benefit appropriations to fund the new MOU with Newport Beach Fire Association (NBFA). ❑ from existing budget appropriations ❑ from additional estimated revenues ❑ from unappropriated fund balance Fund # 0 EXPENDITURES Fund # 0 010 )10 )10 )10 010 010 D10 010 010 010 )10 )10 D10 )10 010 010 010 010 010 010 010 010 010 010 010 01040005 01040005 01040005 01040005 01040005 01040005 01040005 01040005 01040005 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040401 01040402 713003 714001 722001 722002 723002 723003 724001 724002 727016 711002 712001 712002 712007 712009 712012 712019 713001 713003 713004 713005 714001 722001 722002 723002 723003 724001 724002 727016 727017 711001 Subtotal Description FIRE ADMINISTRATION - SALARIES MISCELLANEOUS FIRE ADMINISTRATION - OVERTIME PLANNED FIRE ADMINISTRATION - LUMP SUM PAYMENT FIRE ADMINISTRATION - PENSION EE NORMAL COST MISC FIRE ADMINISTRATION - PENSION EE NORMAL COST SAFET` FIRE ADMINISTRATION - PENSION ER NORMAL COST MISC FIRE ADMINISTRATION - PENSION ER NORMAL COST SAFET` FIRE ADMINISTRATION - PENSION EE CONTRIB MISC FIRE ADMINISTRATION - PENSION EE CONTRIB SAFETY FIRE ADMINISTRATION - MEDICARE FRINGES FIRE OPERATIONS - SALARIES SAFETY FIRE OPERATIONS - SPECIAL ASSIGNMENT PAY FIRE OPERATIONS - TILLER PAY FIRE OPERATIONS - LONGEVITY PAY SAFETY FIRE OPERATIONS - SCHOLASTIC ACHIEVEMENT FIRE OPERATIONS - HOLIDAY PAY SAFETY FIRE OPERATIONS - SAFETY CERTIFICATION PAY FIRE OPERATIONS - OVERTIME MISC & 1/2 TIME FIRE OPERATIONS - OVERTIME PLANNED FIRE OPERATIONS - OVERTIME VACATION RELIEF FIRE OPERATIONS - OVERTIME UNCONTROLLED FIRE OPERATIONS - LUMP SUM PAYMENT FIRE OPERATIONS - PENSION EE NORMAL COST MISC FIRE OPERATIONS - PENSION EE NORMAL COST SAFETY FIRE OPERATIONS - PENSION ER NORMAL COST MISC FIRE OPERATIONS - PENSION ER NORMAL COST SAFETY FIRE OPERATIONS - PENSION EE CONTRIB MISC FIRE OPERATIONS - PENSION EE CONTRIB SAFETY FIRE OPERATIONS - MEDICARE FRINGES FIRE OPERATIONS - PARS DC 401A FIRE PREVENTION - SALARIES MISCELLANEOUS Increase or Increase or )ecrease) $ 919.91 74.08 6,000.00 152.24 214.92 172.63 445.98 (249.11) (308.95) 119.89 100,815.61 413.07 169.82 1,312.10 4,433.17 1,870.37 2,344.94 197.18 13,526.70 28,271.01 14,009.03 174,000.00 25.77 10,619.69 19.61 21,613.42 (36.98 (14,893.93 2,162.16 311.03 4,587.76 8-55 010 01040402 712004 FIRE PREVENTION - CERTIFICATION PAY 172.36 010 01040402 712007 FIRE PREVENTION - LONGEVITY PAY SAFETY 44.31 010 01040402 712009 FIRE PREVENTION -SCHOLASTIC ACHIEVEMENT 153.93 010 01040402 712019 FIRE PREVENTION - SAFETY CERTIFICATION PAY 62.67 010 01040402 713003 FIRE PREVENTION - OVERTIME PLANNED 692.14 010 01040402 713005 FIRE PREVENTION - OVERTIME UNCONTROLLED 279.79 010 01040402 714001 FIRE PREVENTION - LUMP SUM PAYMENT 8,000.00 010 01040402 722001 FIRE PREVENTION - PENSION EE NORMAL COST MISC 286.05 010 01040402 722002 FIRE PREVENTION - PENSION EE NORMAL COST SAFETY 24.98 010 01040402 723002 FIRE PREVENTION - PENSION ER NORMAL COST MISC 254.61 010 01040402 723003 FIRE PREVENTION - PENSION ER NORMAL COST SAFETY 48.33 010 01040402 724001 FIRE PREVENTION - PENSION EE CONTRIB MISC (396.58) 010 01040402 724002 FIRE PREVENTION - PENSION EE CONTRIB SAFETY (27.73) 010 01040402 727016 FIRE PREVENTION - MEDICARE FRINGES 120.76 010 01040403 711001 COMM ER RESPONSE TEAM (CERT) - SALARIES MISCELLANE 906.87 010 01040403 712009 COMM ER RESPONSE TEAM (CERT) - SCHOLASTIC ACHIEVEN 49.88 010 01040403 712019 COMM ER RESPONSE TEAM (CERT) - SAFETY CERTIFICATION 33.63 010 01040403 713003 COMM ER RESPONSE TEAM (CERT) - OVERTIME PLANNED 20.98 010 01040403 722001 COMM ER RESPONSE TEAM (CERT) - PENSION EE NORMAL 1 56.83 010 01040403 723002 COMM ER RESPONSE TEAM (CERT) - PENSION ER NORMAL 1 42.03 010 01040403 724001 COMM ER RESPONSE TEAM (CERT) - PENSION EE CONTRIB 1 (72.42) 010 01040403 727016 COMM ER RESPONSE TEAM (CERT) - MEDICARE FRINGES 21.60 010 01040404 711002 EMERGENCY MEDICAL SERVICES - SALARIES SAFETY 28,374.11 010 01040404 712001 EMERGENCY MEDICAL SERVICES - SPECIAL ASSIGNMENT PA 56.46 010 01040404 712007 EMERGENCY MEDICAL SERVICES - LONGEVITY PAY SAFETY 263.77 010 01040404 712009 EMERGENCY MEDICAL SERVICES - SCHOLASTIC ACHIEVEME 1,245.00 010 01040404 712012 EMERGENCY MEDICAL SERVICES - HOLIDAY PAY SAFETY 426.61 010 01040404 712019 EMERGENCY MEDICAL SERVICES - SAFETY CERTIFICATION P. 592.56 010 01040404 713003 EMERGENCY MEDICAL SERVICES - OVERTIME PLANNED 1,523.76 010 01040404 714001 EMERGENCY MEDICAL SERVICES - LUMP SUM PAYMENT 48,000.00 010 01040404 722001 EMERGENCY MEDICAL SERVICES - PENSION EE NORMAL CO 81.03 010 01040404 722002 EMERGENCY MEDICAL SERVICES - PENSION EE NORMAL CO 2,754.24 010 01040404 723002 EMERGENCY MEDICAL SERVICES - PENSION ER NORMAL CO 87.38 010 01040404 723003 EMERGENCY MEDICAL SERVICES - PENSION ER NORMAL CO 5,676.78 010 01040404 724001 EMERGENCY MEDICAL SERVICES - PENSION EE CONTRIB MI' (127.71) 010 01040404 724002 EMERGENCY MEDICAL SERVICES - PENSION EE CONTRIB SAI (4,001.24) 010 01040404 727016 EMERGENCY MEDICAL SERVICES - MEDICARE FRINGES 589.32 010 01040404 727017 EMERGENCY MEDICAL SERVICES - PARS DC 401A 8.03 FUND BALANCE Fund # Obiect Description Su btota I 469.638.27 Subtotal Increase or Fund Balance Change Required S •