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HomeMy WebLinkAbout2/7/2007 - STAFF REPORTS - 2.D. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE PALM SPRINGS I FIRE MANAGEMENT ASSOCIATION (PSFMA) ' REPRESENTING THE FIRE MANAGEMENT UNIT j JULY 1, 2006—JUNE 30, 2009 This Memorandum of Understanding is entered into with reference to the following facts: j A. The Palm Springs Fire Management Association, hereinafter referred to as the Association, is the exclusive recognized employee organization for members it represents employed by the City in the Fire Management Unit as defined in Section 8.1.2 of the Employer-Employee Relations Resolution, Resolution 16438, as amended by Resolution 17793. B. The Association and the Municipal Employee Relations Representative, hereinafter referred to as the MERR, have met and conferred in good faith on wages, hours and other terms and conditions of employment for the employees represented by the Association in the aforesaid group and have reached agreements which are set forth in this Memorandum of Understanding, hereinafter referred to as the MOU. THE ASSOCIATION AND MERR agree as follows: 1. This MOU constitutes a joint recommendation by the Association and the MERR, to be submitted to the City Council of the City of Palm Springs for its determination and approval by one or more resolutions, as the City Council may deem fit and proper. 2. This MOU recommended to the City Council Shall be for the period commencing July 1, 2006, and terminating at midnight, June 30, 2009; provided, however, that specific sections of this MOU shall have later effective dates as specified herein. 3. BOARD OF DIRECTORS The Association may Conduct a Board of Directors meeting once each month at a City facility and during the workday, not to exceed two hours. The City will provide a bank of one hundred twenty (120) hours per year to be allocated by UNION AS DIRECTED BY Union Board of Directors for use by Union Officers or members. The Board of Directors shall be responsible for notifying the City's Director of Human Resources of the use of such hours. 1 4. PAYROLL DEDUCTION The City will provide payroll deduction on request of the Association for dues, assessments, and other deductions authorized by the Association. Remittance will be biweekly to the Association's treasurer. 5. PRACTICES It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies, including Sections 4, 5, 6, 7 and 13 only of the Employer-Employee Relations Resolution 16438 are hereby incorporated by this reference and made a part hereof as though set forth in full and except as provided herein shall remain in full force and effect during the term hereof. The City and its employees shall continue to have the rights and prerogatives as set forth in Sections 4, 5, 6, 7 and 13 of Resolution 16438, and nothing in this MOU shall be deemed in any manner to abridge, restrict or modify the same except as limited by the Strikes and Work stoppages section of this MOU_ 6. MAINTENANCE OF BENEFITS The status of all existing benefits and conditions of employment now enjoyed by the members represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof. 7. STRIKES AND WORK STOPPAGES 7.1 Prohibited Conduct The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or refusing to perform services. Any employee who participates in any prohibited conduct listed above shall be subject to suspension, demotion, or dismissal by the City. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below as 2 I Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction. i i 72 Association Responsibility In the event that the Association, its officers, agents, representatives, or members engage in any Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 7.1 and return to work. 8. FEDERAL AND STATE LAWS It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect. The parties to this MOU agree to comply with the provisions of the Americans with Disabilities Act and the Family Rights Act. Personnel Rules regarding Military Leave will be revised to reflect state law. 9. EDUCATIONAL REIMBURSEMENT No Fire Management Unit employee shall receive more than $1,500/fiscal year through the educational reimbursement program. 10. INSURANCE The City agrees to Contribute up to the following amounts toward Health, hospitalization, drug coverage, cost care, through such program(s) as shall be designated by the Association and approved by the City Council. In addition, the City agrees to provide Vision Care for employee and family, and ($35,000) Term Life Insurance coverage at no cost to the employee. Parties to agree: The City's maximum contribution to health and dental insurance premiums for all currently active members of PSFMA are as follows: 3 HEALTH INSURANCE PREMIUM RATES (8-1-06): Single Party $573.85 Two-Party $1101.45 Family $1167.18 DENTAL INSURANCE PREMIUM RATES (8-1-06)� Single Party $32.54 Two-Party $43.99 Family $62.74 In the event that the premium charges for the health or dental program exceed the City"s maximum rate of contribution (as described above) by 10% annually at any time during the term of this Agreement, the amount of the excess shall be paid by the employee through a payroll deduction. Insurance carriers providing health, hospitalization, life, vision care, drug coverage, and cost care benefits to Fire Management Unit shall provide billings to the City, which specify the coverage received by each Fire Management Unit employee, i.e., single, single * one, or family coverage_ Members of PSFMA shall remain in the PSFSU plan and shall not be eligible for any other City insurance plan for the duration of this MOU. 4 I Domestic Partner Coverage i The City of Palm Springs agrees to add Domestic Partner coverage to the current I health, dental and vision coverage, in accordance with City of Palm Springs Ordinance No. 1578. In addition to the requirements of Ordinance 1578, the enrollee must provide a copy of the Declaration of Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City_ The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages. Vision Benefits For the term of this Agreement, City agrees to continue Vision Coverage at the benefit level(s) existing as of the date this Agreement is executed. 11. INSURANCE FOR RETIREES Retiree Health Coverage — "Tier I" — Effective 7/1/2000: A represented UNIT employee who leaves active service as a Palm Springs employee after 20 years of continuous service, the City shall pay 76% of the cost of "retirees" health premium plan being covered at the time one leaves active service. A represented UNIT employee who leaves active service as a Palm Springs employee after 25 years of continuous service, the City shall pay 100% of the cost of "retirees" health premium plan being covered at the time one leaves active service. A represented UNIT employee who retires from active service as a Palm Springs employee who has not completed 20 years of City service shall be entitled to participate at his/her own cost in the Association's medical, hospitalization and prescription drug coverage plan. Retiree Health Coverage —"Tier II" — Effective 7/1/2006: For all new employees with an initial hire date which is after ratification of this agreement, there will be no City contribution for retiree health benefits. The City will, however, make a $100.00 per month contribution to an employee Retiree Health Savings Plan and the associated fixed dollar cost of administration. 5 A represented UNIT employee who retires from active service as a Palm Springs employee who has not completed 20 years of City service shall be entitled to participate at his/her own cost in the Association's medical, hospitalization and prescription drug coverage plan. ' 12. RETIREMENT CalPERS Contributions i The City will continue to contract with CaIPERS for the 3% at 50 Formula at no additional cost to the employee for the term of this MOU. I The City shall pay each Fire Management Unit employee's contribution to the California Public Employees' Retirement System (CalPERS). Said payment made by the City shall be for the employee's contributions, not to exceed nine percent (9%). City agrees that, pursuant to Government Code Section 20636 (c) (4) pursuant to Section 20691, normal member contributions (EMPC) Employer-Paid Member contributions will be paid by the employer, City of Palm Springs, and reported to PERS as additional compensation for all members of Unit. City will continue to make all PERS mandated Employer-Paid Employer Contributions ("EPEC") including any increase in such contributions occasioned by the conversion agreed to herein. The City will continue to contract with CalPERS for the Improved 1959 Level 4 Survivors Benefit at no additional cost to the employee. City agrees to meet and confer with PSFMA over PERS DROP Program, should it become available after January 2001. 13. SICK LEAVE Members of the Fire Management Unit on a 40-hour work week shall accrue sick leave at the rate of 8.57 hours for each full month of service. Members assigned to shift duty shall accrue sick leave at the rate of one-half (1/2) shift or 12 hours for each full month of service, to be earned and reported in shift hours. New members shall be eligible to use accrued sick leave upon completion of one month of employment. 6 Sick Leave Maximum Accrual Sick leave shall accrue to a maximum of three (3) months or seven hundred and twenty (720) hours. After the sick leave accrual in December of any year, employees who have accumulated more than 720 hours during the preceding twelve (12) month period, unused sick leave above 720 hours shall be compensated by a cash payment in the last pay date of the calendar tax year, in an amount equal to the employee's straight time hourly rate of pay for those unused accumulated sick leave hours. Commencing April 1, 2007, PSFMA members with accrued unused sick leave in excess of the new 720 hour annual sick leave accrual cap will have all hours in excess of 720 placed into a special excess sick leave bank. Employees can draw against or cash out on a semi-annual basis as set forth below from this special excess sick leave bank until all hours are exhausted. Accrued unused sick leave in the excess sick leave bank shall be paid upon retirement from the city service. All accrued unused sick leave shall be paid upon retirement from the city service. 14. EDUCATIONAL INCENTIVE PAY Fire Management Unit employees can receive an additional 5% pay for an Associate's Degree, 7.5% for a Bachelor's Degree or 10% for a Master's Degree from a college or university accredited by either or both the Council for Higher Education Accreditation ("CHEA") and/or the U.S. Department of Education ("USDE"). Effective July 1, 2006, City agrees to compensate Unit employee's over base pay, an additional 2.5% for a State Fire Officer or Chief Officer Certificate. Fire Management Unit employees shall not be eligible to receive Paramedic Pay. 15. BILINGUAL PAY The City agrees to compensate Unit employees who are bilingual in Spanish an additional five (5%) percent, but limited to one (1) person/shift. The City shall establish testing procedures and employees are required to pass the test. 7 16. SALARIES 07-02-06 Temporary equity adjustment of 5.00% to the classification of Fire Captain. If staffing level of a Captain at every station is achieved, this temporary equity adjustment will end. Median adjustment to the classification of Fire Battalion Chief of 13.76%- i Median adjustment to the classification of Fire Division Chief of 10.00%. i 07-01-07 Cost of living adjustment (Nat less than 3% nor more than 6%) tied to the highest CPI (all urban consumers), April to April, among U.S., West and/or Los Angeles, Riverside, Orange_ 06-29-08 Median adjustment to the above classifications will be established on benchmark survey data for each rank. The survey data will be based on the benchmark agencies (Brea, Burbank, Carlsbad, Cathedral City, Corona, Downey, Escondido, La Mesa, Montebello, Ontario, Redlands, Riverside and Upland) in effect as of July 1, 2006. These are the 13 benchmark cities agreed upon in Andersen Study. The City and the Association will conduct a salary survey of said cities by March 28, 2008. For the purposes of this salary survey, the City and the Association shall use the top step base salaries of the comparison agencies that are or will be in effect as of July 1, 2008. The City and Association agree to meet and confer over the results of the survey. The results must be agreed to by both parties prior to implementation of salary increase based on the median salary of the agencies described above. 17. ANNUAL LEAVE Employees in the Fire Management Unit assigned a fifty-six (56) hour shift workweek shall not accrue annual leave hours beyond the maximum of four hundred fifty-six (456) hours. Unit employees assigned to a forty (40) hour workweek shall not accrue annual leave hours beyond the maximum of three hundred twenty-five and seventy-one hundredths (325.71) hours. Commencing April 1, 2007, PSFMA members with accrued unused annual leave in excess of the new annual leave accrual cap described above will have all hours in excess of 336 for 56 hour employees and 240 for 40 hour employees placed into a special excess annual leave bank. Employees can draw against or cash out on a semi-annual basis as set forth below from this special excess annual leave 8 II bank until all hours are exhausted. Accrued unused annual leave in the excess i annual leave bank shall be paid upon separation from the city service. In July and December of each year, employees in the Fire Management Unit shall have the option of converting accrued and vested annual leave into cash. Such conversion may be for any amount of accrued and vested annual leave hours. Employees in the Fire Management Unit shall be eligible to use annual leave as it is accrued. Upon separation, all unpaid accrued and vested annual leave will be paid at the employee's current salary rate. All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law. Accrual Rates for Employees Hired Before July 5, 1981 YEARS OF HOURS ACCRUED & HOURS ACCRUED SERVICE VESTED MONTHLY &VESTED (40 HOUR MONTHLY(SHIFT EMPLOYEES) EMPLOYEES) 0 throw h 5 12 16.8 6 through 10 14 19.6 11 16.67 23.34 12 17.34 24.28 13 18 25.2 14 18.67 26.14 15 19.34 27.08 16 20 28 17 and after 1 20.67 1 28.94 Accrual Rates for Employees Hired After July 5, 1981 YEARS HOURS ACCRUED & HOURS ACCRUED OE SERVICE VESTED MONTHLY & VESTED (40 HOUR MONTHLY(SHIFT EMPLOYEES) EMPLOYEES) 0 through 5 12 16.8 6 through 10 14 19.6 11 and after 16 22.5 9 i i i 11 and after 16 22.5 i A maximum of two Fire Management shift employee and one Fire Management ' administration employee will be permitted to be on scheduled vacation at the same time. 18. STAND-BY PAY FOR FIRE CAPTAIN (DEPUTY FIRE MARSHAL) All Fire Captains designated as Deputy Fire Marshals will be compensated $200.00 per month (each) to provide 24/7 "callback standby" for emergency and non emergency assignments at the direction of the Battalion Chief or Division Chief. At least one Deputy Fire Marshal is required to be on "callback standby" at all times and shall promptly respond where directed. Deputy Fire Marshal's who are called back, shall receive a minimum of four hours of overtime." 19. COMPENSATORY TIME ACCUMULATION Effective February 1, 2007, the maximum accumulation cap is two hundred and forty (240) hours. Commencing February 1, 2007, Unit members with compensatory time accumulation will have all hours placed into a special bank. Employees can draw against or cash out on a semi-annual basis from this special bank until all hours are exhausted. Upon separation, all unpaid accrued and vested compensatory time will be paid at the employee's current salary rate. 20. DRUG POLICY/DRUG SCREENING The City of Palm Springs, the Association and Fire Management Unit employees have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but to co-workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City premises, at work locations, or while on duty or being compensated on an "on call status". The City of Palm Springs, the Association and Fire Management Unit employees recognize that their future is dependent on the physical and psychological well being of all employees. The City and the Palm Springs Fire Management Association mutually acknowledge that a drug and alcohol-free work environment 10 benefits employees and citizens, and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place. The purpose of this article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation. Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. 20.1 When reasonable suspicion exists, the City may require an employee to submit to a substance screening. The employee will be given the option to select a blood test or urinalysis. i Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. 20.2 Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the facts constituting reasonable suspicion and shall give the employee a copy. This report must advise the employee of his right to representation. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to a substance screening. An employee who refuses to submit to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination. 20.3 The supervisor, or designee, shall transport the suspected employee to the testing facility or shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system which includes methods or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certified by the National Institute of Drug Abuse 11 and comply with established guidelines for "chain of custody" to insure that identity and integrity of the sample is preserved throughout the collecting, shipping, testing and storage process. 20.4 Any positive test for alcohol or drugs will be confirmed by a scientifically sound i method. An employee who tests positive on a confirmatory test will be given the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to show proof of any valid medical prescription for any detected substance or to otherwise explain, if he or she so chooses, a positive test result. 20.5 While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstances. 20.6 Employees with substance abuse problems are encouraged to participate voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequences to his/her employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated. Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City will refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement", an exemplar copy of which is attached hereto as Exhibit "A". 12 21. ACTING ASSIGNMENTS The Fire Management Unit employees who are required to work out of their existing classification any time during any workday shall receive acting pay as follows: 21.1 For fire shift employees; if the employee works one tenth (A) through twelve (12) hours out of classification, the employee shall receive an additional six-tenths (.6) of an hour pay at his regular hourly rate. If the employee works more than twelve (12) and up to twenty-four (24) hours out of classification, he shall receive 1.2 hours of pay at his regular hourly rate. 21.2 For 40-hour employees, if the employee is assigned to act out of classification for any time during an eight (8) hour day, he shall receive .86 of an hour of pay at their regular hourly rate. The Fire Chief will designate acting assignments for 40-hour employees. 21.3 When an employee works out of classification for a consecutive two (2) week period, a Personnel Action Form shall be submitted designating that employee as acting in the position he is holding. The employee's salary shall be raised to the lowest step on the range of the higher classification which will provide an increase in pay of at least five percent, but not to exceed the top step of the new range. 22. FORTY HOUR CONVERSION Where appropriate, the benefits accorded members of the Fire Management Unit shall be converted to accommodate the 40-hour/week-work schedule (shift hours/1.4 = 40 hour conversion). Conversion from shift scheduling to a 40-hour/week work schedule shall occur only at the beginning of a pay period. Conversion from 40-hour/week schedule to shift scheduling shall occur only at the beginning of a pay period. If an exception is deemed necessary, all hours worked over 40 in either week of the pay period shall be compensated at fifty percent (50%) above the employee's regular 40-hour 13 hourly rate. Personnel on the 40-hr/week work schedule shall have holiday pay incorporated into base pay and shall be allowed the recognized holiday off. 23. WORK SCHEDULES For the term of this MOU, Fire Management Unit positions assigned to the classification of Fire Captain/Deputy Fire Marshal and Fire Division Chief shall be allowed to work on either a four (4) ten (10) schedule, or a nine (9) eighty (80) schedule, with the understanding that such schedule is at the discretion of the Fire Chief. City reserves the right to schedule hours of work. City and Association agree to meet and confer on the impacts of any significant work schedule changes made to the work schedules of members of Fire Management Unit, other than the 4/10 or 9/80 schedule described above. 24. TIME EXCHANGES Unlimited time exchanges will be permitted between Fire Management Unit employees in accordance with Fire Department policy and procedure. 25. EMERGENCY RECALL When a Fire Management Unit employee is off-duty, and is called back to work, the employee shall receive a minimum of four (4) hours pay or (4) hours compensatory time at the department head's discretion, at overtime rate. 26. DUTY CHIEF ASSIGNMENT Mandatory Duty Chief assignment will no longer be a practice in the Fire Department for the term of the contract. 27. RESIDENCY REQUIREMENT There is no residency requirement. 28. BOMB SEARCH Fire Management Unit employees will no longer be required to perform bomb searches. Upon receipt of a bomb threat, Fire Management Unit employees shall be asked to stand by should rescue or suppression become necessary. 14 29. JURY DUTY Fire Management Unit employees who are called for and serve on jury duty, or to honor a subpoena, will be given time off from work with pay. Compensation shall be the difference between the employee's straight-time hourly rate for the straight- time hours normally worked and the amount of compensation received for serving as a juror other than meal or transportation reimbursement. 30. MILEAGE Reimbursement for personal vehicle use shall be at prevailing IRS rate. 31. UNIFORM ALLOWANCE Effective July 1, 2006, City agrees to pay a uniform allowance of$125.00/month to each Fire Management Unit employee as a reimbursement for expenses incurred in the acquisition and maintenance of uniforms. 32_ BODY PIERCING No body piercing jewelry will be worn or displayed on any part of the body while on duty. 33. TATTOOS Tattoos or temporary tattoos shall not be visible on the head, face, and neck or below the elbow. Current employees who currently have tattoos that might be considered in violation of this agreement, shall within 15 days after ratification of the agreement, submit a memo to the fire chief requesting that the existing tattoo be identified (with a photo taken) and recorded in the employee file. These employees will then have those pre-identified tattoos exempted from the policy. 34. SIDA BADGES All new employees shall obtain a SIDA Badge within first three months of employment, at no cost to the employee. 35. IRS 125 PLAN The City agrees to provide an IRS 125 Plan for Unit members. The Association agrees that member employees who subscribe to the plan shall pay the Plan Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by 15 i the Plan Administrator during the enrollment period for the new plan year will become the responsibility of the employee to pay via direct billing. I 36. CHANGES DURING TERM AND REOPENERS I Waiver of Further Bargaining The terms agreed upon by the MOU shall take effect at the time specified herein upon approval by Resolution of the City Council of the City of Palm Springs and shall remain in full force and effect until midnight, June 30, 2009. MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS FIRE MANAGEMENT REPRESENTATIVE ASSOCIATION Date: Date: By By CITY MANAGER taB R REPRESENTATIVE By By HUMAN RESOURCES DIRECTOR �A � IA I LGQ By / h — BOARD MEMBER 16 49ALMS. U N 8 4 Y [ A C o'•ow..cv''�P q�1FoRN� CITY COUNCIL STAFF REPORT DATE: February 7, 2007 (Consent Agenda) SUBJECT: MEMORANDUM OF UNDERSTANDING — PALM SPRINGS FIRE MANAGEMENT UNIT (PSFMA) FROM: David H. Ready, City Manager BY: Human Resources SUMMARY The City has reached a tentative agreement with the Palm Springs Fire Management Unit (PSFMA). The City Council will consider adopting a Resolution approving a Memorandum of Understanding between the City and PSFMA. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT UNIT (PSFMA), FOR THE PERIOD JULY 1, 2006 THROUGH JUNE 30, 2009, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING." 2. Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney, 3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE BUDGET FOR THE 2006-07 FISCAL YEAR." STAFF ANALYSIS: The City, through its Municipal Employee Relations Representative (MERR), and representatives of the Palm Springs Fire Management Unit (PSFMA) have met and ITEM NO. 'W� City Council Staff Report February 7, 2007-- Page 2 MOU - PSFMA conferred in good faith with the Municipal Employee Relations Representative (MERR) and have reached agreement on the terms and conditions of a Memorandum of Understanding (MOU) governing employees of the City of Palm Springs within the Fire Management Unit for the period July 1, 2006 through June 30, 2009. PSFMA and the MERR jointly recommend adoption of such MOU by the City Council. l FISCAL IMPACT: Finance Director Review: v The cost for FY 06/07 will be $232,024. This includes a median adjustment. There will be an additional cost in the second year (FY 07/08) for a COLA adjustment. Third year costs (FY 08/09) are projected to be an additional $118,723 which is dependent on a final median percentage adjustment- Susan Mills, Director "uman Resources David H. Ready, Ci y Attachments: Resolution: Approving MOU Resolution: Budget Amendment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA), FOR THE PERIOD JULY 1, 2006 THROUGH JUNE 30, 2009, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING. WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) as the Municipal Employee Relations Representative (MERR) who shall be the City's principal representative on all matters of employer- employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment; and WHEREAS, the City, through its Municipal Employee Relations Representative (MERR), has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Fire Management Association (PSFMA) representing the Fire Management Unit; and WHEREAS, as a result of such good faith negotiations the MERR and PSFMA have reached agreement on the terms and conditions of a Memorandum of Understanding (MOU) governing employees of the City of Palm Springs within such Police Safety Unit, subject to ratification by the Unit; and WHEREAS, PSFMA and the MERR jointly recommend adoption of such MOU by the City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Memorandum of Understanding between PSFMA and MERR, for the period July 1, 2006 through June 30, 2009, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon ratification and execution of said Memorandum of Understanding in a form approved by the City Attorney. ADOPTED THIS 7th day of February, 2007. David H. Ready, City Manager Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California i RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2006-07 FISCAL YEAR. WHEREAS Resolution21611 approving the budget for the fiscal year 2006-07 was adopted on June 7,2006; and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 21611, adopting the budget for the 2006-07 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 001 Fire Dept. 3520-40000 $232,024 Purpose To cover Salary and Benefit Increases for Fire Management SECTION 2. SOURCE Fund Activity Account Amount 001 Fund Balance 29301 $232,024 ADOPTED THIS day of 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California